The Town of Victor recognizes that rapid residential development
within the Town places great demands upon the Town's parks and
recreational facilities. In order to manage residential development
consistent with the Town's Comprehensive Plan and Park and Recreation
Master Plan, the Town finds it necessary to empower the Planning Board
to review residential land use for the adequacy of future park and
recreational uses.
The Town Board shall have the authority to waive or reduce fees
charged to an applicant pursuant to this article on a case-by-case
basis upon a showing by the applicant of undue hardship or inappropriateness.
Said applicant shall file an application for fee waiver or reduction
with the office of the Town Clerk within 30 days of the approval of
the residential land use application. Failure to apply for a waiver
or reduction of fees pursuant to this article shall bar the applicant
from commencing an action in a court of competent jurisdiction to
challenge the imposition of said fees.
This article is enacted pursuant to the authority of Chapter
365 of the Laws of 1976 which added a new Subparagraph (3) to Paragraph
d of Subdivision 1 of § 10 of the Municipal Home Rule Law,
authorizing a town to adopt a local law which amends or supersedes
any provision of the Town Law in relation to the property, affairs
or government of the town or in relation to any of the other enumerated
subject matters in such § 10, unless there is a state legislative
restriction on such amendment or supersession. It is the intent of
the Victor Town Board to supersede the Town Law as it relates to fees
in lieu of lands to be dedicated.