A. 
Applicability. This section shall apply to all subdivisions for which an application is submitted after the effective date of this Zoning Law.
B. 
Standards and procedures. The following table sets forth the type of subdivision layout permitted in the applicable zoning district:
[Amended 9-16-2021 by L.L. No. 1-2021]
Type of Subdivision Allowed
Zoning District
Type of Subdivision (2)
Conventional
Conservation
Recommended Design*
R and WP
Major - 30 or more lots
—
▪
Traditional neighborhood hamlet
Major - 15 to 29 lots
—
▪
Rural hamlet
Major - 5 to 14 lots
□
▪
Rural cluster
Minor - 2 to 4 lots
▪
▪
Rural cluster
AG-O
Major - 30 or more lots
—
▪
Traditional neighborhood hamlet
Major - 15 to 29
—
▪
Rural hamlet
Major - 5 to 14 lots
—
▪
Rural hamlet
Minor - 2 to 4 lots (1)
▪
▪
Rural cluster
Hamlet Districts
Major - 5 or more lots
▪
▪
To be determined by PB
Minor - 2 to 4 lots
▪
▪
Rural cluster
NOTES:
▪
=
Permitted by right with subdivision approval.
□
=
The Planning Board may permit this type of subdivision, subject to waiver findings as per § 275-31F.
—
=
Conservation subdivision design is required.
(1)
=
The Planning Board may require a minor subdivision to be designed as a conservation subdivision where it finds that a conventional subdivision would have an impact on the preservation of agricultural resources, open space or the preservation of natural resources.
(2)
=
No more than four lots may be subdivided in the form of a conventional subdivision from any "parent" parcel on the effective date of this Zoning Law. Any subsequent subdivision of land shall be designed as a conservation subdivision and adhere to the requirements of § 275-31G.
*
Appendix B describes the design standards for conservation subdivisions.[1]
[1]
Editor's Note: Appendix B is included as an attachment to this chapter.
A. 
Authority. In accordance with the provisions of § 278 of the New York State Town Law, the Town Board hereby authorizes the Planning Board to approve a conservation subdivision simultaneously with the approval of a plat or plats. For purposes of this Zoning Law, a cluster development as authorized by the New York State Town Law is referred to herein as a "conservation subdivision." The purpose of a conservation subdivision is to enable and encourage flexibility of design and development of land in such a manner as to preserve the natural and scenic qualities of open lands.
B. 
Purposes.
(1) 
The Town of Pine Plains wishes to preserve its open space and agricultural land, and in accordance with the principles of traditional compact patterns of development, including building patterns exhibited in the Town's traditional hamlets, using flexible regulations for density and lot dimensions.
(2) 
In order to increase design flexibility, two or more contiguous properties, including parcels separated by a Town, county, state or private road, may be grouped together as one conservation subdivision, provided the parcels are in common ownership and are merged by deed into one parent parcel.
(3) 
A conventional subdivision is a subdivision that complies with the minimum lot, yard, and height regulations set forth in the Table of Bulk Regulations[1] without setting aside land as permanently protected open space. The Town wishes to discourage this type of subdivision where it will have a negative impact on the Town's rural and agricultural landscape and natural resources.
[1]
Editor's Note: Table B, Table of Bulk Regulations, is included as an attachment to this chapter.
(4) 
In accordance with § 275-30B, the Town requires the use of conservation subdivision design as an alternative to conventional subdivision design. A conservation subdivision allows for the preservation of contiguous open space and the protection of important, sensitive environmental features and agricultural resources, by allowing design flexibility that is not allowed for a conventional subdivision. A conservation subdivision also affords an opportunity to reduce the extent of public highway expansion and other infrastructure improvements necessary to serve the subdivision.
(5) 
The application of the provisions of this section shall be guided by the important physical, cultural, and natural features of the particular property under review as set forth below.
C. 
