Pursuant to § 7-730 of the Village
Law, before the approval of a plat or plan for development by the
Board, such plat or plan shall show, in proper cases and when requested
by the Board, a park or parks suitably located for playground or other
recreational purposes. Reservations and/or dedication of land for
street purposes, drainageways and easements also may be required by
the Board and by county or state agencies having jurisdiction. Any
land offered for dedication or reserved by the owner for a particular
purpose and all easements shall be shown and appropriately marked
on the plat.
A.
Where a proposed school or other public use is shown
on the Comprehensive Plan in a location which is entirely or partially
within a subdivision or development, the Board shall require the reservation
of such area within the subdivision. In such cases, if the agency
having jurisdiction does not acquire such land within two years after
the date of the signing of the plat by the Board, the subdivider,
upon written notice to the Board, shall, 30 days after such notice,
be relieved of the responsibility for further reservation of said
land for said public purpose.
B.
The Board may require that land in a subdivision be
temporarily reserved for a public school or other essential community
facility, although not shown on the Comprehensive Plan, when the Board
deems it desirable and appropriate. Such lands shall have a frontage
of appropriate size and, in any event, of at least 200 feet upon one
or more streets.
[Amended 6-13-2006 by L.L. No. 1-2006]
A.
Where the Planning Board deems that recreational space within the subdivision would be desirable and appropriate, it may require the dedication or reservation of land for parks, playgrounds or other recreational purposes. Such land shall be of suitable size, dimension, topography, location and general character for the particular purposes envisioned by the Planning Board. In no case shall the Planning Board require that more than 3% of the gross area of the subdivision be dedicated or reserved for recreational purposes. In calculating such percentages, the Planning Board may give due credit for all natural features reserved or dedicated in accordance with § 95-86 hereof.
B.
Land for park, playground or other recreational purposes
may not be required until the Planning Board has made a finding that
a proper case exists for requiring that a park or parks be suitably
located for playgrounds or other recreational purposes within the
Village. Such findings shall include an evaluation of the present
and anticipated future needs for park and recreational facilities
in the Village based on projected population growth to which the particular
subdivision plat will contribute.
C.
In the event the Planning Board makes a finding that
a proposed subdivision plat presents a proper case for requiring a
park or parks suitability located for playgrounds or other recreational
purposes, but that a suitable park or parks of adequate size to meet
the requirement cannot be properly located on such subdivision plat,
the Planning Board may require a sum of money in lieu thereof, in
an amount of $30,000 for each approved lot. Any moneys required by
the Planning Board in lieu of land for park, playground or other recreational
purposes shall be deposited into a trust fund to be used by the Village
exclusively for park, playground or other recreational purposes, including
the acquisition of property.
A.
All streets shown upon the subdivision plat must be
offered for dedication or reserved for use as streets. When a street
is not offered for dedication, the reservation shall inure to abutting
owners a perpetual right of access, air and light.
B.
Where a subdivision borders an existing street or
when the Comprehensive Plan indicates the realignment and/or widening
of a street that would require the use of some of the land in a subdivision
or development, the Board may require the subdivider to offer to dedicate
or reserve areas for such widening and/or realignment.
A.
Where land is required by the Village for storage
or recharge basins or easements, such land shall be offered for dedication
to the Village.
B.
Easements for drainageways, utilities, pedestrian
and/or emergency access and for planting strips shall be provided
by the subdivider in the location and at the width required by the
Board. Generally, easements for drainage and utilities shall be unobstructed
and perpetual; easements for planting strips shall be perpetual.
The Board may require the subdivider to provide for development in such fashion that the natural or unique features existing upon the land proposed to be subdivided, such as large trees, wooded areas, watercourses, ponds, historic sites or other irreplaceable natural assets, shall be retained. In order to accomplish the retention of these natural assets, the Board may, at the direction of the Village Zoning Board of Appeals, give approval to a plan in which certain lots would be smaller in area or have lesser width or frontage than required by the then existing zoning ordinance, in accordance with the provisions of Article IV hereof, provided that the total number of lots shall not thereby be increased; and further provided, however, that in such case, the Board may require that such natural features to be retained shall be offered, in whole or in part, for dedication to the Village or other appropriate authority. In lieu thereof, the Board may, in such cases, permit the conveyance of such natural features to a property owners' association, membership in which is available to all owners of land in the subdivision, if one of the objects of such association is the preservation of such natural features and if the Board finds that ownership by such association will reasonably assure the objects hereof.
None of the sections of this Article shall be
construed as preventing a subdivider or developer from reserving other
land for open recreational purposes or preservation of wildlife purposes
in addition to the requirements of this Article.
A.
In any case where title to streets or other reservations
is not offered for dedication to and accepted by the Village, the
ownership shall be clearly established in a manner satisfactory to
the Board in order to insure the continued maintenance and responsibility
for such streets or reservations.
B.
Pursuant to § 7-732 of the Village Law,
all streets, parks or other reservations shown on a filed or recorded
plat are offered for dedication to the public unless the owner of
the affected land, or the owner's agent, makes a notation on the plat
to the contrary prior to final plat approval. Any street, park or
other reservation shown on a final or recorded plat shall be deemed
to be private until such time as it has been formally accepted by
a resolution of the local legislative body or until it has been condemned
by the Village for use as a public street.
Acceptance of any offer of dedication of streets,
parks, recreational or other land shall rest with the Village Board
of Trustees. In the event that the subdivider elects not to file the
subdivision plat in the Office of the County Clerk within the sixty-two-day
period required by law, then such formal offer of dedication shall
be deemed to be invalid, void and of no effect on and after such expiration
date. The approval of a plat by the Board shall not be deemed to constitute
or imply acceptance of dedication by the Village of any street, park
or other open space shown on said plat. The Board may require said
plat bear appropriate notes to this effect.
