[Added 12-2-2019 by L.L.
No. 3-2019]
This article shall hereinafter be known and cited as "The Incentive
Zoning Law of the Village of Brockport."
The Village Board of Trustees (Village Board) has determined
that it may be appropriate to make adjustments to permissible use,
density and area requirements for the specific purpose of encouraging
development using principals set forth in the Village of Brockport's
Comprehensive Plan while providing amenities to the Village at a minimum
cost to the residents and taxpayers. It is the intent of this article
to empower the Village Board to grant incentives or bonuses to advance
the vision and policies articulated in the Village of Brockport'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 goals of the Village.
C.
The creation of usable open space and public access to recreation
lands and trails.
D.
The orderly development of parks.
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 Village.
In accordance with § 7-703 of the Village Law of the State of New York, the Village Board of the Village of Brockport 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 Village Board deems necessary and appropriate and which are consistent with the intent and purpose set forth in § 58-36.2.
This article shall apply to all zoning districts in the Village
of Brockport.
For the purpose of this article, the terms used are defined
as follows:
Open space, parks, historical preservation, off-street parking
and other specific physical, social or cultural amenities, or cash
in lieu thereof, of benefit to the residents of the community, authorized
by the Village Board.
Adjustments to the permissible density, area, height, use
or other requirements of the Zoning Code for the Village of Brockport
and any amendments thereto in exchange for a specific community benefit
or amenity. These adjustments may incorporate two or more noncontiguous
parcels of land.
The system by which specific incentives or bonuses are granted,
pursuant to § 7-703 of the New York State Village Law, on
condition that specific social, economic, or cultural benefits or
amenities are provided to the community.
A.
The following benefits or amenities may be either on or off the site
of the subject application:
(1)
Preservation of open space.
(2)
Construction, improvement and enhancement to Town buildings
and grounds including parks.
(3)
Preservation of cultural or historic facilities in excess of
those required to mitigate proposed development impacts.
(4)
Enhancement and preservation of designated historical landmarks.
(5)
Other facilities or benefits to the residents of the community
which are consistent with the purpose and intent of this article,
as determined by the Village Board.
(6)
If the Village Board finds that a community benefit is not suitable
on the site or cannot be reasonably provided, the Village 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
Village Board exclusively for amenities specified in these provisions.
(7)
Any combination of the above-listed amenities and/or cash in
lieu of any amenity(s) for specific purposes identified.
B.
Prior to the issuance of any permit, stripping of any ground cover,
site grading, or any other site improvements or construction activities:
C.
These amenities shall be in addition to any mandated requirements
pursuant to other provisions in the Code of the Village of Brockport.
The following incentives may be granted by the Village Board
to an application on a specific site:
A.
A preapplication conference is required prior to the submission of
an application for incentive zoning. The purpose of a preapplication
conference is to inform the applicant of applicable procedures, submission
requirements, development standards and other pertinent matters before
the applicant finalizes the incentive zoning proposal.
(1)
The preapplication conference will be coordinated through the
Building Department and will normally be attended by the Mayor, Superintendent
of Public Works, the Building Inspector, and other interested parties
who may be designated by the Mayor.
(2)
The applicant requesting consideration for incentive zoning
is required to attend the preapplication conference and is encouraged
to bring the project's design professional(s).
(3)
Upon the request for the preapplication conference, the applicant
shall pay a fee in an amount determined by the Village Board by resolution
and as set forth in the fee schedule. This fee shall be nonrefundable.
(4)
Opinions presented during a preapplication conference are advisory
in nature and do not represent a commitment on behalf of the Village
Board or represented agency regarding the acceptability of the incentive
zoning proposal.
B.
An application for incentive zoning will consist of a letter of intent
accompanied by the following information:
(1)
One concept plan showing the site developed to its fullest extent
under the zoning regulations in this chapter of the Village Code and
one concept plan showing the site developed in a manner that incorporates
the desired incentive and amenity to be provided. These plans shall
show the following information:
(a)
Location and extent of all proposed land uses, including development
areas and open spaces, with areas shown in acres.
(b)
All interior streets, roads, access easements and their planned
private or public ownership, as well as all points of access and egress
from existing public rights-of-way.
