[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:
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.
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.
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.
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.
A.
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:
(1)
A description of the proposed public amenities outlining the benefits
that will accrue to the community;
(2)
The economic value of the proposed amenities to the Village as compared
with the economic value of the proposed incentives to the applicant;
(3)
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
(4)
An explanation as to the way in which the amenity will implement
physical, social or cultural policies of the Village's comprehensive
zoning plan.
B.
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.[1]
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.
