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LL 04 Recreation Fees/ Property LOCAL LAW NUMBER 4, 1990 A LOCAL LAW PROVIDING FOR THE DEDICATION OF PARKS OR RECREATION AREAS OR A PAYMENT OF A SUM IN LIEU THEREOF AS A CONDITION PRECEDENT TO SITE PLAN, SUBDIVISION OR PLANNED UNIT DEVELOPMENT APPROVAL BE IT ENACTED BY THE TOWN BOARD OF THE TOWN OF QUEENSBURY AS FOLLOWS: SECTION 1: Title: This Local Law shall be titled: A Local Law providing for the dedication of parks or recreation areas or a payment of a sum in lieu thereof as a condition precedent to site plan, subdivision or Planned Unit Development approval. SECTION 2: Authority: The authority for this Local Law is Municipal Home Rule Law §10 1.60 d.(3). SECTION 3: Legislative History and Purpose: The Town Board of the Town of Queensbury is of the opinion that recreation parks, facilities and areas within the Town of Queensbury are important to the residents of the Town of Queensbury and that development of new facilities, parks and areas is important and necessary due to the creation, from time to time of new housing units which in turn create a greater demand for recreational services. The Town Board of the Town of Queensbury is of the further opinion that the new recreational facilities, areas and parks should be planned for and developed in connection with the development of subdivisions, new multi-family developments, and planned unit developments but also recognizes that it is not always practical or does not always make good planning or economic sense for such recreational facilities, parks or areas to be established on the site to be developed. The purpose therefore of this Local Law is to require developers of multi-family units, subdivisions and planned unit developments, as a condition precedent to site plan, subdivision approval, or planned unit development authorization and approval, to reserve and dedicate to the Town of Queensbury parks and recreation areas upon, contiguous to the proposed development site, or in an area that will be beneficial to the site for which approval of the Town Board or Planning Board of the Town of Queensbury is required by law or, when more appropriate, to pay a sum, to be fixed by the Town Board of the Town of Queensbury in lieu thereof. The objective is to provide recreational areas or funds with which to acquire the same or improve existing facilities which will benefit the future residents of the subdivisions, multi-family developments, and planned unit developments and respond to the continuing demand for recreational parks, areas and facilities. This Local Law shall also retroactively effect some projects that have already been approved as set forth herein. The rationale for this retroactive policy is that this Local Law should generally benefit the effected subdivision, multiple family and planned unit developers who have already received approvals and should not cause any additional fees to be paid by them. -228- SECTION 4: State, Statute and Local Ordinances and Laws Amended and Superseded: This Local Law shall amend and supersede Town Law §274-a paragraph no. la. & b., Town Law Section 277, paragraph no. I. (as in effect on the date of adoption of this Local Law) Town of Queensbury Zoning Ordinance 5.070 and 15.050 (adopted October 1, 1988) Town of Queensbury Subdivision Regulations Article 7, B. 3, 4 & 5 (adopted October 1, 1988) Town of Queensbury Local Law #6 of 1986 entitled "A Local Law Providing For the Reservation of Recreational Areas or Money in Lieu Thereof as a Condition Precedent to Site Plan Approval" and Town of Queensbury Local Law #8 of 1988 entitled "A Local Law Amending Local Law No. 6, 1986, and Providing for the Reservation of Recreation Areas or Money in Lieu Thereof as a Condition Precedent to Site Plan Approval" in their entirety as set forth herein. The proposed amendment and supercession of the aforesaid State Statutes, Local Laws, Ordinances, and Subdivision Regulations is only to the extent that this Local Law shall require, as a condition precedent to site plan, subdivision, and Planned Unit Development authorization and approval by the Town Board or Planning Board of any subdivision, multi-family dwelling, or Planned Unit Development, the reservation and dedication to the Town of Queensbury of park or recreational areas or facilities or the payment of certain sums as more fully set forth herein. The aforesaid sections of the State Statutes, Town Zoning Ordinance, Town Subdivision Regulations, and Town Local Laws and all other requirements, duties and obligations or benefits derived thereunder or therefrom shall not be affected other than as indi- cated herein, except that the provisions or lack thereof concerning the dedication of recreation land or payment of fees in lieu thereof in the aforesaid State Statues. Article 15 and Article 7, B. 3, 4 do 5 of the Subdivision Regulations and Local Laws numbered 6, 1986 and Local Laws numbered 8, 1988, shall no longer apply to subdivisions, multi-family developments, or Planned Unit Developments approved on or after October 1, 1988 by the Town Board or the Planning Board for the Town of Queensbury but rather this Local Law shall be controlling, thereby being given retroactive effect to October 1, 1988. SECTION 5: Definitions: a. Assessable Lots: All lots shown on a subdivision plot approved by the Planning Board of the Town of Queensbury on or after October 1st, 1988, with the exception of the following lots: 1) Any lot or plot thereof for which a recreation fee has, previously, been paid to the Town of Queensbury as a condition of subdivision approval; 2) Any lot upon which a principal building was lawfully situated prior to the filing of an application for subdivision approval; b. Assessable Dwelling Units: All dwelling units shown on a site plan approved by the Planning Board of the Town of Queensbury or a Planned Unit Development approved by the Town Board on or after October 1st, 1988. c. The terms multi-family dwelling, principal building, subdivision, and all other terms for which definitions are established in the Zoning Ordinance of the Town of Queensbury adopted October 1, 1988 shall have the definitions provided -229- for thereunder. SECTION 6: Planning Board Approval of Site Plans and Certain Uses - Additional Conditions Precedent: a. In addition to all other requirements set forth in the State Statutes of the State of New York, the Zoning Ordinance of the Town of Queensbury and Local Laws of the Town of Queensbury, the developer of a multiple family dwelling unit, hereinafter referred to as "developer" shall file with the Planning Board a site plan detailing the sites for the reservation and dedication to the Town of Queensbury of a park, playground or other recrea- tional area. Recreational space shall be provided by the developer on the basis of at least 1,000 square 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 shall be dedicated to the Town by the Developer only if the Town Board of the Town of Queensbury approves of such dedication. The Planning Board and Town Board shall consider the following in determining the suitability of the land proposed for dedication for recreational purposes: 1. The size and shape of the reserved land and whether, among other things, the reserved land is of a reasonable size for a park or other recreation use; 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, i.e., whether the land is: a. located in the area which is heavily populated; b. near other recreational areas; c. near other recreational areas providing the same type of recreation; d. in a location which will provide a safe and an accessible recreation area for Town residents; and e. of benefit to the proposed development. 