[Adopted 10-22-2007 by L.L. No. 11-2007; amended in its entirety 12-23-2019 by L.L. No. 14-2019]
The Town of Victor recognizes that rapid residential development within the Town places great demands upon the Town's parks and recreational facilities. In order to manage residential development consistent with the Town's Comprehensive Plan and Park and Recreation Master Plan, the Town finds it necessary to empower the Planning Board to review residential land use for the adequacy of future park and recreational uses.
A. 
In the event the Planning Board determines pursuant to § 27-13C of this article that a payment to the Town of fees in lieu of parkland dedication must be made, the Town Board of the Town of Victor hereby finds and determines that the fees related to future parks and recreation needs for land acquisition and development are necessary on a per-family-dwelling-unit basis in order to provide the park and recreational space and facilities demanded by the residents of the Town of Victor. This finding is premised upon the 2007 Strategic Plan Initiative which identified the Town goals and objectives with respect to park and recreational needs, the Park and Recreation Citizen's Advisory Committee which has continually advised the Town Board as to the need for park and recreation space and facilities, and other information received by the Town Board of the Town of Victor. The fees collected are to be held in trust exclusively for the acquisition and development of future parks and recreational facilities. The Town Board of the Town of Victor further finds and determines that the fee schedule may also serve to slow the rapid development and demands placed upon the Town's Parks and Recreation Department facilities.
B. 
No building permit shall be issued for new residential construction unless and until the applicant has paid the parks and recreation fee. Said fee is to be assessed on a per-family-living-unit basis and shall apply to all housing types in all zoning districts.
C. 
All fees as set by resolution by the Town Board are on file in the office of the Town Clerk where they are available for examination during regular business hours.
A. 
The Planning Board is hereby specifically authorized and empowered to require lands for reservation and dedication in conjunction with its review of a residential land use application, or to require a payment of fees in lieu of parkland as set forth in this article.
B. 
In accepting and locating lands to be reserved and dedicated, the Board shall consider consistency of the proposed lands with the Town's Park and Recreation Master Plan, suitability of the land for park and recreational uses, adequacy of the proposed land for the number of dwelling units within the land use application, whether developed park and recreational facilities in the proposed location would be consistent with the Town Comprehensive Plan and Parks and Recreation Master Plan, and whether developed park and recreation facilities would have a detrimental impact on the surrounding neighborhoods or the environment. The Planning Board may not waive the park and recreation fees without receiving comment from the Victor Department of Parks and Recreation.
C. 
In the event that the Planning Board determines that reservation of land of adequate size and suitable purpose cannot be practically located in a proposed residential land use application or that said reservation would not appropriately serve the locale, the Board shall condition its approval of a residential land use application upon payment to the Town of fees pursuant to the schedule or as otherwise found to be appropriate by the Board. It is noted that a fee in lieu of parkland is preferable to additional lands because the Town has a large quantity of undeveloped parkland, and additional funds would facilitate development of these lands for park and recreational uses.
D. 
All fees collected pursuant to this article shall be held in trust for the Town to be used exclusively for the acquisition and/or development of parks, playgrounds, recreation facilities or open land areas in the Town. Such fees will be collected prior to the issuance of the building permit.
The Town Board shall have the authority to waive or reduce fees charged to an applicant pursuant to this article on a case-by-case basis upon a showing by the applicant of undue hardship or inappropriateness. Said applicant shall file an application for fee waiver or reduction with the office of the Town Clerk within 30 days of the approval of the residential land use application. Failure to apply for a waiver or reduction of fees pursuant to this article shall bar the applicant from commencing an action in a court of competent jurisdiction to challenge the imposition of said fees.
This article is enacted pursuant to the authority of Chapter 365 of the Laws of 1976 which added a new Subparagraph (3) to Paragraph d of Subdivision 1 of § 10 of the Municipal Home Rule Law, authorizing a town to adopt a local law which amends or supersedes any provision of the Town Law in relation to the property, affairs or government of the town or in relation to any of the other enumerated subject matters in such § 10, unless there is a state legislative restriction on such amendment or supersession. It is the intent of the Victor Town Board to supersede the Town Law as it relates to fees in lieu of lands to be dedicated.