[HISTORY: Adopted by the Board of Trustees
of the Village of Montebello as indicated in article histories. Amendments
noted where applicable.]
[Adopted 3-14-1988 by L.L. No. 1-1988;
amended in its entirety 6-22-2005 by L.L. No. 4-2005]
Pursuant to §§ 7-730 and 7-725-a,
Subdivision 5, of the Village Law, plats and site plans requiring
approval shall show in proper cases and when required by the Planning
Board, a park or parks suitably located for playground or other recreation
purposes. If the Planning Board should determine that a suitable park
or parks of adequate size cannot be located in any such plat or site
plan or is otherwise not practical, such Board may require a payment
to the Village of a sum of money to be determined by the Board of
Trustees, which sum shall constitute a trust fund to be used by the
Board of Trustees exclusively for neighborhood park, playground or
recreation purposes including the acquisition of land.
A.
Recreation standards. The Planning Board shall require
that land be reserved for parks and playgrounds or other recreation
purposes in locations designated on the Official Map, or otherwise
where such reservations would be appropriate. Each reservation shall
be of suitable size, dimension, topography and general character,
and shall have adequate road access, for the particular purposes envisioned
by the Planning Board. The area shall be shown and marked on the plat
or site plan "Reserved for Park and/or Recreation Purposes." When
recreation areas are required, the Planning Board shall reserve 7.5%
of the total land area of the plat or site plan for park, playground
and/or recreation purposes. The Planning Board may refer such proposed
reservations to the Director of the Department of Parks and Recreation
or Historic Preservation and Parks Commission for recommendations.
The developer shall dedicate all such recreation areas to the Village
as a condition of final subdivision plat or site plan approval.
[Amended 2-26-2019 by L.L. No. 1-2019]
B.
Minimum size of park and playground reservations. In general, land reserved for recreation purposes shall have an area of at least four acres. When the percentages to be reserved would create less than four acres, the Board may require that the recreation area be located at a suitable place on the edge of the subdivision or site so that additional land may be added at such time as the adjacent land is developed. In no case shall an area of less than two acres be reserved for recreation purposes if it will be impractical or impossible to secure additional lands in order to increase its area. Where recreation land in any subdivision or site plan is not reserved, or the land reserved is less than 7.5%, the provisions of Subsection E shall be applicable.
C.
Recreation sites. Land reserved for recreation purposes
shall be of a character and location suitable for use as a playground,
playfield or other recreation purpose, and shall be relatively level
and dry. A recreation site shall have a total frontage on one or more
streets of at least 200 feet, and no other dimension of the site shall
be less than 200 feet in depth. The Planning Board may refer any subdivision
or site plan proposed to contain a dedicated park to the Director
of the Department of Parks and Recreation or Historic Preservation
and Parks Commission for its recommendations. All land to be reserved
for dedication to the Village for park purposes shall have prior approval
of the Village Board and shall be shown and marked on the plat or
site plan "Reserved for Park and/or Recreation Purposes."
[Amended 2-26-2019 by L.L. No. 1-2019]
D.
Other recreation reservations. The provisions of this
section are minimum standards. None of the subsections above shall
be construed as prohibiting a developer from reserving other land
for recreation purposes in addition to the requirements of this section.
E.
Alternative procedure: money in lieu of land. Where, with respect to a particular subdivision or site plan, the reservation of land required pursuant to this section, either alone or in conjunction with abutting reservations on adjoining property, does not equal the percentage of total land required to be reserved in Subsection A, the Planning Board shall require, prior to final approval of the subdivision plat or site plan, that the applicant deposit with the Village Board a cash payment in lieu of land reservation. Such deposit shall be placed in a Neighborhood Park and Recreation District Improvement Fund to be established by the Village Board. Such deposit shall be used by the Village for improvement of a neighborhood park, playground or recreation area, including the acquisition of property. The Planning Board shall determine the amount to be deposited, based on the following formula: schedule of payments per approved lot or per dwelling unit as set by the Village Board by resolution, provided that said schedule shall not be changed more frequently than annually, and provided that where the parcel is subject to both an approved subdivision plat and site plan, the per-dwelling-unit schedule shall control, less a credit for the amount of land actually reserved for recreation purposes, if any, as the land reserved bears in proportion to the land required for reservation in Subsection A, but not including any lands reserved through the density zoning regulation.
[Amended 1-16-2008 by L.L. No. 1-2008]
F.
Subsection E not withstanding, in the R-AH Zoning District, only, $25,000, representing the cash payment in lieu of land for 10 approved lots shall be paid as a cash deposit as aforedescribed prior to final approval of the subdivision plat. Thereafter, upon application for the 11th certificate of occupancy for an affordable housing unit, but prior to the issuance thereof, an additional sum of $25,000 shall be so paid representing the cash payment in lieu of land for the next 10 lots or dwelling units, and the same shall occur upon application for the 21st certificate of occupancy, the 31st, and so on in increments of 10, until the entire sum for all such lots or dwelling units has been paid.
G.
