The Planning Board may require that land be
reserved for parks and playgrounds or other recreation purposes in
locations designated on the Master Plan, or otherwise, where it deems
that such reservations would be appropriate. Each reservation shall
be of suitable size, dimension, topography and general character and
shall have adequate access for the particular purposes envisioned
by the Planning Board. The area shall be shown and marked on the plat
as "Reserved for recreation purposes." When recreation areas are required,
the Planning Board shall determine the number of acres to be reserved
from the following table, which has been prepared on the basis of
providing two acres of recreation area for every 100 families. The
Planning Board shall refer such reservations to the Town Board for
its approval.
The following table sets forth recreation requirements
for certain zoning districts:
|
Zoning District
|
Total Land in Subdivision To Be Reserved
for Recreation Purposes
(percent)
|
|---|---|
|
R-120
|
2
|
|
R-40
|
2
|
|
R-25
|
4
|
|
R-15
|
5
|
|
RMH
|
5
|
|
RG
|
10
|
In general, land reserved for recreation purposes
shall have an area of at least one acre. When the percentages from
the table above would create less than four acres, the Planning Board
shall require that the recreation area be located at a suitable place
on the edge of the subdivision so that additional land may be added
at such time as the adjacent land is subdivided.
Land reserved for recreation purposes shall
be of a character and location suitable for use as a playground, playfield
or other recreation purposes and shall be relatively level and dry.
A recreation site shall have a total frontage on one or more streets
of at least 200 feet, and no other dimension of the recreation site
shall be less than 200 feet in depth.
Land may be reserved as open space which, in
the opinion of the Planning Board, possesses a character worthy of
retention either from an aesthetic point of view or as natural areas
protective of water resources or other natural features. These areas
may include vistas, hillsides, swamps or banks along streams, lakes
or the Hudson River.
None of the sections above shall be construed
as prohibiting a developer from reserving other land for recreation
purposes in addition to the requirements of this article.
A.
Where the Planning Board deems, with respect to a
particular plat, that a reservation of land would be inadequate in
size for park or playground use either alone or in conjunction with
abutting reservation on adjoining lands, or otherwise inappropriate
for such use, the Planning Board shall waive and replace the requirements
for such reservation by a condition that, instead of a reservation
of land, the applicant shall make to the town a cash payment of $3,500
per lot or dwelling unit in a multifamily unit.
[Amended 2-13-2001 by L.L. No. 8-2001; 11-10-2003 by L.L. No.
10-2003]
B.
Such payments shall be placed in a special fund, and
each deposit shall be used by the town for park, playground or recreation
purposes, including the acquisition of property.
C.
These fees may be changed from time to time by the
Town Board's amending this chapter.
Any subdivision plat in which the principle expressed in § 281 of the New York State Town Law has been utilized pursuant to a resolution of the Town Board shall not be exempt from the provisions of this article except as to such portion of land which is actually dedicated to the town for park and recreation purposes. If no further area other than the area to be reserved through the application of § 281 of New York State Town Law is required by the Planning Board, the full fee shall be paid as required in § A176-67 of these subdivision regulations.