(c)
An area map showing adjacent parcels; that portion of the applicant's
property under consideration; all properties, zoning districts, subdivisions,
streets, access easements, watercourses, drainage facilities, buildings,
structures and other significant natural and built features within
300 feet of the applicant's property and all uses of abutting
lands.
(2)
A written description of the proposed amenity.
(3)
The cash value of the proposed amenity.
(4)
A narrative which:
(a)
Describes the benefits to be provided to the community by the
proposed amenity.
(b)
Provides a preliminary indication 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 may place on these
facilities beyond the demand on them as if the site were developed
to its fullest extent under the zoning regulations in this chapter
of the Village Code.
(c)
Explains how the amenity helps implement the vision and policies
of the Comprehensive Plan and land use goals of the Village as supplemented
by the laws and regulations adopted by the Village Board.
(d)
Describes in detail the requested incentive(s).
(5)
A completed Long Environmental Assessment Form, Part I.
(6)
Payment to the Village in an amount established by resolution
of the Village Board as set forth in the fee schedule. This shall
be nonrefundable.
C.
In addition to the fee above, the developer shall be responsible
for all costs associated with reviewing the application, including
legal fees and engineering fees. To guarantee the payment of these
costs, the developer shall be required to deposit the sum of $1,500
with the Village at the time of application. Any unused portion shall
be refunded to the developer upon completion of the project or withdrawal
of the application. The Village may request payment of additional
fees as required, and such payment shall be due within 10 days of
request.
D.
Twelve sets of the application shall be provided to the Village for
distribution and review. The Village Board, upon receipt of an application,
and as part of its review, may, in its discretion, refer the application
to the Planning Board for its review and recommendations.
E.
If requested by the Village Board, the Planning Board shall forward
a written recommendation to the Village Board indicating whether or
not it supports the approval of the incentive and amenity. This recommendation
shall consider the following:
(1)
The suitability of the site(s) for the type of open space preservation
proposed, the physical characteristics of the land and the relation
of the proposed development to surrounding existing and probable future
development.
(2)
The adequacy of major roads, utilities and other facilities
and services to serve the development.
(3)
That the proposal is conceptually sound, is consistent with
the Village Comprehensive Plan, and meets local and area-wide needs.
F.
The application shall be referred to the Monroe County Planning Department
for its review if required by the General Municipal Law. The Village
may also refer the application to the Village Engineer, as well as
other local and county officials, representatives of federal and state
agencies and consultants as deemed appropriate. These agencies may
include, but are not limited to, the Monroe County Department of Transportation,
the New York State Department of Transportation and the New York State
Department of Environmental Conservation.
G.
All applicable requirements of the State Environmental Quality Review
(SEQR) Act[1] shall be complied with as part of the review and hearing
process. In addition to other information that may be required as
part of the 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:
(1)
First, serve any vacant land on the site as though it were developed
to its fullest potential under the zoning regulations in effect at
the time of the amenity/incentive proposal; and
(2)
Then, serve the on-site amenity and incentive.
[1]
Editor's Note: See 6 NYCRR Part 617.
H.
In order to approve an amenity/incentive proposal, the Village Board
shall determine that the requirements of SEQR have been met and the
proposed amenity provides sufficient public benefit to provide the
requested incentive. In order to make this determination, the Village
Board may require the completion of an environmental impact statement.
Thereafter, the Village Board is authorized to act on an application
for approval pursuant to this article.
I.
The Village Board may impose conditions on a project to ensure that
the above findings are ensured through the subsequent plan review
and construction phases of the project.
J.
Upon a favorable decision of the Village Board, an application shall
be submitted to the Planning Board for subdivision and/or site plan
approval pursuant to the applicable provisions of the Code and regulations
of the Village of Brockport. Failure to submit the application to
the Planning Board within six months of approval by the Village Board
shall render any incentive zoning granted hereunder null and void
unless extended by resolution of the Village Board. Any such extensions
shall be in increments of no more than six months and the Village
Board shall allow no more than two extensions unless the applicant
shall demonstrate exceptional circumstances warranting any further
extension.
In accordance with § 7-703 of the Village Law, any
applicant for incentives or bonuses shall pay a proportionate share
of the cost of preparing any generic environmental impact statement
prepared in conjunction with the project, and such charge shall be
added to any site-specific charge made pursuant to the provisions
of § 8-0109 of the Environmental Conservation Law.