4. The Master Plan for the Town of Queensbury and the Master Plan for Parks do Recreation in the Town of Queensbury in effect at the time the determination of suitability is made. 5. The prospective character of the development and surrounding area. In no event shall the Planning Board of the Town of Queensbury make a determination as to whether it will accept or reject the developer's offer of dedication of lands for recreational space until such time as the Planning Board has served notice of the developer's desire to so dedicate land upon the Town Board of the Town of Queensbury, Planning Department, and Recreation Commission, and afforded the aforedescribed Local Governmental Board, Department and Commission an opportunity to offer comments upon the dedication and discuss the same with the Planning Board. The notice provided for herein shall be served upon the aforementioned Board, Department and Commission no later than ten (10) days following the time the developer makes the offer of dedication of recreational lands and, in no event, shall the Planning Board either reject or accept the proposed dedication until at least ten (10) days following the time notice is served -230- upon the aforementioned Board, Department and Commission. The notice required hereunder shall be addressed to each one of the governmental agencies indicated and shall contain the following information: The date the notice is served; the name of the developer; the name of the subdivision or site plan being reviewed; the location of the project; the amount of land proposed to be dedicated for recreational use, the location of the land being offered for recreational purposes; any limitations proposed by the developer; the zoning district within which the land is located; a general description of the nature of the land offered for dedication, i.e., wetland, hilly drain, flat or other description; the date and time when the Planning Board will consider acceptance of the proposed dedication of land. b. Not withstanding paragraph A herein, 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 recreational purposes cannot be properly located therein, or where the developer cannot or does not wish to provide other land for recreational purposes acceptable to the Planning Board, the Board my waive the require- ment that the site plan show land for such purposes. The Planning Board shall then require as a condition of approval of the site plan a payment of recreation fees in lieu of land in an amount equal to the assessment per dwelling unit established by the Town Board of the Town of Queensbury as set forth herein, times (x) the number of assessable dwelling units, except that the Developer shall receive a credit towards the amount due hereunder of any sums previously paid for the land or any portion thereof which has been previously subjected to review and approval by the Planning Board of the Town of Queensbury and for which a recreation fee has been paid. The Planning Board shall not at any time authorize the waiver of both the land dedication and fee in lieu thereof. c. Any amounts paid pursuant to this Local Law shall be paid to the Town Board of the Town of Queensbury at the time of final site plan approval or immediately thereafter and no site plan shall be signed by the authorized officer of the Planning Board until such payment is made. SECTION 7: Planning Board Approval of Subdivisions - Additional Conditions Precedent: a. In addition to all other requirements set forth in the State Statutes of the State of New York, the Zoning Ordinance of the Town of Queensbury and Local Laws of the Town of Queensbury, the developer of a subdivision, hereinafter referred to as "developer" shall file with the Planning Board a plat detailing the sites for the reservation and dedication to the Town of .Queensbury of a park, playground or other recreational area. Recrea- tional space shall be provided by the developer on the basis of at least 1,000 square feet per lot, but in no case shall the amount be more than 10% of the total area of the subdivision. Such area or areas shall be dedicated to the Town by the Developer only if the Town Board of the Town of Queensbury approves of such dedication. The Planning Board and Town Board shall consider the following in determining the suitability of the land proposed for dedication for recreational purposes: 1. The size and shape of the reserved land and whether, among other things, the reserved land is of a reasonable size for a park or other recreational use; 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; -231- 3. The location of the reserved land, i.e., whether the land is: a. Located in the area which is heavily populated; b. Near other recreational areas; c. Near other recreational areas providing the same type of recreation; d. In a location which will provide a safe and an accessible recreation area for Town residents; and e. Of benefit to the proposed development. 