Lysander City Zoning Code
ARTICLE XXVII
Incentive Zoning
§ 320-74 Purpose and Intent.
[Amended 8-21-2025 by L.L. No. 6-2025]
The Town Board has determined that it is appropriate to make the provision of the IZ Overlay in areas where residential development is most desirable in order to protect and preserve farmland, open space and view sheds in, primarily, other areas of the Town by making adjustments to permissible density and area requirements for the specific purposes of promoting the extension of roadways, sewers and other such amenities at a minimum cost to the residents and taxpayers. It is the intent of this article to empower the Town Board to grant incentives or bonuses to advance the mission, vision and policies articulated in the Town of Lysander's Comprehensive Plan to achieve the following objectives:
A.
The preservation and enhancement of natural and cultural features.
B.
The accommodation of land uses and physical site arrangements which are not contemplated under conventional zoning, but which would further the land use conservation and development goals of the Town.
C.
The creation of usable open space and recreation lands and trails.
D.
The preservation of farmland, scenic viewsheds, water resources, forests, meadows, geologic features, environmentally sensitive areas, significant plant and animal habitats, and important ecological resources.
E.
The provision of a more desirable environment than what would be possible through the strict application of existing zoning regulations.
F.
The promotion of the general health, safety, and welfare of the Town.
G.
The improvement of water quality of the river system through the extension of sewers to non-sewered areas.
§ 320-75 Legislative authority.
In accordance with § 261-b of the Town Law of the State of New York, the Town Board of Lysander is empowered to provide for a system of zoning incentives or bonuses in exchange for specific social, economic, or cultural benefits or amenities as the Town Board deems necessary and appropriate and which are consistent with the intent and purpose set forth in § 320-74.
§ 320-76 Applicability.
The Incentive Zoning Program was developed pursuant to § 261-b of the Town Law of New York State and the Town of Lysander Land Use Plan (Comprehensive Plan). Incentive zoning areas shall be indicated as floating overlay zones on the official Town of Lysander Zoning Map and may be adjusted over time following due process through Town Law. The procedure for amending the Incentive Zoning Area Overlays shall be the same as for an amendment to the Town Zoning Map.
§ 320-77 Definitions.
For the purpose of this article, the terms used are defined as follows:
Amenities including open space which has physical, economic, social or cultural benefit to the residents of the community.
Adjustments to the permissible density, area, height, use or other requirements of this chapter for the Town of Lysander and any amendments thereto in exchange for a specific community benefit or amenity that provides for the significant preservation of open space in a manner not otherwise allowed by this chapter; these adjustments may incorporate two or more noncontiguous parcels of land.
The system by which specific incentives or bonuses are granted, pursuant to § 261-b of the New York State Town Law, on condition that specific social, economic, or cultural benefits or amenities are provided to the community.
§ 320-78 Benefits or amenities.
A.
The following benefits or amenities may be either on or off the site of the subject application:
(1)
Preservation of farmland or open space.
(2)
Regional parks.
(3)
Utilities and appurtenances in excess of those required to mitigate proposed development impacts.
(4)
Preservation of cultural or historic facilities in excess of those required to mitigate proposed development impacts.
(5)
Other facilities or benefits to the residents of the community which are consistent with the purpose and intent of this article as determined by the Town Board.
(6)
Any combination of above-listed amenities and/or cash in lieu of any amenity(s) for specific purposes identified.
§ 320-79 Incentives or bonuses.
[Amended 8-21-2025 by L.L. No. 6-2025]
The following incentives may be granted by the Town Board to an application on a specific site: The suitability of the site(s) for the type of viewshed and recreational preservation, sewer, roadway or other amenities proposed, the physical characteristics of the land, and the relation of the proposed development to existing surrounding and future development.
§ 320-80 Criteria and procedure for approval.
[Amended 8-21-2025 by L.L. No. 6-2025]
A.
A preapplication conference shall be held prior to the submission of an application for incentive zoning. The purpose of a preapplication conference is to inform the applicant of applicable procedures, submission requirements, development standards and other pertinent matters before the applicant finalizes the incentive zoning proposal.
(1)
The preapplication conference will be coordinated through the Planning Board.
(2)
The applicant requesting consideration for incentive zoning is required to attend the preapplication conference.
