A.
It is the purpose of this article to empower the Town Board to grant
incentives to the private sector engaged in the land development process
to advance the Town's specific policies in accordance with the Town
of Pittsford's Comprehensive Plan and in coordination with other community
planning mechanisms or land use techniques.
B.
This authority may be used by the Town Board to assist the following
objectives from the Town'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, develop the
Pittsford Trail System, 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 in growing areas
in a carefully planned manner with a design quality reflecting the
values of the community with a secondary benefit of relieving some
traffic congestion in other areas of the Town.
(6)
To secure important public works 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 immediate project demand.
In accordance with § 261-b of the Town Law of the
State of New York, the Town Board is empowered to provide for a system
of zoning incentives as the Town Board deems necessary and appropriate,
consistent with the purposes and conditions set forth herein.
Except as specifically limited herein, this chapter will apply
to all districts in the Town of Pittsford.
As used in this article, the following terms shall have the
meanings indicated:
The Town of Pittsford Comprehensive Plan Update and Generic
Environmental Impact Statement, as amended from time to time.
The Resource Protection Areas A, B and C as designated by
the Town in the Comprehensive Plan.
The system by which specific incentives are granted, pursuant
to § 261-b of the Town Law and the provisions of this chapter,
on condition that specific physical, social or cultural benefits or
amenities would inure to the community.
A preliminary, nonbinding review by the Town 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 promulgated thereunder.
The Town Board may grant the following specific incentives:
A.
Increases in residential unit density only in the Comprehensive Plan
Preservation Areas. These areas include a portion of the Rural Residential
District RRAA and the Suburban Residential District SRAA, as shown
on the attached map.[1]
[1]
Editor's Note: The Official Zoning Map is on file in the office
of the Commissioner of Public Works.
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.
A.
The following community benefits or amenities may, at the discretion of the Town Board, be accepted in exchange for an incentive as provided in § 185-234. 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:
(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 a Town-wide need, accessible to the general public, above and beyond that required under § 185-125 of this chapter.
(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 or cultural sites
or structures.
(6)
Other facilities or benefits to the residents of the community,
as determined by the Town Board.
(7)
Any combination of the above-listed community benefits or amenities.
B.
These amenities will be in addition to any mandated requirements
pursuant to other provisions of the Town of Pittsford Code and any
other applicable law or regulation.
A.
The particular incentive granted will be in relative proportion to
the value and importance of the amenity provided, as determined by
the Town Board at the time of application.
B.
Residential unit density increases, available only in the Comprehensive
Plan Preservation Areas, which includes portions of the RRAA and SRAA
Zoning Districts, will be granted in percent increments not to exceed
100% of the original zoned density for the particular parcel receiving
the density increase.
A.
Optional pre-application review. It is recommended that the applicant
meet informally with Town public works 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, the Resource Inventory and Evaluation Report and
any other materials the Town may have on file regarding the incentive
zoning program.
B.
Applications for incentives in exchange for amenities will be submitted
to the Town Board in accordance with adopted procedures for requests
to amend this chapter. The application will include the following
information:
(1)
The requested incentive.
(2)
The proposed amenity.
(3)
The estimated cash value of the proposed amenity.
(4)
A narrative which demonstrates the following:
(a)
The benefits to the community from the proposed amenity.
(b)
Consistency with the goals and objectives of the Town's Comprehensive
Plan.
(c)
The relative importance and need for the amenity.
(d)
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, if it is an on-site amenity, may place on these facilities
beyond the demand that would be placed on them if the district were
developed to its fullest potential.
(e)
That all conditions and other applicable requirements of the
law are met.
(5)
Any other information or support materials as needed or requested
by the Town Board.
C.
Review by Town Board. Within 45 days of submission of an application, pursuant to Subsection B herein, the Town Board will prepare a brief response to the proposal, outlining, in writing, the Town Board's determination on whether the proposal is worthy of further consideration and the basis for that determination. The Town Board may engage a consultant to assist in review of the application, the cost of which will be borne by the applicant. Suggested modifications to the proposal may also be provided by the Town Board to the applicant. With a supporting determination, the proposed application will be transferred to the Planning Board.
D.
Advisory referral to Planning Board.
(1)
The application will be submitted to the Planning Board for
its nonbinding advisory opinion to the Town Board. The review at this
stage is intended to obtain the input of the Planning Board for the
subject land use decision. It is not intended to serve as a site or
subdivision review, which would only occur after a decision by the
Town Board on the incentive zoning request.
(2)
The Planning Board will schedule a public workshop on the application,
which may be conducted as part of its regularly scheduled meeting.
The intent of the workshop is to share information between the applicant,
the Planning Board and interested members of the public. The workshop
will not supplant the formal hearing which will be conducted by the
Town Board later in the review process.
(3)
Within 45 days of receipt of the application from the Town Board,
the Planning Board will prepare an advisory report to the applicant
and the Town Board. The Planning Board's report will describe the
beneficial aspects of the proposal and make recommendations for the
amelioration of any adverse aspects of the proposal. The Planning
Board's report and the application will then be transferred back to
the Town Board for its final decision on the application.
E.
Compliance with SEQRA.
(1)
Every decision by the Town Board concerning an application for
use of incentive zoning on a particular project will fully comply
with the provisions of SEQRA.
(2)
The applicant will submit an Environmental Assessment Form,
Part 1, to the Town Board after the referral by the Planning Board.
(3)
The Town Board will establish itself as SEQRA lead agency for
all applications submitted pursuant to this article.
(4)
If a generic environmental impact statement has been prepared
by the Town Board in enacting or amending this article, the applicant
will pay a proportionate share of the cost of preparing such impact
statement.
F.
Public hearing by Town Board. Prior to its final decision and in
conjunction with its SEQRA review, the Town Board will conduct a public
hearing in accordance with the standard procedures for adoption of
an amendment to the zoning ordinance or local law. At least five days'
notice (14 days if a draft environmental impact statement or supplemental
environmental impact statement was required) of the time and place
of the hearing will be published in an official newspaper of the Town.
G.
Findings and final decision.
(1)
Following the public hearing and completion of the SEQRA process,
the Town Board will approve, approve with modifications or conditions
or deny the proposed incentive zoning application. A written statement
of the findings will be prepared by the Town Board documenting the
basis of its decision. The findings will include, but not be limited
to, the following:
(a)
SEQRA. That all requirements of SEQRA have been met, including
the required findings under that law.
(b)
Development capacity. That the proposed project, including the
incentive, can be adequately supported by the public facilities available
or provided as a result of the project, including but not limited
to sewer, water, transportation, waste disposal and fire protection,
without reducing the availability of such facilities for projects
permitted as of right under the Town of Pittsford Code.
(c)
Public benefit. That the public benefit realized by the amenity
provided by the applicant is commensurate with the incentive granted
by the Town Board.
(d)
Project quality. That the project is in harmony with the purpose
and intent of this article and with the stated objectives and will
promote the purposes herein, that the project is sufficiently advantageous
to render it appropriate for grant of an incentive and that the project
will add to the long-term assets of the Town of Pittsford.
(e)
Comprehensive Plan. That the use of incentive zoning for the
particular project is consistent with the Comprehensive Plan.
(2)
The Town 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.
H.
Plan review. Following the receipt of a favorable decision by the
Town Board, an application for approval may be submitted pursuant
to the applicable provisions of the Town of Pittsford Code.
