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LL 06 Recreation Areas/ Fees � r (Please Use this Form for Filing your Local Law with the Secretary of State) Text of law should be given as amended. Do not include matter being eliminated and do not use italics or underlining to indicate new matter. QUEENSBURY TownWof............................................................................................................................ Local Law No..................6'...................................... of the year 19 26 A local law ...Providing for the Reservation of Recreation Area$,,,QK..MQr� ................................................................................................................................. (Inaeretitle) in Lieu Thereof as a Condition Precedent to Site Plan Approval Be it enacted by the TOWN............ BOARD ,_ of the ....................... ...................................................................... (Name of Legislative Body) of.............QUEENSBURY................................................................................................................................................. as follows: Town MNX SECTION 1. Legislative Intent. It is the purpose of this section to require developers of multiple family dwelling units to reserve recreation areas or money in lieu thereof as a condition precedent to site plan approval in order to provide the people of the Town of Queensbury with certain planned neighborhood recreational areas, and to preserve open space for that time when the Town may be largely developed. The term multiple family dwelling shall have the definition set forth in Section 2.020 (a) (73) of the Town of Queensbury Zoning Ordinance. The term recreational areas for purposes of this local law shall have the same definition as "open space recreation use" set forth in Section 2.020 (a) (79) of the Town of Queensbury Zoning Ordinance except that it shall also include land used for conservation purposes. The list provided for in Section 2.0 0 (a) (79) is not exclusive and other similar uses shall be permitted at the Planning Board's discretion. SECTION 2. Authority. This local law is enacted pursuant to the provisions of Section 10 of the Municipal Home Rule Law of the State of New York. SECTION 3. The developer of a multiple family dwelling unit, hereinafter referred to as developer, proposing land dedication shall file with the Planning Board a site plan detailing the sites for the development of a park, playground or other recreational facility. Recreation space shall be provided by the developer on the basis of at least 1000 sq. feet per lot, but in no case shall the amount be more than 10% of the total area of the development. Such area or areas may be dedicated to the Town by the developer if the Town Board approves such dedication. All lands designated on the site plan as park, playground, or other recreation area not in Town ownership shall be subject to such conditions as the Planning Board may establish such as hours of operation, access to the general public, use and maintenance of such lands as deemed necessary to assure the preservation of such land for their intended purposes. Such conditions shall be shown on the site plan prior to site plan approval and recording. The Planning Board shall consider the following in determining the suitability of the reserved land for recreational purposes: K`(If additional space is needed, please attach sheets of the same size as this and number each)'m ■rw,��i aaaaa.�a� `Page 1 r. 1. The size and shape of the reserved land. 2. Whether the land is usable land, which for purposes of these regulations shall be taken to mean land that is relatively level and dry. 3. The location of the reserved land, ie. whether the land is: a. located in an area which is heavily populated b. near other recreation areas C. near other recreation areas providing the same type of recreation d. in a location which will provide a safe and accessible recreation area for Town residents. SECTION 4. When requested by the developer, or in cases where the Planning Board finds that due to the size, shape, topography or location of the development, land for park, playground or other recreation purpose cannot be properly located therein, the Board may waive the requirement that the site plan show land for such purposes. The Board shall then require as condition of approval of the site plan a payment of recreation fees in lieu of land, in an amount equal to $250.00 per dwelling unit. Such amount shall be paid to the Town Board at the time of final site plan approval and no site plan shall be approved by the authorized officer of the Planning Board until such payment is made. Such payments shall be held in a special fund for acquisition and development of recreation land. All money in this fund is to be used only for: 1. The purchase of land that is suitable for new or enlarged parks, playgrounds or open spaces and located so as to serve the inhabitants of the Town's residential neighborhoods, and 2. The improvement of new or existing park, playground and open space lands which serve the Town's residential neighborhoods. In any case the Planning Board shall be satisfied that required recreation land will be maintained and will not be used for other than recreation purposes. SECTION 5. Nothing in this section will be construed as prohibiting a developer from reserving other land for recreation purposes in addition to the requirements of this section. SECTION 6. The Planning Board shall not at any time authorize the waiver of both the land dedication and fee in lieu thereof requirements. SECTION 7. The local law shall take effect immediately. Page 2 r . (Complete the certification in the paragraph which applies to th,filing of this local law and strike out the matter therein which is not applicable.) 1. (Final adoption by local legislative body only.) I hereby certify that the local law annexed hereto, designated as local law No. ..6..............of 19..8.6. nMKY of the 7XWn of...QU QUEN-ULT.RY........... was duly passed by the ............TOWN..BOARD............................................... ow xxxxxp (Name of Legislative Body) on..........MAY.....13..................... 