A. Purpose.
The purpose of these provisions is to offer incentives to applicants who provide amenities that assist the Town in achieving specific physical, cultural and social policies described in the Town of Parma Comprehensive Plan and as may be further supplemented by local laws and ordinances adopted by the Town Board.
B. Districts designated for incentives.
Land within any zone district may be eligible for zoning incentives. Incentives may be offered to applicants who offer an acceptable amenity to the Town in exchange for the incentive.
C. Amenities for which incentives may be offered.
(1) The following amenities may be either on or off the site of the subject application:
(a) Preservation, to the greatest extent possible, of viable agricultural land for farm operations.
(b) Passive and active open space and related improvements.
(c) Road and/or utility improvements.
(d) Cultural or historic facilities.
(e) Provision of senior citizen or "elderly" housing facilities, provided that such uses shall be located in areas which are zoned as RR Rural Residential, MD Medium Density Residential or HD High Density Residential.
(f) Other amenities to residents of the Town which help to implement specific physical, cultural and social policies in the Comprehensive Plan.
(g) Cash in lieu of any amenity(ies).
D. Incentives permitted.
The following incentives may be granted by the Town Board to the applicant on a specific site:
(1) Changes in residential/nonresidential unit density.
(2) Changes in lot coverage.
(3) Changes in setbacks or height.
(4) Changes in floor area.
(5) Other changes to specific regulations set forth in
Chapter 130: Subdivision of Land, and this chapter.
E. Criteria and procedure for approval.
(1) Applications for incentives in exchange for amenities shall be submitted to the Town Board. In order for the Town to evaluate the adequacy of amenities proposed in exchange for the incentive requested, the applicant shall provide the following information:
(a) The proposed amenity.
(b) The cash value of the proposed amenity.
(c) A narrative which:
[1] Describes the benefits to be provided to the community by the proposed amenity.
[2] Indicates that there are adequate sewage disposal, drainage, water, transportation, trash disposal and fire protection facilities in the zoning district in which the proposal is located to accommodate the demands generated by the incentive and amenity which are beyond the demands that would be placed on the existing facilities if the district were developed to its fullest potential.
[3] Explains how the amenity helps implement the physical, social or cultural policies of the Town of Parma Comprehensive Plan and as may be supplemented by local laws and ordinances adopted by the Town Board.
(d) The requested incentive.
(2) The Town Board shall review the proposal and inform the applicant as to 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 in accord with the following procedures and requirements:
(a) The first sketch plan.
[1] 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 130: Subdivision of Land, and this chapter, the sketch plan shall also show existing development, property owners' names and tax account numbers for all properties within 500 feet of the property lines of the proposed project or such other distance as specified by the Town Board.
[2] If the incentive will result in an increase in the height of a structure, 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 the locations of all property lines.
[3] If the incentive will result in a reduction of the setback requirement, the drawing shall show this reduction in relation to the principal structures on-site and on adjacent properties, as well as the locations of all property lines.
[4] If the incentive will result in a change to the floor area requirements, the drawing shall note the change in relation to each site.
(b) The second sketch plan shall show existing development, the names of property owners and tax account numbers for all properties within 500 feet of the property line of the project site or such other distances as specified by the Town Board. This sketch plan shall show how the site would be developed exclusive of any amenity or incentive.
(c) 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.
(3) The Planning Board shall review the proposal and report to the Town Board with its evaluation of the adequacy with which the amenity(ies)/incentive(s) fit the site and how they relate 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 requested 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.
(4) The Town Board shall review the Planning Board's report and notify the applicant as to whether it is willing to further consider the proposal. All requests submitted subject to the incentive provisions of this chapter shall require a public hearing by the Town Board. The Town Clerk shall give notice of all public hearings on incentive zoning requests in the official newspaper of the Town at least five days prior to the date of the hearing.
(5) 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 sufficient sewage disposal, water, transportation, waste disposal and fire protection facilities to:
(a) 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
(b) Serve the on-site amenity and incentive, given the development scenario in Subsection E(5)(a) above.
(6) 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 130: Subdivision of Land, and this chapter.
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7) Following preliminary plan approval and subject to meeting all conditions established in conjunction with the approval of 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.
(8) Upon final plan approval, the Town Clerk shall affix a reference to the Official Zoning Map that this site was developed under the Town's incentive zoning provisions and include a reference to the date such action was taken.
F. Cash payment in lieu of amenity.
If the Town Board finds that an on-site amenity is not suitable 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 specific amenities to be described prior to the 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.