Number of lots or dwelling units in a conservation subdivision. The maximum permitted number of lots or dwelling units within a conservation subdivision shall not exceed the number that would be achieved if the land were subdivided into lots conforming to the minimum lot size requirement applicable to the district in which the land is situated, which shall be computed as follows:
(1) 
The maximum number of lots or dwelling units shall be determined by one of the following methods selected by the applicant:
(a) 
Yield determination without submission of a conventional plan.
[1] 
Environmental constraints shall be subtracted from the gross lot area of the property as per § 275-16, Minimum lot area.
[2] 
The net lot area of the property shall be reduced by 15% to adjust for that area that would be required for streets in a conventional subdivision and to account for irregular lots. For a minor subdivision designed as a conservation subdivision, the Planning Board may waive this requirement where the Board finds that a road would not be constructed as part of a conventional subdivision plan given the limited size of the property and number of proposed lots associated with it.
[3] 
The resulting net area shall be divided by the minimum required lot area for a single-family dwelling in the district in which the property is located to determine the total number of lots or dwelling units permitted. The maximum number of lots or dwelling units is referred to as the "base residential yield."
(b) 
Yield determination with submission of a conventional plan. As an alternative to the above formula, the applicant may submit a subdivision plat meeting all bulk requirements of the district in which it is located as set forth in Table B of this Zoning Law.[2] The conventional subdivision layout shall demonstrate that each individual lot conforms to § 275-16, Minimum lot area.
[2]
Editor's Note: Table B, Schedule of Bulk Regulations, is included as an attachment to this chapter.
(2) 
The base residential yield may be increased where: incentive zoning has been approved by the Town Board; an affordable housing density bonus has been granted; and/or preexisting lots of record have been approved by the Town Board. All of these lots or dwellings shall be laid out to conform to the requirements set forth in this section. The sum of all dwellings and/or lots developed in conjunction with a subdivision shall be the "maximum residential yield."
(3) 
Where a conservation subdivision has been fully platted to accommodate the maximum residential yield of the applicable property, a note shall be added to the subdivision plat indicating that the lots created represent the maximum number of lots permitted in accordance with the applicable zoning district and these regulations and that no further subdivision is permitted other than lot line adjustments, where allowed by the Planning Board.
(4) 
On any conservation subdivision plan, whether platted based on maximum or partial yield, the maximum residential yield shall be noted on the subdivision plan prior to filing in the office of the Dutchess County Clerk.
D. 
Protected open space. At least 50% of the gross area of a conservation subdivision shall be set aside as protected open space. Large conservancy lots of five acres or more may comprise some or all of the required protected open space. Lots and dwellings shall be arranged to preserve the primary and secondary conservation features of the land. No less than 80% of a conservancy lot shall be set aside as required protected open space.
E. 
Design standards. The design of a conservation subdivision shall be guided by the design standards set forth in Appendix B of this Zoning Law.[3] The Planning Board may waive a design standard set forth in Appendix B where it finds that said waiver shall not have the effect of nullifying the purpose and intent of this section, the Zoning Law, and the goals and objectives of the Pine Plains Comprehensive Plan. Nothing herein shall be construed to permit a waiver of any other requirements set forth in this Article VII or the Zoning Law.
[3]
Editor's Note: Appendix B is included as an attachment to this chapter.
F. 
Waiver allowing a conventional subdivision layout. These waiver provisions shall apply major subdivisions consisting of five lots to 14 lots in the R and WP Districts, except in no circumstance shall these provisions apply to property zoned AG-O. Conventional subdivisions shall be allowed only upon issuance of a waiver of the requirements of a conservation subdivision, including the design standards set forth in Appendix B,[4] by the Planning Board. The applicant must demonstrate to the satisfaction of the Planning Board that the conventional layout better fulfills the policies and goals of the Pine Plains Comprehensive Plan, compared with a conservation subdivision design for the property.
[4]
Editor's Note: Appendix B is included as an attachment to this chapter.
G. 
Phasing/Partial subdivision.