4. The Master Plan for the Town of Queensbury in effect at the time the determination of suitability is made. 5. The prospective character of the development and surrounding area. In no event shall the Planning Board of the Town of Queensbury make a determination as to whether it will accept or reject the developer's offer of dedication of lands for recreational space until such time as the Planning Board has served notice of the developer's desire to so dedicate land upon the Town Board of the Town of Queensbury, Planning Department, and Recreation Commission, and afforded the aforedescribed Local Governmental Board, Department and Commission an opportunity to offer comments upon the dedication and discuss the same with the Planning Board. The notice provided for herein shall be served upon the aforementioned Board, Department and Commission no later than ten (10) days following the time the developer makes the offer of dedication of recreational lands and, in no event, shall the Planning Board either reject or accept the proposed dedication until at least ten (10) days following the time notice is served upon the aforementioned Board, Department and Commission. The notice required hereunder shall be addressed to each one of the governmental agencies indicated and shall contain the following information: The date the notice is served; the name of the developer; the name of the subdivision being reviewed; the location of the project; the amount of land proposed to be dedicated for recreational use, the location of the land being offered for recreational purposes; any limitations proposed by the developer; the zoning district within which the land is located; a general description of the nature of the land offered for dedication, i.e., wetland, hilly drain, flat or other description; the date and time when the Planning Board will consider acceptance of the proposed dedication of land. b. Not withstanding paragraph A hereof, when requested by the Developer, or in cases where the Planning Board finds that due to the size, shape, topography, or location of the subdivision, land for park, playground or other recreational purposes cannot be properly located therein, or where the developer cannot or does not wish to provide other land for recreational purposes acceptable to the Planning Board, the Planning Board may waive the requirement that the subdivision plat show land for such purposes. The Planning Board shall then require as a condition of approval of the subdivision plat a payment of recreation fees in lieu of land in an amount equal to the assessment per lot -232- established by the Town Board of the Town of Queensbury as set forth ; herein, times (x) the total number of assessable lots shown on the subdivision plat, except in the case of a proposed subdivision of land containing 4 or less lots which subdivides land not previously subdivided by application to any Planning Board of the Town of Queensbury where the payment of recreation fees in lieu of land shall be in an amount equal to the assessment per lot established by the Town Board of the Town of Queensbury as set forth herein, times (x) the total number of assessable lots shown on the subdivision plat less or minus 1 lot. This exception shall not apply to any subdivisions which were not subdivided by application to any Planning Board of the Town of Queensbury but were legally required to be to subdivided. The Planning Board shall not, at any time, authorize the waiver of both the land dedication and fee in lieu thereof. c. Any amounts paid pursuant to this Local Law shall be paid to the Town Board of the Town of Queensbury at the time of final subdivision plat approval. (final subdivision plot approval does not, as used in this Local Law, include conceptual or preliminary approvals) or immediately thereafter and no subdivision plat shall be signed by the authorized officer of the Planning Board until such payment is made. SECTION 8: Town Board Approval of Planned Unit Developments Additional Conditions Precedent: a. In addition to all other requirements set forth in the State Statutes of the State of New York, the Zoning Ordinance of the Town of Queensbury, and Local Laws of the Town of Queensbury, the developer of a Planned Unit Development, hereinafter referred to as "Developer" shall file with the Town Board, a plat detailing the sites for the reservation and dedication to the Town of Queensbury of a park, playground or other recreational area. Recreational space shall be provided by the Developer on the basis of at least 1,000 square feet per lot, but in no case shall the amount be more than 10% of the total area of the Planned Unit Development. Such area or areas shall be dedicated to the Town by the Developer, only if the Town Board of the Town of Queensbury approves of such dedication. The Town Board shall consider the following in determining the suitability of the land proposed for dedication for recreational purposes: 1. The size and shape of the reserved land and whether, among other things, the reserved land is of a reasonable size for a park or other recreation use; 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, i.e., whether the land is: a. located in an area which is heavily populated; b. near other recreational areas; c. near other recreational areas providing the same type of recreation; -233- r d. in a location which will provide a safe and an accessible recreation area for Town residents; and e. of benefit to the proposed development. 4. The Master Plan for the Town of Queensbury in effect at the time the determination of suitability is made. 5. The prospective character of the development and surrounding area. b. Not withstanding paragraph A hereof, when requested by the Developer, or in cases where the Town Board finds that due to the size, shape, topography, or location of the Planned Unit Development, land for parks, playgrounds, or other recreational purposes cannot, be properly located therein, or where the Developer cannot or does not wish to provide other land for recreational purposes acceptable to the Planning Board, the Town Board may waive the requirement that the Planned Unit Development show land for such purposes. The Town Board shall then require as a condition of approval of the Planned Unit Development, a payment of recreation fees in lieu of land in an amount equal to the assessment per dwelling unit established by the Town Board of the Town of Queensbury, as set forth herein, times W the number of assessable dwelling units planned for the Planned Unit Development at the time approval is given, except that the Developer shall receive a credit towards the amount due hereunder of any sums previously paid for the land or any portion thereof, which has been previously subjected to review and approval by the Planning Board of the Town of Queensbury, and for which a recreation fee has been paid. The Town Board, however, shall not at any time authorize the waiver of both the land dedication and fee in lieu thereof. c. Any amounts paid pursuant to this Local Law shall be paid to the Town Board of the Town of Queensbury at the time that final approval is issued by the Town Board and the Planned Unit Development is authorized, or immediately thereafter, and no Planned Unit Development shall undergo site plan review by the Planning Board following the Planned Unit Development approval and rezoning as set forth in the Zoning Ordinance of the Town of Queensbury until such time as all recreation fees are paid. d. A Planned Unit Development for which recreation fees