[Added 5-9-2005 by L.L. No. 5-2005]
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's GEIS for the western lands of Clifton Park, the 2003
Comprehensive Plan update, the 2003 Open Space 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 GEIS for the western lands,
Comprehensive Plan, and Open Space Plan:
(1)
To protect wildlife nature preserves, watersheds
and water quality, highly valued ecological resources and environmentally
sensitive areas.
(2)
To protect active farm operations.
(3)
To ensure that all development occurs in an
ecologically sound manner.
(4)
To preserve important open spaces; develop a
comprehensive trails and pathway system; preserve scenic roads, cultural
resources, and historic and archaeological resources.
(5)
To protect wetlands and stream corridors for
their benefits to wildlife habitat, flood and stormwater control,
groundwater protection, erosion control, and recreation.
(6)
To preserve open space for ecological, aesthetic,
and recreational purposes.
(7)
To preserve and enhance the existing diverse
residential, rural, and historic character of Clifton Park, and to
provide for a diversity of housing.
(8)
To allow for an increase in density on a given
site, providing the overall density of the western lands of Clifton
Park is balanced.
(9)
To establish permanent easements on Town-identified
open space parcels to prevent further development.
(10)
To allow for an increase density of both commercial
and residential development within the HM Zone to create a more viable,
walkable hamlet community.
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.
This article applies only to Western Clifton
Park zoning districts: Conservation Residential CR, Hamlet Residential
HR, and Hamlet Mixed Use HM Districts in the Town of Clifton Park,
as shown on the Town of Clifton Park Zoning Map.
The Town Board may grant the following specific
incentives within the procedures set forth in this article:
A.
Incentive A. Single-family residential incentives:
increases in single-family dwelling unit density beyond the base density
within the HM, HR, or CR Districts.
B.
Incentive B. Commercial, two-family, and semidetached
residential incentives: increases in commercial uses and two-family
dwelling and semidetached dwelling unit density only in the HM District.
[Amended 9-20-2010 by L.L. No. 7-2010]
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 "Permitted Incentives" above. These community
benefits or amenities may be either on or off the site of the subject
application and may involve one or more parcels of land. Community
benefits or amenities may only be located within the CR District.
(1)
Permanent conservation easements: agricultural
conservation, open space, scenic, ecological, historic or other types
of permanent conservation easements would be acceptable, on Town-identified
open space parcels within Western Clifton Park. Proof of perpetuity
(signed purchase contract or easement title) is required in writing
to the Town of Clifton Park Town Board prior to approval of an open
space incentive zoning proposal.
(2)
Permanent protection of land in fee simple for
conservation and other community benefit purposes on Town-identified
open space parcels within Western Clifton Park. Proof of perpetuity
(executed purchase contract or transfer of ownership of title) is
required in writing to the Town of Clifton Park Town Board prior to
approval of an open space incentive zoning proposal.
(3)
Cash in accordance with the Special Conditions
below, paid to the Town of Clifton Park's dedicated open space fund
account for utilization by the Town exclusively for the permanent
protection of open space and farmland in Clifton Park. Proposed cash
must be placed in an escrow account to be held by the Town and documented
in writing to the Town of Clifton Park Town Board in accordance with
the following schedule of payments:
[Amended 9-20-2010 by L.L. No. 7-2010]
(a)
For total projects greater than five lots:
[Amended 12-12-2022 by L.L. No. 3-2022]
[1]
One-third (33%) of the total payment is due at the Town Planning
and Zoning Department within 30 days of Town Board approval by Town
Board resolution. At the time of the first payment, at the first building
permit, either a bond, cash, or letter of credit is required to cover
the balance of the remaining amount. The bond, cash, or letter of
credit instrument may be reduced as payments are received.
[2]
An additional 1/3 (33%) of the total payment is due at the Town
Planning and Zoning Department within 30 days of the date of the building
permit granted upon completing 20% of the project's units.
[3]
The final 1/3 (33%) of the total payment is due at the Town
Planning and Zoning Department within 30 days of the Town engineering
inspection letter verifying that the project is 80% complete or within
60 months of the original approval by the Town Board; whichever is
first will trigger payment.
(b)
For total projects of five lots or less: The entire payment is due
at the time of or before the issuance of the date of the first building
permit.
(c)
For projects that received Town Board approval of their open space
incentive zoning proposals prior to March 15, 2010, the following
payment plan shall apply:
[1]
One-third (33%) of the total payment is due at the time of the
first building permit authorization.
[2]
One-third (33%) of the total payment is due within 30 days of
the date of the building permit granted upon completing 20% of the
total project units.
[3]
The final 1/3 (33%) of the payment is due at the Town Planning
and Zoning Department within 30 days of the Town engineering inspection
letter verifying that the project is 80% complete.
[Amended 12-12-2022 by L.L. No. 3-2022]
(4)
Any combination of the above-listed community
benefits or amenities.
B.
These amenities will be in addition to any other mandated
requirements pursuant to other provisions of the Town of Clifton Park
Code and any other applicable law or regulation.