(1) 
When an application includes only a portion of a property, the Planning Board may require that a sketch subdivision plan be submitted illustrating future potential subdivision of the remaining property to ensure that future development is consistent with the purposes of this section. When required by the Planning Board, the applicant shall determine the maximum residential yield of the property to avoid piecemeal design and ensure that the subdivision shall protect the important aspects of the property.
(2) 
Where up to four lots have been subdivided from a parent parcel, i.e., a parcel in existence on the effective date of this Zoning Law, any subsequent subdivision of the remainder of the parent parcel shall be designed as a conservation subdivision in accordance with the requirements of this section. This provision shall not apply to any proposed subdivision in a Hamlet District or subdivisions of five lots to 14 lots granted a waiver in accordance with the requirements of Subsection F above. For subdivisions in the R and WP Districts granted a waiver, any future subdivision of the parent parcel exceeding 14 lots shall be designed as a conservation subdivision.
H. 
Uses. Permitted, accessory and special uses shall be the same as allowed in the zoning district in which the subdivision is located. Except for single-family dwellings, all other uses shall meet the requirements of this Zoning Law, including the minimum bulk requirements set forth in the Table of Bulk Regulations.[5] The dwellings permitted may be, if requested by the applicant and at the discretion of the Planning Board, in detached, semidetached, attached and multifamily dwellings. Semidetached, attached and multifamily dwellings shall meet the design requirements set forth elsewhere in this Zoning Law.
[5]
Editor's Note: Table B, Table of Bulk Regulations, is included as an attachment to this chapter.
I. 
Dimensional requirements. The following dimensional requirements shall apply to single-family detached dwellings on conservation subdivision lots:
(1) 
Minimum lot frontage: 50 feet.
(2) 
Minimum required front yard: 20 feet.
(3) 
Minimum required rear yard: 40 feet.
(4) 
Minimum required side yard: 15 feet.
(5) 
Maximum building height: 35 feet.
(6) 
Maximum impervious coverage: 35% on each individual lot.
(7) 
Minimum lot area. The minimum lot area shall be the minimum necessary to obtain Dutchess County Department of Health approval for water supply and wastewater treatment. The Planning Board, in its discretion, shall approve minimum lot area based on review of the subdivision and its ability to meet the purposes of this section of the Zoning Law.
J. 
Conservation subdivision review and approval process. The following information shall be submitted to the Planning Board:
(1) 
Yield map. The applicant shall submit a map illustrating the features set forth in § 275-16, Minimum lot area, and calculations establishing the proposed maximum number of lots in accordance with Subsection C, Number of lots or dwelling units in a conservation subdivision. The Planning Board, upon review of the yield plan, shall establish the base residential yield by resolution.
(2) 
Conservation resources map.
(a) 
A conservation resources map shall be submitted illustrating the following primary and secondary conservation features located on the property, and within 200 feet of the property boundary, to the extent said data are available in the public record for the adjoining properties:
[1] 
Primary conservation features:
[a] 
Slopes of 25% or greater and ridge lines.
[b] 
Surface water resources, including but not limited to wetlands, watercourses, water bodies and the one-hundred-year floodplain.
[c] 
Any habitat identified by the NYSDEC Natural Heritage Program as critical habitat associated with any species identified on the New York State or federal listings of rare, threatened, endangered or special concern species.
[2] 
Secondary conservation features:
[a] 
Properties or features listed or eligible for listing on national, state or local historic registers.
[b] 
Scenic and recreational resources identified in the Town's Comprehensive Plan.
[c] 
NYSDEC, Dutchess County, or Town-designated critical environmental areas, or unique natural or geological formations.
[d] 
Outlines of the vegetative cover conditions on the property, including, but not limited to: cultivated land, grassland, old field, stone walls, hedgerow, woodland and wetland, and the actual canopy line of existing trees and woodlands.
[e] 
Existing or planned routes of trails, bikeways, and pedestrian facilities as per comprehensive or resource plans of local, county, state, federal or regional agencies.