Applicability to land utilizing average density resolution. Any subdivision plat or site plan in which the principle of average density has been utilized, pursuant to the average density resolution of the Village, shall not be exempt from the provisions of this article, except as to such portion of land which is deemed by the Planning Board to be suitable for park, playground and/or recreation purposes and which is actually dedicated to the Village for park and recreation purposes. If no further area, other than the area to be reserved through averaging, is required by the Planning Board, the full fee shall be paid, as required in Subsection E. If further land is required for reservation, apart from that reserved by averaging, as aforesaid, a credit shall be given as provided by Subsection E.
This article shall be enacted pursuant to the
provisions of Article 3 of the Municipal Home Rule Law and of § 21-2100
of the Village Law as the same applies to the adoption of local laws.
[Adopted 9-21-2016 by L.L. No. 3-2016]
A.
Since L.L. No. 1-1988 adopted Article I of this chapter pertaining to the acquisition of land for park and recreation areas, the Village has acquired the Village Hall and its environs of approximately five acres, which now includes a tot lot, gazebo, 911 Memorial Garden and community garden area. It has also acquired what became the Dr. Jeffrey Oppenheim Community Center and Justice Court, located at 350-355 Haverstraw Road. It has acquired and is developing in phases the Kathryn Gorman Ponds Park, consisting of approximately 24 acres and seven ponds, with use as a park commencing on or about 2011.
B.
Although Chapter 126 of the Village Code, Peace and Good Order, regulates conduct on public and private property to a degree, law enforcement personnel have recommended that the Village codify the Park Rules and Regulations, which were recommended by the Historic Preservation and Parks Commission and approved by the Village Board. The purpose of enacting Article II is to better facilitate the enforcement of said rules and regulations.
[Amended 2-26-2019 by L.L. No. 1-2019]
Any park, playground or other outdoor recreation area of the
Village of Montebello shall be open for use only in accordance with
the schedule of hours posted on the facility in question. If hours
are not posted, it shall be understood that the outside areas are
open no earlier than dawn nor later than dusk. The only exceptions
are at the times necessary to park and access the Village Hall and
its environs for planned evening activities, including meetings, the
Justice Court when in session, or the Community Center for meetings
of the Village Board, and other boards and commissions, and other
events scheduled and approved by the Village for which permits have
been issued. Access to the environs of the Community Center is also
permitted for those attending events sponsored by the Village's
tenant of the office portion of the building.
The Village Clerk or designee shall cause a sign to be placed
in or upon outside areas as affected, setting forth the hours during
which the area is closed.
No person, except pursuant to a permit as aforesaid or except
a Village official on Village business, shall occupy, use or be present
in or upon any such park, playground or other such recreation area
at any time other than those prescribed in the schedule filed in the
office of the Village Hall or posted at the facility. Any use, presence,
or occupancy without the hours so listed and not separately approved
by the Village shall constitute a violation of this article.
No person within any park, playground or other recreation area
of the Village of Montebello shall:
A.
Operate a motor vehicle or motorized conveyance of any kind within
any of the aforesaid facilities except to gain ingress or egress over
vehicular roads to a designated vehicular area for the purpose of
parking or exiting from parking, except by specific authorization
of the Village Clerk or designee for a Village purpose.
B.
Discard trash, litter, bottles, papers or boxes within or upon the
aforesaid facilities, except in containers provided for such purpose.
C.
Possess, carry or exhibit and set off or light any firearm, firecracker
or explosive device, or display, carry or discharge a weapon of any
kind, whether of the aforedescribed types, or capable of launching
a projectile of any type such as an arrow or dart, or object launched
by a slingshot, within the aforesaid facilities.
D.
Permit or allow any dog or other domestic animal within the aforesaid
facilities; provided, however, that the following exception applies:
(1)
In Kathryn Gorman Ponds Park, or on Village Hall grounds, pet owners
may walk their leashed pets, such as dogs and cats, with a leash no
more than six feet in length, and only during posted hours that the
park is open. Such owner shall not allow any animal in his or her
custody to discharge fecal matter in the park, and if such does occur,
he or she shall remove the same immediately.
(2)
Service dogs assisting physically challenged persons.
E.
Operate a motor vehicle within the aforesaid facilities upon access
roads or in parking areas at a speed greater than 10 miles per hour.
F.
Swim, bathe, ice skate, or engage in any activity in or on the water,
or on the ice, or boat in or on the ponds or waterways in the Kathryn
Gorman Ponds Park.
G.
Engage in boisterous conduct, horseplay or any activity which will
interfere with the enjoyment of the aforesaid facilities by other
users.
H.
Fish for commercial purposes. Sport fishing must conform to New York
State law, including possessing a license as required.
I.
Refuse to obey instructions of authorized employees and personnel,
as well as law enforcement personnel, in regard to safety and conduct.
J.
Sell or offer for sale any food, goods, wares or merchandise within
said facilities, except as authorized by the Village Board of Trustees.
K.
Kindle, build, maintain or in any way use fire in the facilities
except if expressly approved by the Village, such as for commemorative
purposes.
L.
Refuse to obey posted rules and regulations.
A violation of any provision of this chapter shall constitute
an offense punishable by a fine not to exceed $500 for each and every
such first offense; $1,000 for each second offense over a twenty-four-month
period, measured occurrence to occurrence; and, $1,500 for each third
offense or 15 days of incarceration, or both, for each third offense,
measured within a twenty-four-month period, occurrence to occurrence.
