Town of Penfield, NY
Monroe County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Penfield 3-19-2003 by L.L. No. 2-2003. Amendments noted where applicable.]
GENERAL REFERENCES
Zoning and land use — See Ch. 250.

§ 255-1 Title.

This chapter shall hereinafter be known and cited as the "Incentive Zoning Law of the Town of Penfield."

§ 255-2 Purpose.

It is the purpose of this chapter to empower the Town Board to grant incentives or bonuses to advance the Town's specific physical, cultural and social policies in accordance with the Town of Penfield's Comprehensive Plan and in coordination with other community planning mechanisms or land use techniques.

§ 255-3 Legislative authority.

In accordance with Town Law § 261-b, the Town Board of the Town of Penfield is empowered to provide for a system of zoning incentives, or bonuses, as the Town Board deems necessary and appropriate consistent with the purposes and conditions set forth in § 261-b.

§ 255-4 Jurisdiction.

This chapter shall apply to the entire area of the Town of Penfield.

§ 255-5 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:
COMMUNITY BENEFITS OR AMENITIES
Open space, housing for persons of low or moderate income, parks, housing for seniors, elder care, day care or other specific physical or social or cultural amenities, or cash in lieu thereof, of benefit to the residents of the community authorized by the Town Board.
INCENTIVES or BONUSES
Adjustments to the permissible population density, area, height, open space, use, or other provisions of a zoning ordinance or local law for a specific purpose authorized by the Town Board.
INCENTIVE ZONING
The system by which specific incentives or bonuses are granted, pursuant to Town Law § 261-b, on condition that specific physical, social, or cultural benefits or amenities would inure to the community.

§ 255-6 Amenities for which incentives may be offered.

A. 
The following amenities may be either on or off the site of the subject application:
(1) 
Preservation of open space.
(2) 
Regional parks.
(3) 
Utilities and appurtenances, including land devoted to regionalized drainage facilities.
(4) 
Road and highway improvements in excess of those required to mitigate proposed impacts.
(5) 
Preservation of cultural or historic facilities.
(6) 
Other facilities or benefits to the residents of the community, as determined by the Town Board.
(7) 
Any combination of above-listed amenities and/or cash in lieu of any amenity(s) for specific purposes identified.
B. 
These amenities shall be in addition to any mandated requirements pursuant to other provisions of Chapter 250, Zoning and Land Use, of the Town of Penfield and development regulations and specifications of the Town of Penfield.

§ 255-7 Incentives permitted.

The following incentives may be granted by the Town Board to an application on a specific site:
A. 
Increases in residential/nonresidential unit density.
B. 
Changes of use.
C. 
Increases in lot coverage.
D. 
Changes in setbacks or height.
E. 
Increases in floor area.
F. 
Reduction of required buffer area.
G. 
Any other changes in Chapter 250, Zoning and Land Use, of the Town of Penfield and development regulations and specifications of the Town of Penfield.

§ 255-8 Criteria and procedure for approval.

A. 
Applications for incentives in exchange for amenities shall be submitted to the Planning Board for review and to the Town Board concurrently, after discussions with Town staff for appropriate input. Both submissions shall follow the adopted procedures and shall include the following information:
(1) 
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.
[Amended 12-16-2015 by L.L. No. 3-2015]
(4) 
The requested incentive.
(5) 
Sets of maps containing both the requested incentive layout and a layout conforming to current requirements.
(6) 
A completed Environmental Assessment Form, Part I.
B. 
The Planning Board shall review the submission in a scheduled work session or meeting. Following said meeting, the Planning Board shall prepare comments pertaining to the submission and forward them to the applicant and the Town Board.
C. 
The Town Board shall determine, based upon input from the Planning Board and other information/input it deems necessary, if the application warrants further consideration under this chapter. Said determination shall be disclosed in a findings report or similar document, a copy of which shall be made available to the applicant and the Planning Board. If further consideration is appropriate, the applicant shall be directed to prepare an application for subdivision and/or site plan, pursuant to Chapter 250, Zoning and Land Use, Articles XII and Article XIII, of the Penfield Town Code. Once the application has been determined to be complete, a public hearing will be scheduled before the Town Board. The Town Clerk shall give notice of the hearing in the official newspaper of the Town at least 10 days prior to the date of the hearing.
D. 
The applications shall be referred to other agencies for input as appropriate, including but not limited to the Monroe County Department of Planning and Development, the Town's consulting engineer, Conservation Board and applicable county, state or federal agencies.
E. 
All applicable requirements of the State Environmental Quality Review (SEQR) Act 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:
[Amended 12-16-2015 by L.L. No. 3-2015]
(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
(2) 
Then, serve the on-site amenity and incentive, given the development scenario in Subsection E(1) above.
F. 
In order to approve an amenity/incentive proposal, the Town Board shall determine that the requirements of SEQR have been met and the proposed amenity provides sufficient public benefit to provide the requested incentive. Thereafter, the Town Board is authorized to act on an application for approval pursuant to Chapter 250, Zoning, Article XXII and Article XXIII and this local law.
[Amended 12-16-2015 by L.L. No. 3-2015]

§ 255-9 Cash payment in lieu of amenity.

If the Town Board finds that a community benefit is not suitable on site or cannot be reasonably provided, the Town Board may require a cash payment in lieu of the provision of the amenity. These funds shall be placed in a trust fund to be used by the Town Board exclusively for amenities specified in these provisions. Cash payments shall be made prior to the issuance of a building permit.