A. Applicants shall request incentive zoning as early in the development process as is possible, either prior to any other associated applications, or in concert with other related applications such as for site plan, subdivision or special use permit.
B. Applicants are encouraged to bring before the Town Board a concept plan for informal discussion and nonbinding input by the Town Board prior to making a formal incentive zoning application for input thereon.
C. Applications shall be submitted to the Director of Engineering for consideration by the Town Board. A narrative containing the following information shall be included as part of an incentive zoning application:
(1) A description of the incentive(s) requested from the Town.
(2) A description of the amenity offered to the Town.
(3) A current estimate of the general cost to the developer and market value of the proposed amenity to the Town.
(4) An explanation as to how the incentive and amenity helps to implement the Town's land use goals and policies, such as those expressed in the Comprehensive Plan, the Agricultural Development and Farmland Protection Plan, and/or the Active Transportation Plan, the Rural Development Design Guidelines (where applicable) and this article.
(5) A statement that the amenity would not otherwise result from the project without the granting of the incentive, whether legally impossible or otherwise not feasible.
D. Where an incentive zoning proposal requires other associated approvals from the Planning Board, the applicant shall also submit to the Planning Board the incentive zoning application for review and recommendation to the Town Board, including, where practicable, any applications also required to be heard by the Planning Board. The Planning Board shall, within 45 days from receipt of a complete incentive zoning application (which time period may be extended upon mutual agreement with the Town Board), make a referral to the Town Board providing its input on the incentive zoning application, including, for example: An evaluation of the adequacy amenity given the incentive, and an assessment of how the incentive(s) and amenities(s) fit the site/project and how they relate to adjacent uses and structures.
E. As soon as reasonably practicable after receipt of the Planning Board's referral, the Town Board shall hold a public hearing on at least 10 days' notice on the incentive proposal.
F. Approval of an incentive zoning application shall be a prerequisite to any approval (including preliminary) of any other associated applications, including, for example, site plan approval, special use permit approval and subdivision approval.
G. All applicable requirements of the SEQRA shall be complied with. For cases involving incentive zoning, the Town Board shall act as the Lead Agency for SEQRA purposes.
H. Should the incentive zoning application be denied, the applicant may elect to proceed with the project proposal without incentives and, if needed, shall modify the related applications accordingly.
I. An incentive zoning permit shall be issued if the Town Board approves the incentive zoning application. No subsequent permit or approval by any official, board or agency of the Town shall alter or contradict any condition or requirement imposed by the Town Board.
J. All legal, engineering, and other expenses in connection with the matters herein provided shall be borne by such applicant, developer, or other owner of such subdivision, all in accordance with the Town's laws and rules relating to the reimbursement of professional fees.
