[HISTORY: Adopted by the Common Council of the City of Kingston as
indicated in article histories. Amendments noted where applicable.]
[Adopted 12-7-2004 by L.L. No. 6-2004,
approved 12-29-2004; amended in its entirety 5-19-2005
by L.L. No. 2-2005, approved 6-3-2005]
A.
The Planning Board may require that a subdivision or
site plan containing residential units also contain a park, or parks, or playground
suitably located for playground or other recreational purposes.
B.
Before the Planning Board will require that land be reserved
for park, playground or other recreational purposes, the Planning Board must
make a finding that such requirement is warranted. Such a finding shall include
an evaluation of the present and anticipated future needs for park and recreational
purposes in the City of Kingston based on the projected population growth
to which the particular site plan and/or subdivision will contribute.
The ownership of a reservations for park purposes shall be clearly indicated
on the site plan or subdivision and established in a manner satisfactory to
the Planning Board so as to insure its proper future continuation and maintenance.
Where the Planning Board makes a finding that the proposed subdivision
or site plan presents a proper case for requiring a park or parks suitably
located for playground or other recreational purposes, but that a suitable
park or parks of adequate size cannot be properly located on such site plan
or subdivision, the Planning Board may require, as a condition to the approval
of the site plan or subdivision, a payment to the City of Kingston of a sum
of money in an amount to be determined and set annually, by resolution of
the Common Council. Fees imposed pursuant to this article shall be paid prior
to final site plan or subdivision approval and shall be set aside in a fund
to be used exclusively for park, playground or other recreational purposes,
including acquisition of property for use as park or playgrounds.
A.
The City of Kingston shall have the right to require
an applicant who seeks to obtain a site plan or subdivision approval to deposit
in escrow to cover the costs being incurred by the City of Kingston for all
consultant services, including but not limited to engineering, planning and
legal, as well clerical costs incurred in the processing and reviewing of
such application.
B.
The Planning Board, in consultation with the applicant,
shall compute the amount of the escrow to be posted with the City of Kingston.
Such amount shall be reasonably related to the cost attendant to the City's
review of the application. It is understood that the applicant is required
only to reimburse and pay to the City of Kingston the fees actually expended
by the City. Any such fees incurred by the City of Kingston must be reasonable
and subject to all appropriate audit provisions of the City of Kingston with
the explicit understanding that the applicant shall only pay at the rate for
said services that the City pays for its own consulting services.
This article shall apply to all current and future applications for
site plan or subdivision approval containing residential units.
