[Adopted 5-1-1990 by L.L. No. 6-1990]
It is the purpose of this article to require
the setting aside of land suitable for recreational use within certain
residential developments involving the construction of condominiums,
cooperative apartments or rental apartments which do not require subdivision
approval.
Before the approval by the Planning Board and
Zoning Commission of the Town of Niskayuna of any site plan for the
development of condominiums, cooperative apartments or rental apartments,
there shall be set aside, within the site to be developed, at least
10% of the site for the purpose of providing land suitable for recreational
use.
If the Planning Board and Zoning Commission
determine that the reservation of land for recreational use on the
site to be developed is not practicable because of the particular
layout of the development or because the land to be set aside is not
suitable for recreational purposes, the Planning Board and Zoning
Commission shall require, as a condition of approval of any such site
plan, a payment to the Town of Niskayuna of a sum to be determined
by the Town Board, which shall constitute a trust fund to be used
by the Town for neighborhood parks, playgrounds or recreational purposes,
including the acquisition or improvement of parks or recreational
facilities that will benefit, although not exclusively, the residents
of the development.
The provisions of this article shall apply to
any application for site plan review which has not yet received final
site plan approval. The provisions of this article shall not apply
to housing facilities for the elderly or handicapped as authorized
by 12 U.S.C. § 1701(q) and defined by the federal regulations
contained in 24 CFR 885.
To the extent that this article is inconsistent
with the provisions of Town Law § 274-a, such statute is
superseded.
The Town Board of the Town of Niskayuna hereby
determines, pursuant to Article 8 of the Environmental Conservation
Law of the State of New York, that the passage of this article will
not have a significant adverse effect or impact on the environment.
