Great Neck City Zoning Code
ARTICLE XXXI
Incentive Zoning
§ 575-280 Incentive zoning procedure.
[Amended 9-20-2016 by L.L. No. 2-2016]
This section shall apply to all new commercial and multiple-family dwelling projects in the Village. It shall further apply to all applications filed under the provisions of the Middle Neck Road Multifamily Incentive Overlay District (MNR-MIO) (Article XXXII), the Steamboat Road Townhome Redevelopment Incentive Overlay (SR-TRIO) (Article XXXIII) and the Residence G or Waterfront Residential District (Article XXXIV).
A.
The Board of Trustees shall have powers set forth in Village Law § 7-703, as may be amended from time to time, with regard to incentive zoning. The Board of Trustees may, at its discretion, award incentives and bonuses to applicants who provide or make provision for specific physical, social, and/or cultural amenities, or cash in lieu thereof, of benefit to the residents of the Village, as from time to time determined by resolution of the Board of Trustees, provided such are in accordance with the Comprehensive Plan established by this chapter.
B.
To evaluate the adequacy of the proposed amenities to be accepted in exchange for the requested development incentives or bonuses, the applicant shall, as part of its initial submission to the Village, submit an application for development incentive bonuses to the Building Department, together with the payment of the escrow deposit stated below and all applicable fees that shall be set, from time to time, by resolution of the Board of Trustees. The application for a development or incentive bonus shall include the following and such other documentation and information as may be requested by the Building Department or the Board of Trustees:
(1)
A description of the proposed amenities outlining the benefits that will accrue to the community;
(2)
The economic 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;
(3)
A preliminary demonstration that there are adequate parking, transportation, and fire-protection facilities serving or proximate to the proposed development to handle the additional demands the increased density or other incentive or bonus may place on such facilities or the Village beyond the demand that would otherwise occur with as-of-right development;
(4)
A description of the effect, if any, on the potential development of affordable housing gained or lost by the provision of the incentive or bonus;
(5)
Demonstration that any additional height would not result in adverse visual impact on the nearby single-family residential areas, open space areas, streetscape, or, if applicable, the historic character of the proposed building site or nearby properties; and
(6)
In addition to any other applicable application fees, payment of a reasonable escrow deposit, as set by the Building Department, to cover costs and expenses incurred by the Village for legal and professional fees in connection with review of the application. The unused portion of the escrow, if any, shall be refunded to the applicant following final determination of the application.
C.
Authorization for development incentives and bonuses shall be subject to approval by the Board of Trustees. The Board of Trustees shall determine whether the proposed amenity provides sufficient public benefit to provide the requested incentive or bonus. In the event that the Board of Trustees grants the application, it may impose such terms and conditions as it deems reasonable or necessary.
(1)
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. The fee shall be equal to 15% of the difference between:
(a)
The fair market value of the project, as proposed and with all bonuses, and the fair market value of the project without the bonuses; or
(b)
If a rational valuation under (C)(1)(a) cannot be provided, the fair market value of the project, as proposed and with all bonuses, and the fair market value of the property in its then-current state.
(2)
The foregoing calculations shall be based upon analyses acceptable to the Board of Trustees, prepared by a qualified professional or firm, and commissioned by the applicant at his/her sole cost and expense. The Board of Trustees shall retain authority to commission an independent analysis if the Board finds, in its sole discretion, that an independent study is necessary or prudent to establish reasonable values for calculation of the fee. The fee in lieu of community amenities or benefits shall be paid as follows: i) for projects constructed in phases, proportionately based on the relative size of each phase, prior to commencement of each phase of development; and ii) for all other developments, half prior to issuance of the first building permit and half prior to 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.
D.
If a generic environmental impact statement has been prepared by the Board of Trustees in relation to the establishment of a system of zoning incentives within particular zoning districts, the applicant shall pay a proportionate share of the cost of preparing such impact statement. Such proportionate share shall be determined based upon the total area of the applicant's property for which the incentive or bonus is sought and the total area within the district that was the subject of the impact statement. All other requirements of Article 8 of the Environmental Conservation Law of New York State shall be complied with by the applicant, including preparation of a site-specific environmental assessment form and a supplemental environmental impact statement, if deemed by the Board of Trustees to be necessary.
§ 575-281 Approval of incentive application.
[Added 12-21-2021 by L.L. No. 5-2022]
A.
Unless otherwise specified in a particular incentive zoning approval resolution, every incentive zoning approval granted by the Board of Trustees shall become null, void and of no further force and effect upon the failure of the applicant to apply for all required building permits for the project that was the basis of the incentive zoning application within 12 months from the approval date by the Board of Trustees of the approval resolution(s) or such other date as otherwise required by the approval resolution(s) for said application.
B.
The Board of Trustees may, for good cause shown, extend the time, upon written application to it, for such extension of approvals. In determining whether good cause exists for such extension, the Board shall consider, among other things, the practical difficulties in obtaining all approvals from other necessary agencies and/or municipalities needed to obtain a building permit. The fee for such application shall be as prescribed from time to time by the Board of Trustees.
C.
The Board of Trustees may, upon the recommendation of the Superintendent of Buildings, rescind any incentive zoning approval previously given upon a determination that the applicant has failed to diligently pursue such building permit application. Such rescission shall not occur, however, until a) at least 180 days have passed since the application was made for the building permit, and b) the applicant is first afforded an opportunity to be heard by the Board, and the making of specific findings of fact by the Board as to the applicant's failure to diligently pursue such application. In determining whether to rescind, the Board shall consider, among other things, the practical difficulties in obtaining all approvals from other necessary agencies and/or municipalities needed to obtain a building permit.