The purpose and intent of this article is to offer incentives
to applicants who provide amenities that assist the Town of Hamburg
to implement specific physical, cultural, social and economic goals
and policies in the Town's Master Plan as supplemented by the local
laws and zoning ordinances adopted by the Town Board. In the case
of this specific incentive zoning law provision, the Town desires
the McKinley Mall area to be redeveloped in a fashion that creates
jobs and taxes and provides a rebirth to this important area of the
Town.
The area as designated on the Town's Zoning Map is eligible
for zoning incentives. Incentives may be offered to applicants who
offer acceptable amenities and improvements to the Town in exchange
for the incentive.
The following incentives may be granted by the Town Board to
the applicant on a specific site:
A. Increases in residential/nonresidential unit density.
B. Changes of use, including the allowance of mixed uses.
C. Increases in lot coverage.
D. Changes in setbacks or height.
F. Reduction of open spaces.
G. Any other changes in the Zoning Ordinance of the Town of Hamburg
provisions.
If the Town Board finds that a community benefit is not suitable
on site or cannot be reasonably provided, the Town Board may require
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 prior to acceptance of funds. Cash payments
shall be made prior to the issuance of a building permit. Cash payments
in lieu of amenities are not to be used to pay general and ordinary
Town expenses.
The provisions of § 261-b of the Town Law shall also
be applicable to this chapter as if fully set forth herein, except,
if there is a conflict between this chapter and § 261-b
of the Town Law, the provisions of this chapter shall apply.