[HISTORY: Adopted by the Town Board of the Town of Williamson as indicated in article histories. Amendments noted where applicable.]
Article I Park and Recreation Impact Fees
[Adopted 11-9-1999 by L.L. No. 2-1999]
The Town Board of the Town of Williamson has the power and authority under Municipal Home Rule Law § 10, Subdivision 1(ii)d(3), to enact parks and recreation impact fees and, in doing so, may amend or supersede in local application §§ 274-a and 277 of the Town Law. In order to accomplish its legislative purpose, the Town Board enacts this article pursuant to §§ 274-a and 277 of the Town Law and, to the extent inconsistent therewith, expressly supersedes such sections of the Town Law.
The Town Board of the Town of Williamson recognizes the need to provide appropriate recreational facilities for its residents in the form of parks and programs. This article is thereby adopted for the purpose of promoting the health, safety, and general welfare of the residents of the Town of Williamson by:
Requiring all new residential development to pay its proportionate fair share of the land, capital facilities or funds necessary to accommodate new residential developmental impacts on parks. Complementing the subdivision, site plan, and zoning regulations of the Town of Williamson by requiring all new residential development within the Town to pay its fair share of costs attributable to the impact of the development on public parks.
Implementing the Comprehensive Plan of the Town of Williamson by providing adequate and available parkland and facilities in a timely and well-planned manner.
As used in this article, the following terms shall have the meanings indicated:
- Includes an individual, a corporation, a partnership, an incorporated association, or other similar entity.
- RESIDENTIAL DWELLING UNIT
- Any building or portion thereof designed or used as the residence of one or more individuals as a unit for occupancy for living and sleeping purposes, but excluding farm labor seasonal housing.
Any person who is granted a permit for the construction or installation of any building or structure, or alterations of any existing building or structure, for one or more new residential dwelling units shall pay the park and recreation impact fees in the manner set forth in this article. If a change in an existing residential development or subdivision is made that allows for additional residential dwelling units, each new unit shall pay the park and recreation fee applicable at that time. This article shall apply to all new residential development, installation and construction within the town, including mobile homes, apartments, and single- and multifamily construction within the town, including mobile homes, apartments, and single- and multifamily dwellings.
The Town Board of the Town of Williamson shall establish by resolution, and may amend from time to time, the parks and recreation impact fee required under this article. The fee shall be established per residential dwelling unit, or such other basis or schedule consistent with this article.
Pursuant to §§ 274-a and 277 of the Town Law, or whenever the Planning Board is required or permitted to approve a site or subdivision plan, the Planning Board may waive, in whole or in part, the park and recreation impact fees for all or part of the residential dwelling units for which approval is granted if it finds sufficient and suitable land located within the site plan or subdivision for a park or parks, and provides for such on the site or subdivision plan. In making such determination of suitability, the Board shall assess the size and suitability of lands shown on the plan that could be possible locations for park or recreation facilities, as well as practicable factors, including whether there is a need for additional facilities in the immediate neighborhood.
There is hereby established the Town of Williamson Parks and Recreation Impact Fee Trust Fund. Parks and recreation fees collected pursuant to this article shall be earmarked and deposited in the trust fund to ensure that the fees and all interest accruing from the fees are designated and expended exclusively for the acquisition, establishment, or use for park, playground, or other recreational purposes or programs. The trust fund shall be administered by the Town Board and is subject to investment and expenditures by the Town Board for the proper purposes herein established.