[Added 10-7-2014 by L.L. No. 6-2014]
[Amended 9-20-2016 by L.L. No. 2-2016]
This section shall apply to all new commercial and multiple-family dwelling projects in the Village. It shall further apply to all applications filed under the provisions of the Middle Neck Road Multifamily Incentive Overlay District (MNR-MIO) (Article XXXII), the Steamboat Road Townhome Redevelopment Incentive Overlay (SR-TRIO) (Article XXXIII) and the Residence G or Waterfront Residential District (Article XXXIV).
A.
The Board of Trustees shall have powers set forth in Village Law
§ 7-703, as may be amended from time to time, with regard
to incentive zoning. The Board of Trustees may, at its discretion,
award incentives and bonuses to applicants who provide or make provision
for specific physical, social, and/or cultural amenities, or cash
in lieu thereof, of benefit to the residents of the Village, as from
time to time determined by resolution of the Board of Trustees, provided
such are in accordance with the Comprehensive Plan established by
this chapter.
B.
To evaluate the adequacy of the proposed amenities to be accepted
in exchange for the requested development incentives or bonuses, the
applicant shall, as part of its initial submission to the Village,
submit an application for development incentive bonuses to the Building
Department, together with the payment of the escrow deposit stated
below and all applicable fees that shall be set, from time to time,
by resolution of the Board of Trustees. The application for a development
or incentive bonus shall include the following and such other documentation
and information as may be requested by the Building Department or
the Board of Trustees:
(1)
A description of the proposed 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. The analysis shall include a comparison of the long-term
economic impact of the proposed amenities to the Village compared
to the long-term economic value of the incentives to the applicant.
For purposes of this section "long-term" shall be defined as a term
of 10 years or more;
(3)
A preliminary demonstration that there are adequate parking,
transportation, and fire-protection facilities serving or proximate
to the proposed development to handle the additional demands the increased
density or other incentive or bonus may place on such facilities or
the Village beyond the demand that would otherwise occur with as-of-right
development;
(4)
A description of the effect, if any, on the potential development
of affordable housing gained or lost by the provision of the incentive
or bonus;
(5)
Demonstration that any additional height would not result in
adverse visual impact on the nearby single-family residential areas,
open space areas, streetscape, or, if applicable, the historic character
of the proposed building site or nearby properties; and
(6)
In addition to any other applicable application fees, payment
of a reasonable escrow deposit, as set by the Building Department,
to cover costs and expenses incurred by the Village for legal and
professional fees in connection with review of the application. The
unused portion of the escrow, if any, shall be refunded to the applicant
following final determination of the application.
C.
Authorization for development incentives and bonuses shall be subject
to approval by the Board of Trustees. The Board of Trustees shall
determine whether the proposed amenity provides sufficient public
benefit to provide the requested incentive or bonus. In the event
that the Board of Trustees grants the application, it may impose such
terms and conditions as it deems reasonable or necessary.
(1)
If the Board of Trustees determines that a suitable community
benefit or amenity is not immediately feasible or is impractical,
the applicant shall pay the Village a fee in lieu of such amenities
or benefits in an amount set by the Board. The fee shall be equal
to 15% of the difference between:
(a)
The fair market value of the project, as proposed and with all
bonuses, and the fair market value of the project without the bonuses;
or
(b)
If a rational valuation under (C)(1)(a) cannot be provided,
the fair market value of the project, as proposed and with all bonuses,
and the fair market value of the property in its then-current state.
(2)
The foregoing calculations shall be based upon analyses acceptable
to the Board of Trustees, prepared by a qualified professional or
firm, and commissioned by the applicant at his/her sole cost and expense.
The Board of Trustees shall retain authority to commission an independent
analysis if the Board finds, in its sole discretion, that an independent
study is necessary or prudent to establish reasonable values for calculation
of the fee. The fee in lieu of community amenities or benefits shall
be paid as follows: i) for projects constructed in phases, proportionately
based on the relative size of each phase, prior to commencement of
each phase of development; and ii) for all other developments, half
prior to issuance of the first building permit and half prior to the
issuance of the first certificate of occupancy. If a fee is accepted
in lieu of or in addition to a community amenity or benefit, provision
shall be made for such sum to be deposited in a trust fund to be used
by the Board of Trustees for the creation or improvement of community
amenities or for purposes which provide a community benefit, as authorized
by the Board of Trustees in the future.
D.
If a generic environmental impact statement has been prepared by
the Board of Trustees in relation to the establishment of a system
of zoning incentives within particular zoning districts, the applicant
shall pay a proportionate share of the cost of preparing such impact
statement. Such proportionate share shall be determined based upon
the total area of the applicant's property for which the incentive
or bonus is sought and the total area within the district that was
the subject of the impact statement. All other requirements of Article
8 of the Environmental Conservation Law of New York State shall be
complied with by the applicant, including preparation of a site-specific
environmental assessment form and a supplemental environmental impact
statement, if deemed by the Board of Trustees to be necessary.
[Added 12-21-2021 by L.L. No. 5-2022]
A.
Unless
otherwise specified in a particular incentive zoning approval resolution,
every incentive zoning approval granted by the Board of Trustees shall
become null, void and of no further force and effect upon the failure
of the applicant to apply for all required building permits for the
project that was the basis of the incentive zoning application within
12 months from the approval date by the Board of Trustees of the approval
resolution(s) or such other date as otherwise required by the approval
resolution(s) for said application.
B.
The Board
of Trustees may, for good cause shown, extend the time, upon written
application to it, for such extension of approvals. In determining
whether good cause exists for such extension, the Board shall consider,
among other things, the practical difficulties in obtaining all approvals
from other necessary agencies and/or municipalities needed to obtain
a building permit. The fee for such application shall be as prescribed
from time to time by the Board of Trustees.
C.
The Board
of Trustees may, upon the recommendation of the Superintendent of
Buildings, rescind any incentive zoning approval previously given
upon a determination that the applicant has failed to diligently pursue
such building permit application. Such rescission shall not occur,
however, until a) at least 180 days have passed since the application
was made for the building permit, and b) the applicant is first afforded
an opportunity to be heard by the Board, and the making of specific
findings of fact by the Board as to the applicant's failure to diligently
pursue such application. In determining whether to rescind, the Board
shall consider, among other things, the practical difficulties in
obtaining all approvals from other necessary agencies and/or municipalities
needed to obtain a building permit.
