Ballston Town City Zoning Code
ARTICLE XXXIV
Agricultural and Open Space Protection Purchase of Development Rights and Green Energy Incentives
§ 138-165 Purpose and legislative intent.
A.
This article establishes an incentive program in the Town of Ballston pursuant to Article 16, § 261-b (Incentive Zoning) designed to promote the protection of important agricultural and open spaces in the Town and to promote green energy initiatives. This article provides for a system of incentives to advance Ballston's environmental, agricultural, and town character policies in accordance with the Town's Comprehensive Plan. It gives landowners in certain districts of the Town the opportunity to receive residential density or commercial building square footage bonuses as an incentive to provide certain desired amenities in Ballston by participating in the Town's Agricultural and Open Space Protection Purchase of Development Rights Program (PDR) or Green Energy Incentive Program as described herein. There are two types of incentives established in this section: density bonuses for residential dwelling units and square footage bonuses for commercial buildings.
B.
This article is adopted in furtherance of the purposes set forth in § 261-b of the New York State Town Law, to implement the goals and vision of the Town of Ballston Comprehensive Plan, and also in furtherance of the following specific purposes:
(1)
To protect, preserve and enhance farmland and open space in the Town of Ballston, to encourage the conservation of farmland and significant open spaces and ensure the long-term viability of agriculture as per the Town of Ballston Comprehensive Plan, and to promote the vision and goals of the Town of Ballston Agricultural and Farmland Protection Plan;
(a)
The Town of Ballston Comprehensive Plan establishes the following vision which articulates the importance of agriculture: "The Town of Ballston aspires to preserve its working agricultural landscapes, natural resources, and high quality of life as it continues to accommodate residential and commercial growth in targeted areas of the community. The Town seeks to maintain the small town and rural character that are the roots of the Ballston community, while continuing to manage growth and embrace new approaches to clean energy, land conservation and community connections leading to a bright future for multiple generations."
(2)
To foster development in areas the Town has deemed suitable for denser or more intense development and in areas already served by public services and infrastructure;
(3)
To preserve the existing rural, historic, and agricultural character of Ballston by directing higher density residential and commercial development to appropriate locations;
(4)
To protect the natural, scenic, and ecosystem resources associated with the Town's agricultural lands and open spaces;
(5)
To promote clean energy alternatives, green energy methods and design, and to enhance Ballston's long-term sustainability and resiliency.
§ 138-166 Applicability.
A.
Residential density bonuses or square footage bonuses, as the case may be, shall be applied pursuant to this article only when acquired through participation in the Agricultural and Open Space Protection Purchase of Development Rights Program (PDR) or Green Energy Incentive Program, and shall only be applied in the Mixed Use Route 50/67, Burnt Hills Commercial, Mixed Use Ballston Lake, Business, and Ballston Lake Residential districts.
B.
Incentives shall be granted only when the community benefits or amenities offered would not otherwise be required or likely to result from the applicable planning process before the Planning Board.
§ 138-167 Procedures and fees.
A.
The Town has determined that suitable community benefits are best provided through a fee payment to be used solely for the purchase of properties or of development rights to protect agricultural and open space lands or through provision of green energy initiatives to increase climate resiliency. Applicants desiring to use density or square footage bonuses shall pay all fees associated with the Agricultural and Open Space Protection Purchase of Development Rights (PDR) Program as established by the Town in their fee schedule prior to any preliminary subdivision, site plan or special use permit approval by the Planning Board.
B.
All PDR fees paid shall be deposited in a trust fund to be established and used by the Town Board exclusively for the specific community benefits authorized by the Town Board in their Agricultural and Open Space Protection Purchase of Development Rights (PDR) Program and Green Energy Incentive Program.
C.
Applicants seeking to use incentives as per this Article XXXIV shall first seek input about such applicability from the Planning Board in a sketch phase meeting. The intent of the sketch phase meeting is to share information between the applicant and the Planning Board, discuss applicability of use of bonuses, and to review consistency of the proposal with the Town's Generic Environmental Impact Statement (GEIS January 2022) prepared pursuant to Town Law § 261-b and 6 NYCRR Part 617.
D.
