The Town Board has determined that it is appropriate to make
adjustments to permissible density and area requirements for specific
purposes of preserving farmland and open space as well as to promote
the extension of roadways, sewers and other such amenities at a minimum
cost to the residents and tax payers. It is the intent of this article
to empower the Town Board to grant incentives or bonuses to advance
the vision and policies articulated in the Town of Lysander's Comprehensive
Plan, and the following objectives:
A. The preservation and enhancement of natural and cultural features.
B. The accommodation of land uses and physical site arrangements which
are not contemplated under conventional zoning, but which would further
the land use conservation and development goals of the Town.
C. The creation of usable open space and recreation lands and trails.
D. The preservation of farmland, scenic viewsheds, water resources,
forests, meadows, geologic features, environmentally sensitive areas,
significant plant and animal habitats, and important ecological resources.
E. The provision of a more desirable environment than what would be
possible through the strict application of existing zoning regulations.
F. The promotion of the general health, safety, and welfare of the Town.
In accordance with § 261-b of the Town Law of the State of New York, the Town Board of Lysander is empowered to provide for a system of zoning incentives or bonuses in exchange for specific social, economic, or cultural benefits or amenities as the Town Board deems necessary and appropriate and which are consistent with the intent and purpose set forth in §
320-74.
The Incentive Zoning Program was developed pursuant to § 261-b
of the Town Law of New York State and the Town of Lysander Land Use
Plan (Comprehensive Plan). Incentive zoning areas shall be indicated
as floating overlay zones on the official Town of Lysander Zoning
Map and may be adjusted over time following due process through Town
Law. The procedure for amending the Incentive Zoning Area Overlays
shall be the same as for an amendment to the Town Zoning Map.
For the purpose of this article, the terms used are defined
as follows:
INCENTIVES or BONUSES
Adjustments to the permissible density, area, height, use
or other requirements of this chapter for the Town of Lysander and
any amendments thereto in exchange for a specific community benefit
or amenity that provides for the significant preservation of open
space in a manner not otherwise allowed by this chapter; these adjustments
may incorporate two or more noncontiguous parcels of land.
INCENTIVE ZONING
The system by which specific incentives or bonuses are granted,
pursuant to § 261-b of the New York State Town Law, on condition
that specific social, economic, or cultural benefits or amenities
are provided to the community.
The following incentives may be granted by the Town Board to
an application on a specific site:
A. Increases in residential or nonresidential unit density.
C. Increases in lot coverage.
D. Changes in setbacks or height.
F. Reduction of required buffer area.
[Amended 12-19-2019 by L.L. No. 5-2019]
A. If the Town Board finds that a community benefit is not suitable
on site or cannot be reasonably provided, the Town Board may require
a cash payment in lieu of the provision of the amenity or bonus. These
funds shall be placed in a trust fund to be used by the Town Board
exclusively for amenities specified in these provisions. Payments
shall be made by the applicant prior to the issuance of any permit
or construction activities.