The Planning Board may require that land be reserved for parks and playgrounds or other recreation purposes in locations designated on the Master Plan, or otherwise, where it deems that such reservations would be appropriate. Each reservation shall be of suitable size, dimension, topography and general character and shall have adequate access for the particular purposes envisioned by the Planning Board. The area shall be shown and marked on the plat as "Reserved for recreation purposes." When recreation areas are required, the Planning Board shall determine the number of acres to be reserved from the following table, which has been prepared on the basis of providing two acres of recreation area for every 100 families. The Planning Board shall refer such reservations to the Town Board for its approval.
The following table sets forth recreation requirements for certain zoning districts:
In general, land reserved for recreation purposes shall have an area of at least one acre. When the percentages from the table above would create less than four acres, the Planning Board shall require that the recreation area be located at a suitable place on the edge of the subdivision so that additional land may be added at such time as the adjacent land is subdivided.
Land reserved for recreation purposes shall be of a character and location suitable for use as a playground, playfield or other recreation purposes and shall be relatively level and dry. A recreation site shall have a total frontage on one or more streets of at least 200 feet, and no other dimension of the recreation site shall be less than 200 feet in depth.
Land may be reserved as open space which, in the opinion of the Planning Board, possesses a character worthy of retention either from an aesthetic point of view or as natural areas protective of water resources or other natural features. These areas may include vistas, hillsides, swamps or banks along streams, lakes or the Hudson River.
None of the sections above shall be construed as prohibiting a developer from reserving other land for recreation purposes in addition to the requirements of this article.
Where the Planning Board deems, with respect to a particular plat, that a reservation of land would be inadequate in size for park or playground use either alone or in conjunction with abutting reservation on adjoining lands, or otherwise inappropriate for such use, the Planning Board shall waive and replace the requirements for such reservation by a condition that, instead of a reservation of land, the applicant shall make to the town a cash payment of $3,500 per lot or dwelling unit in a multifamily unit.
[Amended 2-13-2001 by L.L. No. 8-2001; 11-10-2003 by L.L. No. 10-2003]
Such payments shall be placed in a special fund, and each deposit shall be used by the town for park, playground or recreation purposes, including the acquisition of property.
These fees may be changed from time to time by the Town Board's amending this chapter.
Any subdivision plat in which the principle expressed in § 281 of the New York State Town Law has been utilized pursuant to a resolution of the Town Board shall not be exempt from the provisions of this article except as to such portion of land which is actually dedicated to the town for park and recreation purposes. If no further area other than the area to be reserved through the application of § 281 of New York State Town Law is required by the Planning Board, the full fee shall be paid as required in § A176-67 of these subdivision regulations.