[HISTORY: Adopted by the Board of Trustees of the Village
of Farmingdale as indicated in article histories. Amendments noted
where applicable.]
[Adopted 5-7-2007 by L.L. No. 5-2007 (Ch. 67, Art. II, of
the 1975 Code)]
The Board of Trustees finds that:
A.
The creation of new and the maintenance of existing park, playground
and recreational facilities for both active and passive recreational
pursuits by current and future residents of the Village is necessary
and appropriate to promote the health, safety and well-being of all
Village residents.
B.
New residential development will create an additional strain and
demand upon existing park, playground and recreational facilities
for both active and passive recreational activities, and new facilities
and areas will be required to meet the needs of all Village residents.
C.
The cost associated with the creation and development of new park,
playground and recreational facilities or passive parks and recreational
facilities shall be borne substantially or entirely by the builders,
and/or developers of new residential units.
A.
In order to meet the new demand on park, playground and recreational
facilities, land suitable for such purpose and for use by the residents
of the Incorporated Village of Farmingdale, the Planning Board shall
require the dedication and reservation of land to be set aside for
and as park, playground or recreational facilities in each plat filed
with it, including condominium maps, for each residential unit. Up
to 10% of the land may be so dedicated if, in the Planning Board's
discretion, it is in the interest of the general public due to topography,
historical interest, natural features or other conditions to do so.
B.
In cases where the Village Planning Board finds no suitable land
exists for a park, playground or recreational facility on the parcel
where the new residential unit(s) will be located, the Village shall
accept in lieu of the dedication and reservation, the payment of a
parkland fee equal to 5% of the value of each residential lot created
by the subdivision, in no event more than $10,000. Residential units
reserved for senior housing or other statutorily created housing not
available to the general public may be exempt from the parkland fee
by resolution of the Board of Trustees. Any monies required by the
Planning Board in lieu of land for park, playground or other recreational
purposes, pursuant to the provisions of this section, shall be deposited
in a Village trust fund to be used by the Village exclusively for
park, playground or other recreational purposes, including the acquisition
and improvement of existing property.
C.
In the event the Village Planning Board determines that a smaller
portion of the parcel is suitable for park, playground or recreational
facility, it may permit a reduced land set aside and require the applicant
to pay a reduced parkland fee.
D.
Any building permit for new residential units shall be conditioned
upon the reservation and dedication of parkland or the payment of
the parkland fee. No certificates or permits shall be issued until
the parkland has been dedicated and reserved or the applicable fee
has been paid.
E.
Notwithstanding the foregoing provisions, if the land included as
part of new residential development requiring a building permit was
previously assessed a parkland fee under a site plan or subdivision
approval, the Superintendent of Buildings shall credit the applicant
with any land set aside or money donated in lieu thereof under such
subdivision approval. In the event of resubdivision of such plat or
a major amendment to the site plan, nothing shall preclude the additional
reservation of parkland or money donated in lieu thereof. Rebuilding,
replacing or renovating property which previously existed shall be
exempt from any parkland set aside or recreational fee unless the
rebuilding, replacing or renovation results in an increase in the
number of residential units.
