[HISTORY: Adopted by the Town Board of the Town of Mount Pleasant as indicated in article histories. Amendments noted where applicable.]
[Adopted 3-25-1969 as Ch. 26 of the 1969 Code]
The following shall apply to all parks and land owned by the Town of Mount Pleasant.
No person shall injure, deface or disturb any part of the park, building, sign or equipment therein or remove, injure or destroy any tree, flower, shrub, rock or other mineral found therein.
No person shall set fire or assist another to set fire anywhere on parkland without obtaining a permit from the Recreation Department.
No person shall throw, cast, lay, drop, discharge, deposit, bring or leave in any part of the park any garbage, sewage, refuse, waste or other obnoxious material otherwise than in receptacles or pits provided for such purposes.
No person shall introduce or carry any firecrackers or fireworks or throw, cast, kick or strike any baseball, golf ball, football, basketball or other object except in places designated therefor.
No person shall loiter or remain within the park or any part thereof in a vehicle or otherwise, after the posted closing hours at such park without general or special permission.
No person shall use firearms or bows and arrows or any other weapons.
The feeding of Canada geese or other wildlife in town parks or property is prohibited.
Parks shall be open to the public from 9:00 a.m. until dusk unless otherwise specified.
Violation of this article shall be punishable as a violation under the Penal Law of the State of New York. Any person who violates any provision of this article shall, upon conviction thereof, be subject to a fine not to exceed $250 or to imprisonment not to exceed 15 days, or both.
[Adopted 5-14-1991 as L.L. No. 1-1991]
Pursuant to the authority duly vested in it, it is the intention of the Town Board to require the provision of parkland and recreation land in conjunction with site plan approval for office, multifamily and two-family development in the Town of Mount Pleasant. The Town of Mount Pleasant finds that office, multifamily and two-family development places an added burden on the town in providing adequate park and recreation areas to serve the needs of the inhabitants, occupants and users of such development. In the event that it is not practical for a particular development to provide park and recreation lands, it is in the best interest of the town and its residents to require funds to be paid to the town exclusively for neighborhood parks, playgrounds or recreational purposes, including the acquisition of property. Such funds shall be intended to benefit primarily, but not exclusively, the inhabitants, occupants and users of the developments subject to the fee.
Except as provided in §§ 149-7 and 149-8 below, all office, multifamily and two-family development shall include a park and/or recreation area (recreation area) which is planned, designed and maintained for the exclusive use of the inhabitants, occupants and users of such development and their nonpaying guests. The recreation area shall be 10% of the total lot area and shall be improved with recreational facilities as deemed necessary by the Planning Board. The plan for the recreation area shall be subject to Planning Board approval as to location, design and adequacy, taking into consideration the size of the development, the anticipated occupancy of the units/offices and the anticipated recreational needs of the population to reside, occupy or otherwise use such development.
When the Planning Board determines that a suitable recreation area of adequate size and character for park and recreation purposes and improved with adequate recreational facilities cannot be properly located in any such development or is otherwise not practical, the Board may require as a condition of approval of any such site plan a payment to the town of the sum required pursuant to the Town of Mount Pleasant Schedule of Fees or any part thereof in proportion to the amount of required land and/or facilities not provided, which shall constitute a trust fund to be used by the town exclusively for neighborhood park, playground or recreation purposes, including acquisition of property.
Property owners whose land is part of a previously approved subdivision consisting of the same number of lots as dwelling units now proposed from which parkland or a fee in lieu thereof has been provided pursuant to § 4.51 of the Town of Mount Pleasant Subdivision Regulations shall be exempt from the provisions of this article.
Property owners whose land is part of a previously approved subdivision consisting of fewer lots than the number of dwelling units now proposed from which parkland or a fee in lieu thereof has been provided pursuant to § 4.51 of the Town of Mount Pleasant Subdivision Regulations shall be exempt from the provisions of this article up to the amount of parkland or fee in lieu thereof already provided, and payment of further fees shall be required only for the amount of office development or number of lots or bedrooms which exceeds that previously approved.
Where a tract of land approved for development under § 149-7 above for which a recreation fee in lieu of parkland has been received is subsequently processed as a subdivision, credit against any fee normally arising from the subdivision will be given for any fee already paid under § 149-7 above. A development will be exempt from further recreation fees to the extent of the number of lots or bedrooms for which fees in lieu of parkland have already been paid, and payment of further recreation fees shall be required only for the amount of office development or number of lots or bedrooms which exceeds that previously approved.
Accessory apartments and units required to be affordable housing shall be excluded from the application of this article.
All ordinances or local laws of the Town of Mount Pleasant or parts thereof in conflict with the provisions of this article are hereby superseded to the extent necessary to give this article full force and effect.
This article shall supersede inconsistent provisions of Town Law Article 16, § 277, Subdivision 1, and § 274-a.