[HISTORY: Adopted by the Town Board of the Town of Boston 5-2-1990
by L.L. No. 4-1990. Amendments noted where applicable.]
This chapter shall be known as the "Recreation Trust Fund Law of the
Town of Boston, New York."
It is the intention of the Town Board of the Town of Boston, in enacting
this chapter, to supersede the provisions of § 274-a of the Town
Law of the State of New York to provide, as an additional condition for site
plan approval, the requirement that recreational land be set aside by the
developer or a fee paid in lieu of setting aside such recreational land as
hereinafter provided. This chapter is enacted under Municipal Home Rule Law
§ 10, Subdivision 1(i)d(3), which said section allows the Town to
amend or supersede, in its local application, any provision of the Town Law
relating to the property, affairs or government of the Town.
[Amended 10-4-2000 by L.L. No. 2-2000]
Any project which requires site plan approval by any board or agency
of the Town of Boston under the Town of Boston Zoning Ordinance[1] or any local law established and which involves the construction
of structures containing three or more dwelling units shall set aside 10%
of the site for the provision of park and/or recreational facilities. If provision
of such facilities, within the judgment of the agency or board of the Town
of Boston charged with granting such approval, is impractical because of the
particular layout of the development or for other reasons, a recreation fee
as shall be set forth in the Schedule of Fees, as adopted by the Town Board
of the Town of Boston, shall be submitted prior to approval of the application
for site plan approval, unless such other terms and conditions are entered
into, in writing, between the applicant and the Town of Boston.
The Town of Boston hereby establishes a Recreation Trust Fund to be
administered by the Town Board of the Town of Boston for the purpose of improving
existing land owned by the Town of Boston and used by said Town for recreational
purposes or for acquiring and improving such additional land as may be appropriate,
in the judgment of the Town Board, subject to the other applicable provisions
of the Town Law.
All recreation fees paid pursuant to this chapter and any amendments
thereto shall be deposited in the Recreation Trust Fund account and used for
the purposes hereinabove established. In addition, any recreation fee imposed
under the Subdivision Regulations[1] of the Town of Boston as a condition of subdivision approval shall
be paid into such Recreation Trust Fund and shall be administered in the manner
hereinabove set forth.