[f] 
Location of existing streets, buildings, utilities and other improvements.
[g] 
All easements and other encumbrances affecting development of the subject property.
[h] 
Contiguous areas in public or private ownership set aside as open space.
(b) 
In consultation with the applicant, the Planning Board shall identify and prioritize features to be conserved. On the basis of those priorities, and considering the context of the subdivision to resources on adjoining properties and the applicant's development objectives, conservation areas shall be delineated so as to set aside at least 50% of the gross lot area of the property subject to the application as protected open space.
(3) 
Sketch subdivision plan. After Planning Board review of the conservation resources map, the applicant shall submit a sketch subdivision plan identifying primary and secondary conservation features, and proposed building sites as follows:
(a) 
Location of building sites. Building envelopes shall be located within the potential development area. The Planning Board may require that building envelopes be set back a minimum distance from a primary conservation area or secondary conservation area to protect said resource.
(b) 
Align streets and trails. Lots shall be logically arranged to allow adequate vehicular access to a street, complying with the standards identified herein and bearing a logical relationship to topographic conditions. Disturbances to wetlands and slopes exceeding 25% shall be avoided to the maximum extent practicable. Street connections to adjoining properties are encouraged to reduce the introduction of dead-end roads wherever possible. However, the Planning Board may permit a cul-de-sac where it finds that a cul-de-sac is requisite to the preservation of open space and is necessary to avoid construction of an excessive length of road. All requirements of the Town of Pine Plains Highway Specifications, as may be revised from time to time, shall be met.
(c) 
Lot lines shall be drawn to define individual lot boundaries.
(d) 
The sketch subdivision plan shall demonstrate compliance with the subdivision design standards set forth in Appendix B of this Zoning Law[6] unless the standards have been waived by the Planning Board in accordance with Subsection E of this section.
[6]
Editor's Note: Appendix B is included as an attachment to this chapter.
(4) 
A preliminary plat shall be submitted following Planning Board review and endorsement of the sketch subdivision plan. Endorsement of the sketch subdivision plan shall not be deemed to be approval of the preliminary or final subdivision plan. All other procedures and submission requirements of Chapter 230, Subdivision of Land, related to preliminary and final subdivision plat approvals shall be followed.
A. 
Permanent protection. All open space land required to be protected by this Zoning Law shall be permanently restricted from future subdivision and development other than those limited activities that are found to be consistent with the intent of protecting open space. No development shall be permitted in the protected open space land except as otherwise approved by the Planning Board in accordance with this section, the subdivision regulations,[1] and other sections of this Zoning Law. Land required to be permanently protected as open space shall be protected by a perpetual conservation easement authorized under Article 49, Title 3, of the Environmental Conservation Law or § 247 of the General Municipal Law. Such easement shall be granted to a qualified not-for-profit conservation organization acceptable to the Planning Board or to the Town, with the approval of the Town Board. Other instruments, such as deed restrictions, acceptable to the Town Attorney, may also be used to protect open space in the event there is no available grantee qualified and willing to hold a conservation easement. Regardless of the method chosen, the permanent preservation of such open space shall be legally assured to the satisfaction of the Planning Board and the Town Attorney. In the event that the conservation easement is granted to a not-for-profit conservation organization, the Town shall be granted third-party enforcement rights to enforce the terms of the easement.
[1]
Editor's Note: See Ch. 230, Subdivision of Land.
B. 
Ownership. Unless indicated otherwise, the following methods may be used, either individually or in combination, for ownership of open space land and/or common facilities: fee simple dedication to the Town; a bona fide not-for-profit conservation organization or land trust; homeowners' association; or non-common private ownership in the case of a conservancy lot.
C. 
