[Added 8-23-2012 by L.L. No. 4-2012]
The purpose of this article is to provide for a system of zoning
incentives for the provision of amenities or benefits that advance
the Village's specific physical, cultural and social policies in accordance
with the Comprehensive Plan and other Village planning mechanisms
and land use techniques, all as provided in Article 7 of the Village
Law, as amended.
The provisions of this article shall be applicable to all use districts in the Village of Webster. Amenities may be located within any zoning district. Incentives consisting of physical improvements may be located only in those zoning districts listed in § 175-35 of this article.
A.
The following are amenities eligible for consideration hereunder:
(1)
Elder care.
(2)
Child care.
(3)
Infrastructure improvements (e.g., roads, parking facilities).
(4)
Parkland, open space.
(5)
Space for public use and enjoyment.
(6)
Cultural or historic sites.
(7)
Senior housing.
(8)
Affordable housing.
(9)
Other facilities or benefits to the Village residents.
(10)
Combination of the above and/or cash in lieu thereof.
B.
Amenities may be provided on or off the site in which the incentive
is granted.
C.
Amenities otherwise required by law shall not be eligible for consideration
hereunder.
D.
If the Village Board finds that an amenity is not immediately feasible
or cannot be reasonably provided, the Village Board may require a
cash payment in lieu of the provision of the amenity. These funds
shall be placed in a trust fund to be used by the Village Board exclusively
for specific community benefits or amenities authorized by the Board
of Trustees. Cash payment shall be made prior to the issuance of a
building permit. Cash payments in lieu of amenities are not to be
used to pay general and ordinary Village expenses.
As an incentive for the provision of amenities, the Village
Board may offer the following incentives or any combination thereof
within the Central Business District, Neighborhood Business District,
West End Business District, Planned Unit Development District, Residential
R-2-9.6 District, Residential RM District, or the Industrial District:
A.
Applications for incentives in exchange for amenities shall be submitted
to the Village Board. The applicant shall provide the following information
with the request:
(1)
Description of proposed amenity.
(2)
Cash value of proposed amenity.
(3)
Exhibits containing:
(a)
Description of benefits to the community of the proposed amenity.
(b)
Statement that there are adequate existing public facilities
(including transportation, water supply, waste disposal and fire protection)
to service the site if developed to full potential.
(c)
Statement of whether the proposed exchange of amenities for
incentives will have any significant negative environmental impacts
and whether mitigating or remediating measures are proposed.
(d)
Statement that the proposed exchange of amenities for incentives
is compatible with the development otherwise permitted.
B.
The Village Board shall consider the submission and determine whether
further review is warranted. If the Village Board determines that
further review is warranted, it shall forward the submission to the
Zoning Board of Appeals and notify the applicant that further submissions
in accordance with this article should be made to the Zoning Board
of Appeals.
B.
Each plot plan shall contain the following information, and such
other data as may be requested by the Zoning Board of Appeals to permit
a proper evaluation of the proposal:
(1)
An area map showing the applicant's entire holding, that portion
of the applicant's property under consideration and all properties
within 500 feet of the applicant's property.
(2)
A topographic map, showing contour intervals of not more than two
feet of elevation.
(3)
Site map showing the following information:
(a)
The title of the drawing, including the name and address of
the applicant.
(b)
The North point, scale and date.
(c)
The boundaries of the property plotted to scale.
(d)
The existing watercourses.
(e)
The location, proposed use and height of all buildings; the
location of all parking and truck loading areas, with on-site traffic
flow plans and access and egress drives to and from the site; the
location of outdoor storage, if any; the location of all existing
or proposed site improvements, including drains, culverts, retaining
walls and fences; a description of the method of sewage disposal and
the location of such facilities; the location and size of all signs;
the location and proposed development of buffer areas; and the location
and design of lighting facilities. In addition, the site plan must
state the gross floor area and net floor area for each building and
delineate and state the area of each use therein, including flex space,
if any.
(g)
A tracing overlay shall be provided showing all soil areas and
their classifications and those areas, if any, with a moderate to
high susceptibility to erosion. For areas with potential erosion problems,
the overlay shall also include an outline and description of existing
vegetation.
C.
Where the incentive consists of off-site improvements, the applicant
shall submit a site plan for the off-site improvements, prepared in
accordance with this section.
D.
The Zoning Board of Appeals may, in its discretion, waive such of
the foregoing as may not be necessary for a proper review of the application.
A.
The Zoning Board of Appeals shall review a complete submission and
report to the Village Board its opinion whether:
(1)
The proposed amenity/incentive exchange is consistent with the Comprehensive
Plan.
(2)
The proposed amenity/incentive exchange is suitable for the site.
(3)
The proposed amenity/incentive development is compatible with adjoining
land uses and improvements.
(4)
The proposed amenity/incentive exchange is in the best interests
of the Village.
B.
The Zoning Board of Appeals shall issue its report within 62 days
after receipt of a complete submission or such other time as the Village
Board may determine.
A.
The Village Board shall review the report of the Zoning Board of
Appeals for the purpose of determining whether further proceedings
should be had thereon and shall notify the applicant of such determination.
B.
Should the Village Board determine a need for further proceedings,
it shall:
(1)
Comply with the provisions of the State Environmental Quality Review
Act (SEQR).
(2)
Evaluate the effects of potential incentives which are possible by
reason of amenities, provided that the zoning district contains adequate
resources, environmental quality and public facilities (including
adequate transportation, water supply, waste disposal and fire protection).
(3)
Consider whether the offered amenities are a sufficient quid pro
quo for the zoning incentives requested.
C.
Prior to its final decision, and in conjunction with SEQR review
and making the determinations specified in the preceding subsection,
the Village Board shall conduct at least one public hearing, and such
other public hearings as it may deem advisable in fulfilling its responsibilities
hereunder, each on notice published in the official newspaper of the
Village at least five days (or 14 days, if a draft environmental impact
statement or supplemental impact statement was required) prior thereto.
D.
Upon completion of the public hearings and termination of the SEQR
process, the Village Board shall approve, approve with modifications,
approve with conditions, or deny the proposed incentive zoning application.
Any approval shall include a statement of findings that:
(1)
All requirements of SEQR have been met.
(2)
The proposed project, including the incentive, can be supported adequately
by public facilities available or provided as a result of the project,
including sewer, water, transportation, waste disposal and fire protection,
without diminishing the availability of such services for projects
permitted as a matter of course.
(3)
The specific factual basis supporting the Village Board's decision
that the project is compatible with the purpose and intent of this
chapter; that the amenities are sufficiently advantageous to make
it appropriate for the grant of the requested incentive; and that
the project will enhance the long-range asset-base of the Village.
(4)
The use of incentive zoning in the particular instance is consistent
with the Comprehensive Plan.
E.
The Village Board will be guided by the following principles: Preference
shall be given to physical amenities benefitting the Village through:
1) its parks and streetscape improvements; 2) its cultural enhancements
and historical structures and artifacts; and 3) physical amenities
located within the immediate area of the incentivized parcel. If the
amenities are to be in the form of cash, or are to be in the form
of physical improvements located outside the zoning district in which
the incentivized premises is located or a zoning district that abuts
that zoning district, the Village Board shall, in its authorizing
resolution, provide a detailed explanation of why the amenities are
more advantageous than physical amenities located in the immediate
area of the incentivized parcel.
F.
Should the Village Board grant a request for incentive zoning (either with or without modification), the Zoning Board of Appeals is authorized to entertain and act upon an application for preliminary site plan and/or subdivision approval pursuant to this chapter and/or Chapter 137, Subdivision of Land, of the Code of the Village of Webster.
