Town of Wilson, NY
Niagara County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Wilson 12-9-1996 by L.L. No. 4-1996. Amendments noted where applicable.]
GENERAL REFERENCES
Zoning — See Ch. 127.
The purpose and intent of these provisions are to offer incentives to applicants who provide amenities that assist the Town to implement specific physical, cultural and social policies in the Master Plan as supplemented by the local laws and zoning ordinances adopted by the Town Board.
All zoning districts are designated as eligible for zoning incentives. 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 spaces 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).
(11) 
Benefits to Wilson Central School system programs.
B. 
These amenities shall be in addition to any mandated requirements pursuant to other provisions of the Zoning Ordinance of the Town of Wilson.[1]
[1]
Editor's Note: See Ch. 127, Zoning.
The following incentives may be granted by the Town Board to the applicant 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 open spaces.
G. 
Any other changes in the Zoning Ordinance of the Town of Wilson provisions.
A. 
Applications for incentives in exchange for amenities shall be submitted to 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 Master 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 may then submit two sketch plans to the Planning Board:
(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. The plan shall show existing development, property owner's names and tax account numbers for all property within 500 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 principle 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 principle structures on-site and on adjacent properties, as well as property line locations.
(2) 
The second sketch plan should also meet all Town ordinance requirements and show existing development, property owners names and tax account numbers for all property within 500 feet of the property line of 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) fit the site and how they relate to adjacent uses and structure. 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 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
(2) 
Then, serve the on-site amenity and incentive given the development scenario in Subsection E(1) above.
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 the Town Zoning Ordinance.[1]
[1]
Editor's Note: See Ch. 127, Zoning.
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.
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 prior to acceptance of funds. Cash payments shall be made prior to the issuance of a building permit. Cash payments in lieu of amenities are not to be used to pay general and ordinary Town expenses.
The provisions of § 261-b of the Town Law shall also be applicable to this chapter as if fully set forth herein, except, if there is a conflict between this chapter and § 261-b of the Town Law, the provisions of this chapter shall apply.