[HISTORY: Adopted by the Town Board of the Town of Manchester at
time of adoption of Code (see Ch. 1, General Provisions, Art. I). Amendments
noted where applicable.]
A.Â
The intent of this chapter is to establish standards
for playground development and the maintenance and/or funding of playground
equipment, within the playgrounds and recreation areas in the Town of Manchester;
to promote and protect the health, safety, convenience and general welfare
of the people in accordance with the Comprehensive Plan establishing guidelines
and criteria for open space, parklands and playgrounds.
B.Â
Playgrounds should allow children to develop progressively
and test their skills by providing a series of graduated challenges. The challenges
presented should be safe and appropriate for age-related abilities and should
be the type of challenges that children can perceive and choose to undertake.
C.Â
Therefore, age-appropriate playground designs with reasonable
accommodations to the known physical or mental limitations of the children
making it possible for an individual with a disability to enjoy an equal opportunity
as provided in the Americans with Disabilities Act (ADA). The playground should
accommodate these differences with regard to the type, scale, and layout of
equipment throughout the Town of Manchester.
Land for park, playground or other recreational purposes as defined
in § 277 of Town Law, Subdivision review; approval of plats; shall
apply and include the following uses but not be limited to them:
In playground age-use design, the following terms shall be interpreted
as follows:
As used in this chapter, the following terms shall have the meanings
indicated:
An area designed to be used as a park or playground situated within
a municipality and/or the Town of Manchester.
The fall height below which a life-threatening head injury would
not be expected to occur.
Any elevated surface for standing, walking, sitting or climbing,
or a flat surface greater than two inches wide having an angle less than 30%
from horizontal.
A slide that follows the contour of the ground and at no point is
the bottom to the chute greater than 12 inches above the surrounding ground.
Any condition that impedes withdrawal of a body or body part that
has penetrated an opening.
A means for anchoring playground equipment to the ground.
An enclosing device around an elevated platform that is intended
to prevent inadvertent falls from the platform.
Material(s) used in a protective barrier to prevent a user from passing
through the barrier, e.g., vertical bars, lattice, solid panel, etc.
A material used for protective surfacing in the use zone that consists
of loose particles such as sand, gravel, wood fibers, or shredded rubber.
A component of playground equipment that significantly deforms or
deflects during the normal use of the equipment.
An active recreational area with a variety of facilities including
equipment for younger children that can vary in size from 1,000 square feet
to 25,000 square feet.
Children two years of age through five years of age.
An enclosing device around an elevated platform that is intended
to prevent both inadvertent and deliberate attempts to pass through the barrier.
Surfacing material in the use zone that meets the current and the
standards set forth in publication No. 325, Section 4.5 of the US Consumer
Product Safety Commission in accordance with ASTM F1292.
A place designed and equipped for the conduct of sports and leisure-time
activities.
A recreation facility operated as a business and open to the public
for a fee.
A recreation facility provided as an accessory use on the same lot
as the principal permitted use and designed to be used primarily by the occupants
of the principal use and their guests.
A recreation facility open to the general public usually owned and
operated by a governmental agency.
A residential development planned, maintained, operated, and integrated
with a major recreation facility, such as a golf course, ski resort, or marina.
A slide that has a chute consisting of a series of individual rollers
over which the user travels.
Children five years of age through 12 years of age.
The inclined sliding surface of a slide.
Any play structure which does not move or does not have component
that move during its intended use.
A swing generally appropriate for children under four years of age
that provides support on all sides of the occupant.
A slide in which the chute consists of a totally enclosed tube or
tunnel.
A manufactured material used for protective surfacing in the use
zone that may be rubber tiles, mats or a combination of rubber-like materials
held in place by a binder that may be poured in place at the playground site
and cures to form a unitary shock-absorbing surface.
Equipment designed to support a child by the hands only (e.g., horizontal
ladder, overhead swinging rings).
The surface under and around a piece of equipment onto which a child
falling from or exiting from the equipment would be expected to land.
The following shall be required:
A.Â
Site development plan.
B.Â
An engineer licensed in the State of New York shall certify
the playground design, placement of equipment, equipment, surfacing, maximum
safety and adequacy of playground size and equipment commensurate with a maximum
density or use of the application and shall be in conformance with this chapter.
Single-family residential homes are exempt.
