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.
HAMLET
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 incentives may be granted by the Town Board to
an application on a specific site:
A. Increases in residential/nonresidential unit density.
C. Increases in lot coverage.
D. Changes in setbacks or height.
F. Reduction of required buffer area.
G. Any other changes in the zoning laws, planning or development regulations
and specifications applicable to the Hamlet if approved by the Town
Board.
H. 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.
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.