Applications for incentives in exchange for amenities shall be submitted to the Town Board. In order for the Town to evaluate the adequacy of amenities proposed in exchange for the incentive requested, the applicant shall provide the following information:

The Town Board shall review the proposal and inform the applicant as to whether or not the proposal is worthy of further consideration. If it is deemed worthy of further consideration, the applicant may then submit two sketch plans to the Planning Board in accord with the following procedures and requirements:

The Planning Board shall review the proposal and report to the Town Board with its evaluation of the adequacy with which the amenity(ies)/incentive(s) fit the site and how they relate to adjacent uses and structures. The Planning Board's review shall be limited to the planning design and layout considerations involved with project review or such other issues as may be specifically requested by the Town Board. The Planning Board's report shall be submitted to the Town Board within 70 days from the date of the Planning Board meeting at which the proposal is first placed on the agenda. This time period may be extended/suspended for good cause by the Town Board.

The Town Board shall review the Planning Board's report and notify the applicant as to whether it is willing to further consider the proposal. All requests submitted subject to the incentive provisions of this chapter shall require a public hearing by the Town Board. The Town Clerk shall give notice of all public hearings on incentive zoning requests in the official newspaper of the Town at least five days prior to the date of the hearing.

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 an environmental assessment of the proposal, the assessment shall include verification that the zoning district in which the proposal is to be located has sufficient sewage disposal, water, transportation, waste disposal and fire protection facilities to:

Following the hearing and in addition to compliance with all SEQR requirements, the Town Board shall, before taking action, refer the proposal for review and comment to other governmental agencies as may be required and may refer the proposal to the Planning Board and other Town boards and officials for review and comment. In order to approve an amenity/incentive proposal, the Town Board shall determine that the proposed amenity provides sufficient public benefit to provide the requested incentive. Thereafter, the Planning Board is authorized to act on an application for preliminary approval pursuant to Chapter 130, Subdivision of Land, and this chapter.

Following preliminary plan approval and subject to meeting all conditions established in conjunction with the approval of the preliminary plan, including all documentation required by the Town Attorney and Town Board on the amenity, the applicant may submit a final plan for review and approval.

Upon final plan approval, the Town Clerk shall affix a reference to the Official Zoning Map that this site was developed under the Town's incentive zoning provisions and include a reference to the date such action was taken.

Cash payment in lieu of amenity. If the Town Board finds that an on-site amenity is not suitable or cannot be reasonably provided, the Town Board may require a cash payment in lieu of the provision of the amenity. These funds shall be placed in a trust fund to be used by the Town Board exclusively for specific amenities to be described prior to the acceptance of 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 general and ordinary Town expenses.