This article shall hereinafter be known and cited as "The Incentive
Zoning Law of the Village of Spencerport."
The Village Board has determined that it may be appropriate
to make adjustments to permissible density and area requirements for
the specific purpose of encouraging development using smart growth
principles 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 Spencerport's
Comprehensive Plan, Southside Waterfront Redevelopment Concept Plan
and Design Guidelines for the Canal Town Business Center in the Village
of Spencerport 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, enhanced public parking, public
access to the Erie Canal and recreation lands and trails.
D.
The preservation of canal access, 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 Village.
In accordance with § 7-703 of the Village Law of the State of New York, the Village Board of the Village of Spencerport 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 § 340-90.
This article shall apply to all zoning districts in the Village
of Spencerport.
For the purpose of this article, the terms used are defined
as follows:
Open space, parks, elder care, public 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 of Trustees.
The system by which specific incentives or bonuses are granted,
pursuant to § 7-703 of New York State Village Law, on condition
that specific social, economic, or cultural benefits or amenities
are provided to the community.
Adjustments to the permissible density, area, height, use
or other requirements of this chapter for the Village of Spencerport
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.
A.
The following benefits or amenities may be either on or off the site
of the subject application:
(1)
Preservation of open space.
(2)
Regional parks.
(3)
An obligation by the developer to install utilities and appurtenances
in excess of the minimum requirements in order to mitigate proposed
development impacts, including visual impacts.
(4)
Preservation of cultural or historic facilities in excess of those
required to mitigate proposed development impacts.
(5)
Increased public access to the Erie Canal.
(6)
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.
(7)
If the Village Board finds that a community benefit is not suitable
on 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.
(8)
Any combination of above-listed amenities and/or cash in lieu of
any amenity (amenities) for specific purposes identified.
(9)
Prior to the issuance of any permit, stripping of any ground cover,
site grading, or any other site improvements or construction activities:
B.
These amenities shall be in addition to any mandated requirements
pursuant to other provisions in the Code of the Village of Spencerport.
The following incentives may be granted by the Village Board
to an application on a specific site:
A.
A preapplication conference is strongly encouraged 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, one Trustee,
the engineer representing the Village, the SME Superintendent, the
DPW Superintendent, the Building Inspector and the Village Attorney.
(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 is 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, Southside Waterfront Redevelopment Concept
Plan and Design Guidelines for the Canal Town Business Center in the
Village of Spencerport 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).
(e)
Includes a completed long environmental assessment form, Part
I.
(5)
Twenty 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, shall refer the application to the Zoning
Board of Appeals for its review and recommendations.
(6)
A check to the Village of Spencerport in an amount established by
resolution of the Village Board as set forth in the Fee Schedule.
This shall be nonrefundable.
(7)
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.
C.
The Zoning Board of Appeals 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.
D.
The application shall be referred to the Monroe County Planning Department
for its review. 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,
the New York State Canal Corporation and the New York State Department
of Environmental Conservation.
E.
Once the application has been determined to be complete, a public
hearing will be scheduled before the Village Board. The Village Clerk
shall give notice of the hearing in the official newspaper of the
Village at least 10 days prior to the date of the hearing.
F.
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 the remaining 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
[1]
Editor's Note: See Article 8 of the Environmental Conservation
Law.
G.
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.
H.
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.
I.
Upon a favorable decision of the Village Board, an application shall
be submitted for subdivision and/or site plan approval pursuant to
the applicable provisions of the Code and regulations of the Village
of Spencerport. Failure to submit the application 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 for a maximum of six additional months.
In accordance with § 7-703, Subdivision 3d, 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.
