Hamburg Town City Zoning Code
ARTICLE LVI
McKinley Mall Area Incentives
[Added 5-3-2021 by L.L. No. 3-2021]
§ 280-398 Purpose and intent.
The purpose and intent of this article is to offer incentives to applicants who provide amenities that assist the Town of Hamburg to implement specific physical, cultural, social and economic goals and policies in the Town's Master Plan as supplemented by the local laws and zoning ordinances adopted by the Town Board. In the case of this specific incentive zoning law provision, the Town desires the McKinley Mall area to be redeveloped in a fashion that creates jobs and taxes and provides a rebirth to this important area of the Town.
§ 280-399 Area designated for incentives.
The area as designated on the Town's Zoning Map is eligible for zoning incentives. Incentives may be offered to applicants who offer acceptable amenities and improvements to the Town in exchange for the incentive.
§ 280-400 Amenities for which incentives may be offered.
The following amenities may be offered with the subject application:
The reuse/transformation of components of the McKinley Mall incentive area.
Community facilities.
Parks and recreational facilities.
Infrastructure improvements.
Creation of significant jobs and taxes.
Road improvements.
Significant aesthetic improvements to the area.
Gateway features.
Other facilities or benefits to the residents of the community.
Any combination of amenities and/or cash in lieu of any amenity(ies).
These amenities shall be in addition to any mandated requirements pursuant to other provisions of the Zoning Ordinance of the Town of Hamburg.
§ 280-401 Incentives permitted.
The following incentives may be granted by the Town Board to the applicant on a specific site:
Increases in residential/nonresidential unit density.
Changes of use, including the allowance of mixed uses.
Increases in lot coverage.
Changes in setbacks or height.
Increases in floor area.
Reduction of open spaces.
Any other changes in the Zoning Ordinance of the Town of Hamburg provisions.
§ 280-402 Criteria and procedure for approval.
Applications for incentives in exchange for amenities shall be submitted to 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:
The proposed amenity.
An estimate of the taxes to be paid.
The amount of jobs created.
A narrative which:
Describes the benefits to be provided to the community by the proposed amenity.
A preliminary indication that there are adequate sewer, water, transportation, waste disposal and fire protection facilities 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.
Explains how the amenity helps implement the physical, social, cultural or economic goals and policies of the Master Plan as supplemented by the local laws and ordinances adopted by the Town Board.
Describes the project in total (including a sketch plan).
The requested incentive(s).
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.
The first sketch plan.
The first sketch plan shall show how the site will be developed, with the amenity(s). The plan shall show existing development, 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 specified by the Town Board.
If the incentive will result in a structural height increase, the applicant shall submit an elevation drawing, at the appropriate scale, 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.
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.
It shall also indicate any other incentives requested if they involve a physical impact to the site.
The second sketch plan. The second sketch plan should meet all Town ordinance requirements and show existing development, property owners' names and tax account numbers for all property within 500 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.
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.
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) 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 referred by the Town Board. The Planning Board's report shall be submitted to the Town Board within 40 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.
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 the 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 10 days prior to the date of the hearing.
All applicable requirements of the State Environmental Quality Review (SEQR) Act shall be complied with as part of the review and hearing process.
Following the hearing and in addition to compliance with all SEQR requirements, the Town Board may, before taking action, refer the proposal for review and comment to other governmental agencies as may be required or to other Town 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. The Town Board then shall act within 60 days after completing the public hearing. Thereafter, the Planning Board is authorized to act on an application for site plan approval pursuant to the Town Zoning Ordinance.
Following site plan approval and subject to meeting all conditions imposed on the site plan, including all documentation required by the Town Attorney and Town Board on the amenity, and obtaining other regulatory approvals, the applicant may submit for site development and building permits.
§ 280-403 Cash payment in lieu of amenity.
If the Town Board finds that a community benefit is not suitable on site or cannot be reasonably provided, the Town Board may require a cash payment in lieu of the provision of the amenity. These funds shall be placed in a trust fund to be used by the Town Board exclusively for amenities specified prior to acceptance of funds. Cash payments shall be made prior to the issuance of a building permit. Cash payments in lieu of amenities are not to be used to pay general and ordinary Town expenses.