[Added by L.L. No. 11-1989]
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
The Board of Trustees of the Village of Sloatsburg hereby exercises the authority delegated to it by § 10, Subdivision (1)(ii)(e)(3), of the Municipal Home Rule to amend and supersede the provisions of Village Law §§ 7-725-a and 7-730, Subdivision (1) (second sentence), to permit the reservation of park or recreation land or the acceptance of a fee in lieu of the reservation of park or recreation land as a condition of site plan approval or the issuance of a building permit for each residential dwelling unit which has not previously paid or been required to pay money for recreation purposes or was not created by a subdivision for which park or recreation land was reserved or money paid in lieu thereof. It is the intention of the Board of Trustees to ensure that adequate park or recreation land is reserved whenever a residential building permit is issued or that an appropriate fee is generated to provide recreation land or facilities elsewhere in the vicinity for the residents of said dwelling units. The Board of Trustees expressly declares that it is not its intention to require the reservation of park or recreation land and/or the payment of money in lieu thereof to be imposed upon any dwelling unit twice.
As used in this article, the following terms shall have the meanings indicated:
DWELLING UNIT
For the purposes of this chapter, a building or entirely self-contained portion thereof containing housekeeping facilities for one family.
Prior to and as a condition of the granting of site plan approval for any lot or lots intended to contain one or more dwelling units, the Planning Board may require that said site plan show in proper cases and when required by the Planning Board, a park or parks suitably located for playground or other recreational purposes. If the Planning Board determines that a suitable park or parks of adequate size cannot be properly located on said lot or lots or is otherwise not practical, the Planning Board may require, as a condition of site plan approval, the payment of a sum of money for each dwelling unit proposed in an amount set forth in the Standard Fee Schedule. Said reservation of park or recreation land or payment of money in lieu thereof shall not be required if a lot has previously been the subject of a requirement to set aside park or recreation land or has paid money in lieu thereof for the same number of dwelling units as is the subject of the site plan application except as is set forth in § 345-37. If recreation land or money in lieu thereof was previously required for a lesser number of dwelling units on a lot, the Planning Board may require the set aside of park or recreation land or payment of a sum of money in lieu thereof, if deemed necessary, proportionate to the proposed increase in dwelling units.
As a condition of the issuance of a building permit, the Building Inspector shall require the payment of a recreation fee in an amount set forth in the Standard Fee Schedule for each dwelling unit for which recreation or park land has not been specifically set aside pursuant to a subdivision or site plan approval of the Planning Board or for which a fee in lieu thereof has not been obtained. Said fee shall be paid at the time of application for building permits and at the rate set forth in the standard schedule of fees applicable at that time. If money in lieu of park or recreation land has previously been paid as a condition of subdivision approval and the owner did not previously apply for building permit(s) or said building permit(s) expired without completion of construction and issuance of a certificate of occupancy, then and in that event, property owner shall pay the amount per dwelling unit set forth in the standard fee schedule for each dwelling unit and shall receive a credit for the sum previously paid. Such funds shall, together with other funds collected pursuant to Village Law § 7-730, constitute a trust fund to be used by the Board of trustees exclusively for park, playground or recreation purposes which will provide some benefit to the residents of said lot.
If any part or portion of this chapter is adjudged to be invalid by a court of competent jurisdiction, such judgment shall not affect or impair the viability of the remainder of this chapter.