Ownership methods described. Common facilities and protected open space land shall only be transferred to another entity as permitted under this section. Each deed to each lot sold shall include by reference all recorded declarations, such as covenants, restrictions, easements, charges and liens, dedications and other restrictions, including assessments and the provision for liens for nonpayment of such. Any such legal instruments shall also be noted on any site plan or subdivision plat to be filed in the office of the Dutchess County Clerk. Proof of filing of the legal instruments established to protect the open space shall be provided to the Town Attorney, who shall review and approve said legal instruments prior to filing or simultaneously with the filing of any final plan. Ownership options are as follows:
(1) 
Fee simple dedication to the Town. The Town may, but shall not be required to, accept any portion of the protected open space land and/or common facilities that the applicant may wish to offer, provided that the Town agrees to, and has access to maintain, such land and/or facilities.
(2) 
Homeowners' association (HOA). Common facilities and protected open space land may be held in common ownership by a homeowners' association, subject to all of the provisions for homeowners' associations set forth in state statutes and subject to the following provisions:
(a) 
The HOA shall be established as an incorporated, not-for-profit corporation operating under recorded land agreements through which each lot owner and any succeeding owner is automatically a member and each lot is automatically subject to a charge for a proportional share of the expenses for the corporation's costs.
(b) 
Title to all common property and protected open space shall be placed in the HOA or definite and acceptable assurance shall be given that it automatically will be so placed within a reasonable period of time, in no instance more than one year from issuance of a building permit.
(c) 
Each lot(s) owner shall have equal voting rights in the association and shall have the right to the use and enjoyment of the common property.
(d) 
Once established, all responsibility for the operation and maintenance of the common property and protected open space approved at the time of site plan or final subdivision approval shall lie with the HOA. Under no circumstances shall said association approve any alteration or use or construction of structures in the common areas except in accordance with the plans approved by the Planning Board.
(e) 
Dedication of all common property and protected open space shall be recorded on the site plan or subdivision plat and by reference made on the plans to such a dedication in a separately recorded document. Resubdivision of such area is prohibited. The dedication shall include, among other provisions:
[1] 
Reserve the title of the common property for the homeowners' association free of any cloud of implied public dedication, except that in the event that the HOA ceases to exist or to function as an entity, the HOA documents shall provide that such property is subject to an offer of dedication to the Town, subject to the provisions of the conservation easement.
[2] 
Commit the developer to convey the areas to the homeowners' association at any approved time.
[3] 
Grant easements of enjoyment over the area to the lot owners.
[4] 
Give to the homeowners' association the right to borrow for improvements upon the security of the common areas.
[5] 
Give to the homeowners' association the right to suspend membership rights for nonpayment of assessment or infraction of published rules.
[6] 
A homeowners' association shall be perpetual and shall purchase insurance, pay taxes, specify in its charter and bylaws an annual homeowners' fee, provide for assessments and establish that all such charges become a lien on each property in favor of said association. A homeowners' association shall have the right to proceed in accordance with all necessary legal action for the foreclosure and enforcement of liens, and it shall also have the right to commence action against any member for the collection of any unpaid assessment in any court of competent jurisdiction.
(f) 
Whenever a HOA is proposed, the Town Board shall retain the right to review and approve the organizational and governance documents of said association and to require whatever conditions it shall deem necessary to ensure that the intent and purpose of this section are carried out.
(3) 
Private conservation organization, land trust. With approval by the Planning Board, an owner may transfer fee simple title of required protected open space land to a private, nonprofit conservation organization qualified to own and manage the land.
(4) 
Private ownership of a conservancy lot.
D. 
Public use easements. The Town may, but shall not be required to, accept an easement for public use of any portion of the required protected open space land or facilities which may be offered by the applicant. In such cases, the land and/or facility shall remain in the ownership of the homeowners' association, private conservation organization or conservancy lot owner while the Town holds the easements. A satisfactory maintenance agreement for the land and/or facility shall be reached between the owner and the Town.
E. 
Maintenance.
(1) 
Unless otherwise agreed to by the Town Board, the cost and responsibility of maintaining common facilities and required protected open space land shall be borne by the owner.
