[Adopted 3-25-1969 as Ch. 26 of the 1969 Code]
The following shall apply to all parks and land owned by the Town of
Mount Pleasant.
Parks shall be open to the public from 9:00 a.m. until dusk unless otherwise
specified.
Violation of this article shall be punishable as a violation under the
Penal Law of the State of New York. Any person who violates any provision
of this article shall, upon conviction thereof, be subject to a fine not to
exceed $250 or to imprisonment not to exceed 15 days, or both.
[Adopted 5-14-1991 as L.L. No. 1-1991]
Pursuant to the authority duly vested in it, it is the intention of
the Town Board to require the provision of parkland and recreation land in
conjunction with site plan approval for office, multifamily and two-family
development in the Town of Mount Pleasant. The Town of Mount Pleasant finds
that office, multifamily and two-family development places an added burden
on the town in providing adequate park and recreation areas to serve the needs
of the inhabitants, occupants and users of such development. In the event
that it is not practical for a particular development to provide park and
recreation lands, it is in the best interest of the town and its residents
to require funds to be paid to the town exclusively for neighborhood parks,
playgrounds or recreational purposes, including the acquisition of property.
Such funds shall be intended to benefit primarily, but not exclusively, the
inhabitants, occupants and users of the developments subject to the fee.
Except as provided in §§
149-7 and
149-8 below, all office, multifamily and two-family development shall include a park and/or recreation area (recreation area) which is planned, designed and maintained for the exclusive use of the inhabitants, occupants and users of such development and their nonpaying guests. The recreation area shall be 10% of the total lot area and shall be improved with recreational facilities as deemed necessary by the Planning Board. The plan for the recreation area shall be subject to Planning Board approval as to location, design and adequacy, taking into consideration the size of the development, the anticipated occupancy of the units/offices and the anticipated recreational needs of the population to reside, occupy or otherwise use such development.
When the Planning Board determines that a suitable recreation area of
adequate size and character for park and recreation purposes and improved
with adequate recreational facilities cannot be properly located in any such
development or is otherwise not practical, the Board may require as a condition
of approval of any such site plan a payment to the town of the sum required
pursuant to the Town of Mount Pleasant Schedule of Fees or any part thereof in proportion to the amount of required land
and/or facilities not provided, which shall constitute a trust fund to be
used by the town exclusively for neighborhood park, playground or recreation
purposes, including acquisition of property.