Town of Wallkill, NY Article X Park, Playground and Recreational Sites

§ 249-33 Approval procedure.

A. Before the approval by the Planning Board of a plat showing lots, blocks or sites, with or without streets or highways, or the approval of a plat already in the office of the Clerk of the county wherein such plat is situated if such plat is entirely or partially undeveloped, such plat shall also show, in proper cases and when required by the Planning Board, a park or parks suitably located for playground or other recreational purposes. Where a proposed park, playground or other permanent recreation area is shown on the Comprehensive Development Plan to be located in whole or part in a proposed subdivision, the Planning Board shall require that such area or areas be shown on said plat.

B. The Planning Board shall require, as a condition to approval of any such plat, a payment to the Town of a parkland fee, which fee shall be available for use by the Town for park, playground and/or recreation purposes, including acquisition of property.

[Amended 4-23-1987 by L.L. No. 2-1987]

C. When said permanent recreational areas are to be required to be so shown, the subdivider shall submit to the Planning Board a suitable tracing, at a scale of not less than 30 feet to an inch, indicating:

(1) The boundaries of said recreation area.

(2) Existing physical features, such as brooks, ponds, trees, rock outcrops, structures, etc.

(3) Existing and, if applicable, proposed changes in grades of said area and the land immediately adjacent.

D. In no event shall the Planning Board require that more than 10% of the gross area of a proposed subdivision be so shown. The minimum area of contiguous open space acceptable in fulfillment of this requirement shall be generally three acres. However, in the case of subdivisions of less than 10 acres, smaller recreation areas may be approved by the Planning Board whenever it deems that the difference between the area shown and three acres may be made up in connection with the subdivision of adjacent land.

E. In applicable cases, the Planning Board shall require execution and filing of a written agreement between the applicant and the Town Board regarding costs of grading, development, equipment and maintenance of said recreation areas, as well as the conveyance of whatever rights and title deemed necessary to ensure that said premises will remain open for use by the residents of the Town of Wallkill.

F. No moneys received by the Town in lieu of land, as aforesaid, shall be returned to any subdivider or developer by reason of the nullification of his building permits for failure to comply with § 249-39D, nor shall any rights of title in land conveyed to the Town as aforesaid be affected by same.

§ 249-34 Determination of required land or moneys.

A. For every 100 people in a development, one acre of land must, at the discretion of the Planning Board, be provided for by the developer. For the purposes of computation:

[Amended 4-23-1987 by L.L. No. 2-1987]

(1) Single-family detached = four people per unit.

(2) Efficiency apartment = one person per unit.

(3) One-bedroom townhouse, condominium or apartment = two people per unit.

(4) Two-bedroom townhouse, condominium or apartment = three people per unit.

(5) Three-bedroom townhouse, condominium or apartment = four people per unit.

B. For all developments and subdivisions, other than two-lot minor subdivisions, if the Planning Board has required the incorporation of recreation facilities by the developer on his site, the parkland fee shall be $1,250 per unit or lot. If the Planning Board has not required the incorporation of recreation facilities by the developer on his site, the parkland fee shall be $2,500 per unit or lot.

[Amended 4-23-1987 by L.L. No. 2-1987; 2-25-1988 by L.L. No. 4-1988; 1-13-2005 by L.L. No. 1-2005]

C. In either case, the total amount of parkland fees required to be paid by the developer shall be delivered to the Town prior to the issuance of any building permits.

[Amended 4-23-1987 by L.L. No. 2-1987]

D. In instances where the Planning Board requires the construction of on-site recreation facilities, and if the development is approved in sections in accordance with general Town Law § 276, Subdivision 6, said recreation facilities shall be constructed proportionally with the sections.

[Amended 4-23-1987 by L.L. No. 2-1987[1]]

[1] Editor's Note: This local law also provided for the deletion of former Subsection E, which dealt with money in lieu of parkland.

E. In the case where the Planning Board deems it in the best interest of the Town to require land instead of money, the Town will enter into a contract agreement with the developer. This contract will be executed before final approval is granted by the Planning Board.

F. Whereas the domicile of an applicant for a development or subdivision, greater than a two-lot subdivision, is located on said land proposed for development or subdivision, the fee required by this section upon the applicant's post-subdivision domicile parcel is waived.

[Added 6-12-2003 by L.L. No. 5-2003]