[Added 6-24-2010 by Ord. No. 5-2010[1]]
[1]
Editor's Note: Section 3 of this local law provides that this
local law is not intended to be inconsistent with any provisions of
§§ 274-a, 276 or 277 of the Town Law that are of a
general applicability. To the extent that this local law may be found
to be inconsistent with any provision of New York State Town Law,
including §§ 274-a, 276 or 277, or any special law,
it is the intent that this local law supersede any such inconsistent
provision. For further detail, refer to Section 3 of L.L. No. 5-2010,
on file in the Town offices.
A.Â
The Town Board finds and determines that the existing recreational
facilities of the Town are available to, and used by, all residents
of the Town. The Town Board further finds and determines that the
construction of dwelling units and conversion of nonresidential building
space to dwelling units places a burden upon the Town's park and recreation
facilities.
B.Â
Sections 277, 274-b and 274-a of the New York State Town Law authorize
a local government to authorize its planning board, upon finding that
a subdivision, site plan, special exception use or other land use
development containing residential dwelling units will contribute
to the future need for park and recreational facilities in the Town,
to either require that suitably located land for parks or other recreational
purposes be set aside on a subdivision plat, site plan or other land
development plan, or, upon finding that parks, playgrounds or recreational
facilities sufficient to meet the requirements of the proposed residential
development cannot be properly located on the subdivision plat or
site plan, that the Planning Board may require that a sum of money
in lieu thereof, in an amount to be established by the Town Board,
be deposited into a trust fund to be used by the Town exclusively
for park, playground or other recreational purposes, including the
acquisition of property.
C.Â
The Town Board finds and determines that the Town of New Paltz Planning Board should review any land use development that proposes to construct new dwelling units, whether proposed on a subdivision plat or site plan, or by special use permit or accessory apartment permit, or any other permit, approval required by this chapter or Chapter 121, and make the determinations required by the New York State Town Law with respect to the suitability of land for parks, playgrounds or recreational facilities to meet the needs of the development and the impact of such development on the Town's system of parks, playgrounds and recreational facilities.
D.Â
When the location, character and size of land proposed for residential
development is such that the reservation of land for parks, playgrounds
and recreational facilities is not suitable, the Town Board further
finds and determines that a system of parks, playgrounds and recreation
facilities to serve the recreational needs of residents in such developments
can most efficiently and effectively be provided and maintained by
expanding the existing municipal system of parks, playgrounds and
recreation facilities, and that developers of new dwelling units should
contribute a fair share toward the improvement and strengthening those
municipal park and recreation facilities, so as not to overburden
the existing facilities.
A.Â
At the time of approval of a subdivision plat, site plan, special
permit, conditional use accessory apartment permit, or other plan
which shows dwelling units to be constructed, the Planning Board,
as a condition of approval or permit, shall determine the suitability
of land within the development for recreational facilities, and require
that sufficient land to meet the recreational needs of the development
and that adequate provision has been made for the use, maintenance
and protection of such land for the intended recreational purpose.
B.Â
In the event such facilities are not proposed, or, in the judgment
of the Planning Board, such land is not suitable to meet the needs
of the development, the Planning Board shall require the applicant
to pay the sum determined by the Town Board in lieu of such land as
a condition precedent to the Chairman signing the subdivision plat,
site plan or special permit authorization. Such sum shall constitute
a trust fund to be held by the Town and used exclusively for municipal
park, playground or recreation purposes, including the acquisition
or improvement of park and recreation land. No such development plan
shall be signed by the Chairman of the Planning Board, and such plan
shall not be valid for issuance of a building permit or certificate
of occupancy, unless a receipt evidencing payment of the required
recreation fee is duly issued by the Town Clerk.
The Town Board shall establish the amount of the parkland and
recreation fee by resolution. In establishing said amount, the Board
shall consider the inventory of the Town's existing parkland and recreation
facilities and needs, actual and potential new residential development,
and the park and recreation needs of such new development. Said amount
may be amended from time to time by resolution of the Town Board as
necessary to reflect current cost and requirements for municipal park,
playground or recreation facilities. Notwithstanding that the parkland
and recreation fee due at the time of development plan approval has
been paid, dwelling unit(s) shall be subject to the parkland and recreation
fee in effect at the time a building permit is issued. In the event
that the Town Board increases the fee after approval of the development
plan, but prior to the issuance of a building permit for a residential
dwelling unit on such plan, a building permit for such unit may not
be issued until the entire fee is paid and a receipt evidencing payment
of the full amount of the required recreation fee is duly issued by
the Town Clerk.
