This chapter shall be referred to as "Local Law #3 of 2025 Adding Chapter 102 to the Albion Town Code Concerning Incentive Zoning."
[HISTORY: Adopted by the Town Board of the Town of Albion 12-22-2025 by L.L. No. 1-2026. Amendments noted where applicable.]
A.
Intent. This chapter is adopted to allow the Board the authority to grant incentives to the private sector engaged in the land development process, the spirit and intent of which is to advance Town of Albion (hereinafter referred to as Albion) policies in accordance with its laws, rules and in coordination with other community planning mechanisms or land use techniques.
B.
Purpose. The purpose of these regulations of incentive, or bonus, zoning shall be to advance the Town's specific physical, cultural and social policies in accordance with the Town's Comprehensive Plan and in coordination with other community planning mechanisms or land use techniques. The system of zoning incentives or bonuses shall be in accordance with the meaning of § 261-b of Article 16 of the New York Town Law, as may be amended from time to time.
C.
Objectives. This authority may be used by the Board to assist the following objectives from Albion's Comprehensive Plan.
(1)
To protect highly valued ecological resources and environmentally sensitive areas.
(2)
To protect active farm operations.
(3)
To preserve greenways and important open spaces, preserve historic and archaeological resources and protect high quality scenic resources.
(4)
To provide a sound mix of housing types.
(5)
To promote provision of neighborhood services and growth in a carefully planned manner with a design quality reflecting the values of the community and with a secondary benefit of relieving some traffic congestion in other areas of Albion.
(6)
To secure important public work improvements which would not otherwise be provided such as extending sidewalks, connecting residential areas with schools, or providing stormwater detention and treatment basins in excess of that necessitated by project demand.
D.
Districts designated for incentives. The Town Board shall have the authority to designate incentives in all zoning districts of the Town of Albion.
E.
Authority. In accordance with Town Law § 261-b the Board is empowered for a system of zoning incentives as deemed necessary, appropriate and consistent with purposes and conditions set forth herein.
F.
Applicability. Except as specifically limited herein, this chapter will apply to all zoning districts in the Albion.
As used in this chapter, the following terms shall have the meanings indicated hereinbelow:
Any Town of Albion Comprehensive Plan Update as amended from time to time.
The system by which specific incentives are granted, pursuant to Town Law § 261-b and the provisions of this chapter on condition that any specific physical, social or cultural benefits or amenities would inure to the community.
A preliminary and nonbinding review by the Board of an application for use of incentive zoning to determine the merits of applying the incentive zoning concept to a particular project.
The State Environmental Quality Review Act, Article 8 of the New York State Environmental Conservation Law, as amended, and the regulations thereunder.
The Town Board may grant the following incentives:
A.
Increases in residential unit density.
B.
Development of current residential unit density over a full parcel, as long as an equivalent amount of the open space that would have been required is provided for elsewhere.
C.
Changes in lot area and dimensional requirements.
D.
Changes of use.
E.
Development of properties with mixed uses, including various density residential, various specialty resident, such as senior citizen, affordable housing and assisted living, and commercial retail and hospitality uses.
F.
Reduction/elimination of recreation fees.
G.
Reduction of road construction standards, for example, permitting a slightly narrower pavement width to serve a limited development project.
A.
The following community benefits or amenities may, at the discretion of the Board, be accepted in exchange for an incentive as provided herein. These community benefits or amenities may be either on or off the site of the subject application, may involve one or more parcels of land and may be situated in any district, unless otherwise specifically limited in this chapter.
B.
These amenities will be in addition to any mandated requirements pursuant to other provisions of the Albion Town Code and any other applicable laws and/or regulations.
(1)
Agricultural conservation, open space, scenic, ecological, historic or other permanent conservation easements.
(2)
Donations of land in fee simple for conservation and other community benefit purposes.
(3)
Construction of recreation amenities, serving Town-wide needs that are accessible to the general public above and beyond that otherwise required by this chapter or by State law.
(4)
Construction or improvement to public works above and beyond that required to mitigate proposed impacts in accordance with SEQRA and the Town Code.
(5)
Preservation and improvements of historical sites or cultural sites or structures.
(6)
Other facilities or benefits to the residents of the community as determined by the Board.
(7)
Any combination of the above listed community benefits or amenities.
(8)
Donations of funds in place of other amenities where the Board considers such readily conducive to furthering the goals of this incentive zoning law, or, in combination with other amenities, where the Board finds same appropriate.
C.
These amenities will be in addition to any mandated requirements pursuant to other provisions of the Albion Town Code and any other applicable law or regulations.
A.
The particular incentive granted will be in relative proportion to the value and importance of the amenity provided, as determined by the Board at the time of application.
B.
Residential unity density increases will be granted in percentage increments not to exceed 100% of the original zoned density for the particular parcel receiving the density increase.
C.
Mixed use projects shall be configured in use proportions as determined by the Board with a view towards striking a balance of uses so as to create mutual and interdependent functions.
A.
Optional preapplication review. It is recommended that the applicant consult informally with the Board and/or other Albion support staff prior to completion of an application for purposes of gathering information for the proposed amenity/incentive exchange. The applicant is advised to review the Comprehensive Plan and any other materials Albion may have on file regarding the incentive zoning program.
If any clause, sentence, paragraph, subdivision, section or part of this chapter, or the application thereof to any person, individual, firm or corporation, or circumstance, shall be adjudged by any Court of competent jurisdiction to be invalid or unconstitutional, such order or judgment shall not affect impair or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, subdivision, section or part of this chapter, or in its application to the person, individual, firm or corporation, or circumstance, directly involved in the controversy in which said order or judgment shall be rendered.
This chapter shall take effect upon the date it is filed in the Office of the New York State Secretary of State in accordance with the Municipal Home Rule Law § 27.