[Added 3-25-2009 by L.L. No. 2-2009]
A.
Purpose. The Board of Trustees is authorized to exercise all powers
set forth in Village Law § 7-703 in order to advance the
Village's specific physical, cultural and social policies in accordance
with the Village's comprehensive plan and in coordination with other
community planning mechanisms or land use techniques.
B.
COMMUNITY BENEFITS OR AMENITIES
INCENTIVE BONUSES
INCENTIVE ZONING
Definitions. As used in this article, the following terms shall have
the meanings indicated:
Open space, parks, amenities, or other specific physical,
social or cultural amenities, or cash in lieu thereof, as determined
by the Board of Trustees which provide a benefit to the residents
of the Village.
Adjustments to the use or dimensional regulations in this
chapter to the extent required to permit an applicant to develop its
property with a single-family dwelling.
The system by which specific incentives or bonuses are granted
to an applicant pursuant to this article on condition that specific
physical, social, or cultural benefits or amenities would inure to
the benefit of the Village.
C.
Applicability. This system of incentive zoning shall be applicable
to properties within the Village that are vacant as of the effective
date of this article.
D.
Environmental review. Pursuant to Village Law § 7-703(3)(c),
an applicant for incentive bonuses shall pay a proportionate share
of the Village's cost for the environmental review necessary for the
enactment of this article. Such charge shall be added to any site-specific
charge made pursuant to the provisions of Environmental Conservation
Law § 8-0109.
E.
Power of the Board of Trustees to grant incentive bonuses. The Board
of Trustees, in its sole discretion, may provide incentive bonuses
in exchange for the applicant providing community benefits or amenities.
F.
Procedure for obtaining incentive bonuses.
(1)
Application. Applications for incentive bonuses shall be completed
by each applicant and filed with the Village Clerk along with the
payment of any applicable fees. To evaluate the adequacy of the proposed
community benefits or amenities to be accepted in exchange for the
requested incentive bonuses, the applicant shall provide with its
application for incentive bonuses the following information:
(a)
A description of the proposed community benefits or amenities;
(b)
The economic value of the proposed community benefits or amenities
to the Village compared with the economic value of the proposed incentive
bonuses requested by the applicant;
(c)
A demonstration that there are adequate sewer, water, transportation,
waste disposal and fire protection facilities serving or proximate
to the proposed development to handle the additional demands that
may be placed on such facilities beyond the demand that would otherwise
occur with development without such incentive bonuses; and
(d)
An explanation of how the community benefits or amenities will
implement land use, planning, physical, social or cultural policies
of the Village's Comprehensive Plan and this chapter.
(e)
Any additional information requested by the Board of Trustees.
(2)
Public hearing. Authorization for incentive bonuses shall be subject
to approval by the Board of Trustees after a public hearing.
(3)
Public notice. The Board of Trustees shall hold a public hearing
to review all applications submitted pursuant to this article. Public
notice shall be given by publication in the official Village newspaper
of such hearing at least 10 days prior to the date thereof. The applicant
shall send, by certified mail, no less than 10 days nor more than
20 days before the date set for a hearing, a notice addressed to all
owners of lands within a four-hundred-foot radius of the property
as they appear on the latest completed Nassau County assessment roll.
Such notice shall also be sent to any municipality within 500 feet
of the property.
(4)
Decision. Upon completion of the public hearing to consider the application
for development incentive bonuses, the Board of Trustees shall grant
or deny the application.
(5)
Findings. No application for incentive bonuses shall be granted,
in whole or in part, except upon the Board of Trustees' findings that
the approval will:
(a)
Be in the best interests of the Village and its residents.
(b)
Be compatible with the surrounding uses of properties.
(c)
Cause no significant adverse environmental impacts.
(d)
Cause no loss of potential affordable housing.
(e)
Provide the Village with community benefits or amenities that
have an economic value appropriate for the requested incentive bonuses.
(6)
Imposition of terms and conditions.
(a)
In the event that the Board of Trustees grants such application,
it may, in its sole discretion, impose such terms and conditions as
it deems necessary to mitigate any adverse environmental impacts or
advance the Village's physical, cultural, social, land use or planning
policies in accordance with the Village's Comprehensive Plan.
(b)
If the Board of Trustees determines that a suitable community
benefit or amenity is not immediately feasible, or otherwise not practical,
the Board of Trustees may require, in lieu thereof, a payment to the
Village of a sum to be determined by the Board of Trustees. If cash
in accepted in lieu of other community benefits or amenities, provisions
shall be made for such sum to be deposited in a trust fund to be used
by the Board of Trustees for specific Village projects.
G.
Discretion to grant application. Nothing contained herein shall be
construed to confer any right or presumption of right to an incentive
bonus permit to any applicant. An incentive bonus application shall
not be considered a special use permit, nor a conditional use permit,
for the purposes of determining the standards to be applied in judicial
review of any determination to deny or grant such application, and
shall instead be solely within the discretion of the Board of Trustees.
