§ 85-726. Incentive zoning.

A. 

Purpose. The purpose of incentive zoning is to advance the goals and objectives of the Central Pine Barrens Comprehensive Lane Use Plan.

B. 

Applicability.

(1) 

For purposes of §§ 85-718 through 85-726, the redemption of Pine Barrens credits may be permitted in connection with all change of zoning district classification and special use permit applications for all eligible lands located within the Town and outside the Core Preservation Area.

(2) 

The redemption of Pine Barrens credits may be utilized to obtain an increase in density or intensity of development in connection with development proposals for parcels, lots and assemblages located outside of the Core Preservation Area subject to the review and approval by the Town Board or Planning Board as the case may be.

(3) 

The redemption of Pine Barrens credits may also be permitted by the Town Board in connection with a development proposal made pursuant to Article XXVI of this chapter for a Planned Development District.

(4) 

The utilization of incentive zoning employing the redemption of Pine Barrens credits shall be limited, under this article, to the following zoning districts:

	MF Residence
	PRC Residence
	PRCHC Residence
	NH-H Residence
	J Business
	J Business 2
	J Business 4
	J Business 5
	J Business 6
	J Business 7
	J Business 8
	L Industrial 1
	L Industrial 2

(5) 

All applications for development proposals and/or change of zoning district classification shall comply with the requirements of Article 8 of the Environmental Conservation Law.

C. 

Change of zoning district classification (change of zone).

(1) 

The redemption of Pine Barrens credits for all lands located within the Central Pine Barrens Designated Compatible Growth Area may be permitted for any parcels, lots and assemblage which is located in an eligible zoning district as set forth in this section.

(2) 

The Town Board may limit the Planning Board's authority to grant an increase in density or intensity, under existing zoning, upon its review of an otherwise eligible site plan. An increase in density or intensity granted upon a change of zone or special use permit approval shall conform to the Schedule of Intensity set forth in this section.

D. 

Redemption schedule.

(1) 

Commercial and industrial. Change of zone and special use permit applications for parcels, premises, lots or assemblages, subject to commercial and/or industrial zoning district classification(s), may include the redemption of Pine Barrens credits.

(2) 

Multifamily. For all proposed MF residence developments, an increase in density (or intensity) may be permitted by the redemption of Pine Barrens credits, added to the number of units permitted in the zoning district classification or as previously approved by the Town Board upon a change of zoning district classification.

(3) 

Planned retirement community. For all proposed PRC residence developments, an increase in density (or intensity) may be permitted by the redemption of Pine Barrens credits, added to the number of units permitted in the zoning district classification or as previously approved by the Town Board upon a change of zoning district classification.

(4) 

Nursing home and assisted living. For all proposed NH-H and PRCHC residence developments, an increase in density (or intensity) may be permitted by the redemption of Pine Barrens credits, added to the number of beds/units permitted in the zoning district classification or as previously approved by the Town Board upon a change of zoning district classification.

E. 

Site plan. All site plan applications for the zoning districts specified hereinabove in this section may include a proposal for the redemption of Pine Barrens credits, subject to the Planning Board's approval.

(1) 

A site plan application shall be submitted pursuant to the site plan procedures set forth in this chapter.

(2) 

The Planning Board, in determining the effects of such incentive, shall consider the potential impacts to the school districts, resources available in the project site area, including environmental quality, public facilities, transportation and infrastructure.

(3) 

As an irrevocable condition of the Planning Board's final conditional approval, the applicant shall submit a Pine Barrens credit certificate confirming the number of Pine Barrens credits incorporated into its grant of approval.

(4) 

The Planning Board is hereby authorized to modify or adjust the required dimensional setback requirements and parking requirements set forth in this chapter.