(1) The Town Board must be able to find that the requested incentive and proposed amenity provide sufficient and material public benefit to the Town of Henrietta community. In making this determination the Town Board shall consider the following factors:

(a) Whether and how the proposal is consistent with and supports 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.
(b) The location of the incentive in relation the location of the amenity.
(c) Potential adverse impacts on the community and public relative to the proposal, including consideration of information received and assessed through public hearings, public information meetings, and the SEQRA process. This shall also take into consideration the anticipated effectiveness of measures designed to avoid, reduce, and mitigate potentially adverse impacts of the proposed development on neighborhood character and visual environment in the vicinity of the proposal through the use of buffers, natural screening by vegetation and topography, and any proposed landscaping which complements the prevailing landscape.

(2) Incentives shall be granted only when the amenities benefit the community located external and separate from the proposed development.
(3) Community amenities must be offered to the Town in addition to, and not as a substitute for, any other improvements or items otherwise required for the proposed project itself and/or pursuant to other provisions of the Zoning Law, site plan, special use permit, and subdivision regulations and/or any other laws, rules or regulations, including and provisions SEQRA or other applicable local, state or federal laws that now exist or as they may be amended from time to time.
(4) In determining the adequacy of the amenity offered, the value/cost of the incentive (e.g., the increase in density for residential projects) shall be generally and approximately proportionate to the value/cost of the amenity, all as decided in the sole discretion of the Town Board. In determining the relative value/cost of the Incentive and value/cost of the amenity, the Town Board may utilize the services of experts, consultants and other third parties. The Town Board shall use its discretion, acknowledging the potential difficulty in quantifying value/cost in dollars and cents for some types of amenities that are difficult to quantify monetarily such as, but not limited to, assigning value for protecting certain resources that contribute to community character like scenic and historic resources.
(5) Amenities shall be implemented in favor of the Town on a schedule to be approved by the Town Board, which may include, but is not limited to, a date certain, prior to issuance of the building permit, prior to issuance of the C/O, or a combination thereof. Such timely provision of amenities shall be a condition of approval.
(6) In no case shall the Town Board be compelled to approve any aspect of an incentive zoning application. An approval rests with the Town Board in its sole and absolute discretion. Relief for denial of an incentive zoning application shall be to proceed with an application pursuant to the otherwise applicable regulations of the Town, without incentive zoning.
(7) The Town Board may impose conditions upon its approval as it may deem appropriate.
(8) The amenities set forth in this article are not intended to be listed in any order of importance or priority. Nothing herein shall prevent the Town Board from adopting and, from time to time, establishing a new or prioritized list of amenities.

(1) Both the lands to be developed and the lands to be conserved must be located within the Rural Residential Incentive Zone, but do not need to be contiguous. These lands are preferred to be in the same general vicinity so that the benefit of conservation can be realized by residents in the vicinity of the development. Where not contiguous or in the vicinity, the Town Board must find that the general benefit of the lands conserved is so great that it outweighs the impact of the greater distance from the lands to be developed.
(2) The Board shall consider (but not as a sole determinant) whether the proposal will be served by public water and sanitary sewer, and will not accelerate development pressure, or to what extent it may further fragment farmland on nearby agricultural areas especially within state-certified Agricultural Districts.
(3) If prime farmland in a state-certified Agricultural District is to be developed, the applicant shall be required to protect an equal or greater amount of prime farmland through an agricultural conservation easement or other approved means.
(4) Nothing contained in this section shall prohibit open space created pursuant to this section from being conveyed to the Town for recreational use upon acceptance of the Town Board, or from being conveyed to a recognized conservation organization or other entity (e.g., school district or educational institution) upon approval of the Town Board.
(5) Typically, the conservation subdivision incentive is accomplished by execution of a conservation easement, through conveyance, or by donation of the conservation lands to the Town as parkland. Any conservation easement placed on the conservation lands will be held by both the Town of Henrietta and by an authorized conservation organization designee approved by the Town Board such as the Genesee Land Trust, the Henrietta Foundation, or others.
(6) Land for which a conservation easement has been conveyed to the Town or other authorized designee pursuant to this section shall be assessed for real property tax purposes with full regard to the restriction of the use of the land by reason of said easement. Land for which an increase in density has been permitted shall be assessed for real property tax purposes with full consideration of the density at which it may be or has been developed.

Cash payment in-lieu-of amenity.
If the Town Board finds that no suitable community benefit or amenity suitable can reasonably be provided, the Town Board may accept instead a cash payment in-lieu-of the provision of the benefit or amenity consistent with New York State Town Law. These funds shall be placed in a trust fund to be used by the Town Board exclusively for amenities specified prior to the acceptance of the 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 for general and ordinary Town expenses, or for any other purposes unrelated to the amenities so specified.