§ 249-22. Open space; natural features.

A. 

Open space.

(1) 

Recreation areas.

(a) 

The Planning Commission shall require that the plat show sites of a character, extent and location suitable for the development of a park, playground or other recreation purpose in the vicinity of the subdivision. Where a proposed park, playground or open space shown on the Town Plan is located in whole or in part in the subdivision, the Commission shall require that such area or areas be shown on the plat in accordance with the requirements specified above. Such area or areas may be dedicated to the Town by the subdivider if the Town Board approves such dedication.

(b) 

In the event that an area suitable for a park or playground is located in the subdivision, the subdivider shall submit to the Commission, prior to final approval, three prints (one on cloth) drawn in ink, showing, at a scale of not less than 30 feet to the inch, such area and the following features thereof:

[1] 

The boundaries of said area.

[2] 

Existing features, such as brooks, ponds, clusters of trees, rock outcrops and structures.

[3] 

Existing and, if applicable, proposed changes in grade and contours of said area and of area immediately adjacent.

(c) 

The subdivider shall provide recreation areas sufficient to meet standards established by the Town Master Plan.

(2) 

Waiver of plat designation of area for parks and playgrounds.

[Amended 12-9-1992 by L.L. No. 32-1992]

(a) 

In cases where the Planning Commission finds that, due to the size, topography or location of the subdivision, land for park, playground or other recreation purpose cannot be properly located therein or, in the opinion of the Commission, it is not desirable, the Commission may waive the requirements that the plat show land for such purposes. The Commission may then require as a condition to approval of the plat a payment to the Town as affixed by the Rotterdam Town Board and designated in Chapter 126 of the Town Code, entitled "Fees," which otherwise would have been acceptable as a recreation site, as determined by the standards set forth in § 249-22A(1).

(b) 

Such amount shall be paid to the Town of Rotterdam at the time of final plat approval, and no plat shall be signed by the authorized officer of the Planning Commission until such payment is made. All such payments shall be held by the Town Board in a special Town Recreation Site Acquisition and Improvement Fund to be used for the acquisition of land that is suitable for permanent park, playground or other recreational purposes and is so located that it will serve primarily the general neighborhood in which the land covered by the plat lies and shall be used only for park, playground or other recreational land acquisition or improvements. Such money may also be used for the physical improvement of existing parks or recreation areas serving the general neighborhood in which the land shown on the plat is situate, provided that the Planning Commission finds that there is a need for such improvements.

(c) 

The Commission may then require as a condition of approval of the plat for each major or minor subdivision a payment to the Town of fees as prescribed in § 249-22A(2)(a) in lieu of land dedication under this section.

[Amended 8-12-2009 by L.L. No. 6-2009]

B. 

Preservation of natural features. The Planning Commission, shall, wherever possible, establish the preservation of all natural features which add value to residential developments and to the community, such as large trees or groves, watercourses and falls, beaches, historic spots, vistas and similar irreplaceable assets. No tree with a diameter of eight inches or more as measured three feet above the base of the trunk shall be removed unless such tree is within the right-of-way of a street as shown on the final subdivision plat or individual house sites and driveways. Removal of additional trees shall be subject to the approval of the Planning Commission.