Chili City Zoning Code
ARTICLE XVI
Incentive Zoning
§ 500-102 Purpose.
The purpose of these regulations is to offer incentives to applicants who provide amenities that would assist the Town to implement specific physical, cultural and social policies described in the Town of Chili Comprehensive Master Plan - 2010, and as supplemented by local laws and ordinances adopted by the Town Board.
§ 500-103 Districts designated for incentives.
Land within any zone district within the Town of Chili 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.
§ 500-104 Amenities for which incentives may be offered.
A.
The following amenities may be either on or off the site of the subject application:
(1)
Preservation, to the greatest extent possible, of prime and/or unique classified agricultural soils for farm operations.
(2)
Passive and active open space and related improvements.
(3)
Road and/or utility improvements.
(4)
Cultural or historic facilities.
(5)
Other amenities to residents of the Town which help to implement specific physical, cultural and social policies described in Comprehensive Master Plan - 2010.
(6)
Cash in lieu of any amenity(ies).
§ 500-105 Incentives permitted.
The following incentives may be granted by the Town Board to the applicant on a specific site:
§ 500-106 Criteria and procedure for approval.
A.
Applications for incentives in exchange for amenities shall be submitted to the Town Board. In order for the Town Board to evaluate the adequacy of the amenities to be proposed in exchange for the requested incentive, the applicant shall provide the following information:
(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 Town by the proposed amenity.
(b)
Demonstrates that there is adequate sewage disposal, water, transportation, drainage, trash disposal, electricity and fire protection facilities in the zoning district in which the proposal is located to accommodate the additional demands generated by the incentive and amenity, if it is an on-site amenity, which are beyond the demands that would be placed on the existing facilities if the district were developed to its fullest potential.
(c)
Explains how the amenity helps implement the physical, social or cultural policies of the Town of Chili Comprehensive Master Plan - 2010, and as may be supplemented by 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 for review in accord with the following procedures and requirements:
(1)
The first sketch plan.
(a)
The first sketch plan shall show the proposed development of the site with the amenity, if it is on-site, and the incentive. This sketch plan will show how the proposed development differs from the existing Chapter 439, Subdivision of Land, and Chapter 500, Zoning, of the Code of the Town of Chili. The sketch plan shall also show existing development and property owners' names and tax account numbers for all property within 500 feet of the property lines of the proposed project or such other distance as may be specified by the Town Board.
(b)
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 location of all property lines.
(c)
If the incentive will result in a setback reduction, the drawing shall show this reduction in relation to the principal structures on-site and on adjacent properties, as well as the location of all property lines.
(d)
If the incentive will result in a change to the floor area requirements, the drawing shall note the change in relation to each site.
(2)
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 may be specified by the Town Board. This sketch plan 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 shall 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 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.
D.
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 to be conducted 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.
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 sufficient sewage disposal, water, transportation, waste disposal and fire protection facilities to:
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 to other agencies as it may deem necessary to ensure a thorough and complete review of the proposal. 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 439, Subdivision of Land, and Chapter 500, Zoning, of the Code of the Town of Chili.
G.
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.
H.
Upon final plan approval, the Town Clerk shall affix a reference to the Official Zoning Map that the development of this site was approved under the Town's incentive zoning provisions and include a reference to the date such action was taken.
§ 500-107 Cash payment in lieu of amenity.
[Amended 4-16-2025 by L.L. No. 4-2025]
If the Town Board finds than an amenity is not suitable or cannot be reasonably provided, the Town Board may require a non-refundable cash payment in lieu of the provision of the amenity. These funds shall be placed in a reserve fund to be used by the Town Board exclusively for specific amenities to be described prior to the acceptance of funds. Non-refundable cash payments consistent with this provision shall be made to the Town within 60 days from the Town Board’s final approval of the same, and prior to the issuance of any building permit. If said cash payment is not paid in its entirety to the Town within 60 days from the Town Board’s approval, then the Town Board’s approval shall be deemed null and void, and the applicant shall be required to file a new application consistent with this article. Cash payments in lieu of amenities shall not be used to pay general and ordinary Town expenses.