Pursuant to § 7-730 of the Village Law, before the approval of a plat or plan of development by the Board, such plat or plan shall show, in proper cases and when required by the Board, a park or parks suitably located for playground or other recreation purposes. Reservation and/or dedication of land for street purposes, drainageways and easements also may be required by the Board and by county or state agencies having jurisdiction. Any land offered for dedication or reserved by the owner for a particular purpose and all easements shall be shown and appropriately marked on the plat or plan of development.
A. 
Features shown on Master Plan. Where a proposed park, playground, school or other public use is shown on the Master Plan in a location which is entirely or partially within a subdivision or development, the Board shall require the dedication or reservation of such area within the subdivision.
B. 
Recreation area not shown on Master Plan. In cases where the Master Plan does not show a recreation area within a proposed subdivision and the Board deems that recreation space would be desirable and appropriate, the Board may require the dedication or reservation of designated sites for park, playground or other recreation purposes. Such sites shall be of suitable size, dimension, topography, location and general character for the particular purposes envisioned by the Board. In no case shall the Board require that more than 10% of the gross area of the subdivision be dedicated or reserved for such purposes. In calculating such percentage, the Board may give due credit for open areas reserved, by covenants in all deeds, for the common use of all property owners in the proposed subdivision.
[Amended 10-21-2002 by L.L. No. 4-2002[1]]
[1]
Editor's Note: This local law also provided for the repeal of former Subsection C, Minimum size of recreation area, and the renumbering of former Subsections D through F as C through E, respectively.
C. 
Recreation sites. Land offered for dedication or reservation for recreation purposes shall be of a character, shape and location suitable for such purposes. In the case of a playfield or playground, the land shall be relatively level and dry, and no dimension of the site shall be less than 200 feet. Generally, a recreation site shall have a frontage of at least 200 feet on one or more streets.
D. 
Waiver on land for recreation. In cases where the Board finds that, due to the size, topography or location of the subdivision or for other reasons, a requirement that land be dedicated or reserved for recreation would be unreasonable or undesirable, the Board may waive such requirement subject to the condition that the subdivider shall, in lieu of such dedication or reservation, pay to the Village, in cash, an amount equal to an amount required by the Board of Trustees for each proposed lot in the subdivision. Such moneys shall be deposited in a special Village Recreation Site and Improvement Fund.
E. 
Public use not shown on Master Plan. The Board may require that land in a subdivision be temporarily reserved for a public school or other essential community facility, although not shown on the Master Plan, when the Board deems it desirable and appropriate. In such cases, if the agency having jurisdiction does not acquire such land within two years after the date of the signing of the plat by the Board, the subdivider, upon written notice to the Board, shall, 30 days after such notice, be relieved of the responsibility of further reservation of said land for said public purpose.
A. 
General requirements. All streets shown upon the plat may be offered for dedication or reserved for such purposes. When a street is not offered for dedication, the reservation shall ensure to abutting owners a perpetual unobstructed right of access.
B. 
Widening or realignment of existing streets. Where a subdivision borders an existing narrow street or when the Master Plan indicates the realignment and/or widening of a street that would require use of some of the land in a subdivision or development, the Board may require the subdivider to offer to dedicate or reserve areas for such widening and/or realignment.
A. 
Storage basins and easements. Where land is required by the Village for storage basins and easements, such land shall be offered for dedication to the Village.
B. 
Easements. Easements for drainageways, utilities or pedestrian and/or emergency access and for planting strips shall be provided by the subdivider in the location and at the width required by the Board. Generally, easements for drainage and utilities shall be unobstructed and perpetual; easements for planting strips shall be perpetual.
C. 
Preservation of natural features. The subdivider shall reserve and may offer for dedication for open recreational or conservation purposes existing natural features when the Board finds that features, such as large trees, wooded areas, watercourses, ponds, historic sites, vistas or other irreplaceable assets, enhance the attractiveness of the site and will add value to residential or other development, or to the Village as a whole. Whatever of such natural features, in the opinion of the Planning Board with the advice of the Conservation Board, should be offered for dedication to public uses shall be offered for dedication to the Village or other appropriate authority, except when, after approval of the Board pursuant to § 175-41A, such features are deeded to a property owner's association membership running with all of the land in the subdivision and preserving such features.
[Amended 10-21-2002 by L.L. No. 4-2002]
D. 
Reservation of additional land. None of the sections of this Article VI shall be constructed as preventing a subdivider or developer from reserving other land for open recreational purposes, in addition to the requirements of this article.
A. 
Responsibility for reservations. In any case where title to streets or other reservations is not offered for dedication to the Village, the ownership shall be clearly established in a manner satisfactory to the Board in order to ensure the continued maintenance and responsibility for such reservation, including the creation of a homeowners' association.
B. 
Offers of cession. Pursuant to § 7-732 of the Village Law with respect to streets and parks, the subdividing owner may add, as a part of the plat, a notation, if he/she so desires, to the effect that no offer of dedication of such streets or parks or any of them is made to the public. Formal offer of cession to the Village of all streets and parks not so marked with such notation on the plat shall be filed by the owner with the Board prior to approval of the plat by the Board.
C. 
Acceptance by the Village. Acceptance of any offer of streets, parks, recreation or other land shall rest with the Village Board of Trustees. In the event that the subdivider elects not to file the subdivision plat in the office of the County Clerk within the ninety-day period required by law, then such formal offer of cession shall be deemed to be void. The approval by the Board of a plat shall not be deemed to constitute or imply acceptance by the Village of any street, park or other open space shown on said plat. The Board may require said plat to be endorsed with appropriate notes to this effect.
If the subdivider intends to place restrictions on any of the land contained in a subdivision, such restrictions shall be clearly indicated on the plat. The subdivider shall submit to the Board for its approval a copy of any additional restrictions as may be imposed upon the property as a condition to sale, together with a statement of any restrictions previously imposed which may affect title to the land proposed to be subdivided.