[Added 12-20-2016 by L.L.
No. 8-2016]
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.
A.
For every 100 people in a development, one acre of land may, at the
discretion of the Planning Board, be provided for by the developer.
For the purposes of computation:
(1)
Single-family detached equals four people per unit.
(2)
Efficiency apartment equals one person per unit.
(3)
One-bedroom townhouse, condominium or apartment equals two people
per unit.
(4)
Two-bedroom townhouse, condominium or apartment equals three people
per unit.
(5)
Three-bedroom townhouse, condominium or apartment equals four people
per unit.
B.
For all developments and subdivisions, other than up to a four-lot
minor subdivision, if the Planning Board has required the incorporation
of recreation facilities by the developer on his site, the parkland
fee shall be $2,500 per unit or lot, whichever is higher. The Planning
Board may reduce this fee to a minimum of $1,250 per unit or lot,
whichever is higher, by reviewing, on a case-by-case basis, the following
criteria or any other relevant data to determine the proposed development's
overall impact on the Town's recreational facilities:
[Amended 12-19-2017 by L.L. No. 7-2017]
(1)
Population/demographics
of proposed development;
(2)
Types
of recreational facilities proposed for the site, including whether
passive or active, and the nature of the facilities proposed;
(3)
Number
of housing units proposed;
(4)
Size/acres
of proposed site;
(5)
Seasonality
of the development's populations, as well as seasonality of the on-site
facilities;
(6)
Location
of proposed development relative to other proposed or existing public
recreational facilities.
C.
In either case, the total amount of parkland fees to be paid by the
developer shall be delivered to the Town prior to the issuance of
any final approval of the subdivision.
D.
In instances where the Planning Board requires the construction of
on-site recreation facilities, and if the development is approved
in sections in accordance with general Town Law § 276, Subdivision
6, said recreation facilities shall be constructed proportionally
with the sections.
E.
In the case where the Planning Board deems it in the best interest
of the Town to require the developer to provide land to the Town to
create a Town-wide park instead of money, the Town will enter into
a contract agreement with the developer. This contract will be executed
before final approval is granted by the Planning Board.
F.
Whereas the domicile of an applicant for a development or subdivision,
greater than a two-lot subdivision, is located on said land proposed
for development or subdivision, the fee required by this section upon
the applicant's post-subdivision domicile parcel is waived.
A.
Before the approval by the Planning Board of a site plan containing
residential units, such site plan shall also show, when required by
such board, a park or parks suitably located for playground or other
recreational purpose.
B.
Land for such park, playground or other recreational purpose may
not be required until the Planning Board makes a finding that a proper
case exists for requiring a park or parks be suitably located for
playgrounds or other recreational purpose within the Town. Such finding
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 site plan will contribute.
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 § 274-a, Subdivision 6, 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 recreation purposes, including acquisition of property. The fee for same shall be consistent with parkland fees as set in Article XI of Chapter 250 of the Town Code.
[Amended 12-19-2017 by L.L. No. 7-2017]
D.
The Planning Board shall require as a condition of approval of any
site plan containing residential units a payment to the Town of a
parkland fee, which fee shall be available for use by the Town exclusively
for park, playground or other recreational purpose, including the
acquisition of property.
E.
Notwithstanding the foregoing provision, if the land included in
a site plan under review is a portion of a subdivision plat which
has been reviewed and approved pursuant to Town Law § 276
and this article, the authorized board shall credit the applicant
for any land set aside or parkland fees paid under such subdivision
plat approval. In the event of resubdivision of such plat, nothing
shall preclude the additional reservation of parkland fees or money
donated in lieu thereof.
A.
For every 100 people in a development, one acre of land must, at
the discretion of the Planning Board, be provided for by the developer.
For the purposes of computation:
(1)
Single-family detached equals four people per unit.
(2)
Efficiency apartment equals one person per unit.
(3)
One-bedroom townhouse, condominium or apartment equals two people
per unit.
(4)
Two-bedroom townhouse, condominium or apartment equals three people
per unit.
(5)
Three-bedroom townhouse, condominium or apartment equals four people
per unit.
B.
For all developments and subdivisions, other than up to a four-lot
minor subdivision, if the Planning Board has required the incorporation
of recreation facilities by the developer on his site, the parkland
fee shall be $2,500 per unit or lot, whichever is higher. The Planning
Board may reduce the fee to a minimum of $1,250 per unit or lot, whichever
is higher, by reviewing, on a case-by-case basis, the following criteria
or any other relevant data to determine the proposed development's
overall impact on the Town's recreational facilities:
[Amended 12-19-2017 by L.L. No. 7-2017]
(1)
Population/demographics
of proposed development;
(2)
Types
of recreational facilities proposed for the site, including whether
passive or active, and the nature of the facilities proposed;
(3)
Number
of housing units proposed;
(4)
Size/acres
of proposed site;
(5)
Seasonality
of the development's populations, as well as seasonality of the on-site
facilities;
(6)
Location
of proposed development relative to other proposed or existing public
recreational facilities.
C.
In either case, the total amount of parkland fees to be paid by the
developer shall be delivered to the Town prior to the issuance of
any building permits.
