[Amended 5-31-2005 by L.L. No. 4-2005]
A. Where the Planning Board determines, with respect
to a particular plat, that a reservation of land would be inadequate
in size for park or recreational use, either along or in conjunction
with abutting reservations on adjoining properties, or otherwise inappropriate
for such use, the Planning Board shall waive and replace such requirement
with a condition that, instead of a reservation of land, the applicant
shall, in advance of endorsement of the plat by the Chairman, make
to the Town a payment by certified check in an amount corresponding
to the rate established by resolution of the Town Board per approved
single-dwelling lot, or in the case of multiple dwellings, the amount
established per single unit or per bedroom.
B. The Town Board is authorized to establish the amount
to be paid as a condition of approval instead of a reservation of
land upon the recommendation of the Planning Board, which shall periodically
make such recommendation after inquiry to evaluate current facilities,
community needs, and comparative costs for acquisition of recreation
and parkland.
C. Such payment shall be held in a special Park and Recreation
Site Acquisition and Improvement Fund, to be used for the acquisition
of sites that are properly located for neighborhood park, playground
or recreational purposes or for the physical improvement of such sites
or for eligible equipment.
Where the Planning Board finds that, because
of special circumstances of a particular plat, extraordinary hardships
may result from strict compliance with these regulations, it may adjust
the regulations so that substantial justice may be done and the public
interest secured, provided that any such adjustment will not have
the effect of nullifying the intent and purpose of this chapter, the
Town Master Plan or the Official Map of the town. In granting any
adjustment, the Planning Board shall attach such conditions as are,
in its judgment, necessary to secure substantially the objectives
of the standards or requirements so adjusted.