[Adopted 2-24-2004 by L.L. No. 1-2004[1]]
[1]
Editor's Note: This local law also provided that it shall
apply to any project, residential site plan or subdivision approved
by the Planning Board after 3-10-2004.
The Town Board of the Town of Fallsburg hereby finds that there
is a present need for expansion of park and recreational facilities
in the Town, based on projected population growth to which all residential
subdivisions and residential site plans will contribute. The Town
Board has determined that a unified system of parks and recreational
facilities located to meet the needs of the residents of the entire
Town is desirable. Therefore, the Town Board determines that it is
a proper case that each residential subdivision and residential site
plan contribute recreational fees calculated on lots or dwelling unit
count resulting from new subdivisions and site plans. The Town Board
determines that the provisions of this article are consistent with
the purposes of Town Law §§ 277(4) and 274-a.6 and
that to the extent, if any, that this article may hereinafter be determined
to be inconsistent, this article shall, as provided in Article IX
of the New York State Constitution and the Municipal Home Rule Law,
supersede such provisions in reference to the Town of Fallsburg.
There is hereby imposed a one-time fee to be assessed upon real
property in the Town of Fallsburg on which new residential building
construction is proposed, when such construction will result from
subdivisions and site plans (including condo units, co-ops, etc.)
hereinafter approved. Such fees shall be levied and collected in accordance
with this article. Such fees shall be called "recreation fees." The
obligation to pay such fees shall be a lien against the property,
which shall contain the new construction as of the time of approval
and shall be satisfied as hereinafter provided. All monies collected
pursuant to this section shall be deposited in a trust fund to be
used by the Town exclusively for park, playground or other recreational
purposes, including the acquisition of property within the Town of
Fallsburg for such purposes. For purposes of this article, a fee schedule
has been established as set forth hereinafter. The Town of Fallsburg
may, from time to time, vary the amount of such fees by resolution
of the Town Board.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. IV)]
The fees shall be due and paid before the signing of the subdivision
or site plan by the Planning Board. No Town official shall issue a
building permit, certificate of occupancy or other report concerning
such property unless such official has determined that the fees required
hereby have been paid.
A.
The Town Board may, by resolution, exempt any property from payment
of the recreation fees required by this article upon a determination
that the property owner has dedicated or donated to the Town real
property of equal or greater value than the estimated recreation fees
which would otherwise be payable, provided that the Town Board, by
resolution, agrees to accept same in lieu of the recreational fee.
B.
This article shall only affect subdivision and site plans in excess
of three parcels or three units.
The neglect or failure of the Town to collect such recreational
fees at the time when such fees are due shall not waive the Town's
right to collect such fees.
In the event the Town Board determines such fees are due and
owing but have not been paid, the Town Boad shall, after notice to
the property owner and the provision of an opportunity to be heard,
assess such recreational fees, together with interst and costs related
to such assessment, against such real property. Notice by certified
mail to the address shown on the Town's latest assessment roll at
least 10 days prior to the date of the hearing shall be deemed good
and sufficient notice. Such assessment shall be levied on the annual
state, county and Town real property tax bill.
[Amended 3-9-2010 by L.L.
No. 2-2010; amended at time of adoption of Code
(see Ch. 1, General Provisions, Art. IV)]
The following recreational fees shall be charged:
