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
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`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 .............................................
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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
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