(2) 
The applicant shall, at the time of site plan or final plan application submission, provide a plan for maintenance of required protected open space lands and operation of common facilities in accordance with the following requirements:
(a) 
The plan shall define ownership.
(b) 
The plan shall establish necessary regular and period operation and maintenance responsibilities for the various kinds of open space such as lawns, playing fields, meadow, pasture, cropland, and woodlands.
(c) 
The plan shall estimate staffing needs, insurance requirements, and associated costs, and define the means for funding the maintenance of the protected open space land and operation of any common facilities on an ongoing basis. Such funding plan shall include the means for funding long-term capital improvements as well as regular yearly operating and maintenance costs.
(d) 
Any changes to the maintenance plan shall be approved by the Planning Board and said requirement shall be provided for in the conservation easement.
(3) 
The conservation easement for the protected open space land shall provide that the holder and/or the Town may enter the premises, after notice, and failure of the property owner to comply and take corrective action, including necessary maintenance in accordance with the plan. The easement shall further provide that the costs of such corrective action are the responsibility of the property owner or the entity responsible for carrying out the maintenance plan and shall include administrative costs and penalties. Such costs shall become a lien on said property. Notice of such lien shall be filed by the Town in the office of the County Clerk. The Town or the holder will have, through the easement, the right to enforce the easement as provided in Article 49, Title 3, of the State Environmental Conservation Law or § 247 of the General Municipal Law. The Town or other holder shall be entitled to recover damages for violation of the terms of the conservation easement or injury to any conservation values protected by the easement, including, but not limited to, damages for the loss of scenic, aesthetic or environmental values. All reasonable costs of enforcement incurred by the Town or other holder, including costs for restoration, shall be borne by the landowner; provided, however, that if the landowner ultimately prevails in a judicial enforcement action, each party shall bear its own costs.
F. 
Baseline documentation; endowment for stewardship and enforcement of conservation easement; other costs.
(1) 
The applicant shall prepare a baseline document, or pay for such preparation by the holder of the conservation easement, showing the existing condition of the protected open space land as of the date of the conservation easement pursuant to the regulations for such documentation set forth in Treasury Regulations 1.170-14(g)(5)(i).
(2) 
Contributions to stewardship endowment and enforcement fund. The Planning Board, in its discretion, may require that an applicant pay the conservation easement holder funds designed to cover the future costs of monitoring and enforcing the conservation easement to ensure compliance with its terms. Such funds shall be kept in segregated accounts for such purposes and the amounts shall be established based upon the projected future costs of monitoring, administration, and enforcement, as well as consideration of prevailing rates for such endowments and enforcement funds required in connection with easements donated to land trusts in the general vicinity. In establishing such payments, consideration shall also be given to the amount of development permitted within close proximity to the protected land.
(3) 
Where the required open space land is located on conservancy lots or in close proximity to permitted development areas, the applicant may be required to deposit funds into an escrow account which may be drawn upon to ensure that owners of private lots do not encroach into the land protected by the conservation easement.
(4) 
Where improvements will be made within the open space land, which, if left incomplete, may create a nuisance, safety hazard, environmental damage, or aesthetic blight, the Planning Board may require the posting of a bond or other form of security to ensure completion of such improvements.
G. 
Marking of conservation easement boundaries. In order to facilitate compliance with the provisions of a conservation easement, the Planning Board shall require physical marking in the field of the boundaries of the land area protected by the conservation easement, using methods such as fencing, concrete markers, or hedges, as appropriate to site conditions and consistent with the conservation purposes of the easement.
In the R and WP Districts, a lot in existence on the effective date of this Zoning Law that is less than 10 acres in net lot area may be subdivided so as to create one additional lot, provided the following requirements are met:
A. 
The minimum net lot area of each lot created shall be one acre.
B. 
The lot is legally in existence and meets all other bulk dimensions set forth in the § 275-15 schedule of bulk requirements for the applicable zoning district.[1]
[1]
Editor's Note: See the Table of Bulk Requirements included as an attachment to this chapter.
