[HISTORY: Adopted by the Board of Trustees of the Village of Highland Falls 2-16-2005 by L.L. No. 1-2005. Amendments noted where applicable.]
The Board of Trustees finds and determines that the construction of dwelling units and conversion of nonresidential building space to dwelling units places a burden upon the Village's park and recreation facilities. State Village Law § 7-730 authorizes a local requirement for developers of dwelling units to set aside parkland or pay a fee in lieu thereof to provide funds for the acquisition and improvement of park and recreation facilities. The Board of Trustees finds and determines that the Village in its entirety constitutes a neighborhood and that the community facilities of the Village are in all respects neighborhood facilities available to all residents of the Village. The Board of Trustees thus finds and determines that the best and most practical parks, playgrounds and recreation facilities can be provided through a municipal system of parks, playgrounds and recreation facilities, and that developers of all dwelling units should contribute a fair share toward the improvement and strengthening of the Village's park and recreation facilities.
Upon issuance of approval or permit of a subdivision plat, site plan or other plan which shows dwelling units, the Planning Board or Building Inspector, as the case may be, as a condition of approval or permit, shall require the set-aside of parkland or recreation area and/or the payment by the applicant to the Village of a sum determined by the Board of Trustees. Such sum shall constitute a trust fund to be used by the Board of Trustees exclusively for Village park, playground or recreation purposes, including the acquisition or improvement of land. The Planning Board may, where appropriate, require the set-aside of parkland or recreation area and the payment of a sum to the Village.
Based on an inventory of the Village's park and recreation facilities, potential new residential development and the park and recreation needs of such new development, the Board of Trustees determines that the amount of the parkland and recreation fee shall be $2,000 per dwelling unit. Said amount may be amended from time to time by resolution of the Board of Trustees. Any dwelling unit for which a building permit has not been issued prior to the date of adoption of this chapter shall be subject to the parkland and recreation fee.