[Added 9-23-1998 by L.L. No. 2-1998[1]]
[1]
Editor's Note: Section 3 of this local law provided as follows: "Pursuant to § 22 of this state's Municipal Home Rule Law, the provisions of this law are intended to supersede any inconsistent provisions of state or local law, including those of the following sections of New York State Town Law governing subdivision recreation land contributions, or payments in lieu thereof: Town Law § 277(4)."
[Amended 6-26-2002 by L.L. No. 6-2002; 3-12-2003 by L.L. No. 4-2003]
Pursuant to § 277, Subdivision 4, of this state's Town Law, the Planning Board shall not approve a final subdivision plat for the development of residential units until it has made a finding whether a proper case exists for a park to be suitably located on the premises for playground or other recreational purposes, or whether a suitable park, playground or other recreational facility cannot be located on the premises so that a sum of money will be required from the developer, in accordance with recreational fee schedules fixed from time to time by the Town Board by resolution, in lieu of placement of such facilities on the subject premises. All such payments shall be maintained in a trust fund to be used by the Town exclusively for park, playground or other recreational purposes. Reservation of land for passive recreation pursuant to § 240-26U shall not reduce or offset obligations of landowners or developers under this section.
A. 
To promote the current acquisition of lands which are suitable to enhance recreational activities at no present cost to the taxpayers of the Town of LaGrange, the municipality hereby establishes a system of recreation contribution credits under which, in exchange for the dedication and conveyance of suitable real property to the Town, landowners may cancel or offset the future obligation to make payments in lieu of contribution of parkland in connection with the residential subdivision development of other lands to be identified, and designated as entitled to benefit from the credit, at the time of the Town's acceptance of the dedication and conveyance.
B. 
A developer may be relieved of any obligation which may be established by the Planning Board, during the review and final approval of a subdivision plat, to provide suitable on-site parkland, or payment of a sum in lieu thereof, to the extent of any remaining recreation contribution credit inuring to the benefit of the lands being subdivided as of the time of final subdivision approval.
C. 
A person or entity shall earn a recreation contribution credit, having a value as determined hereafter, against future obligations to contribute recreational land or payment in lieu thereof to the Town, as a consequence of:
[Amended 7-12-2000 by L.L. No. 5-2000]
(1) 
The present offer of dedication of fee title of a specific parcel(s) of real property to the Town which, either alone or in conjunction with other properties, will promote recreational purposes;
(2) 
The Town's tentative acceptance of the offer after arranging for evaluation by a licensed appraiser, with the cost to be defrayed by the offeror, of the fair market value of the parcel(s);
(3) 
The mutually acceptable designation, by the offeror and the Town, of other lands in the municipality to receive the benefit of the credit; and
(4) 
The Town's final acceptance of dedication and the conveyance of marketable title by the offeror to the Town.
D. 
The value of the recreation contribution credit shall be the value of the dedicated land(s) as determined as of the time of the appraisal obtained by the Town. The recreation credit may be used in stages, and in partial amounts, at the discretion of the owner(s) of the property or properties designated to receive the benefit of the credit.
E. 
If the recreation contribution credit, when established, is spread over more than one parcel of designated land, the exercise of the credit, or any portions thereof, shall be in the order in which any benefited parcel receives final subdivision approval by the Planning Board.
F. 
The recreation contribution credit shall be applied to offset, or to satisfy in full, the amount of payment in lieu of recreational land which would have been required upon final subdivision approval of the benefited parcel under the fee schedule in effect at the time of the conveyance of land which gave rise to the credit.
[Amended 7-12-2000 by L.L. No. 5-2000]
G. 
The credit is exercisable by an owner(s) of a benefited parcel no sooner than the obtaining of final plat approval from the Planning Board, and its exercise shall be memorialized in writing, in the form required by the Town, signed by all owners of the benefited parcel. When exercised, the credit shall attach to that project and to that approval in the full or partial sum designated by the owner(s) of the benefited property at that time, and the credit, or that portion thereof, may not be used thereafter for other purposes or other properties designated to receive the benefit of the credit.