The purpose of this article is to provide an
equitable and effective development standard for securing adequate
land for parks, playgrounds and recreation purposes in new subdivision
throughout the Town of Hamptonburgh.
Where a proposed park, playground or open space
shown on the Comprehensive Plan is located in whole or in part in
a subdivision, the Board shall require that such area or areas be
shown on the plat in accordance with the requirements specified in
Subsection B below. Such area or areas may be dedicated to the town
or county by the subdivider upon approval by the Town Board. While
the Comprehensive Plan may show only a general location of such proposed
site, the required reservation of land for recreation purposes must
be specifically located and designated on the subdivision plat.
In the event that an area to be used for a park
or playground is required to be so shown, the subdivider shall submit,
prior to final approval, to the Planning Board, three prints (one
on cloth) drawn in ink showing, at a scale of not less than 30 feet
to the inch, such area and the following features thereof:
A. The boundaries of the area, giving lengths and bearings
of all straight lines and radii, lengths, central angles and tangent
distances of all curves.
B. Existing features such as brooks, ponds, clusters
of trees, rock outcrops and structures.
C. Existing and, if applicable, proposed changes in grade
and contours of said area and of the area immediately adjacent.
In cases where the Planning Board finds that
due to the size, topography or location of the subdivision, land for
parks, playgrounds or other recreation purposes cannot be properly
located therein, or if, in the opinion of the Board, it is not desirable,
the Board may waive the requirement that the plat show land for such
purposes. The Board shall then require as a condition to approval
of the plat a payment to the town an amount in accordance with § 277
of the Town Law. Such amount shall be paid to the Town Board at the
time of final plat approval, and no plat shall be signed by the authorized
officer of the Planning Board until such payment is made. All such
payments shall be held by the Town Board in a special Town Recreation
Site Acquisition and Improvement Fund, to be used for the acquisition
of land that is suitable for permanent park, playground or other recreational
purposes and is so located that it will serve primarily the general
neighborhood in which the land covered by the plat lies. This fund
shall be used only for park, playground or other recreational land
acquisition or improvements. Such money may also be used for the physical
improvement of existing parks or recreation areas serving the general
neighborhood in which the land shown on the plat is situated, provided
that the Planning Board finds there is a need for such improvements.
The land thus released from recreation requirements may then be reduced
from the nonresidential use factor and the permitted number of units
recalculated.
The Planning Board shall, wherever possible,
establish the preservation of all natural features which add value
to residential developments and to the community, such as large trees
or groves, watercourses and waterfalls, beaches, historic spots, vistas
and similar irreplaceable assets.
A. Natural terrain. Subdivision design shall preserve,
insofar as possible, the natural terrain and natural watercourses,improvements
and drainage areas.
B. Trees. A conscious effort shall be made to preserve
all worthwhile trees and shrubs which exist on the site. Such features
may well be suggested for park or playground areas. On individual
lots or parcels, care shall be taken to preserve selected trees to
enhance the landscape treatment of the development. No tree with a
diameter of eight inches or more as measured three feet above the
base of the trunk be removed without prior approval of the Planning
Board.
C. Soil. Natural fertility of the soil shall be preserved
by disturbing it as little as is possible, and no topsoil shall be
removed from the site.
D. Watercourses. Open watercourses shall be recognized
as community assets. Subdivision design may well be enhanced by featuring
streams and brooks. Floodplain land, areas bordering on watercourses,
drainageways and other lands which cannot be used safely for building
purposes without danger to health or peril from flood may be offered
to the town as a gift to be used as public open space or for recreational
purposes.
E. Lots. On a lot intended for single-family purposes,
no more than 5,000 square feet shall be cleared for development purposes.