[Adopted 2-5-1987 by Res. No. 2-87]
[Amended 7-2-1987 by Res. No. 43-87; 8-27-2008 by Res. No.
179-08]
When the Philipstown Planning Board determines
that a suitable park or parks of adequate size cannot be properly
located in a plat or are otherwise impractical and that payment shall
be made to the Town, such payment shall consist of the sum of $5,000
for the second and each additional lot subdivided from a tract and
required to be shown on a plat approved by the Planning Board when
such lot is located in a residential zone or is intended to be used
for residential purposes and does not contain an existing dwelling
(e.g., if a single tract is divided into two lots, a recreation fee
of $5,000 shall be payable for the one new lot).
The required payment shall be made to the Town
prior to endorsement of the Planning Board approval on the plat, and
the sum received by the Town shall be placed in a trust fund to be
used by the Town, as authorized by the Town Board, exclusively for
neighborhood park, playground or recreation purposes, namely for acquisition
of property and/or development of park, playground or recreation facilities
(this expressly excludes any use for current operating expenses of
recreation programs) located either outside the Villages of Cold Spring
and Nelsonville or within such villages when the property is to be
owned by and/or the facilities are to be owned by the Town of Philipstown.
This article may be modified from time to time
by the Town Board in accordance with § 227, Subdivision
1, of the Town Law, as the same may be amended from time to time.