C.Â
No park or playground shall be less than 15,000 square
feet. All playground equipment shall have the certification and shall be approved
by IPEMA (International Play Equipment Manufacturer's Association) in conformance to the ASTM (The American Society
for Testing and Materials) 1487-01 standard, Specifications for Playground
Equipment for Public Use. The current standard for certification shall apply.
Playground equipment shall carry the IPEMA logo. Publication No. 325 of the
US Consumer Product Safety Commission and or most current Handbook for Public
Playground Safety shall apply.
D.Â
Playground equipment shall be maintained. Equipment not
in repair, unsafe or uncertified shall be immediately secured from use, and/or
removed. Said equipment shall be made unavailable for use until approved repairs
or conditions are corrected.
E.Â
Protective surfacing shall be unitary or loose-fill maintained
in accordance with the voluntary standard for playground surfacing systems,
ASTM F1292 (The American Society for Testing and Materials):
(1)Â
At least 12 inches of wood chips, mulch, sand or mats
made of safety-tested rubber or rubber-like materials. This chapter and current
safety standards shall apply.
(2)Â
Surfacing extends at least six feet in all directions
from play equipment. This chapter and current safety standards shall apply.
(3)Â
For swings, the surfacing shall extend, in front and
back, twice the height of the suspending bar. This chapter and current safety
standard shall apply.
(4)Â
Structures more than 30 inches high shall be spaced at
least nine feet apart. This chapter and most current standard shall apply.
F.Â
Planning Board may waive requirements when reasonable
improvements or modifications are made commensurate with the standards set
forth by this chapter and applicable law or standards. All such waivers with
explanation for such action shall be set forth in writing and entered into
the minutes of the Planning Board. Exception: Site development plan may not
be waived.
A.Â
Alternative park or playground site shall be within 1/2
mile of said residence or facility or other permitted use.
B.Â
Disapproval may be exercised where appropriate conditions
are requisite in the interest of the public health, safety, and general welfare
or where conditions are inappropriate because of inadequacy or condition:
C.Â
Alternative park review.
(1)Â
The applicant shall demonstrate to the Planning Board
that there exists an alternative or preexisting park or playground site. The
site shall be suitably located and not more than 1/2 mile from said residence,
facility or other permitted use which may or may not be in accordance with
this section of this chapter.
(2)Â
The applicant may provide to the planning board a proposal,
design and implementation plan and schedule in writing for the use and or
improvements to said park, playground or other area. The application, design
and implementation plan shall be supported by a certified licensed New York
State engineer and seal, demonstrating that the park or parks are suitably
located and playground equipped, and adequate for the additional applied use.
This section of this chapter shall apply.
(3)Â
The Planning Board after its review shall refer said
application the Town Board with its written recommendations or recommendation
for rejection attached. The Town Board may accept or reject said proposal.
The Town Board upon review may require the applicant to pay such reasonable
costs of developing, engineering, or upgrading and maintenance of the proposed
facility.
(4)Â
The facility may be publicly or privately owned. A contractual
agreement to use, maintain or provide equipment to any such facility between
the owner and the applicant shall be provided and subject to approval by the
Planning Board.
A.Â
The Code Enforcement and/or Building/Zoning Officer shall
be responsible for the inspection of site, development, standards, safety
of equipment and site, improvements, and/or repairs, including coordination
with the Town Engineer and other officials and agencies, as appropriate.
B.Â
The Director of Recreation, Parks and Playgrounds in
conjunction with the Code Enforcement Officer shall review the site plan and
site development, equipment and standards prior to approval or use or implementation.
The Planning Board may consult with the Zoning Officer and Town Engineer,
as well as with other advisory persons, officials, agencies, and consultants.
A.Â
Fee reimbursement set forth in Chapter 175 of the Code of the Town of Manchester shall be applicable to all reasonable administrative costs, expenses and disbursements incurred by the Town of Manchester in reviewing and processing municipal applications, which may or may not be approved. The assessment of such fees shall be subject to the audit of the Town Board.
B.Â
Reimbursable expenses. No building permit or zoning permit
shall be issued pursuant to the provisions of this chapter until all expenses
incurred by the Planning Board for consultation fees or other extraordinary
expenses in connection with the review of a site plan are reimbursed by the
applicant to the Town.
No certificate of occupancy shall be issued until all improvements shown
on the site plan are installed or a sufficient performance guaranty shall
be determined by the Planning Board after consultation with the Zoning Officer,
Town Attorney, Town Engineer or other appropriate parties.
