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:
COMMUNITY BENEFITS OR AMENITIES
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.
INCENTIVES or BONUSES
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.
INCENTIVE ZONING
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.
The following incentives may be granted by the Village 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.
G. Modification of parking requirements.
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.