[HISTORY: Adopted by the Board of Trustees of the Village of Lake Success 9-9-2013 by L.L. No. 4-2013. Amendments noted where applicable.]
This chapter is intended to give the Board of Trustees all powers set forth in New York State Village Law § 7-703.
As used in this chapter, the following terms shall have the meanings indicated:
- COMMUNITY BENEFITS or AMENITIES
- Open space, parks, the public amenities set forth in § A123-7, or other specific physical, social or cultural amenities, or cash in lieu thereof, as authorized by the Board of Trustees, which provide a benefit to the residents of the community.
- DEVELOPMENT INCENTIVE BONUS OVERLAY DISTRICT
- That portion of the Village bordered by North Service Road of the Long Island Expressway (Nassau Boulevard Extension) on the south, by Community Drive on the east, by Lakeville Road on the west and comprising those properties designated on the Nassau County Land & Tax Map as Section 002, Block 358, Lots 27, 28, 30 and 37.
- INCENTIVE BONUSES
- Adjustments to the permissible density, coverage, floor area ratios, parking requirements, setbacks, topographical changes, area, height, open space, use or other provisions of the Lake Success zoning and land use laws for a specific purpose authorized by the Board of Trustees.
- INCENTIVE ZONING
- The system by which specific incentives or bonuses are granted to applicants pursuant to this section on condition that specific physical, social, or cultural benefits or amenities would inure to the benefit of the community, in accordance with New York State Village Law § 7-703.
The purpose of this system of incentive bonuses shall be to advance the Village's specific physical, cultural and social policies in accordance with the Village's comprehensive zoning plan and the Village's zoning laws and in coordination with other community planning mechanisms or land use techniques.
This system of development incentive bonuses shall be applicable to the Development Incentive Bonus Overlay District.
The applicant for incentive bonuses shall pay the cost, if any, of any generic environmental reports, studies or statements required by the Board of Trustees, and such charges shall be added to any site-specific charges payable pursuant to the provisions of § 8-0109 of the Environmental Conservation Law.
An applicant for incentive bonuses shall be required to pay all expenses incurred by the Board of Trustees for consultation fees (including, but not limited to, engineering, architectural and legal expenses) or other expenses in connection with the review of an application. At the time of application, the applicant shall deposit with the Village Clerk in a trust and agency account such amount to cover consultation fees and expenses as shall be established, from time to time, by resolution of the Board of Trustees. Additional deposits may be required from time to time. In instances where such expenses are minimal, the requirement for reimbursement of expenses may be waived by resolution of the Board of Trustees.
The Board of Trustees, following a public hearing, may provide incentive bonuses in exchange for the applicant providing one or more of the following facilities or public amenities: open space, parks and recreational facilities, streetscape amenities, landscaping, road improvements, drainage improvements or other specific physical, social or cultural amenities, or cash in lieu thereof, for the benefit of the residents of the Village authorized by the Board of Trustees.
For applicants who provide or make provision for public amenities and facilities in this subsection, the Board of Trustees may, at its discretion, award the incentive bonuses by granting adjustments to the permissible density, coverage, floor area ratios, parking requirements, setbacks, topographical changes, area, height, open space, use or other provisions of the Lake Success zoning and land use laws for a specific purpose authorized by the Board of Trustees.
Methods required for determining the adequacy of community amenities. To evaluate the adequacy of the proposed benefits to be accepted in exchange for the requested incentives, the following information shall be provided by the applicant with its application for development incentive bonus approval:
A description of the proposed public amenities outlining the benefits that will accrue to the community;
The economic value of the proposed amenities to the Village as compared with the economic value of the proposed incentives to the applicant;
A preliminary demonstration that there are adequate sewer, water, transportation, waste disposal, police-protection and fire-protection facilities serving or proximate to the proposed development to handle the additional demands the incentive and amenity may place on such facilities beyond the demand that would otherwise occur with as-of-right development; and
An explanation as to the way in which the amenity will implement physical, social or cultural policies of the Village's comprehensive zoning plan.
In compliance with the criteria as set forth above, or by payment in lieu of community benefits described below, the Board of Trustees may grant an incentive bonus to an applicant permitting an increase in unit density of up to 100% of that permitted in the Village's zoning laws.
Application; review process; imposition of terms and conditions. Applications for development bonuses shall be completed by each applicant and filed with the Village Building Department along with the payment of any applicable fees. Authorization for development incentive bonuses shall be subject to approval by the Board of Trustees after a public hearing. Upon completion of the public hearing to consider the application for development incentive bonuses, the Board of Trustees shall grant or deny the application. The Board of Trustees shall determine whether the proposed amenities provide sufficient public benefit to provide the requested incentives. In the event that the Board of Trustees grants such application, it may impose such terms and conditions as are necessary to advance the Village's specific physical, cultural and social policies in accordance with the Village's comprehensive zoning plan. An application for incentive bonuses may be made and heard simultaneously with an application for development under the Senior Living Overlay District.
The Board of Trustees shall hold a public hearing to review all applications submitted pursuant to this Section. Public notice shall be given by publication in the official Village newspaper of such hearing at least 10 days prior to the date thereof. Before an application for development incentive bonuses may be heard by the Board of Trustees, a complete and accurate list of the names and addresses of the owners of all the lands within a radius of 300 feet of the property affected by such application as appears on the latest completed assessment roll of the County of Nassau shall be submitted simultaneously with the application. The applicant shall send, by certified mail, to each owner shown on the applicable list, no less than 10 days nor more than 20 days before the date set for a hearing upon this application, a notice addressed to such owners, generally identifying the property affected thereby and setting forth the development incentive bonuses offered and the date, hour and place fixed by the Board of Trustees for a hearing thereon. Before such cases may be heard by the Board of Trustees, the applicant must file with the Village Clerk, not later than five days prior to the hearing date, an affidavit of the mailing of such notice as herein provided, said affidavit to be made on forms to be provided by the Board of Trustees.
If the Board of Trustees determines that a suitable community benefit or public amenity is not immediately feasible, or otherwise not practical, the Board of Trustees may require, in lieu thereof, a payment to the Village of a sum to be determined by the Board of Trustees. If cash is accepted in lieu of other community benefits or amenities, provisions shall be made for such sum to be deposited in a trust fund to be used by the Board of Trustees for specific community benefits authorized by the Board of Trustees.