[HISTORY: Adopted by the Town Board of the
Town of Brighton 1-27-1993; amended in its entirety 6-27-2007 by L.L. No. 11-2007. Subsequent amendments noted where applicable.]
The purpose and intent of this article is to
offer incentives to applicants who provide amenities that assist the
Town to implement specific physical, cultural and social policies
in the Comprehensive Plan as supplemented by the local laws and ordinances
adopted by the Town Board.
All zoning districts are designated as eligible
for zoning incentives under this article. Incentives may be offered
to applicants who offer an acceptable amenity to the Town in exchange
for the incentive.
A.
The following amenities may be either on or off the
site of the subject application:
(1)
Affordable housing.
(2)
Passive and active open space and related improvements.
(3)
Parks.
(4)
Child-care or elder-care facilities.
(5)
Utilities.
(6)
Road improvements.
(7)
Health or other human-service facilities.
(8)
Cultural or historic facilities.
(9)
Other facilities or benefits to the residents of the
community.
(10)
Any combination of amenities and/or cash in lieu of
any amenity(s).
B.
These amenities shall be in addition to any mandated
requirements pursuant to other provisions of the Comprehensive Development
Regulations.
The following incentives may be granted by the
Town Board to the applicant on a specific site:
A.
Applications for incentives in exchange for amenities
under this article shall be submitted to the Town Board, together
with proof of payment of the application fee. The amount of such fee
shall be set from time to time by resolution of the Town Board. In
order to preliminarily evaluate the adequacy of amenities to be accepted
in exchange for the requested incentive, the following information
shall be given by the applicant:
(1)
The proposed amenity.
(2)
The cash value of the proposed amenity.
(3)
A narrative which:
(a)
Describes the benefits to be provided to the
community by the proposed amenity.
(b)
Gives 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, if it is an on-site
amenity, may place on these facilities beyond the demand that would
be placed on them as if the district were developed to its fullest
potential.
(c)
Explains how the amenity helps implement the
physical, social or cultural policies of the Comprehensive Plan as
supplemented by the local laws and ordinances adopted by the Town
Board.
(4)
The requested incentive.
B.
The Town Board shall review the proposal and inform
the applicant whether or not the proposal is worthy of further consideration.
If it is deemed worthy of further consideration, the applicant shall
then submit two sketch plans to the Planning Board:
[Amended 8-13-2014 by L.L. No. 6-2014]
(1)
The first sketch plan.
(a)
The first sketch plan shall show how the site will be developed, with the amenity, if it is on-site, and the incentive. In addition to meeting the requirements of Chapter 217, Article III, § 217-11A, or Chapter 213, § 213-4, of the Comprehensive Development Regulations, the plan shall also show existing development, property owner's names and tax account numbers for all property within 200 feet of the property lines of the proposed project or such other distance as specified by the Town Board.
(b)
If the incentive will result in a structural
height increase, the applicant shall submit an elevation drawing,
at a scale of 1/4 inch equals one foot, which shows the height permitted
by district regulations, the proposed, additional height, the distance
to other principal structures on-site and on adjacent properties and
their heights, as well as property line locations.
(c)
If the incentive will result in a setback or
open space reduction, the drawing shall show this reduction in relation
to the principal structures on-site and on adjacent properties, as
well as property line locations.
(2)
The second sketch plan should also meet the requirements of Chapter 217, Article III, § 217-11A, or Chapter 213, § 213-4, of the Comprehensive Development Regulations; show existing development, property owners' names and tax account numbers for all property within 200 feet of the property line of the project site or such other distance as specified by the Town Board; but shall only show how the site would be developed exclusive of any amenity or incentive.
(3)
The applicant shall also submit such additional information
and plans as may be required by the Planning Board which, in its judgment,
are necessary in order to perform a thorough evaluation of the proposal.
C.
The Planning Board will review the proposal and report
to the Town Board with its evaluation of the adequacy with which the
amenity(s)/incentive(s) fits the site and how it relates to adjacent
uses and structures. The Planning Board's review shall be limited
to the planning design and layout considerations involved with project
review or such other issues as may be specifically referred by the
Town Board. The Planning Board's report shall be submitted to the
Town Board within 70 days from the date of the Planning Board meeting
at which the proposal is first placed on the agenda. This time period
may be extended/suspended for good cause by the Town Board.
D.
The Town Board will review the Planning Board's report.
The Town Board will notify the applicant as to whether it is willing
to further consider the proposal and hold a public hearing thereon.
For Town Board public hearings on incentive zoning requests, the Town
Clerk shall give notice of the hearing in the official newspaper of
the Town at least five days prior to the date of the hearing.
E.
All applicable requirements of the State Environmental
Quality Review (SEQR) Act[1] shall be complied with as part of the review and hearing
process. In addition to other information that may be required as
part of an 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 in the district
as though it were developed to its fullest potential under the district
regulations in effect at the time of the amenity/incentive proposal;
and
[1]
Editor's Note: See § 8-0101 et seq.
of the Environmental Conservation Law.
