A.
Before the approval by the Planning Board of a plat showing lots, blocks or sites, with or without streets or highways, or the approval of a plat already in the office of the Clerk of the county wherein such plat is situated if such plat is entirely or partially undeveloped, such plat shall also show, in proper cases and when required by the Planning Board, a park or parks suitably located for playground or other recreational purposes. Where a proposed park, playground or other permanent recreation area is shown on the site development plan to be located in whole or part in a proposed subdivision, the Planning Board shall require that such area or areas be shown on said plat.
B.
Land for such park, playground or other recreational purposes may not be required until the Planning Board has made a finding that a proper case exists for requiring that a park or parks be suitably located for playgrounds or other recreational purposes within the Town. Such findings shall include an evaluation of the present and anticipated future needs for park and recreational facilities in the Town based on projected population growth to which the particular subdivision plat will contribute.
[Amended 12-19-2017 by L.L. No. 7-2017]
C.
If the Planning Board determines that a suitable park or parks of adequate size cannot be properly located in any plat showing lots, blocks or sites pursuant to Town Law § 277, Subdivision 4, or is otherwise not practical, the Planning Board shall require, as a condition of approval of any such plat, payment to the Town of a sum of money in lieu of parkland on site. Any monies required by the Planning Board in lieu of land for parks, playground, or other recreational purposes shall be deposited in a trust fund to be used by the Town exclusively for park, playground or other recreational purposes, including acquisition of property. The fee for same shall be consistent with parkland fees as set in this Article XI of Chapter 250 of the Town Code.
[Amended 12-19-2017 by L.L. No. 7-2017]
D.
When said permanent recreational areas are to be required to be shown, the subdivider shall submit to the Planning Board a suitable tracing, at a scale of not less than 30 feet to an inch, indicating:
E.
In no event shall the Planning Board require that more than 10% of the gross area of a proposed subdivision be so shown. The minimum area of contiguous open space acceptable in fulfillment of this requirement shall be generally three acres. However, in the case of subdivisions of less than 10 acres, smaller recreation areas may be approved by the Planning Board whenever it deems that the difference between the area shown and three acres may be made up in connection with the subdivision of adjacent land.
F.
In applicable cases, the Planning Board shall require execution and filing of a written agreement between the applicant and the Town Board regarding costs of grading, development, equipment and maintenance of said recreation areas, as well as the conveyance of whatever rights and title deemed necessary to ensure that said premises will remain open for use by the residents of the Town of Thompson.