[HISTORY: Adopted by the Town Board of the Town of Blooming Grove 3-28-2005
by L.L. No. 2-2005. Amendments noted where applicable.]
The Town Board finds and determines that the construction of dwelling
units and conversion of nonresidential building space to dwelling units places
a burden upon the Town's park and recreation facilities. State Town Law
§§ 274-a(6) and 277(4) authorize a local requirement that developers
of dwelling units set aside parkland or pay a fee in lieu thereof to provide
funds for the acquisition and improvement of park and recreation facilities.
The Town Board finds and determines that the Town in its entirety constitutes
a neighborhood and that the community facilities of the Town are in all respects
neighborhood facilities available to all residents of the Town. The Town Board
thus finds and determines that the best and most practical parks, playgrounds
and recreation facilities can be provided through a municipal system of parks,
playgrounds and recreation facilities, and that developers of all dwelling
units should contribute a fair share toward the improvement and strengthening
of the Town's park and recreation facilities.
Upon issuance of approval or permit of a subdivision plat, site plan,
special permit, conditional use or other plan which shows dwelling units,
the Planning Board or Zoning Board of Appeals, as the case may be, as a condition
of approval or permit, shall require the setting aside of parkland or recreation
area and/or the payment by the applicant to the Town of a sum determined by
the Town Board. Such sum shall constitute a trust fund to be used by the Town
Board exclusively for Town park, playground or recreation purposes, including
the acquisition or improvement of park and recreation land. The Planning Board
may, where appropriate, require the setting aside of parkland or recreation
area and the payment of a sum to the Town.
The Town Board shall by resolution establish the amount of the parkland
and recreation fee. In establishing said amount, the Town Board shall consider
an inventory of the Town's parkland and recreation facilities and needs,
actual and potential new residential development and the park and recreation
needs of such new development. Said amount may be amended from time to time
by resolution of the Town Board. Any dwelling unit for which a building permit
has not been issued prior to the date of adoption of this chapter shall be
subject to the parkland and recreation fee.