are paid or land is dedicated as required herein, shall not be assessed any further recreation fees or be required to dedicate any further recreation lands by the Planning Board or any other Board during subsequent reviews, unless the total number of assessable dwelling units exceeds the number of assessable dwelling units planned at the time the Planned Unit Development was approved, in which case, any Board issuing further approvals, may assess additional recreation fees in accordance with the formula set forth herein, or require additional plans to be set aside and dedicated for recreational purposes. SECTION 9: Establishment of Recreation Fee Assessment Per Dwelling Unit Per Assessable Lot: The recreation fee, if applicable as set forth herein, shall be $500.00 per dwelling unit in the case of site plan or Planned Unit Development approvals and $500.00 -234- per lot in the case of subdivision plat approvals. The Town Board of the Town of Queensbury is hereby authorized to amend, from time to time as it deems appropriate, the amount of recreation fees to be assessed each assessable lot or dwelling unit, by Town Board Resolution adopted by majority vote following a public hearing. Notice of the said public hearing shall have been duly published not less than ten (10) nor more than twenty (20) days prior to the public hearing, in the official Town newspaper or a newspaper of general circulation within the Town of Queensbury and posted on the Town Clerk Sign Board. In the event that the fee is amended or changed as provided herein, the fee set forth herein shall not be controlling. SECTION 10: Retention and Use of Funds by the Town of Queensbury: Any payments made of recreational fees pursuant to this Local Law 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 the following: 1. The purchase of land that is suitable for new or enlarged parks, playgrounds or open spaces and located so as to benefit the inhabitants of subdivisions, multi-family dwellings, or Planned Unit Developments, the developers of which originally contributed recreational funds. 2. The improvement of new or existing parks, playgrounds and open space lands which benefit the residents of the subdivisions, multi-family development, or Planned Unit Development, the Developers of which paid recreation fees to the Town of Queensbury pursuant to this Local Law. 3. In any case, the Town Board shall be satisfied that required recreational land will be maintained and will not be used other than for recreational purposes. SECTION 11: Reservation of Land By Developer: Nothing in this Local Law shall be construed as prohibiting a Developer from reserving other land for recreational purposes in addition to the requirements of this Section, and the Planning Board shall have the right to regulate the hours of operation, access by the general public, use and maintenance and otherwise regulate the use of the same. SECTION 12: Applicability: The terms and provisions of this Local Law shall apply to any subdivision plat, multiple family dwelling site plan, or Planned Unit Development, which was reviewed and approved in accordance with the provisions of the Zoning Ordinance for the Town of Queensbury which was adopted on October 1, 1988. Any developments which were reviewed or approved under any Zoning Ordinance or Subdivision Regulations other than the Zoning Ordinance adopted October 1, 1988 by the Town of Queensbury shall not be affected in any manner by this Local Law and the respective Zoning Ordinances, Subdivision Regulations, and Local Laws numbered 6 of 1986 and Local Law numbered 8 of 1988 shall be controlling. SECTION 13: Repealer: This Local Law to the extent that it applies to all site plan reviews and approvals performed or authorized under the Zoning Ordinance of the Town of Queensbury adopted on or after October 1, 1988 repeals the Local Laws numbered 6 of 1986 -235- and Local Law number 8 of 1988. - SECTION 14: Effective Date: This Local Law shall take affect immediately and as provided in the Municipal Home Rule Law of the State of New York. MAY 1990 -236- (Please Ure this Form 6r 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. ALM X Townof . . .Queensbury. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . V�I$� Local Law No. . . . . .1. . . . . . . . . . . . . . . . . . of the year 109 . . . . . . . . A local low . .PROVIDING FOR THE DEDICATION OF PARKS OR RECREATION AREAS OR A VAYMENT OV A'SUM'IN 1;TEU' > OtF'AS'A'CONDITION'PRLCEDENT'TO SITE PLAN, SUBDIVISION OR PL NNED UNIT DEVELOPMENT APPROVAL Be It enacted by the . . . .Town Board. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . of the INameof Lepi�laii�e 6od�) X W- o f . Queensbury Town . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . as follows: IXX SECTION 1: Title: This Local Law shall be titled: A Local Law providing for the dedication of parks or recreation areas or a payment. of a sum in lieu thereof as a condition ' precedent to site plan, subdivision or Planned Unit Development approval. SECTION 2: Authority: The authority for this Local Law is Municipal Home Rule Law §10 1.00 d.W. SECTION 3: Legislative History and Purpose: The Town Board of the Town of Queensbury is of the opinion that recreation parks, facilities and areas within the Town of Queensbury are important to the residents of the Town of Queensbury and that development of new facilities, parks and areas is important and necessary due to the .creation, from time to time of new housing units which in turn create a greater demand for recreational services. The Town Board of the Town of Queensbury is of the further opinion that the new recreational facilities, areas and parks should be planned for and developed in connection with the development of subdivisions, new multi-family developments, and planned unit developments but also recognizes that it is not always practical or does not always make good planning or economic sense for such recreational facilities, parks or areas to be established on the site to be developed. The purpose therefore of this Local Law is to require developers of multi-family units, subdivisions and planned unit developments, as a condition precedent to site plan, subdivision approval, or planned unit development authorization and approval, 'to reserve and .dedicate to the Town of Queensbury parks and recreation areas upon, contiguous to the proposed development site, or in an area that will be beneficial to the site for which approval of the Town Board or Planning Board of the Town of Queensbury is required by law or, when more appropriate, to pay a sum, to be fixed by the Town Board of the Town of Queensbury in lieu thereof. The objective is to provide recreational areas or funds with which to acquire the same