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Town of Livonia, NY
Livingston County
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[HISTORY: Adopted by the Town Board of the Town of Livonia as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Subdivision of land — See Ch. 125.
[Adopted 4-7-2005 by L.L. No. 1-2005]
It is the purpose of this article to promote the public health, safety and general welfare, and the Town Board of the Town of Livonia hereby affirms that providing for the continued use, enjoyment, maintenance and expansion of the recreational facilities and opportunities of the residents of the Town is an important matter of public policy. It is the intention and purpose of this article to establish a recreational fee to be imposed on each new residential living unit constructed within the Town of Livonia, said funds to be used at the discretion of the Town Board for the operation, maintenance and improvement of existing recreation facilities and/or programs and for possible expansion of recreational facilities and/or recreational programs.
Unless specifically defined below, words or phrases used in this article shall be interpreted so as to give them the meanings they have in common usage and to give this article its most reasonable application.
MULTIFAMILY DWELLING, TWO-FAMILY DWELLING AND APARTMENT
Have the same meanings as ascribed to them in Chapter 150, Zoning, § 150-5, of the Livonia Code.
RESIDENTIAL LIVING UNIT
An individual living area within a structure, said area having one or more rooms providing independent living facilities for one family, including facilities for cooking, living and sleeping. Structures that have more than one living unit (multifamily dwelling[s], two-family dwelling[s] and apartments) shall be considered to have the same number of residential living units as the number of families which are intended to be able to occupy the premises independently of each other.
A. 
Upon application for a building permit for any new residential construction of a residential living unit as defined above, an applicant will be required to pay a fee set from time to time by resolution of the Town Board and to be evidenced on a fee schedule on file at the appropriate Town offices. The applicant shall pay said fee for each residential living unit within the proposed structure covered by the building permit. Said fees shall be made payable to the Town of Livonia and shall be designated as funds intended to be used exclusively for purposes consistent with the operation, maintenance and improvement of existing recreation facilities and/or programs and for possible expansion of recreational facilities and/or recreational programs.
B. 
The Town Board may from time to time (in its sole discretion) resolve to change the recreational fee.
C. 
All funds collected pursuant to this article shall be held and administered in a manner consistent with law and generally accepted accounting principles.
It is not intended that this article shall amend or supersede any provision of Article 16 of the Town Law, and particularly § 277, Subdivision 4, of the Town Law.
This article shall be effective June 1, 2005.