[HISTORY: Adopted by the Town Board of the Town of Amherst 1-3-1989 by L.L. No. 1-1989. Amendments noted where applicable.]
In order to ensure appropriate and adequate recreation and open space facilities within the Town of Amherst, it is determined that a fee shall be charged in connection with all land developments to provide funds for those purposes. The fee shall consist of two elements: one relating to recreation and the other to open space facilities. The amount of the fee imposed relates to the effect the proposed development will have upon the need for such facilities.
This chapter supersedes that part of Subdivision 1 of § 277 of the Town Law of the State of New York which provides for showing a park or parks on subdivision plats for playground or other recreational purposes when required by the Planning Board and which further authorizes the Planning Board to require as a condition to approval of any such plat a payment to the Town of a sum to be determined by the Town Board in lieu of the location of a suitable park or parks within one area of any such plat.
[Amended 2-23-1998 by L.L. No. 2-1998]
The following fees for recreation and open space purposes are established:
The fees established in § 155-3 shall be imposed on all developments of the types enumerated approved by the Planning Board through the site plan or subdivision process after the effective date of this chapter. The Town Clerk shall collect the fee as building permits are issued following site plan or final subdivision plat approval. Those fees are also imposed on the development of lots not subject to site plan or subdivision review and shall be collected by the Town Clerk upon the issuance of a building permit for a principal structure.
[Amended 2-27-1989 by L.L. No. 2-1989]
The fees established in § 155-3 shall apply to development of lands for which building permits are issued on and after January 1, 1990, pursuant to site plan or final subdivision plat approvals granted prior to the effective date of this chapter, and the Town Clerk shall collect the fees at the time such building permits are issued. The amount of any recreation fee paid prior to the effective date of this chapter pursuant to § 277 of the Town Law with respect to the lands then being developed shall be allowed as a credit against those fees.
An applicant for site plan or subdivision approval may propose the dedication of a parcel of land within or without the area for which development approval is being sought for open space or recreation purposes in lieu of the payment of the fees herein established. If the Planning Board determines that the land offered for dedication to the Town is suitably located for open space or recreation purposes and that the value thereof is at least equal to the amount of the recreation and open space fees which would otherwise be due, it can recommend to the Town Board that it accept an offer of dedication. If the Town Board accepts the offer of dedication, the open space and recreation fees otherwise required shall be waived. The Planning Board may recommend to the Town Board the establishment of conditions in connection with the acceptance of the offer of dedication. The Town Board shall have the right, in any event, to establish conditions in connection with such dedication as it deems appropriate.
The fees collected pursuant to this chapter shall constitute a trust fund to be used by the Town exclusively for the acquisition of land for and equipping of open space and recreation facilities.
The fee schedule established by this chapter may be modified by the Town Board from time to time by resolution.
If any section, clause or provision of this chapter or the application thereof to any person or lands is adjudged to be invalid, the adjudication shall not affect other sections, clauses or provisions or the application thereof which can be sustained or given effect without the invalid section, clause or provision or application, and to this end the various sections, clauses and provisions of this chapter are declared to be severable.
This chapter shall take effect immediately.