This chapter shall hereinafter be known as cited as the "Incentive Zoning Law of Gates."
[HISTORY: Adopted by the Town Board of the Town of Gates 7-11-2022 by L.L. No. 2-2022. Amendments noted where applicable.]
The Town Board has determined that it is appropriate to make adjustments to permissible density area requirements and other zoning regulations for the specific purpose of allowing for the development and redevelopment of existing lands within the Town of Gates at a minimum cost to the residents and taxpayers. It is the intent of this chapter to empower the Town Board to grant incentives or bonuses to advance the vision and policies articulated in the Town of Gates Comprehensive Plan, and the following objectives:
A.
Allow for the development and redevelopment of lands within the Town that would not otherwise occur without implementation of incentive zoning application.
B.
The accommodation of land uses and physical site arrangements which are not contemplated under conventional zoning but which would further the land use development goals of the Town.
C.
Ability of the Town to create and develop its parklands and other Town facilities and infrastructure with the incentives.
D.
The provision of a more desirable land use and development than what would be possible through the strict application of existing zoning regulations.
E.
The promotion of the general health, safety and welfare of the Town.
In accordance with § 261-b of the Town Law of the State of New York, the Town Board of the Town of Gates 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 Town Board deems necessary and appropriate and which are consistent with the intent and purpose set forth in § 191-2.
This chapter shall apply to the entire Town of Gates.
For the purpose of this chapter, the terms used are defined as follows:
Incentives that would allow the Town to address physical, economic, social or cultural benefits to the residents of the community.
The system by which specific incentives or bonuses are granted, pursuant to § 261-b of New York State Town 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 the Zoning Code for the Town of Gates and any amendments thereto in exchange for a specific community benefit or amenity that provides for the future development or enhancement of Town parklands or Town facilities, and open space in a manner not otherwise allowed by Chapter 190, Zoning, of the Code of the Town of Gates; 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 and development of existing Town parklands and other Town facilities and infrastructure.
(2)
Development of existing Town-owned vacant land while preserving existing natural features.
(3)
Utilities and appurtenances in excess of those required to mitigate proposed development impact.
(4)
Preservation of cultural or historic facilities in excess of those required to mitigate proposed development impacts.
(5)
Other facilities or benefits to the residents of the community which are consistent with the purpose and intent of this chapter, as determined by the Town Board.
(6)
Any combination of above-listed amenities and/or cash in lieu of any amenity(s) for specific purposes identified.
The following incentives may be granted by the Town Board to an application on a specific site:
A.
Increases in residential or nonresidential unit density, including the number of units per building.
B.
Changes in use.
C.
Increases in lot coverage.
D.
Changes in setbacks or height.
E.
Increases in floor area.
F.
Reduction of required buffer area to accommodate proposed development while protecting adjoining land uses.
A.
A preapplication conference shall be held 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.
(2)
The applicant requesting consideration for incentive zoning is required to attend the preapplication conference.
(3)
Opinions presented during a preapplication conference are advisory in nature and do not represent a commitment on behalf of the Town 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 Chapter 190 of the Town Code (excluding undevelopable areas such as wetlands and floodways), 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, with detail of the components that comprise the same.
(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 Chapter 190 of the Town Code.
(c)
Explains how the amenity helps implement the vision and policies of the Comprehensive Plan, and land use goals of the Town as supplemented by the laws and ordinances adopted by the Town Board.
(d)
Description of the requested incentive.
(5)
Twenty sets of the application shall be provided to the Town for distribution and review. The Town Board, upon receipt of an application, and as part of its review, shall refer the application to the Planning Board and to the Conservation Advisory Board for their review and recommendations.
C.
The Planning Board shall forward a written recommendation to the Town 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 development proposed, physical characteristics of the land and the relation of the proposed development to surrounding existing and probably 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 Town Comprehensive Plan, and meets local and areawide needs.
D.
The Conservation Board shall forward a written recommendation that addresses all pertinent environmental issues.
E.
The application shall be referred to the Monroe County Planning Department for its review. The Town may also refer the application to the Town 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.
F.
Once the application has been determined to be complete, a public hearing will be scheduled before the Town Board. The Town Clerk shall give notice of the hearing in the official newspaper of the Town at least 10 days prior to the date of the hearing.
G.
All applicable requirements of the State Environmental Quality Review (SEQR) Act 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
H.
In order to approve an amenity/incentive proposal, the Town 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 Town Board may require the completion of an environmental impact statement. Thereafter, the Town Board is authorized to act on an application for approval pursuant to this chapter.
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 or bonus. These funds shall be placed in a trust fund to be used by the Town Board exclusively for amenities specified in these provisions. Payments shall be made by the applicant prior to the issuance of any permit, stripping of any ground cover, site grading, or any other site improvements or construction activities.