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:
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.
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]