Cedarhurst City Zoning Code
ARTICLE XXIII
Incentive Overlay District.
§ 265-155 Intent; purpose.
The Board of Trustees finds that in order to promote opportunities that exist for economic investment in areas in close proximity to the Long Island Rail Road, the downtown commercial corridor, and municipally-owned property, the requirements of the underlying zoning code provides the opportunity to advance revitalization efforts for promoting redevelopment of existing property. According to New York State Village Law § 7-703, the Village Board of Trustees is authorized to provide and regulate by planning and zoning, the granting of incentives or bonuses. The incentives and bonuses include adjustments to permissible density, area, height or other zoning provisions. Establishing an overlay zoning code provides for zoning incentives or bonuses in exchange for specific benefits or amenities that help promote revitalization that can allow for uses that are consistent with being in close proximity to public transportation and compatible with neighborhood residential uses.
§ 265-156 General procedures.
The Overlay District is hereby established with potential applicability to any property or assemblages which are (i) at least 0.75 acres in area, and which are (ii) located on a corner having two street frontages with at least one side abutting a Village boundary, and which are (iii) zoned in the General Business District or municipally-owned, shall be eligible for inclusion in the Overlay District. The subject property shall also meet the lot, bulk, design and other requirements contained in this article, as determined by the Board of Trustees.
§ 265-157 Permitted uses.
A.
In the Overlay District, no building shall be used and no building shall hereafter be erected or altered, unless otherwise provided for in this article, except for one or more of the following purposes.
§ 265-158 Lot and bulk controls.
Subject to the grant of zoning incentives pursuant to § 265-160, all development in the Overlay District shall meet the standards applicable to such development and uses pursuant to other sections of the Village Code in which such development and uses are permitted, including, without limitation, the standards for building area, front yards, rear yards, side yards, building height, frontage, lot depth, parking, residential density and streetscapes.
§ 265-159 Application.
An application to amend the Village Building Zone Map to apply the Overlay District shall be submitted to the Board of Trustees, in accordance with the application procedures and requirements of this article. An application to request incentive bonuses as promulgated in § 265-160 may also be considered by the Board of Trustees concurrent with the review of an application to amend the Village Building Zone Map. The applicant shall pay a filing fee established by the Board of Trustees and shall reimburse the Village for any expenses incurred by the Village to review said application and petition and to comply with SEQRA, including the services of engineers, architects, legal representatives and environmental consultants, through a deposit into an escrow account.
§ 265-160 Zoning incentives.
A.
In order to encourage development of eligible properties in accordance with this article and in accordance with the Village Law, the Board of Trustees is empowered to provide for a system of zoning incentives or bonuses in exchange for specific physical, social or cultural benefits or amenities, as the Board of Trustees deems necessary and appropriate, consistent with the purposes and conditions set forth herein.
B.
Community benefits or amenities.
(1)
The following community benefits or amenities may, at the discretion of the Board of Trustees be accepted in exchange for one or more incentives, as provided in Subsection C.
(a)
Public parking: municipal or public parking provided in addition to the minimum required on-site parking. Alternatively, a monetary contribution can be made for the creation or improvement of public parking elsewhere in the community.
(b)
Open or park space: additional or passive open or park space available to the public. Alternatively, a monetary contribution can be made for the creation or improvement of open or park space elsewhere in the community.
(c)
Infrastructure improvements: infrastructure improvements above and beyond minimum requirements in the form of street furniture, lighting, pavers, plazas, and related public amenities, as well as improvements to sewer and water systems. Alternatively, a monetary contribution can be made for the enhancement of similar improvements elsewhere in the community.
(d)
Other facilities or benefits to the residents of the community, as determined by the Board of Trustees.
(e)
Any combination of the above listed community benefits or amenities.
(2)
These community benefits or amenities shall be in addition to any mandated requirements pursuant to other provisions in this article.
(3)
These community benefits or amenities may be either on or off the site of the subject application and may involve one or more parcels of land.
(4)
If the Board of Trustees determines that a suitable community benefit or amenity is not immediately feasible or is impractical, the applicant shall pay the Village a fee in lieu of such amenities or benefits in an amount set by the Board, in such phases and at such times as the Board of Trustees shall determine, but in no event later than the issuance of the first certificate of occupancy. If a fee is accepted in lieu of or in addition to a community amenity or benefit, provision shall be made for such sum to be deposited in a trust fund to be used by the Board of Trustees for the creation or improvement of community amenities or for purposes which provide a community benefit, as authorized by the Board of Trustees in the future.
