B.
Park requirements in residential plats.
(1)
Each residential plat shall have a park site consisting of not less than five acres for each 100 dwelling units indicated on the plat, suitably located for playground or other recreation and open space purposes, including passive recreational uses, provided that the Planning Board makes a finding that a proper case exists for requiring such park site.
(2)
The Planning Board may require the subdivider to grade such park site in a manner appropriate for its projected use and compatible with its surroundings.
(3)
Where such park site incorporates a unique natural feature or a landmark, the subdivider shall be responsible for the protection of such feature or landmark from any destructive action during the course of the plat development.
(4)
In cases where the Planning Board makes a finding pursuant to Subsection B(1) above that the proposed subdivision plat presents a proper case for requiring a park, but the Planning Board determines that a suitable park site of adequate size cannot be properly located within the plat, in whole or in part, the subdivider shall be required to pay a park fee equal in amount to the fair market value at the time of the subdivision procedure of the land area that would otherwise be required for a park site. All such payments shall be held by the Village in a special Park and Recreation Site Acquisition and Improvement Trust Fund to be used exclusively either for the acquisition of sites that are properly located for neighborhood park, playground or recreation purposes or for the physical improvement of such sites.
(5)
Determination of park fee.[2]
(a)
In determining the amount of the park fee required under Subsection B(4) above, the Planning Board shall multiply the fair market value per acre by the number of lots by the five-percent park requirement.
(b)
In determining the fair market value, the Planning Board shall obtain an appraisal of the raw land value of the subject parcel at the time of application for final plat approval. Said appraisal shall be prepared by an independent land appraiser licensed by the State of New York. The cost of said appraisal shall be assessed to the subdivider, with the fee being paid prior to final approval of the plat. The subdivider shall be given an opportunity to review the appraisal and must provide the Planning Board with written acceptance of the same. If the subdivider rejects the first appraisal, the Planning Board shall obtain a second appraisal, also at the cost of the subdivider, which, if accepted by the subdivider, shall be averaged with the first appraisal. If the subdivider rejects the second appraisal, the subdivider must obtain the third appraisal, which shall be averaged with the first two appraisals.
(6)
No park fee will be required for conservation opportunity subdivisions or planned residential subdivisions as described in this chapter.
C.
The arrangement of streets, building lots and other land uses shall be of such character that they can be used safely without danger to health or peril from fire, flood, unstable soil conditions or other menace.
D.
Subdivision designs shall indicate consideration for suitable separation and protection of different types of land uses, including highways.