19..86. in accordance with the applicable provisions of law. 2. (Passage by local legislative body with approval or no disapproval by F,lective Chief Executive Officer,* or repassage after disapproval.) hereby certify that the local law annexed hereto,desigliatedas local law No. ....................of 19........ County City ofthe Town of......................................was duly passed by the .................................................................................. Village (Name of Legislative Body) not disapproved on..................................................19........ and was approved by the ....................................................... repassed after disapproval Elective. Chief Executive Officer * in(] was deemed duly adopted on.....:..................................................19........ , in accordance with the applicable provisions of law. 3. (Final adoption by referendum.) 1 hereby certify that the local law annexed hereto, designated as local law No. .................. of 19.......... County ofthe City of......................................was duly passed by the.................... ................................................................ '[,own (Name of Legislative Body) Village not disapproved on...................................................19........ and was approved by the............................................................... repassed after disapproval Elective Chief Ixecutive Officer on......................................................................19......... Such local law was submitted to the people by reason of a mandatory permissive referendum,and received the affirmative vote of a majority of the qualified electors voting general thereon at the special election held on......................................................19........ , in accordance with the appli- annual cable provisions of law. 4• (Subject to permissive referendum,and final adoption because no valid petition filed requesting referendum.) I hereby certify that the local law annexed hereto,designated as Iocal law No. .................. of 19.......... County City ofthe of...................................... was duly passed by the............................................................................. Town (Name of Legislative Body) Village not disapproved ...................................................... 19........ and was approved by the .........................................................on repassed after disapproval Elective Chief Executive Officer* ..•.•..•....................................................19......... Such local law being subject to a permissive referendum and no valid petition requesting such referendum having been filed, said local law was deemed duly adopted on .•••••... ............................... 19......... in accordance with the applicable provisions of law. 'Elective Chief Executive Officer means or includes the chief executive officer of a county elected on a county-wide basis or, if there be none, the chairman of the county legislative body,the mayor of a city or village or the supervisor of a town, where such officer is vested with power to approve or veto local laws or ordinances. Page 3 5. (Cit) local law concerning Charter re%ision proposed by petition.) I herebti certify that the local law annexed hereto,designated as local law No. ....................of 19........ of the City of................................................ ..................... having been submitted to referendum pursuant to the provisions of § 37 of the Municipal Home Rule Law,and Laving received the affirmative vote of a majority of the qualified electors of such city- voting thereon at the special election held on .................................. general ................ 19............ became operative. 6. (County local law concerning adoption of Charter.) I liereby certify that the local law annexed hereto, designated as Local Law No. ......of 19...... of the County of ......................................... State of New York, having been submitted to the Electors at the General Election of November ........... 19 ........... pursuant to subdivisions 5 and 7 of Section 33 of the Muni- cipal I-Ionie Rule Law,and having received the affirmative vote of a majority of the qualified electors.of the cities of said county as a unit and of a majority of tile qualified electors of the towns of said county considered as a unit voting at said general election, became operative. (If any other authorized form of final adoption has been followed, please provide an appropriate certification.) DW I further certify that I have compared the preceding local law with the original on file in this office and that the same is a correct transcript therefrom and of the whole of such original local law, and was finally adopted in the manner indicated in paragraph ..........1................ above. Clerk of the County legislative body,City.Town or Vilt9a Clerk or officer designated by local legislative body _ Datr-: MAY 15, 1986 (Seal) (Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney or other authorized Attorney of locality.) STATE OF NEW YORK COUNTY OF.......WARREN............................... 11 the undersigned, hereby certify that the foregoing local law contains the correct text and that all proper proceedings have been had or taken for the enactment of the local law annexed hereto. Signature TOWN CO . . . . . . . . . . . . .UNSEL. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . TiUe Date: MAY 15, 1986Hti� of................... QUEENSBURY Town ............................................. �fi�l;atg�C Page IkINRM iboo _�p�inNllt 110(im TOWN 'OF QUEENSM RY-TOWN CLERIC TO BAY AT HAVI . (CKy,80ft aw ZIP �{ M , P11�k n 1N�. w aI�M M1M "gy�ppp'PRWAIS d1, 4sM� �'tNE.ff/D CLERK 1�ERwM1 TOWN OF UZMSBURY- 1'� , .• ;. BAY AT IaA�I�► � swatsay No. Ol ljl&ZNSBURY NYS Department of State Bureau of State Records 162 Washington Avenue Albany, NY 12231 Mrleen M. Dougher Town. Clerk Town of Queensbury Town office building Bay & Haviland Roads, R.D. Glens Falls, NY 12801 i L 1