C.
Incentives or bonuses. The Board of Trustees may grant the following specific incentives:
(1)
Increased residential density. The Board of Trustees may grant an increased residential density of (i) up to 30 units per acre for properties less than 1.0 acre in land area, and (ii) up to 45 units per acre for properties that are 1.0 acre or more in land area but less than 3.0 acres in land area, and (iii) up to 60 units per acre for properties 3.0 acres or more in land area.
(2)
Increased height. The Board of Trustees may grant an increased building height of (i) up to three stories or 35 feet in height for properties less than 1.0 acres in land area, and (ii) up to four stories or 45 feet in height for properties of more than 1.0 acre and less than 3.0 acres or in land area; and (iii) up to five stories or 55 feet in height for properties of 3.0 acres or more in land area. Height measurements shall be made to the highest point of a structure excluding parapets not exceeding three feet in height above the roof, rooftop mechanical systems and service bulkheads.
(3)
Reduced parking requirements. The Board of Trustees may reduce the parking requirements for applications that demonstrate elevated transit usage and significant pedestrian and walkability amenities.
(4)
Increased building area. The Board of Trustees may grant an increased building area coverage of up to 55%.
(5)
Modifications to other land development standards or dimensional requirements. The Board of Trustees, at its discretion, may modify other land development standards or dimensional requirements of the Code.
D.
Criteria and procedure for approval. Authorization of zoning incentives is subject to approval by the Board of Trustees. The following procedures shall be followed for the approval of any incentive or bonus:
(1)
Submission of application. Applications for incentives in exchange for amenities shall be submitted to the Board of Trustees. In order to preliminarily evaluate the adequacy of the community benefit or amenity to be accepted in exchange for the requested incentive or bonus, the following information shall be provided by the applicant:
(a)
A description of the incentive being requested.
(b)
A description of the proposed amenities outlining the benefits that will accrue to the community.
(c)
An economic analysis of the value of the proposed amenities to the Village as compared with the economic value of the proposed incentives to the applicant. The analysis shall include a comparison of the long-term economic impact of the proposed amenities to the Village compared to the long-term economic value of the incentives to the applicant. For purposes of this section, "long-term" shall be defined as a term of 10 years or more. If a rational future evaluation as outlined above cannot be provided, the fair market value of the project, as proposed with all bonuses, and the fair market value of the property in its then-current state shall be provided.
[1]
The aforementioned calculations shall be prepared by a qualified professional(s), based on analyses acceptable to the Board of Trustees, and commissioned by the applicant at the expense of the applicant. The Board of Trustees may commission an independent analysis if the Board finds it appropriate, in its sole discretion, that an independent study is necessary or prudent to establish reasonable values.
(d)
A preliminary demonstration that there are adequate sewer, water, transportation, waste disposal and fire-protection facilities serving or proximate to the propose development to handle the additional demands the increased density, incentive or amenity may place on such facilities or the Village beyond the demand that would otherwise occur with as-of-right development.
(e)
An explanation of the physical, social and/or cultural impact of the amenity upon the Village.
E.
If the Board of Trustees determines that a suitable community benefit or amenity is not immediately feasible, or otherwise not practical, the Board of Trustees may require, in lieu thereof, a payment to the Village of a sum to be determined by the Board of Trustees. The fee in lieu of community amenities or benefits shall be paid in full prior to issuance of a building permit unless otherwise determined by the Board of Trustees.
F.
If a fee is accepted in lieu of or in addition to a community amenity or benefit, a provision shall be made for such fee to be deposited in a trust fund to be used by the Board of Trustees for the creation or improvement of community amenities, or for purposes which provide a community benefit, as authorized by the Board of Trustees in the future.
G.
It shall be a condition of every grant of zoning incentives that the applicant or owner of the project that receives such grant of incentive agrees in a writing to be memorialized and recorded as a covenant running with the land, (i) that there shall be no abatement or deferral of real estate taxes payable to the Village for so long as the buildings and improvements stand on the land, and (ii) there shall not be requested by the applicant or owner, and there shall not be granted by the Village Board of Zoning Appeals, any variance, special exception, special use permit or other relief from the requirements of the Zoning Code or from the incentives granted by the Board of Trustees, unless the Board of Trustees consents to an amendment of the covenant granted by the applicant or owner as set forth above.