A.
All proposed amenities to be provided by the applicant
must show a demonstrable benefit to the benefit area.
B.
Where Incentive A (increase in single-family residential
density) is sought, the Town Board shall only receive amenities per
the following conditions:
(1)
The incentive granted will be in a one-to-one
proportion to the development potential of the unconstrained land,
as described in the table below and determined by the Town Board at
the time of application.
|
Determination of Amenity Required for
Single-Family Dwelling Unit Incentive
| |||
|---|---|---|---|
|
Development
|
Density Increase
|
Amenity Required
| |
|
Single-family residential
|
1 unit
|
3 acres of unconstrained land
| |
|
OR
| |||
|
Single-family residential
|
1 unit
|
$30,000
| |
(2)
Residential unit density increases will be granted
in increments, according to the table above, of double the original
base density, or in other words, not to exceed an increase of 100%
of the original base density for the incentive site.
C.
Where Incentive B (increase in commercial, two-family,
and/or semidetached residential density) is sought, the Town Board
may only receive amenities per the following conditions:
[Amended 9-20-2010 by L.L. No. 7-2010]
(1)
Determination of incentive.
(a)
The incentive granted will be in proportion
to the development potential of the conservation site provided in
terms of unconstrained land, as outlined in the table below and determined
by the Town Board at the time of application.
|
Determination of Amenity Land Required
for Commercial, Two-Family, and Semidetached Dwelling Incentives
| |||
|---|---|---|---|
|
Development
|
Density Increase
|
Amenity Required
| |
|
Office
|
1,000 gross square feet
|
1 acre of unconstrained land or $20,000 ($20/gross
square foot)
| |
|
Retail
|
1,000 gross square feet
|
1.5 acres of unconstrained land or $30,000 ($30/gross
square foot)
| |
|
Two-family, semidetached, and apartments over
commercial or retail ground floor space
|
One equivalent dwelling unit
|
2 acres of unconstrained land or $20,000
| |
(b)
For example, a project that is seeking a density
increase of 2,000 square feet of office, 2,000 square feet of retail
space, and two residential units beyond the base density would be
required to provide nine acres of unconstrained land as a conservation
site. Alternatively, $140,000 could be paid to the Town's open space
fund.
(2)
Commercial and two-family and semidetached,
residential density increases will be granted in increments equal
to the development potential of the amenity land provided per the
above table, of double the original base density, or not to exceed
an increase of 100% of the original base density for the incentive
site.
A.
Optional preapplication review. It is recommended
that the applicant meet informally with Town planning 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 GEIS, the Comprehensive Plan, the Open Space Plan, and
any other materials the Town may have on file regarding the open space
incentive zoning program.
B.
Applications requesting incentives in exchange for
providing community benefits 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.
(a)
The location of the proposed conservation site
must be demonstrated. The proposed conservation site should be one
of the priority open space lands identified in the Land Conservation
Plan in the Western Clifton Park GEIS and the Town of Clifton Park
Open Space Plan.
(b)
The site's constrained land and unconstrained
land must be mapped, and submitted as part of the application. The
proposed unconstrained land area that is the basis for the requested
incentive must be specifically identified and highlighted on the map.
(c)
The base density calculation that is the basis
for the proposed exchange for incentives must be provided.
(d)
The proposed conservation site proposed for
permanent protection must include this unconstrained land area and
may include constrained land. Any proposed subdivision of land related
to the efforts to obtain control of land for the incentive zoning
proposal must be approved by the Town as applicable.
(3)
The estimated cash value of the proposed amenity.
(4)
A narrative which demonstrates the following:
(a)
The benefits to the community, including the
benefit area, from the proposed amenity.
(b)
Consistency with the goals and objectives of
the Town's Comprehensive Plan, Open Space Plan, and western lands
of Clifton Park GEIS.
(c)
The relative importance and need for the amenity.
(d)
That there are 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 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. At this point, the Town Board reserves the right to deny the project. However, with a supporting determination, the proposed application will be transferred to the Planning Board for review.
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. The Planning
Board reserves the right to deny the project, and describe why in
its findings back to the Town Board.
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 a long form environmental
assessment, 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.
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 the 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 Clifton Park
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, and that there is specifically
a demonstrable benefit to the incentive area.
(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 Clifton
Park.
(e)
Comprehensive plan: that the use of incentive
zoning for the particular project is consistent with the GEIS, Comprehensive
Plan, and Open Space 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 Clifton Park
Code.
[Added 9-20-2010 by L.L. No. 7-2010]
Should the project not start construction within 60 months from
the date of the open space incentive zoning approval by the Town Board,
or if construction should start and not be continued without substantial
interruption, then the open space incentive zoning approval for any
additional density will be extinguished and the zoning shall revert
to its existing zoning status as it appeared in the Clifton Park Town
Code on the date of such approved by the Town Board. Any remaining
bond, cash escrow or letter of credit held for the open space incentive
zoning, will be extinguished upon the sunset of the project's open
space incentive approval.