Upon payment of all fees, the Town of Ballston shall prepare a signed letter indicating such payment as proof of participation in the program. Such letter shall be conveyed by the applicant to the Planning Board as part of any subdivision, site plan or special use permit application. No application that proposes use of any incentive pursuant to this article shall be approved until such proof is supplied.
E.
All subdivision plats and site plans associated with a project where density bonuses or square footage increases are proposed to be applied shall:
(1)
Clearly indicate the location and number of residential units that are bonus units. A plat or plan note shall also be added providing narrative indicating the number of eligible density bonuses to be used as a result of participation in the Agricultural and Open Space Protection Purchase of Development Rights (PDR) Program. The narrative shall further describe the method and adequacy of sewer, water, transportation, waste disposal and emergency service protection facilities in the zoning district in which the proposal is located and provide a description of what additional demands that use of the incentive may place on these facilities beyond the demand that would be placed on them as if the district were developed without the density bonus.
(2)
Clearly indicate the location and size of the buildings where square footage increases will be applied. A plat or plan note shall be added providing narrative indicating the added square footage to be used as a result of participation in the Agricultural and Open Space Protection Purchase of Development Rights (PDR) Program and Green Energy Incentive Program. The narrative shall describe the method and adequacy of sewer, water, transportation, waste disposal and emergency service protection facilities in the zoning district in which the proposal is located and provide a description of what additional demands that use of the incentive may place on these facilities beyond the demand that would be placed on them as if the district were developed without the square footage bonus.
F.
The Planning Board shall review the proposal pursuant to the criteria of this local law and as described below in Subsection G, against any criteria established in the Generic Environmental Impact Statement (GEIS January 2022). The Planning Board may engage an attorney, engineer, planning or other consultant to assist in review of the application, the cost of which will be borne by the applicant to cover costs related to review of use of any density bonus.
G.
As part of its review, the Planning Board shall ensure that:
(1)
The proposed density adjustments would not have a significant adverse impact on the property, or to adjoining property, or to the neighborhood in which the property is situated;
(2)
The proposed project, including the incentive, can be adequately supported by the public facilities available or provided as a result of the project, including but not limited to sewer, water, transportation, waste disposal and fire protection;
(3)
The project is in harmony with the purpose and intent of this chapter; and
(4)
That the use of an incentive for the particular project is consistent with the adopted Comprehensive Plan.
H.
Compliance with SEQRA. All applicable requirements of the State Environmental Quality Review Act shall be complied with as part of the review and hearing process. The applicant shall submit an Environmental Assessment Form, Part 1, as part of their application. Pursuant to Town Law 261-b, the Town of Ballston has prepared a Generic Environmental Impact Statement (GEIS January 2022) to evaluate the effect of use of incentives on the environment including on transportation, water and waste disposal and fire protection, and the effect of bonuses on the potential development of affordable housing.
(1)
No application of any density bonus shall exceed any of the thresholds established in the January 2022 GEIS unless a supplemental GEIS is prepared and accepted. The January 2022 GEIS shall be supplemented if there are material changes in circumstances that may result in significant adverse impacts as a result of use of incentives or if any of the stated thresholds are proposed to be exceeded. Costs for preparation of the supplemental GEIS shall be borne solely by the applicant.
(2)
When a supplemental GEIS is required as a result of a proposed development, the project sponsor shall pay the cost of preparing such supplemental environmental impact statement, and that such charge shall be added to any site-specific charge made pursuant to the provisions of § 8-0109 of the Environmental Conservation Law. The Town Board may from time to time also determine that circumstances in the Town have changed and may prepare a supplemental GEIS to analyze and evaluate those circumstances and establish updated thresholds.
I.
The Planning Board may impose terms and conditions attached to any approval where incentives are proposed to be used in order to minimize adverse impacts to the community.
§ 138-168 Bonuses.
Types of bonuses.
A.
Agricultural and open space protection purchase of development rights (PDR) program.
(1)
One residential bonus unit shall be allowed as-of-right as per Table 1 (Incentive Schedule, below) for each incentive fee paid.
(2)
No density bonus shall be offered unless water and sewer infrastructure are provided for to support development in that parcel.
(3)
In the Hamlet Residential District, up to 75% of the total density bonus units the parcel is eligible for shall be as-of-right. In all other districts where density bonuses are allowed, up to 50% of the total density bonus units the parcel is eligible for shall be as-of-right. For calculation purposes, one residential density bonus equates to one residential dwelling unit. Density bonuses may be used for single-family, two-family or townhouse units. See Reader's Aid box below for example.
