HomeMy WebLinkAboutLL 04 of 2005 Fees in Lieu of Parkland.docADOPTED APRIL 11, 2005
TOWN OF ITHACA
LOCAL LAW NO. 4 OF THE YEAR 2005
A LOCAL LAW AMENDING CHAPTER 153 OF THE CODE OF THE TOWN OF
ITHACA RELATING TO FEES TO PROVIDE THE METHOD OF CALCULATING FEES
TO BE PAYABLE BY A DEVELOPER IN LIEU OF MAKING A RECREATIONAL LAND
RESERVATION
Be it enacted by the Town Board of the Town of Ithaca as follows:
Section 1. Chapter 153 of the Town of Ithaca Code is amended as follows:
L S 153-13 and S 153-14 of said Chapter, entitled respectively "Amendments"
and "Transition provisions" are renumbered respectively S 153-14 and
153-15.
11 A new section numbered S 153-13 entitled "Fees in lieu of recreational land
reservation" is added reading as follows:
S 153-13. Fees in lieu of recreational land reservation.
1. In the event the Planning Board requires that a sum of money is to be
paid to the Town in lieu of a parkland or recreational land reservation
in connection with a subdivision or site plan approval, the amount to
be paid shall be the following amount
(1) The assessed value as determined for real estate tax purposes
of all of the land included in the project, as shown on the most
recently available assessment roll for such lands on the date of
final approval, multiplied by ten percent (10%) (or such lesser
percentage as the Planning Board may determine if the
demand for park lands created by the proposed project
warrants such lesser percentage).
(2) If the lands for the project have been acquired by the applicant
during the period two years prior to final subdivision or site
plan approval by a bona fide conveyance from an unrelated
party for value, the price paid for such conveyance shall be
substituted for assessed value for the purposes of making the
calculation set forth in sub -paragraph (1) above.
2. The Planning Board may recommend to the Town Board a reduction
in the amount of the above sums if the Planning Board finds that
special circumstances exist causing the amounts above to substantially
exceed the reasonable value of the land that would otherwise be
Fees Code Chapter Amend -Fees in thew or parkland Local Law; w.p.8.0; Had; JCB Ithaca Local Laws, September 15, 201612: 47PM
reserved in the particular project under consideration. If the Town
Board concurs with such recommendation, the Town Board may
reduce the payment to an amount which more accurately reflects the
value of land for which payment is being made.
3. The sum set forth above shall be payable upon the earliest of the
following:
(1) Thirtv (30) dans after granting final site plan or subdivision
approval; or
(2) The signing of a plan or plat by the Planning Board
Chairperson evidencing approval of same; or
(3) The filing of an application for a building permit for
construction of one or more structures in the project; or
(4) The sale, lease or other disposition of an individual lot by
the developer.
4. No sums shall be payable in connection with lot line modifications or
lot reconfiguration where no new lots or dwelling units are created.
Section 2. If any provision of this law is found invalid by any court of competent jurisdiction,
such invalidity shall not affect anv other provisions of this local law which shall remain in full force and
effect.
Section 3. This local law shall take effect upon the later of its posting and publication or its
filing with the New York Secretary of State.
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