Brighton City Zoning Code
CHAPTER 209
Incentive Zoning
§ 209-1 Purpose and intent.
The purpose and intent of this article is to offer incentives to applicants who provide amenities that assist the Town to implement specific physical, cultural and social policies in the Comprehensive Plan as supplemented by the local laws and ordinances adopted by the Town Board.
§ 209-2 Districts designated for incentives.
All zoning districts are designated as eligible for zoning incentives under this article. Incentives may be offered to applicants who offer an acceptable amenity to the Town in exchange for the incentive.
§ 209-3 Amenities for which incentives may be offered under this article.
A.
The following amenities may be either on or off the site of the subject application:
(1)
Affordable housing.
(2)
Passive and active open space 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).
B.
These amenities shall be in addition to any mandated requirements pursuant to other provisions of the Comprehensive Development Regulations.
§ 209-4 Incentives permitted under this article.
The following incentives may be granted by the Town Board to the applicant on a specific site:
§ 209-5 Criteria and procedure for approval.
A.
Applications for incentives in exchange for amenities under this article shall be submitted to the Town Board, together with proof of payment of the application fee. The amount of such fee shall be set from time to time by resolution of 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 Comprehensive 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 shall then submit two sketch plans to the Planning Board:
[Amended 8-13-2014 by L.L. No. 6-2014]
(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, and the incentive. In addition to meeting the requirements of Chapter 217, Article III, § 217-11A, or Chapter 213, § 213-4, of the Comprehensive Development Regulations, the plan shall also show existing development, property owner's names and tax account numbers for all property within 200 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 principal 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 principal structures on-site and on adjacent properties, as well as property line locations.
(2)
The second sketch plan should also meet the requirements of Chapter 217, Article III, § 217-11A, or Chapter 213, § 213-4, of the Comprehensive Development Regulations; show existing development, property owners' names and tax account numbers for all property within 200 feet of the property line of the 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) fits the site and how it relates 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 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[1] 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
[1]
Editor's Note: See § 8-0101 et seq. of the Environmental Conservation Law.
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 Chapter 217, Article III, § 217-12A, or Chapter 213, § 213-4C, of the Comprehensive Development Regulations.
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 as required in Chapter 217, Article III, § 217-13, or Chapter 213, § 213-4D, of the Comprehensive Development Regulations.
§ 209-6 Cash payment in lieu of amenity.
[Amended 8-13-2014 by L.L. No. 6-2014]
Under this article, if the Town Board determines that a suitable community benefit or amenity is not immediately feasible, or otherwise not practical, the Board may require, in lieu thereof, a payment to the town of a sum to be determined by the Board. If cash is accepted in lieu of other community benefit or amenity, provision shall be made for such sum to be deposited in a trust fund to be used by the Town Board exclusively for specific community benefits authorized by the Town Board.
§ 209-7 Purpose and intent.
The purpose of this article is to offer an incentive to applicants who provide the amenity of preservation of the existing housing stock in Brighton, thereby assisting the Town to implement specific physical, cultural and social policies in the Comprehensive Plan as supplemented by the local laws and ordinances adopted by the Town Board. The Town of Brighton highly values the character of its residential neighborhoods, which is strongly influenced by the existing housing stock in Brighton. The Town also recognizes that, as the existing housing stock ages, floor plans of older homes might not accommodate the needs and desires of current lifestyles. The intent of this article is to encourage property owners to preserve existing houses by allowing existing houses to be enlarged to greater floor area than new houses.
§ 209-8 Districts designated for incentives under this article.
A.
The following zoning districts are designated as eligible for zoning incentives:
Residential - Large Lot District (RLL) |
Residential - Low Density District (RLA) |
Residential - Low Density District (RLB) |
Residential - Low Density District (RLC) |
Residential - Low Density District (RM) |
B.
Incentives may be offered to applicants who offer an acceptable amenity to the Town in exchange for the incentive.
§ 209-9 Amenity for which incentive may be offered.
A.
The following amenity shall be only on the site of the subject application: The amenity shall be the preservation of an existing single-family detached building, provided that:
(1)
The certificate of occupancy for the construction of the building, including construction following substantial demolition, was issued, or the Commissioner of Public Works or designee otherwise determines that the building was completed, more than five years prior to the application for the incentive; and
B.
All properties that receive an amenity under this article shall continue to be subject to all other requirements of the Comprehensive Development Regulations.
§ 209-10 Incentive permitted.
In lieu of the maximum livable floor area requirements of §§ 205-2 and 205-4 of the Comprehensive Development Regulations, the maximum livable floor area of a single-family detached dwelling may be increased to a total not to exceed 2,316 square feet of livable floor area plus 64 square feet of livable floor area for each 1,000 square feet of lot area of the affected lot. The maximum livable floor area provided by the incentive allowed shall be derived from the following equation:
Maximum Livable Floor Area = 2,316 + (.064 x Lot Size) |
§ 209-11 Criteria and procedure for approval.
A.
An application for the incentive in exchange for the amenity shall be incorporated in a building permit application submitted to the Building and Planning Department for the proposed project and shall be in such form as required by the Building and Planning Department. In order to evaluate the adequacy of the amenity to be accepted in exchange for the requested incentive, the following information may be required by the Building and Planning Department to be submitted by the applicant in addition to all other building permit application materials:
(1)
The livable floor area of the existing structure, along with any information or certification necessary to verify the accuracy of the figure provided.
(2)
The livable floor area of the entire proposed structure, along with any information or certification necessary to verify the accuracy of the figure provided.
(3)
The livable floor area of a proposed addition or additions, along with any information or certification necessary to verify the accuracy of the figure provided.
(4)
A calculation of the ground area covered by all roofed parts of the existing structure, including cantilevers but excluding roof eaves, as prepared by a qualified professional.
(5)
A calculation of the ground area covered by all roofed parts of the existing structure, including cantilevers but excluding roof eaves, that is proposed to be demolished, as prepared by a qualified professional.
(6)
The applicant shall also submit such additional information and plans as may be required by the Building and Planning Department which, in its judgment, are necessary in order to perform a thorough evaluation of the proposal.
B.
The Building and Planning Department will review the proposed project for conformance with the provisions of this article and all other applicable codes, regulations, and requirements and, if such provisions are met, may issue the building permit upon payment of any fee(s) required.