(4)
Additional density bonuses.
(a)
Beyond the as-of-right use of bonuses described in § 138-168A(1) above, additional density bonuses may be allowed only at the discretion of the Planning Board for up to 100% of the total density bonus units the parcel is eligible for, provided the incentive fees are paid for. The total number of density bonus units a parcel is eligible for is calculated from the density incentives shown in Table 1, below.
(b)
In determining whether any additional density bonuses should be awarded, the Planning Board shall evaluate all criteria of § 138-167H of this article prior to approval of any such additional density bonus. In so doing, the Planning Board shall compare site-specific information to the Town of Ballston GEIS (January 2022) and shall determine if there are any adverse impacts related to use of such additional density, or if any of the GEIS thresholds have been exceeded.
(c)
The Planning Board may allocate these additional density bonuses up to the maximum allowed as per Table 1 (Incentive Schedule, below) at their sole discretion based upon their review and environmental analysis.
(d)
The following procedure shall be used by the Planning Board in determining approval of additional density bonuses:
[1]
Applicants may seek nonbinding input from the Planning Board as to whether the proposal is worthy of consideration for an additional discretionary incentive prior to the preliminary plat, special use, or site plan application.
[2]
The applicant shall supply the Planning Board with a narrative outlining the requested incentive, the estimated fees associated with such bonuses, a site plan and narrative describing the method and adequacy of sewer, water, transportation, waste disposal and emergency service protection facilities in the zoning districts in which the proposal is located and a description on what 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 without the discretionary density bonus units.
[3]
The Planning Board may engage an attorney, engineer, planning or other consultant to assist in review of the application, the cost of which will be borne by the applicant. If an escrow account has already been established for a particular application, such account may also be used to cover costs related to review of a density bonus request provided that additional funds shall be deposited in such account to cover costs related to the review of the bonus request above and beyond those needed for other site plan, special use, or subdivision reviews.
[4]
All applicable requirements of SEQR shall be complied with as part of the review process.
[5]
The Planning Board shall hold a public hearing, noticed in the official newspaper of the Town of Ballston. Within 45 days of the close of the public hearing and completion of the SEQRA process, the Planning Board may approve, approve with modifications or conditions, or deny the requested density bonus application. A written statement of the findings shall be prepared by the Planning Board documenting the basis of its decision. The findings will include, but not be limited, to the following:
[a]
That the proposed density adjustments would not have a significant adverse impact on the property, or to adjoining property, or to the neighborhood in which the property is situated.
[b]
SEQRA. That all requirements of SEQRA have been met.
[c]
That the proposed project, including the incentive, can be adequately supported by the public facilities available or provided as a result of the project, including but not limited to sewer, water, transportation, waste disposal and fire protection.
[d]
That the project is in harmony with the purpose and intent of this chapter, and that the project is sufficiently advantageous to render it appropriate for grant of additional incentives and that the project will add to the long-term assets of the Town of Ballston.
[e]
That the use of additional density bonuses for the particular project is consistent with the Comprehensive Plan.
B.
Consistency in dwelling units. Dwelling units constructed using density bonuses shall be compatible with the design or use of all other units in terms of appearance, materials, and finish quality.
C.
In addition to participation in the PDR program to gain residential density bonuses, applicants may also participate in the Town's Green Energy Incentive Program. A reduction in PDR fees as per Table 2 for residential participants has been established as a further incentive to residential developers to provide green energy initiatives within a residential development.