C. 
The lot meets all Dutchess County Department of Health regulations for public water supply and wastewater treatment (septic) systems.
D. 
The lot is used for a single-family or two-family dwelling.
E. 
A note shall be placed on the map that no further subdivision of the lots shown thereon is permitted.
A. 
Purpose. The purpose of this section is to encourage the elimination of lots of record created pursuant to subdivisions approved by the Planning Board prior to the enactment of this Zoning Law which are made nonconforming by this Zoning Law, and to encourage the replatting of those lots as part of new subdivisions which adhere to the requirements, and purposes, of this Zoning Law.
B. 
Power of Town Board. The Town Board shall have the authority, upon application of a property owner, to grant a density credit of one dwelling for each existing lot of record upon the following terms and conditions:
(1) 
The existing lot is part of a subdivision plat approved by the Town of Pine Plains Planning Board in accordance with the Town of Pine Plains Subdivision Regulations in existence at the time of the approval, and after the approval the subdivision plat was filed in the office of the Dutchess County Clerk in a timely manner pursuant to the requirements of the Town Law.
(2) 
The lot within the previously approved subdivision does not conform to the bulk requirements of the zoning district in which it is located, as prescribed by this Zoning Law.
(3) 
The lot is reconfigured or subsumed by a new subdivision application which achieves the design standards and intent set forth in this Article VII, including Appendix B of this Zoning Law.[1]
[1]
Editor's Note: Appendix B is included as an attachment to this chapter.
(4) 
(Reserved)[2]
[2]
Editor's Note: Former Subsection B(4), regarding resubdivision as part of a New Neighborhood Development Zone, was repealed 9-16-2021 by L.L. No. 1-2021.
(5) 
The density credit will be in addition to the density which the property owner would be entitled to by application of the provisions of Article IV and Article VII of this Zoning Law, and any density bonuses which the property owner may be entitled to by application of § 275-22, § 275-23 and § 275-28E of this Zoning Law. However, the land area comprising the existing subdivision lots of record shall not be included in determining the base residential yield of any subdivision of which it is a part.
[Amended 9-16-2021 by L.L. No. 1-2021]
C. 
Procedure. An applicant for a subdivision shall submit an application to the Town Board for this density credit simultaneously with the application for the subdivision, or simultaneously with the petition for zoning, pursuant to § 275-28 of this Zoning Law, as the case may be.
[Amended 9-16-2021 by L.L. No. 1-2021]
(1) 
The application shall be on a form provided by the Town Clerk and shall specify the density credit being applied for, and provide all documentation, facts and circumstances which support the granting of such density credit.
(2) 
If the application is in conjunction with a subdivision application, the applicant shall provide a copy of the subdivision application to the Town Board. The Town Board shall refer the density credit application to the Planning Board for a written report and recommendation. The Planning Board shall issue its report and recommendation for approval, denial, or approval in part of the applicant's request for credit within 30 days of the date of its receipt of the referral from the Town Board in the case of a subdivision application. Failure of the Planning Board to issue its report and recommendation within the time periods prescribed shall be deemed to be an approval by the Planning Board of the applicant's request for credit.
(3) 
The Town Board shall hold a public hearing in conjunction with the application for credit and shall comply with the public hearing and notice requirements prescribed in the Zoning Law and Subdivision Regulations for subdivision application hearings.
D. 
Decision of Town Board.
(1) 
The Town Board, after receipt of the report and recommendation of the Planning Board, if such report and recommendation is submitted, and after the conduct of the public hearing, shall determine whether to:
(a) 
Grant the applicant's request for credit;
(b) 
Deny the applicant's request for credit; or
(c) 
Grant the applicant's request for credit in part.
(2) 
In making its determination, the Town Board shall consider if, on balance, the grant of the credit, in whole or in part, will result in land development more beneficial to the Town than land development that could occur in conjunction with the original subdivision approval.