Kensington City Zoning Code
ARTICLE X
Development Incentive Bonuses
[Added 3-25-2009 by L.L. No. 2-2009]
§ 151-48 Incentive bonuses for vacant property.
A.
Purpose. The Board of Trustees is authorized to exercise all powers set forth in Village Law § 7-703 in order to advance the Village's specific physical, cultural and social policies in accordance with the Village's comprehensive plan and in coordination with other community planning mechanisms or land use techniques.
B.
Definitions. As used in this article, the following terms shall have the meanings indicated:
COMMUNITY BENEFITS OR AMENITIES
Open space, parks, amenities, or other specific physical, social or cultural amenities, or cash in lieu thereof, as determined by the Board of Trustees which provide a benefit to the residents of the Village.
INCENTIVE BONUSES
Adjustments to the use or dimensional regulations in this chapter to the extent required to permit an applicant to develop its property with a single-family dwelling.
INCENTIVE ZONING
The system by which specific incentives or bonuses are granted to an applicant pursuant to this article on condition that specific physical, social, or cultural benefits or amenities would inure to the benefit of the Village.
C.
Applicability. This system of incentive zoning shall be applicable to properties within the Village that are vacant as of the effective date of this article.
D.
Environmental review. Pursuant to Village Law § 7-703(3)(c), an applicant for incentive bonuses shall pay a proportionate share of the Village's cost for the environmental review necessary for the enactment of this article. Such charge shall be added to any site-specific charge made pursuant to the provisions of Environmental Conservation Law § 8-0109.
E.
Power of the Board of Trustees to grant incentive bonuses. The Board of Trustees, in its sole discretion, may provide incentive bonuses in exchange for the applicant providing community benefits or amenities.
F.
Procedure for obtaining incentive bonuses.
(1)
Application. Applications for incentive bonuses shall be completed by each applicant and filed with the Village Clerk along with the payment of any applicable fees. To evaluate the adequacy of the proposed community benefits or amenities to be accepted in exchange for the requested incentive bonuses, the applicant shall provide with its application for incentive bonuses the following information:
(a)
A description of the proposed community benefits or amenities;
(b)
The economic value of the proposed community benefits or amenities to the Village compared with the economic value of the proposed incentive bonuses requested by the applicant;
(c)
A demonstration that there are adequate sewer, water, transportation, waste disposal and fire protection facilities serving or proximate to the proposed development to handle the additional demands that may be placed on such facilities beyond the demand that would otherwise occur with development without such incentive bonuses; and
(d)
An explanation of how the community benefits or amenities will implement land use, planning, physical, social or cultural policies of the Village's Comprehensive Plan and this chapter.
(e)
Any additional information requested by the Board of Trustees.
(2)
Public hearing. Authorization for incentive bonuses shall be subject to approval by the Board of Trustees after a public hearing.
(3)
Public notice. The Board of Trustees shall hold a public hearing to review all applications submitted pursuant to this article. Public notice shall be given by publication in the official Village newspaper of such hearing at least 10 days prior to the date thereof. The applicant shall send, by certified mail, no less than 10 days nor more than 20 days before the date set for a hearing, a notice addressed to all owners of lands within a four-hundred-foot radius of the property as they appear on the latest completed Nassau County assessment roll. Such notice shall also be sent to any municipality within 500 feet of the property.
(4)
Decision. Upon completion of the public hearing to consider the application for development incentive bonuses, the Board of Trustees shall grant or deny the application.
(5)
Findings. No application for incentive bonuses shall be granted, in whole or in part, except upon the Board of Trustees' findings that the approval will:
(a)
Be in the best interests of the Village and its residents.
(b)
Be compatible with the surrounding uses of properties.
(c)
Cause no significant adverse environmental impacts.
(d)
Cause no loss of potential affordable housing.
(e)
Provide the Village with community benefits or amenities that have an economic value appropriate for the requested incentive bonuses.
(6)
Imposition of terms and conditions.
(a)
In the event that the Board of Trustees grants such application, it may, in its sole discretion, impose such terms and conditions as it deems necessary to mitigate any adverse environmental impacts or advance the Village's physical, cultural, social, land use or planning policies in accordance with the Village's Comprehensive Plan.
(b)
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. If cash in accepted in lieu of other community benefits or amenities, provisions shall be made for such sum to be deposited in a trust fund to be used by the Board of Trustees for specific Village projects.
G.
Discretion to grant application. Nothing contained herein shall be construed to confer any right or presumption of right to an incentive bonus permit to any applicant. An incentive bonus application shall not be considered a special use permit, nor a conditional use permit, for the purposes of determining the standards to be applied in judicial review of any determination to deny or grant such application, and shall instead be solely within the discretion of the Board of Trustees.