[HISTORY: Adopted by the Town Board of the Town of Ogden 9-23-2009 by L.L. No. 4-2009 (Ch. 211 of the 1995 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Zoning — See Ch. 300.
This chapter shall hereinafter be known and cited as the "Incentive
Zoning Law of Ogden."
The Town Board has determined that it is appropriate to make
adjustments to permissible density and area requirements for the specific
purpose of preserving farmland and open space at a minimum cost to
the residents and taxpayers. It is the intent of this chapter to empower
the Town Board to grant incentives or bonuses to advance the vision
and policies articulated in the Town of Ogden's Comprehensive
Plan, Open Space Plan, and the following objectives:
A.
The preservation and enhancement of natural and cultural features.
B.
The accommodation of land uses and physical site arrangements which
are not contemplated under conventional zoning but which would further
the land use conservation and development goals of the Town.
C.
The creation of usable open space and recreation lands and trails.
D.
The preservation of farmland, scenic viewsheds, water resources,
forests, meadows, geologic features, environmentally sensitive areas,
significant plant and animal habitats, and important ecological resources.
E.
The provision of a more desirable environment than what would be
possible through the strict application of existing zoning regulations.
F.
The promotion of the general health, safety and welfare of the Town.
In accordance with § 261-b of the Town Law of the State of New York, the Town Board of the Town of Ogden is empowered to provide for a system of zoning incentives or bonuses in exchange for specific social, economic, or cultural benefits or amenities as the Town Board deems necessary and appropriate and which are consistent with the intent and purpose set forth in § 305-2.
This chapter shall apply to the entire Town of Ogden.
For the purpose of this chapter, the terms used are defined
as follows:
Open space which has physical, economic, social or cultural
benefit to the residents of the community.
The system by which specific incentives or bonuses are granted,
pursuant to § 261-b of New York State Town Law, on condition
that specific social, economic, or cultural benefits or amenities
are provided to the community.
Adjustments to the permissible density, area, height, use or other requirements of the Zoning Code for the Town of Ogden and any amendments thereto in exchange for a specific community benefit or amenity that provides for the significant preservation of open space in a manner not otherwise allowed by Chapter 300, Zoning, of the Code of the Town of Ogden; these adjustments may incorporate two or more noncontiguous parcels of land.
A.
The following benefits or amenities may be either on or off the site
of the subject application:
(1)
Preservation of farmland or open space.
(2)
Regional parks.
(3)
Utilities and appurtenances in excess of those required to mitigate
proposed development impacts.
(4)
Preservation of cultural or historic facilities in excess of those
required to mitigate proposed development impacts.
(5)
Other facilities or benefits to the residents of the community which
are consistent with the purpose and intent of this chapter, as determined
by the Town Board.
(6)
Any combination of above-listed amenities and/or cash in lieu of
any amenity(s) for specific purposes identified.
The following incentives may be granted by the Town Board to
an application on a specific site:
A.
A preapplication conference shall be held prior to the submission
of an application for incentive zoning. The purpose of a preapplication
conference is to inform the applicant of applicable procedures, submission
requirements, development standards and other pertinent matters before
the applicant finalizes the incentive zoning proposal.
(1)
The preapplication conference will be coordinated through the Building
Department.
(2)
The applicant requesting consideration for incentive zoning is required
to attend the preapplication conference.
(3)
Opinions presented during a preapplication conference are advisory
in nature and do not represent a commitment on behalf of the Town
Board or represented agency regarding the acceptability of the incentive
zoning proposal.
B.
An application for incentive zoning will consist of a letter of intent
accompanied by the following information:
(1)
One concept plan showing the site developed to its fullest extent under the zoning regulations in Chapter 300 of the Town Code, and one concept plan showing the site developed in a manner that incorporates the desired incentive and amenity to be provided. These plans shall show the following information:
(a)
Location and extent of all proposed land uses, including development
areas and open spaces, with areas shown in acres.
(b)
All interior streets, roads, access easements and their planned
private or public ownership, as well as all points of access and egress
from existing public rights-of-way.
(c)
An area map showing adjacent parcels; that portion of the applicant's
property under consideration; all properties, zoning districts, subdivisions,
streets, access, easements, watercourses, drainage facilities, buildings,
structures and other significant natural and built features within
300 feet of the applicant's property, and all uses of abutting
lands.
(2)
A written description of the proposed amenity.
(3)
The cash value of the proposed amenity.
(4)
A narrative which:
(a)
Describes the benefits to be provided to the community by the
proposed amenity.
(b)
Provides a 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 may place on these facilities beyond the demand on them as if the site were developed to its fullest extent under the zoning regulations in Chapter 300 of the Town Code.
(c)
Explains how the amenity helps implement the vision and policies
of the Comprehensive Plan, Open Space Plan, and land use goals of
the Town as supplemented by the laws and ordinances adopted by the
Town Board.
(d)
Description of the requested incentive.
(e)
Completed long environmental assessment form, Part I.
(5)
Fifteen sets of the application shall be provided to the Town for
distribution and review. The Town Board, upon receipt of an application,
and as part of its review, shall refer the application to the Planning
Board and to the Conservation Board for their review and recommendations.
C.
The Planning Board shall forward a written recommendation to the
Town Board indicating whether or not it supports the approval of the
incentive and amenity. This recommendation shall consider the following:
(1)
The suitability of the site(s) for the type of open space preservation
proposed, the physical characteristics of the land and the relation
of the proposed development to surrounding existing and probable future
development.
(2)
The adequacy of major roads, utilities and other facilities and services
to serve the development.
(3)
That the proposal is conceptually sound, is consistent with the Town
Comprehensive Plan, and meets local and areawide needs.
D.
The Conservation Board shall forward a written recommendation that
addresses all pertinent environmental issues.
E.
The application shall be referred to the Monroe County Planning Department
for its review. The Town may also refer the application to the Town
Engineer, as well as other local and county officials, representatives
of federal and state agencies and consultants as deemed appropriate.
These agencies may include, but are not limited to, the Ogden Farmland
Protection Board, the Monroe County Department of Transportation,
the New York State Department of Transportation, and the New York
State Department of Environmental Conservation.
F.
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.
G.
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 the 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 on the site as though it were
developed to its fullest potential under the zoning regulations in
effect at the time of the amenity/incentive proposal; and
H.
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. In order to make this determination, the Town
Board may require the completion of an environmental impact statement.
Thereafter, the Town Board is authorized to act on an application
for approval pursuant to this chapter.
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 or bonus. These
funds shall be placed in a trust fund to be used by the Town Board
exclusively for amenities specified in these provisions. Payments
shall be made by the applicant prior to the issuance of any permit,
stripping of any ground cover, site grading, or any other site improvements
or construction activities.
