[Adopted 5-21-1990 by L.L. No. 4-1990]
[Amended 1-28-2013 by L.L. No. 1-2013]
This article shall be titled "A Local Law Providing
for the Dedication of Parks or Recreation Areas as a Condition Precedent
to Site Plan, Subdivision or Planned Unit Development Approval or
Requiring Payment of a Sum in Lieu Thereof for Certain Dwelling Units
Prior to Issuance of Building Permits."
The authority for this article is Municipal
Home Rule Law § 10, Subdivision 1(ii)d(3).
[Amended 1-28-2013 by L.L. No. 1-2013]
This article shall amend and supersede Town
Law § 274-a, Subdivision 1a and b; Town Law § 277, Subdivision 1 (as in effect on the date of adoption of this article); §§ 179-38 and 179-55 of Chapter
179, Zoning; §§ A183-18C, D and E of Chapter
A183, Subdivision of Land; Town of Queensbury Local Law No. 6-1986, entitled "A Local Law Providing For the Reservation of Recreational Areas or Money in Lieu Thereof as a Condition Precedent to Site Plan Approval"; and Town of Queensbury Local Law No. 8-1988 entitled "A Local Law Amending Local Law No. 6, 1986 and Providing for the Reservation of Recreation Areas or Money in Lieu Thereof as a Condition Precedent to Site Plan Approval" in their entirety as set forth herein. The proposed amendment and supersession of the aforesaid state statutes, local laws, ordinances and subdivision regulations is only to the extent that this article shall require, as a condition precedent to site plan, subdivision and planned unit development authorization and approval by the Town Board or Planning Board of any subdivision, multifamily dwelling or planned unit development, the reservation and dedication to the Town of Queensbury of park or recreational areas or facilities or the payment of certain sums as more fully set forth herein. The aforesaid sections of the state statutes, Town Zoning Ordinance, Town Subdivision Regulations, and Town local laws and all other requirements, duties and obligations or benefits derived thereunder or therefrom shall not be affected other than as indicated herein, except that the provisions or lack thereof concerning the dedication of recreation land or payment of fees in lieu thereof in the aforesaid state statutes, § 179-55 and § A183-18C, D and E and Local Law Nos. 6-1986 and 8-1988 shall no longer apply to subdivisions, multifamily developments or planned unit developments approved on or after October 1, 1988, by the Town Board or the Planning Board for the Town of Queensbury but, rather, this article shall be controlling, thereby being given retroactive effect to October 1, 1988. Provisions relating to single-family dwellings, duplexes or two-family dwellings, multiple-family dwellings, apartments, condominiums, townhouses and/or manufactured or modular homes not located in a multifamily development, subdivision or planned unit development shall not be retroactive.
[Added 1-28-2013 by L.L. No. 1-2013]
A. In addition to all other requirements set forth in the state statutes of the State of New York, and/or in Chapter
178, Zoning - Subdivision Review, and/or Chapter
179, Zoning, of the Queensbury Town Code, and/or other local laws of the Town of Queensbury, the developer of any new dwelling unit or units, including a single-family dwelling, duplex or two-family dwelling, multiple-family dwelling, apartments, condominiums, townhouses and/or manufactured or modular home, but not including a mobile home, hereinafter referred to as "developer," shall pay recreation fees in an amount equal to the assessment per dwelling unit, established by the Town Board of the Town of Queensbury as provided for herein, multiplied by the number of assessable dwelling units, except that the developer shall receive a credit towards the amount due hereunder if the property on which such dwelling would be located, or any portion thereof, has been previously subjected to review and approval by the Planning Board of the Town of Queensbury and, as to such property or portion thereof or proposed improvements thereon, a recreation fee was paid in the proper amount or land was dedicated to the Town specifically for a park, playground or recreational area, pursuant to the provisions of this article.
B. Any amounts
paid pursuant to this article shall be paid to the Town Board of the
Town of Queensbury at the time that a building permit application
is submitted for construction of the principal building(s) which contain(s)
the assessable dwelling unit(s). At no time shall a building permit
be issued for construction of a principal building containing assessable
dwelling units without payment of the recreation fee as required by
this article unless the proper recreation fee assessment was previously
paid to the Town, or land was dedicated to the Town specifically for
a park, playground or recreational area, pursuant to this article.
[Amended 1-28-2013 by L.L. No. 1-2013]
The recreation fee for each assessable lot or
assessable dwelling unit, if applicable as set forth herein, shall
be in the amounts specified in a Town fee schedule, the creation and
establishment of which is hereby authorized. The fee schedule shall list such recreation fees and may
also list such other fees as the Town Board, in its absolute discretion,
may designate and approve from time to time by resolution. The Town
Board shall have the authority to amend the amounts of the recreation
fees and any other fees, and the Town's fee schedule, from time to
time by resolution.
Nothing in this article shall be construed as
prohibiting a developer from reserving other land for recreational
purposes in addition to the requirements of this article, and the
Planning Board shall have the right to regulate the hours of operation,
access by the general public, use and maintenance and otherwise regulate
the use of the same.
[Amended 1-28-2013 by L.L. No. 1-2013]
The terms and provisions of this article shall apply to any subdivision plat, multiple-family dwelling site plan or planned unit development reviewed and approved in accordance with the provisions of Chapter
178, Zoning – Subdivision Review, and/or the provisions of Chapter
179, Zoning, and related chapters, of the Town of Queensbury Code, as applicable, adopted on or after October 1, 1988, including any changes or amendments to such chapters. The terms and provisions of this article shall also apply to any single-family dwelling, duplex or two-family dwelling, multiple-family dwelling, apartment, condominium, townhouse and/or manufactured or modular home (exclusive of mobile homes) for which no recreation fee was paid and no land was dedicated to the Town specifically for a park, playground or recreational area pursuant to the provisions of this article, and for which dwelling an application is made for a building permit pursuant to Town Code § 88-12, or other applicable section or chapter of Town Code, following the effective date of this section.
[Adopted 4-17-2000 by L.L. No. 5-2000]
The purpose of this article is to protect the
public from the unauthorized discharge of firearms in Town parks and
recreation areas by making it a criminal action to discharge a firearm
or bow in or near Town parks and recreation areas.
As used in this article, the following terms
shall have the meanings indicated:
BOW
Any bow and arrow, crossbow or any similar weapon.
FIREARM
Any pistol, revolver, shotgun or other weapon, irrespective
of size, by whatever name known, loaded or unloaded, from which a
bullet or bullets or shots may be discharged.
PEACE OFFICER
All persons designated as peace officers in accordance with
§ 2.10 of the Criminal Procedure Law of the Consolidated
Laws of New York.
TOWN PARK or RECREATION AREA
All Town-owned or -controlled parks, playgrounds or beach
areas, including, without limitation, the Hudson River Park.
It shall be unlawful for anyone, other than
a peace officer, in the line of duty, to use a firearm or a bow in
any Town park or recreation area.
It shall be unlawful for anyone other than a
peace officer, in the line of duty, to discharge any firearm or a
bow in such a fashion so that the projectile therefrom shall pass
across or on any Town park or recreation area.
A person convicted of violating this article
shall be guilty of a misdemeanor and shall be subject to a fine of
not less than $500 and/or imprisonment for a period of not more than
60 days.