F.
Following the hearing and in addition to compliance with all SEQR requirements, the Town Board shall, before taking action, refer the proposal for review and comment to other governmental agencies as may be required and may refer the proposal to the Planning Board and other Town boards and officials for review and comment. In order to approve an amenity/incentive proposal, the Town Board shall determine that the proposed amenity provides sufficient public benefit to provide the requested incentive. Thereafter, the Planning Board is authorized to act on an application for preliminary approval pursuant to Chapter 217, Article III, § 217-12A, or Chapter 213, § 213-4C, of the Comprehensive Development Regulations.
G.
Following preliminary plan approval and subject to meeting all conditions imposed on the preliminary plan, including all documentation required by the Town Attorney and Town Board on the amenity, the applicant may submit a final plan for review and approval as required in Chapter 217, Article III, § 217-13, or Chapter 213, § 213-4D, of the Comprehensive Development Regulations.
[Amended 8-13-2014 by L.L. No. 6-2014]
Under this article, if the Town Board determines
that a suitable community benefit or amenity is not immediately feasible,
or otherwise not practical, the Board may require, in lieu thereof,
a payment to the town of a sum to be determined by the Board. If cash
is accepted in lieu of other community benefit or amenity, provision
shall be made for such sum to be deposited in a trust fund to be used
by the Town Board exclusively for specific community benefits authorized
by the Town Board.
The purpose of this article is to offer an incentive
to applicants who provide the amenity of preservation of the existing
housing stock in Brighton, thereby assisting the Town to implement
specific physical, cultural and social policies in the Comprehensive
Plan as supplemented by the local laws and ordinances adopted by the
Town Board. The Town of Brighton highly values the character of its
residential neighborhoods, which is strongly influenced by the existing
housing stock in Brighton. The Town also recognizes that, as the existing
housing stock ages, floor plans of older homes might not accommodate
the needs and desires of current lifestyles. The intent of this article
is to encourage property owners to preserve existing houses by allowing
existing houses to be enlarged to greater floor area than new houses.
A.
The following zoning districts are designated as eligible
for zoning incentives:
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Residential - Large Lot District (RLL)
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Residential - Low Density District (RLA)
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Residential - Low Density District (RLB)
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Residential - Low Density District (RLC)
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Residential - Low Density District (RM)
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B.
Incentives may be offered to applicants who offer
an acceptable amenity to the Town in exchange for the incentive.
A.
The following amenity shall be only on the site of
the subject application: The amenity shall be the preservation of
an existing single-family detached building, provided that:
(1)
The certificate of occupancy for the construction
of the building, including construction following substantial demolition,
was issued, or the Commissioner of Public Works or designee otherwise
determines that the building was completed, more than five years prior
to the application for the incentive; and
B.
All properties that receive an amenity under this
article shall continue to be subject to all other requirements of
the Comprehensive Development Regulations.
In lieu of the maximum livable floor area requirements of §§ 205-2 and 205-4 of the Comprehensive Development Regulations, the maximum livable floor area of a single-family detached dwelling may be increased to a total not to exceed 2,316 square feet of livable floor area plus 64 square feet of livable floor area for each 1,000 square feet of lot area of the affected lot. The maximum livable floor area provided by the incentive allowed shall be derived from the following equation:
|
Maximum Livable Floor Area = 2,316 + (.064 x
Lot Size)
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A.
An application for the incentive in exchange for the
amenity shall be incorporated in a building permit application submitted
to the Building and Planning Department for the proposed project and
shall be in such form as required by the Building and Planning Department.
In order to evaluate the adequacy of the amenity to be accepted in
exchange for the requested incentive, the following information may
be required by the Building and Planning Department to be submitted
by the applicant in addition to all other building permit application
materials:
(1)
The livable floor area of the existing structure,
along with any information or certification necessary to verify the
accuracy of the figure provided.
(2)
The livable floor area of the entire proposed structure,
along with any information or certification necessary to verify the
accuracy of the figure provided.
(3)
The livable floor area of a proposed addition or additions,
along with any information or certification necessary to verify the
accuracy of the figure provided.
(4)
A calculation of the ground area covered by all roofed
parts of the existing structure, including cantilevers but excluding
roof eaves, as prepared by a qualified professional.
(5)
A calculation of the ground area covered by all roofed
parts of the existing structure, including cantilevers but excluding
roof eaves, that is proposed to be demolished, as prepared by a qualified
professional.
(6)
The applicant shall also submit such additional information
and plans as may be required by the Building and Planning Department
which, in its judgment, are necessary in order to perform a thorough
evaluation of the proposal.
B.
The Building and Planning Department will review the
proposed project for conformance with the provisions of this article
and all other applicable codes, regulations, and requirements and,
if such provisions are met, may issue the building permit upon payment
of any fee(s) required.