(3)
Opinions presented during a preapplication conference are advisory in nature and do not represent a commitment on behalf of the Town Board or represented agency regarding the acceptability of the incentive zoning proposal.
B.
An application for incentive zoning will consist of a letter of intent accompanied by the following information:
(1)
One concept plan showing the site developed to its fullest extent under the zoning regulations in Chapter 320 of the Town Code, and one concept plan showing the site developed in a manner that incorporates the desired incentive and amenity to be provided. These plans shall show the following information:
(a)
Location and extent of all proposed land uses, including development areas and open spaces, with areas shown in acres.
(b)
All interior streets, roads, access easements and their planned private or public ownership, as well as all points of access and egress from existing public rights-of-way.
(c)
An area map showing adjacent parcels; that portion of the applicant's property under consideration; all properties, zoning districts, subdivisions, streets, access, easements, watercourses, drainage facilities, buildings, structures, and other significant natural and built features within 300 feet of the applicant's property, and all uses of abutting lands.
(2)
A written description of the proposed amenity.
(3)
The cash value of the proposed amenity.
(4)
A narrative which:
(a)
Describes the benefits to be provided to the community by the proposed amenity.
(b)
Provides a preliminary indication that there is adequate sewer, water, transportation, waste disposal and fire-protection facilities in the zoning district in which the proposal is located to handle the additional demands the incentive and amenity may place on these facilities beyond the demand on them as if the site were developed to its fullest extent under the zoning regulations in Chapter 320 of the Town Code. Life cycle analysis for major subdivisions of Town roadways included in any project shall be provided at the current highway tax rate using maintenance costs and practices established by the Town Engineer and Highway Superintendent.
(c)
Explains how the amenity helps implement the vision and policies of the Comprehensive Plan, and the land use goals of the Town as supplemented by the laws and ordinances adopted by the Town Board.
(d)
Description of the requested incentive.
(e)
Completed long environmental assessment form, Part I.
(5)
Fifteen sets of the application shall be provided to the Town for distribution and review. The Town Board, upon receipt of an application, and as part of its review, shall refer the application to the Planning Board and to the Zoning Board of Appeals for their review and recommendations.
C.
The Planning Board shall forward a written recommendation to the Town Board indicating whether or not it supports the approval of the incentive and amenity (amenities). This recommendation shall consider the following:
(1)
The suitability of the site(s) for the type of open space preservation, sewer, roadway or other amenities proposed the physical characteristics of the land, and the relation of the proposed development to surrounding existing and probable future development.
(2)
The adequacy of major roads, utilities and other facilities and services to serve the development.
(3)
That the proposal is conceptually sound, is consistent with the Town Comprehensive Plan, and meets local and area wide needs.
D.
The Zoning Board of Appeals shall forward a written recommendation indicating its position with respect to the application and relevant observations, issues, and/or questions.
E.
The application shall be referred to the Onondaga County Planning Department for its review. The Town may also refer the application to the Town Engineer, as well as other local and county officials, representatives of federal and state agencies and consultants as deemed appropriate. These agencies may include, but are not limited to, the Onondaga Farmland Protection Board, Onondaga County Agricultural Council, the Onondaga County Department of Water Environmental Protection, the Onondaga County Department of Transportation, the New York State Department of Transportation, and the New York State Department of Environmental Conservation.
F.
Once the application has been determined to be complete; a public hearing will be scheduled before the Town Board. 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.
G.
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 the environmental assessment of the proposal, the assessment shall include verification that the zoning district in which the proposal is to be located has adequate sewer, water, transportation, waste disposal, and fire-protection facilities to:
(1)
First, serve the remaining vacant land on the site as though it were developed to its fullest potential under the zoning regulations in effect at the time of the amenity/incentive proposal; and
H.
In order to approve an amenity/incentive proposal, the Town Board shall determine the requirements of SEQR have been met and the proposed amenity provides sufficient public benefit to provide the requested incentive. In order to make this determination, the Town Board may require the completion of an environmental impact statement. Thereafter, the Town Board is authorized to act on an application for approval pursuant to this article.
§ 320-81 Cash in lieu of amenity or bonus.
[Amended 12-19-2019 by L.L. No. 5-2019]
A.
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 or bonus. These funds shall be placed in a trust fund to be used by the Town Board exclusively for amenities specified in these provisions. Payments shall be made by the applicant prior to the issuance of any permit or construction activities.