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Briarcliff Manor Town
City Zoning Code

§ 220-19

Recreation fees.

[Amended 3-16-2011 by L.L. No. 2-2011; 12-1-2020 by L.L. No. 11-2020]
A. 
Fees to be determined by Board of Trustees. The fees to be charged applicants for the processing of subdivision and site development plans, payments in lieu of contributions to parklands, payments for the creation of building lots or dwelling units, and any other payments to be made pursuant to this chapter, shall be established by resolution of the Board of Trustees and set forth in the Master Fee Schedule, as may be amended from time to time. When a payment in lieu of contribution to parklands is calculated based on the total number of dwelling units, units which are Affirmatively Furthering Fair Housing (AFFH) shall not be included in the total number of dwelling units for that calculation.
B. 
Site development plans and recreation facilities. Any site plan containing residential units shall, when required by the Planning Board, include a park or parks suitably located for playground or other recreational purposes within the Village, in accordance with requirements of § 7-725-a, Subdivision 6, of the New York Village Law. The Planning Board shall determine whether a proper case exists for requiring such land reservation. Such determination shall include an evaluation of the present and anticipated future needs for park and recreational facilities in the Village based on projected population growth to which the particular site plan will contribute. If such need is found to exist, and the Planning Board determines that suitable lands do not exist on the subject property for such reservation, the Planning Board may require the payment of a fee in lieu of contribution to parklands in accordance with § 220-19C herein.
C. 
Recreation fees for creation of dwelling units. In any zoning district, where there is the creation of one or more dwelling units, and where, in the opinion of the Building Inspector or Planning Board, no on-site parkland or recreation facilities can accommodate the potential additional residents, a recreation fee in lieu of contributions to parklands shall be imposed. Such fee shall be calculated for the creation of each dwelling unit, based on a schedule of such fees established by resolution of the Board of Trustees and set forth in the Master Fee Schedule, as may be amended from time to time, for each of the following dwelling types: efficiency (studio unit), one-bedroom unit, two-bedroom unit, three-bedroom unit, and four-bedroom unit or single-family (detached or attached) dwelling. Any portion of constructed loft space, den, study, basement area, or similar area in excess of 100 square feet that may be used as an additional bedroom may be considered an additional bedroom for fee calculation purposes. If any ambiguity in recreation fees occurs due to the creation of both new dwelling units and new lots, the maximum calculated recreation fees shall apply. No person, firm, company or corporation shall make or cause to be made any opening or excavation by cutting, digging, tunneling or otherwise in or under any street, highway, sidewalk, right-of-way, or public place, whether paved or otherwise, within the Village of Briarcliff Manor, for any purpose whatsoever, except upon compliance with the provisions of this chapter and the obtaining of a permit to be issued by the Village and the payment of all fees and deposits required as provided herein.