[Adopted 6-21-2010 by L.L. No. 7-2010[1]]
The Board of Trustees of the Village of East Hills determines
that, to protect the best interests of the residents of the Village
of East Hills, the public interest requires the setting aside of property
as parkland or the provision of a cash equivalent for park and recreational
purposes when any subdivision is granted or a change in use is approved
by the Incorporated Village of East Hills.
A.
Ten percent of the gross land, whether commercial or residential,
which is subdivided or for which the use in zoning is changed shall
be set aside for park and recreational purposes. The land reserved
or provided for sports and recreational purposes shall be of a suitable
topography and of such general character to allow for recreational
use and enjoyment by residents. The Board of Trustees or Planning
Board, as the case may be, shall determine the precise land provided
for these purposes and shall ensure the land has adequate street access
for the purpose.
B.
In the event the land is too small to permit the proper use for these
purposes, the Board of Trustees or the Planning Board shall accept
a cash equivalent to the market value of the property which would
have been reserved.
C.
The Board of Trustees or the Planning Board, as the case may be,
may require, in order to facilitate pedestrian access from streets
to schools, parks, playgrounds, or other nearby streets, perpetual
unobstructed easements at least 20 feet in width. Such easements shall
be indicated on the plat.
D.
Alternatively, in cases where the Board of Trustees or the Planning
Board, as the case may be, deems it appropriate, a fee equivalent
to the market value of 10% of the entire property to be subdivided
may be accepted by the Incorporated Village of East Hills from the
owner so long as it is used to develop, build, maintain or defray
the costs of existing or prospective parks and recreational facilities
or programs.
[Amended 3-10-2021 by L.L. No. 4-2021]
In those cases where a developer wishes to offer to the Village
the land for a park or recreational purpose, the Board of Trustees
or Planning Board, as the case may be, may request the assistance
of the Village Attorney to assure that such conveyance will be acceptable
in form and procedure. In general, such conveyance should satisfy
the following requirements:
A.
The deed shall be in the form of a bargain and sale deed with a covenant
against the grantor's acts.
B.
In the case of street widening or realignment reservations, the conveyance
shall be unrestricted as to future use.
C.
The description in the deed shall correspond to the description set
forth in the subdivision survey.
D.
The deed shall be accompanied by a copy of the grantor's title report,
together with the name of the grantor's title company, showing the
status of the title to his or her property.
All applications for a subdivision or change in use shall comply
with the terms of this article.