or improve existing facilities which will benefit the future residents of the subdivisions, multi-family developments, and planned unit developments and respond to the continuing demand for recreational parks, areas and facilities. This Local Law shall also retroactively effect some projects that have already been approved as set forth herein. The rationale for this retroactive policy is that this Local Law should generally benefit J (11 additional space is needed,please attach sheets of the same size as this and number each) (l) the effected subdivision, multiple family and planned unit developers who have already received approvals and should not cause any additional fees to be paid by them. SECTION 4: State, Statute and Local Ordinances and Laws Amended and Superseded: This Local Law shall amend and supersede Town Law §274-a paragraph no. la. & b., Town Law Section 277, paragraph no. 1. (as in effect on the date of adoption of this Local Law) Town of Queensbury Zoning Ordinance 5.070 and 15.050 (adopted October 1, 1988) Town of Queensbury Subdivision Regulations Article 7, B. 3, 4 & 5 (adopted October 1, 1988) Town of Queensbury Local Law #6 of 1986 entitled "A Local Law Providing For the Reservation of Recreational Areas or Money in Lieu Thereof as a Condition Precedent to Site Plan Approval" and Town of Queensbury Local Law #8 of 1988 entitled "A Local Law Amending Local Law No. 6, 1986, and Providing for the Reservation of Recreation Areas or Money in Lieu Thereof as a Condition Precedent to Site Plan Approval" in their entirety as set forth herein. The proposed amendment and supercession of the aforesaid State Statutes, Local Laws, Ordinances, and Subdivision Regulations is only to the extent that this Local Law shall require, as a condition precedent to site plan, subdivision, and Planned Unit Development authorization and approval by the Town Board or Planning Board of any subdivision, multi-family dwelling, or Planned Unit Development, the reservation and dedication to the Town of Queensbury of park or recreational areas or facilities or the payment of certain sums as more fully set forth herein. The aforesaid sections of the State Statutes, Town Zoning Ordinance, Town Subdivision Regulations, and Town Local Laws and all other requirements, duties and obligations or benefits derived thereunder or therefrom shall not be affected other than as indi- cated herein, except that the provisions or lack thereof concerning the dedication of recreation land or payment of fees in lieu thereof in the aforesaid State Statues. Article 15 and Article 7, B. 3, 4 & 5 of the Subdivision Regulations and Local Laws numbered 6, 1986 and Local Laws numbered 8, 1988, shall no longer apply to subdivisions, multi-family developments, or Planned Unit Developments approved on or after October 1, 1988 by the Town Board or the Planning Board for the Town of Queensbury but rather this Local Law shall be controlling, thereby being given retroactive effect to October 1, 1988. SECTION 5: Definitions: a. Assessable Lots: All lots shown on a subdivision plot approved by the Planning Board of the Town of Queensbury on or after October 1st, 1988, with the exception of the following lots: 1) Any lot or plot thereof for which a recreation fee has, previously, been paid to the Town of Queensbury as a condition of subdivision approval; 2) Any lot upon which a principal building was lawfully situated prior to the filing of an application for subdivision approval; b. Assessable Dwelling Units: All dwelling units shown on a site plan approved by the Planning Board of the Town of Queensbury or a Planned Unit Development approved by the Town Board on or after October 1st, 1988. c. The terms multi-family dwelling, principal building, subdivision, and all other terms for which definitions are established in the Zoning Ordinance of the Town of Queensbury adopted October 1, 1988 shall have the definitions provided for thereunder. SECTION 6: Planning Board Approval of Site Plans and Certain Uses - Additional Conditions Precedent: a. In addition to all other requirements set forth in the State Statutes of the State of New York, the Zoning Ordinance of the Town of Queensbury and Local Laws of the Town of Queensbury, the developer of a multiple family dwelling unit, hereinafter referred to as "developer" shall file with the Planning Board a site plan detailing the sites for the reservation and dedication to the Town of Queensbury of a park, playground or other recrea- tional area. Recreational space shall be provided by the developer on the (2) basis of at least 1,000 square 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 shall be dedicated to the Town by the Developer only if the Town Board of the Town of Queensbury approves of such dedication. The Planning Board and Town Board shall consider the following in determining the suitability of the land proposed for dedication for recreational purposes: 1. The size and shape of the reserved land and whether, among other things, the reserved land is of a reasonable size for a park or other recreation use; 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, i.e., whether the land is: a. located in the area which is heavily populated; b. near other recreational areas; c. near other recreational areas providing the same type of recreation; d. in a location which will provide a safe and an accessible recreation area for Town residents; and e. of benefit to the proposed development. 4. The Master Plan for the Town of Queensbury and the Master Plan for Parks & Recreation in the Town of Queensbury in effect at the time the determination of suitability is made. 5. The prospective character of the development and surrounding area. In no event shall the Planning Board of the Town of Queensbury make a determination as to whether it will accept or reject the developer's offer of dedication of lands for recreational space until such time as the Planning Board has served notice of the developer's desire to so dedicate land upon the Town Board of the Town of Queensbury, Planning Department, and Recreation Commission, and afforded the aforedescribed Local Governmental Board, Department and Commission an opportunity to offer comments upon the dedication and discuss the same with the Planning Board. The notice provided for herein shall be served upon the aforementioned Board, Department and Commission no later than ten (10) days following the time the developer makes the offer of dedication of recreational lands and, in no event, shall the Planning Board either reject or accept the proposed dedication until at least ten (10) days following the time notice is served upon the aforementioned Board, Department and Commission. The notice required hereunder shall