[HISTORY: Adopted by the Town Board of the
Town of Wawayanda 4-3-2003 by L.L. No. 2-2003. Amendments noted where
applicable.]
The Town Board of the Town of Wawayanda hereby
finds that there is a present need for park and recreational facilities
in the Town, based on projected populated growth to which all residential,
industrial and commercial subdivisions and site plans will contribute.
The Town Board has determined that a unified, uniform system of parks
and recreational facilities centralized to meet the needs of the residents
of the entire Town is preferable to a rag-tag collection of scattered
and less usable recreational sites. Therefore, the Town Board determines
that it is a proper case that each residential, industrial and commercial
subdivision and site plan contribute recreational fees calculated
on the basis of the gross floor area of new construction resulting
from new subdivisions and site plans. The Town Board determines that
the provisions of this chapter are consistent with the purposes of
Town Law § 277(4) and that to the extent, if any, this chapter
may hereinafter be determined to be inconsistent, this chapter shall,
as provided in Article IX of the New York State Constitution and the
Municipal Home Rule Law, supersede such provisions in reference to
the Town of Wawayanda.
There is hereby imposed a fee in lieu of parkland
to be assessed upon real property in the Town of Wawayanda on which
new building construction takes place when such construction results
from subdivisions and site plans hereinafter approved. Such fees shall
be levied and collected in accordance with this chapter. Such fees
shall be called "recreation fees." The obligation to pay such fees
shall be a lien against the property which shall contain the new construction
as of the time of approval and shall be satisfied as hereinafter provided.
All monies collected pursuant to this section shall be deposited in
a trust fund to be used by the Town exclusively for park, playground
or other recreational purposes, including the acquisition of property
within the Town of Wawayanda. For purposes of this chapter, gross
floor area shall be defined in accordance with the definition in the
Building Code of New York State, otherwise known as the "Uniform Code."
The Town of Wawayanda may from time to time
establish the amount of such fees per square foot by resolution of
the Town Board. At least once a year, at the time of the reorganizational
meeting, the Town Board shall consider the adequacy, sufficiency and
fairness of the fees to be charged.
A.
Each subdivision plat or site plan hereinafter approved
shall contain a note indicating that any property on which new buildings
may be constructed shall be subject to the lien of recreational fees
to be calculated on the gross floor area of new buildings constructed
thereon. At the time of approval, the owner of the real property shown
on such plat or plan shall file a covenant in the book of deeds at
the Orange County Clerk's office giving notice of the lien of the
recreation fees and referencing this chapter. The failure of such
owner to file such covenant shall not in any way impair or limit the
power to collect such fees as hereinafter provided.
B.
At the time of issuance of building permits, the applicant
shall pay, in addition to such other fees that may be due, the recreation
fees for the gross floor area of buildings being constructed. Payment
shall be in an amount equal to the amount of the recreation fee currently
in effect multiplied by the square footage of gross floor area of
the buildings being constructed.
C.
In the event that such fee is not paid at the time
of issuance of the building permit, the amount of such fee shall remain
a lien against the property and shall accrue interest from such time
at the rate of not less than 9% or the judgment rate then current,
whichever shall be greater. No Town official shall issue a certificate
of occupancy or other report concerning such property unless such
official has determined that the fees required hereby have been paid,
that the parcel existed prior to the date of this chapter and does
not require site plan approval, that the parcel is shown on a plat
or site plan approved prior to the date of this chapter, or that the
property is otherwise exempt from this chapter.
The Town Board may, by resolution, exempt any
property from payment of the recreation fees required by this chapter
upon a determination that the property owner has dedicated or donated
to the Town property of equal or greater value than the estimated
recreation fees which would otherwise be payable. The Town Board's
determination of such value shall be final.
The neglect or failure of the Town to collect
such recreational fees at the time when such fees are due shall not
waive the Town's right to collect such fees, together with interest
thereon.
In the event the Town Board determines such
fees are due and owing but have not been paid, the Town Board shall,
after notice to the property owner and the provision of an opportunity
to be heard, assess such recreational fees, together with interest
and costs related to such assessment, against such real property.
Notice by certified mail to the address shown on the Town's latest
assessment roll at least 10 days prior to the date of the hearing
shall be deemed good and sufficient notice. Such assessment shall
be levied on the annual state, county and Town real property tax bill.
