[HISTORY: Adopted by the Board of Trustees of the Village of Farmingdale as indicated in article histories. Amendments noted where applicable.]
Article I Park and Recreational Land Fees
[Adopted 5-7-2007 by L.L. No. 5-2007 (Ch. 67, Art. II, of the 1975 Code)]
The Board of Trustees finds that:
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.
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.
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.
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.
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.
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.
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.
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.