Town of Boston, NY Chapter 89 RECREATION TRUST FUND

[HISTORY: Adopted by the Town Board of the Town of Boston 5-2-1990 by L.L. No. 4-1990. Amendments noted where applicable.]

GENERAL REFERENCES

Parks and Recreation Advisory Committee — See Ch. 26.

Subdivision of land — See Ch. 104.

Zoning — See Ch. 123.

§ 89-1 Title.

This chapter shall be known as the "Recreation Trust Fund Law of the Town of Boston, New York."

§ 89-2 Legislative intent.

It is the intention of the Town Board of the Town of Boston, in enacting this chapter, to supersede the provisions of § 274-a of the Town Law of the State of New York to provide, as an additional condition for site plan approval, the requirement that recreational land be set aside by the developer or a fee paid in lieu of setting aside such recreational land as hereinafter provided. This chapter is enacted under Municipal Home Rule Law § 10, Subdivision 1(i)d(3), which said section allows the Town to amend or supersede, in its local application, any provision of the Town Law relating to the property, affairs or government of the Town.

§ 89-3 Recreational land requirement.

[Amended 10-4-2000 by L.L. No. 2-2000]

Any project which requires site plan approval by any board or agency of the Town of Boston under the Town of Boston Zoning Ordinance

Editor's Note: See Ch. 123, Zoning.

or any local law established and which involves the construction of structures containing three or more dwelling units shall set aside 10% of the site for the provision of park and/or recreational facilities. If provision of such facilities, within the judgment of the agency or board of the Town of Boston charged with granting such approval, is impractical because of the particular layout of the development or for other reasons, a recreation fee as shall be set forth in the Schedule of Fees, as adopted by the Town Board of the Town of Boston, shall be submitted prior to approval of the application for site plan approval, unless such other terms and conditions are entered into, in writing, between the applicant and the Town of Boston.

§ 89-4 Establishment of fund.

The Town of Boston hereby establishes a Recreation Trust Fund to be administered by the Town Board of the Town of Boston for the purpose of improving existing land owned by the Town of Boston and used by said Town for recreational purposes or for acquiring and improving such additional land as may be appropriate, in the judgment of the Town Board, subject to the other applicable provisions of the Town Law.

§ 89-5 Payments.

All recreation fees paid pursuant to this chapter and any amendments thereto shall be deposited in the Recreation Trust Fund account and used for the purposes hereinabove established. In addition, any recreation fee imposed under the Subdivision Regulations

Editor's Note: See Ch. 104, Subdivision of Land.

of the Town of Boston as a condition of subdivision approval shall be paid into such Recreation Trust Fund and shall be administered in the manner hereinabove set forth.