[HISTORY: Adopted by the Town Board of the Town of Macedon 6-25-2020 by L.L. No. 4-2020. Amendments noted where applicable.]
This chapter shall hereinafter be known and cited as the "Incentive Zoning Law for the Hamlet of Macedon."
It is the purpose of this chapter to empower the Town Board to grant incentives or bonuses to advance the Hamlet's specific physical, cultural and social policies in accordance with the Hamlet Master Plan and in coordination with other community planning mechanisms and/or land use techniques.
In accordance with § 261-b of the Town Law of the State of New York, the Town Board is empowered to provide for a system of zoning incentives, or bonuses, in the Hamlet as the Town Board deems necessary and appropriate consistent with the purposes and conditions set forth in Town Law § 261-b.
This chapter shall apply to the entire area of the Hamlet, as defined in § 305-5 of this chapter, but shall provide for any future amendments or adoptions to the zoning laws of the Town in any of its districts as well as the Hamlet Master Plan.
As used in this chapter, the following terms shall have the meanings indicated:
- ARCHITECTURAL REVIEW
- A part of the application process whereby the applicant will provide information regarding the visual features of the structure and appropriate construction details to determine if amenities or incentives provided are in accordance with the Hamlet Master Plan, other zoning and planning mechanisms in place and the aesthetic goals of the community.
- COMMUNITY BENEFITS OR AMENITIES
- Open space, housing for persons of low or moderate income, parks, housing for seniors, elder care, day care or other specific physical or social or cultural amenities, or cash in lieu thereof, of benefit to the residents of the community authorized by the Town Board.
- All areas formerly contained within the Village of Macedon.
- INCENTIVE ZONING
- The system by which specific incentives or bonuses are granted, pursuant to § 261-b of the Town Law of the State of New York, on condition that specific physical, social, or cultural benefits or amenities would inure to the community.
- INCENTIVES or BONUSES
- Adjustments to the population density, area, height, open space, use, or other provisions of a zoning ordinance or local law for a specific purpose authorized by the Town Board.
The following amenities may be either on or off the site of the subject application:
Preservation and/or permanent protection of open space, environmentally sensitive vegetation, landforms, critical wildlife habitat, scenic views, and public trails/trail linkage.
Utilities and appurtenances, including land devoted to regionalized drainage facilities.
Road and highway improvements in excess of those required to mitigate proposed impacts.
Preservation of cultural or historic facilities.
Other facilities or benefits to the residents of the community determined by the Town Board and/or Planning Board.
Any combination of above-listed amenities and/or cash in lieu of any amenity(s) for specific purposes identified.
Providing for public trails, trail linkages or walkway networks.
The following incentives may be granted by the Town Board to an application on a specific site:
Increases in residential/nonresidential unit density.
Changes of use.
Increases in lot coverage.
Changes in setbacks or height.
Increases in floor area.
Reduction of required buffer area.
Any other changes in the zoning laws, planning or development regulations and specifications applicable to the Hamlet if approved by the Town Board.
Lease agreements with the Town of Macedon regarding permitted uses of Hamlet properties for easements, parking, business signs, or other like applications permitted on approval by the Town Board, some of which can provide a residual income to the Town to be used exclusively for Hamlet improvements and amenities.
Applications for incentives in exchange for amenities shall be submitted to the Planning Board for site plan/subdivision/special use permit review and to the Town Board concurrently. Both submissions shall follow the adopted procedures and shall include the following information:
Written description of the proposed amenity.
The cash or economic value of the proposed amenity.
A narrative which:
Describes the benefits to be provided to the community by the proposed amenity.
Gives a preliminary indication or demonstration that there are adequate sewer, water, transportation, waste disposal and fire protection facilities in the zoning district in which the proposal is located to handle the additional demands the incentive and amenity, if it is an on-site amenity, may place on these facilities beyond the demand that would be placed on them as if the district were developed to its fullest potential.
Explains how the amenity helps implement the physical, social or cultural policies of the Master Plan and any other adopted studies or plans as supplemented by the local laws and ordinances adopted by the Town Board.
Written description of the requested incentive.
Sets of maps containing both the requested incentive layout and a layout conforming to current requirements.
Documentation in compliance with the State Environmental Quality Review Act (SEQRA).
Completion of an architectural review assessment to determine if proposed incentives and/or amenities detailed in the application are in harmony with the Hamlet Master Plan or other planning and land use mechanisms.
The Planning Board shall review the submission and hold a scheduled work session or public meeting in conformance with its adopted meeting schedule and submissions deadlines and shall hear testimony on the proposed application. Following said meeting, the Planning Board shall prepare comments pertaining to the submission application and forward them to the applicant and the Town Board.
The Town Board shall determine, based upon input from the Planning Board and other information/input it deems necessary, if the application warrants further consideration under this chapter. Said determination shall be disclosed in a findings report or similar document, a copy of which shall be made available to the applicant. If further consideration is appropriate, the applicant shall be directed to continue with the pending site plan/subdivision/special use permit application per the requested incentive. Once the application has been determined to be complete, a public hearing will be scheduled before the Town Board. The Town Clerk shall give notice of the hearing in the official newspaper of the Town at least 10 days prior to the date of the hearing.
The applications shall be referred to other agencies for input as appropriate, including but not limited to the Wayne County Planning Board, the Town Engineer, and applicable county, state or federal agencies.
All applicable requirements of the State Environmental Quality Review Act (SEQRA) shall be complied with as part of the review and hearing process, in addition to other information that may be required as part of an environmental assessment of the proposal. The assessment shall include verification that the zoning district in which the proposal is to be located has adequate sewer, water, transportation, waste disposal and fire protection facilities to:
First, serve the remaining vacant land in the district as though it were developed to its fullest potential under the district regulations in effect at the time of the amenity/incentive proposal.
In order to approve an amenity/incentive proposal, the Town Board, along with assistance from the Town Engineer, shall determine that the requirements of SEQRA have been met and the proposed amenity provides sufficient public benefit to allow for the requested incentive. Thereafter, the Town Board is authorized to act on an application for approval; once approved, the Town Board will furnish a written order of actions to be completed by the applicant regarding additional construction documents, site plans, and the amenities to be provided to the Hamlet community.
If the Town Board finds that a community benefit is not suitable on site or cannot be reasonably provided, the Town Board may consider 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 Town Board exclusively for amenities specified in these provisions. For one-time payments, cash payments shall be made prior to the issuance of a building permit or prior to final signatures on approved plans, whichever occurs first. The Town Board will set the requirements for any long-term or incremental payments.