Table 1. Incentive Schedule for Commercial and Residential PDR Participants | ||||
|---|---|---|---|---|
Type of Bonus | District Where Bonuses Can be Applied | Density Allowed Without Bonus (base density) | Density Bonus Allowed | Commercial and Residential Minimum Lot Sizes or Maximum Building Square Footage with Bonus Applied (Note that 1 residential unit allowed as bonus unit per 1 PDR fee) |
Residential unit | Ballston Lake Residential | One single-family dwelling unit per 2 acres regardless of whether water and sewer services provided; conservation subdivision required, and traditional neighborhood design optional, for major subdivision | 100% of base density allowed: a) As-of-right bonus = base density plus up to 50% of base density (See Reader's Aid box for example) b) Planning Board approved bonuses = base density plus up to 50% of base density | With water and sewer provided, the minimum lot size for all units shall be one dwelling unit per 1/3 acre with conservation subdivision required, and traditional neighborhood design optional, for major subdivision |
Residential Unit | Hamlet | 1-acre minimum lot size without water and sewer; 1/2-acre minimum lot size with water and sewer | 100% of base density allowed: a) As-of-right bonus = base density plus up to 75% of base density (See Reader's Aid box for example) b)Planning Board approved bonuses = base density plus up to 25% of base density | With water and sewer provided, the minimum lot size shall be 10,000 square feet |
Commercial square footage | Mixed Use Route 50/67 | 10,000 square foot maximum building footprint | Up to 30,000 additional square foot of building footprint | 40,000 square foot maximum building footprint |
Commercial square footage | Mixed Use Ballston Lake | 2,000 square foot maximum building footprint | Up to 3,000 additional square foot of building footprint | 5,000 square foot maximum building footprint |
Commercial square footage | Business | 5,000 square foot maximum building footprint | Up to 10,000 additional square foot of building footprint | 15,000 square foot maximum building footprint |
Reader's Aid Box. Example of Density Bonus Calculation. | |
An 80-acre parcel located in the Ballston Lake Residential District has no environmental sensitivities and so all 80 acres are available for development. | |
• | The density allowed in this district is 1 dwelling unit per 2 acres. |
• | This parcel's base density is 40 dwelling units. |
• | The maximum density bonus with PDR fees paid (as-of-right) is 50% of 40 base dwelling units, or 20 bonus dwelling units. The total number of dwelling units allowed, with PDR fees paid, as-of-right would be 60 (40 plus 20). |
• | The maximum number of dwelling units allowed, with PDR fees paid and with Planning Board Approval is 40 base units plus 40 bonus units (100% of base density), or 80 dwelling units. |
Note that conservation subdivision design would be required, but this does not impact the density allowed. However, use of density bonus units with water and sewer provided would allow those units to be placed on smaller lots (a minimum of 1/3 acre). The conservation subdivision design controls how the units are organized on a parcel, not the number of units. Practically, the number of units may be limited based on site and environmental conditions and available infrastructure. | |
D.
Green energy incentive program. This program is established to incentivize application of energy efficient practices in the Town of Ballston.
(1)
Residential density bonuses. For residential uses, participation in the Town of Ballston Green Energy Incentive Program allows participants to receive a discount on the PDR fee paid for residential density bonuses. PDR fees as established by the Town Board shall be reduced as per Table 2, below, for residential development participation in the Town of Ballston Green Energy Incentive Program.
(2)
Square footage bonuses. For commercial uses, the maximum building footprint of a nonresidential structure may be increased only through participation in the PDR program by paying PDR fees as established by the Town Board, and by providing for energyx efficient practices in the development as per Table 2, below.
(a)
The square footage of a commercial building may be increased only up to the maximum size allowed as per Table 1 (Incentive Schedule, above). Square footage increases shall be applied as-of-right according to Table 2, below, provided all fees and other requirements of this article are met.
(b)
Commercial building square footage incentives shall be awarded based upon points earned for providing various green energy initiatives as follows in Table 2. Specific green energy initiatives and related point value shall be those as established and periodically updated, as a Green Energy Incentive Methods and Points Schedule by the Town Board. Maximum square footage incentives as established in Table 1 (above) can be earned by providing at least 12 points, as per Table 2, below.
Table 2. Commercial Structure Square Footage Bonuses and PDR Fee Reduction Schedule | ||
|---|---|---|
Points Earned for Providing Green Energy Initiatives | Percent of Square Footage Increase Allowed for Commercial Uses When Green Energy Incentives Are Incorporated | PDR Fee Reduction Earned for Residential Developments When Green Energy Incentives Are Incorporated |
3 points | Up to 25% of square footage bonus allowed (from Table 1) | 10% reduction of fee |
6 points | Up to 50% of square footage bonus allowed (from Table 1) | 20% reduction of fee |
9 points | Up to 75% of square footage bonus allowed (from Table 1) | 40% reduction of fee |
12 points or more | Up to 100% of square footage bonus allowed (from Table 1) | 50% reduction of fee |