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.
A. 
The Planning Board shall require that the plat shows sites of a character, extent and location suitable for the development of a park, playground or other recreation purpose. The Planning Board may require that the developer satisfactorily grade and seed any such recreation areas shown on the plat.
B. 
The Board shall not accept areas of less than three acres and shall require that not less than 10 acres of recreation space be provided per 100 dwelling units shown on the plat. Open spaces of a lesser area may be approved where the difference may be made up in conjunction with the future subdivision of adjacent land. Such area or areas may be dedicated to the town by the subdivider if the Town Board approves such dedication. All lands designated on the plat as park, playground and recreation areas not in town ownership shall be subject to such conditions as the Planning Board may establish for the subdivision concerning access, use and maintenance of such lands as deemed necessary to assure the preservation of such lands in perpetuity for their intended purposes. Such conditions shall be shown on the plat prior to plat approval and recording.
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.