be addressed to each one of the governmental agencies indicated and shall contain the following information: The date the notice is served; the name of the developer; the name of the subdivision or site plan being reviewed; the location of the project; the amount of land proposed to be dedicated for recreational use, the location of the land being offered for recreational purposes; any limitations proposed by the developer; the zoning district within which the land is located; a general description of the nature of the land offered for dedication, i.e., wetland, hilly drain, flat or other description; the date and time when the Planning Board will consider acceptance of the proposed dedication of land. b. Not withstanding paragraph A herein, 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 recreational purposes cannot be properly located therein, or where the developer cannot or does not wish to provide other land for recreational purposes acceptable to the Planning Board, the Board my waive the require- ment that the site plan show land for such purposes. The Planning Board shall then require as a condition of approval of the site plan a payment of recreation fees in lieu of land in an amount equal to the assessment per dwelling unit established by the Town Board of the Town of Queensbury as set forth herein, times (3) (x) the number of assessable dwelling units, except that the Developer shall receive a credit towards the amount due hereunder of any sums previously paid for the land or any portion thereof which has been previously subjected to review and approval by the Planning Board of the Town of Queensbury and for which a recreation fee has been paid. The Planning Board shall not at any time authorize the waiver of both the land dedication and fee in lieu thereof. c. Any amounts paid pursuant to this Local Law shall be paid to the Town Board of the Town of Queensbury at the time of final site plan approval or immediately thereafter and no site plan shall be signed by the authorized officer of the Planning Board until such payment is made. SECTION 7: Planning Board Approval of Subdivisions - Additional Conditions Precedent: a. In addition to all other requirements set forth in the State Statutes of the State of New York, the Zoning Ordinance of the Town of Queensbury and Local Laws of the Town of Queensbury, the developer of a subdivision, hereinafter referred to as "developer" shall file with the Planning Board a plat detailing the sites for the reservation and dedication to the Town of Queensbury of a park, playground or other recreational area. Recrea- tional space shall be provided by the developer on the basis of at least 1,000 square feet per lot, but in no case shall the amount be more than 10% of the total area of the subdivision. Such area or areas shall be dedicated to the Town by the Developer only if the Town Board of the Town of Queensbury approves of such dedication. The Planning Board and Town Board shall consider the following in determining the suitability of the land proposed for dedication for recreational purposes: 1. The size and shape of the reserved land and whether, among other things, the reserved land is of a reasonable size for a park or other recreational use; 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, i.e., whether the land is: a. Located in the area which is heavily populated; b.- Near other recreational areas; c. Near other recreational areas providing the same type of recreation; d. In a location which will provide a safe and an accessible recreation area for Town residents; and e. Of benefit to the proposed development. 4. The Master Plan for the Town of Queensbury in effect at the time the determination of suitability is made. 5. The prospective character of the development and surrounding area. In no event shall the Planning Board of the Town of Queensbury make a determination as to whether it will accept or reject the developer's offer of dedication of lands for recreational space until such time as the Planning Board has served notice of the developer's desire to so dedicate land upon the Town Board of the Town of Queensbury, Planning Department, and Recreation Commission, and afforded the aforedescribed Local Governmental Board, Department and Commission an opportunity to offer comments upon the dedication and discuss the same with the Planning Board. The notice provided for herein shall be served upon the aforementioned Board, Department and Commission no later than ten (10) days following the time the developer makes the offer of dedication of recreational lands and, in no event, shall the Planning Board either reject or accept the proposed dedication until at least ten (10) days following the time notice is served upon the aforementioned Board, Department and Commission. The notice required hereunder shall be addressed to each one of the governmental agencies indicated and shall contain the following information: The date (4) the notice is served; the name of the developer; the name of the subdivision being reviewed; the location of the project; the amount of land proposed to be dedicated for recreational use, the location of the land being offered for recreational purposes; any limitations proposed by the developer; the zoning district within which the land is located; a general description of the nature of the land offered for dedication, i.e., wetland, hilly drain, flat or other description; the date and time when the Planning Board will consider acceptance of the proposed dedication of land. b. Not withstanding paragraph A hereof, when requested by the Developer, or in cases where the Planning Board finds that due to the size, shape, topography, or location of the subdivision, land for park, playground or other recreational purposes cannot be properly located therein, or where the developer cannot or does not wish to provide other land for recreational purposes acceptable to the Planning Board, the Planning Board may waive the requirement that the subdivision plat show land for such purposes. The Planning Board shall then require as a condition of approval of the subdivision plat a payment of recreation fees in lieu of land in an amount equal to the assessment per lot established by the Town Board of the Town of Queensbury as set forth herein, times (x) the total number of assessable lots shown on the subdivision plat, except in the case of a proposed subdivision of land containing 4 or less lots which subdivides land not previously subdivided by application to any Planning Board of the Town of Queensbury where the payment of recreation fees in lieu of land shall be in an amount equal to the assessment per lot established by the Town Board of the Town of Queensbury as set forth herein, times (x) the total number of assessable lots shown on the subdivision plat less or minus 1 lot. This exception shall not apply to any subdivisions which were not subdivided by application to any Planning Board of the Town of Queensbury but were legally required to be to subdivided. The Planning Board shall not, at any time, authorize the waiver of both the land dedication and fee in lieu thereof. c. Any amounts paid pursuant to this Local Law shall be paid to the Town Board of the Town of Queensbury at the time of final subdivision plat approval (final subdivision plot approval does not, as used in this Local Law, include conceptual or preliminary approvals) or immediately thereafter and no subdivision plat shall be signed by the authorized officer of the Planning Board until such payment is made. SECTION 8: Town Board Approval of Planned Unit Developments Additional Conditions Precedent: a. In addition to all other requirements set forth in the State Statutes of the State of New York, the Zoning Ordinance of the Town of Queensbury, and Local Laws of the Town of Queensbury, the developer of a Planned Unit Development, hereinafter referred to as "Developer" shall file with the Town Board, a plat detailing the sites for the reservation and dedication to the Town of Queensbury of a park, playground or other recreational area. Recreational space shall be provided by the Developer on the basis of at least 1,000 square feet per lot, but in no case shall the amount be more than 10% of the total area of the Planned Unit Development. Such area or areas shall be dedicated to the Town by the Developer, only if the Town Board of the Town of Queensbury approves of such dedication. The Town Board shall consider the following in determining the suitability of the land proposed for dedication for recreational purposes: 1. The size and shape of the reserved land and whether, among other things, the reserved land is of a reasonable size for a park or other recreation use; 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, i.e., whether the land is: a. located in an area which is heavily populated; b. near other recreational areas; c. near other recreational areas providing the same type of recreation; d. in a location which will provide a safe and an accessible recreation (5) area for Town residents; and e. of benefit to the proposed development. 4. The Master Plan for the Town of Queensbury in effect at the time the determination of suitability is made. 5. The prospective character of the development and surrounding area. b. Not withstanding paragraph A hereof, when requested by the Developer, or in cases where the Town Board finds that due to the size, shape, topography, or location of the Planned Unit Development, land for parks, playgrounds, or other recreational purposes cannot be properly located therein, or where the Developer cannot or does not wish to provide other land for recreational purposes acceptable to the Planning Board, the Town Board may waive the requirement that the Planned Unit Development show land for such purposes. The Town Board shall then require as a condition of approval of the Planned Unit Development, a payment of recreation fees in lieu of land in an amount equal to the assessment per dwelling unit established by the Town Board of the Town of Queensbury, as set forth herein, times (x) the number of assessable dwelling units planned for the Planned Unit Development at the time approval is given, except that the Developer shall receive a credit towards the amount due hereunder of any sums previously paid for the land or any portion thereof, which has been previously subjected to review and approval by the Planning Board of the Town of Queensbury, and for which a recreation fee has been paid. The Town Board, however, shall not at any time authorize the waiver of both the land dedication and fee in lieu thereof. c. Any amounts paid pursuant to this Local Law shall be paid to the Town Board of the Town of Queensbury at the time that final approval is issued by the Town Board and the Planned Unit Development is authorized, or immediately thereafter, and no Planned Unit Development shall undergo site plan review by the Planning Board following the Planned Unit Development approval and rezoning as set forth in the Zoning Ordinance of the Town of Queensbury until such time as all recreation fees are paid. d. A Planned Unit Development for which recreation fees are paid or land is dedicated as required herein, shall not be assessed any further recreation fees or be required to dedicate any further recreation lands by the Planning Board or any other Board during subsequent reviews, unless the total number of assessable dwelling units exceeds the number of assessable dwelling units planned at the time the Planned Unit Development was approved, in which case, any Board issuing further approvals, may assess additional recreation fees in accordance with the formula set forth herein, or require additional plans to be set aside and dedicated for recreational purposes. SECTION 9: Establishment of Recreation Fee Assessment Per Dwelling Unit Per Assessable Lot: The recreation fee, if applicable as set forth herein, shall be $500.00 per dwelling unit in the case of site plan or Planned Unit Development approvals and $500.00 per lot in the case of subdivision plat approvals. The Town Board of the Town of Queensbury is hereby authorized to amend, from time to time as it deems appropriate, the amount of recreation fees to be assessed each assessable lot or dwelling unit, by Town Board Resolution adopted by majority vote following a public hearing. Notice of the said public hearing shall have been duly published not less than ten (10) nor more than twenty (20) days prior to the public hearing, in the official Town newspaper or a newspaper of general circulation within the Town of Queensbury and posted on the Town Clerk Sign Board. In the event that the fee is amended or changed as provided herein, the fee set forth herein shall not be controlling. SECTION 10: Retention and Use of Funds by the Town of Queensbury: Any payments made of recreational fees pursuant to this Local Law 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 the following: 1. The purchase of land that is suitable for new or enlarged parks, playgrounds or open spaces and located so as to benefit the inhabitants of subdivisions, multi-family dwellings, or Planned Unit Developments, the developers of which originally contributed recreational funds. 2. The improvement of new or existing parks, playgrounds and open space (6) lands which benefit the residents of the subdivisions, multi-family development, or Planned Unit Development, the Developers of which paid recreation fees to the Town of Queensbury pursuant to this Local Law. 3. In any case, the Town Board shall be satisfied that required recreational land will be maintained and will not be used other than for recreational purposes. SECTION 11: Reservation of Land By Developer: Nothing in this Local Law shall be construed as prohibiting a Developer from reserving other land for recreational purposes in addition to the requirements of this Section, and the Planning Board shall have the right to regulate the hours of operation, access by the general public, use and maintenance and otherwise regulate the use of the same. SECTION 12: Applicability: The terms and provisions of this Local Law shall apply to any subdivision plat, multiple family dwelling site plan, or Planned Unit Development, which was reviewed and approved in accordance with the provisions of the Zoning Ordinance for the Town of Queensbury which was adopted on October 1, 1988. Any developments which were reviewed or approved under any Zoning Ordinance or Subdivision Regulations other than the Zoning Ordinance adopted October 1, 1988 by the Town of Queensbury shall not be affected in any manner by this Local Law and the respective Zoning Ordinances, Subdivision Regulations, and Local Laws numbered 6 of 1986 and Local Law numbered 8 of 1988 shall be controlling. SECTION 13: Repealer: This Local Law to the extent that it applies to all site plan reviews and approvals performed or authorized under the Zoning Ordinance of the Town of Queensbury adopted on or after October 1, 1988 repeals the Local Laws numbered 6 of 1986 and Local Law number 8 of 1988. SECTION 14: Effective Date: This Local Law shall take affect immediately and as provided in the Municipal Home Rule Law of the State of New York. (7) (Complpte.the certification In the paragraph which applies to the tiling 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. .1. . . . . . of 19 90...„ Clliffixx X of the CXXX of . . . .Q'IM bury was duly passed by the . . . Town.Board . . , . , . . . . . . . . . . . . . . Town (Name of Legislative Body) VAra on .....May_ !.............. 19 90..... in accordance with the applicable provisions of law. ,2. (Passage by local legislative body with approval or no disapproval by Elective Chief Executive Officer,* or repassage after disapproval.) I hereby certify that the local law annexed hereto, designated as local law No. . . . . .. . .. of 19........ County of the City of . . . . . . . . . . . . . . . .. was duly passed by the . . . . . .. . . . . . . . . . . . . . . . . . . . . . . Town (Name of Le{islatit a Body) Village not disapproved on ............................. 19 ........ and was approved by the . . .. . . . . . . . . .. . . . . . . . . . . . . . . repassed after disapproval Elective Chief Etecuti�e Officer• and was deemed duly adopted on .................................. 19 ......... in accordance with tht. app2-rable 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 of the Cit ' of . . . . . . . . . . . . . . . . was duly passed by the . . . . . . . . . . . . . . . . . . . . . . . . . . Town (Name of Legislative Body) Village not disapproved on ............................. 19 ........ and was approved by the . . . . . . . . . . . . . . . . . . . . . . . . repassed after disapproval Electi�eChief E><ecuti�eOfficer• 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 applicable annual provisions of lave. 4. (Subject to permissive referendum,and final adoption because no valid petition filed requesting 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 .. ..... ... . ... . . . . .. . . . . . . . . . . . . Town � (Name of Legislative Body) Village not disapproved on ............................. 19 ........ and was approved by the ..... . ... .. ... .. .. . . . . .. . . . . repassed after disapproval ElectiveChletExecutiveOfficer• on . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 .. . . . . . ..Such local law was subject to a permissive referendum and no valid petition requesting such referendum'was filed as of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 . . . . . . . ., in accordance with the applicable provisions of law. t *Electl%e Chief Executiie Officer means or includes the chief executive officer of a county elected on a countywide 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 jested with power to approve or veto local laws or ordinances. (8) 5. .:Wit):local law concerning Charter revision proposed by petition.) 1 hereby 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 137 of the Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified electors of such city voting thereon at the generall election held on . . . . . . . . . . . . ............ 19......... became operative. 6. (County local law concerning adoption of Charter.) 1 hereby 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 S and 7 of section 33 of the Municipal Home 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 the 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 certifica- tion.) 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 ...A........above. Clerk of the Ee") legislative body,C4W, Town or Wtal�-Qlerk or officer desi`nated by local lesislati%e body � Date: May 22, 1990 (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............. ..... 1, 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 th local nexed hereto. .... . . . in re Town Attorney . . . . . . .. . . . ... . .. ... . .. .... . . . . . . . . . ... . . . .. . . . . . .. .. .... . . . . . . . . . ... . . . .. . . . . . .. : TUIe Date: May 22, 1990X of Rueensbury Town . . . . . . ... . . . . .. . . .. . . �iKa$K (9) NYS Department of State . �- Bureau of State Records ; 162 Washington Avenue Albany,NY 1 223 1-000 1 '111 81 N ^r. 4 h Mt'[N Darleen M. Dougher Town Clerk Town of Queensbury Town Office Building 531 Bay Road Queensbury, NY 12804 Y !!lt�k!fl �tttlll!!!! '.tSl!�tl1!lt�tl�lil4l1 i1Etid , Date— 6i13/90 Local Law(s)No. 4 & 5 Year 1990 Municipality_ Town of Queensbury Please be advised that the above-referenced material was received and filed by this office on 5/29/90 Additional forms for filing local laws with this office will be forwarded upon request. NYS Department of State Bureau of State Records DOS-236(4187) UNITED STATES POSTAL SERVICE OFFICIAL BUSINESS SENDER INSTRUCTIONS . Print your name,address and ZIP Code In the ape"below. • Complete Items 1,2.S,and 4 on the uaa reverse. �0 • Attach to front of article B space permits,otherwise aM to back of article. PENALTY FOR PRIVATE • Endorse article "Return Receipt USE, $300 Requested"adjacent to number. RETURN Print Sender's name,address,and ZIP Code in the space below. TO Town of Queensbury 531 Bay Road Queensbury. 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