LL #01-1993Local Law Filing NEW YORK STATE DEPARTMENT of STATI
162 uASI1INGTON AVENUE, ALBANY, NY 1223
(Use this form to file A 10cA1 IAw 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.
C�tw�c
Qlac of
...........Wappinge
........................................... ...............................TOWI
LocalLaw No............................ ........................ of (lie year 19 .93.
A local laly ..Amending Local Law #12 of 1988 Increasing Recreational Fees
(Insert Title) of The Towri..o.f. Wappinger
Be it enacted by the ....Town. Board ...............................................
(Name of Legislative Body)
tsmii�
Townof..........h17.RI.i.Z}(J:-gX.............................................................................................................as follolys:
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(1)
LOCAL LAW
AMENDING LOCAL LAW #12 OF 1988
INCREASING RECREATIONAL FEES OF
THE TOWN OF WAPPINGER
Section 1. Local Law #12 of 1988 is hereby amended by amending
Section 2 thereof to read as follows:
"SECTION 2. Recreation Fee Established. The Town Board of the
Town of Wappinger, pursuant to 5276 and 277 of the Town Law of the
State of New York hereby establishes a fee to be known as the
Subdivision Recreation Fee, which fee is to be.paid per lot subdivided
whenever lands are subdivided pursuant to the Subdivision Regulations
of the Town of Wappinger. Said fees shall be paid prior to
endorsement of the final subdivision plat by the Chairman of the
Planning Board."
Section 2. Local Law #12 of 1988 is further amended by deleting
Section 3 as adopted and adopting a new Section 3 as follows:
"Section 3. Subdivision Recreation Fee. The Subdivision
Recreation Fee is hereby set at $1,500.00 per lot subdivided, pursuant
to Subdivision Regulations of the Town of Wappinger and Town Law of
the State of New York §276 and 277. The fees per subdivision shall be
calculated by the Zoning Administrator.
Section 3.
Effective Date. This Local Law shall take effect immediately
upon adoption and filing with the Secretary of State as provided by
law.
3
0
FREDERICK P. CLARK ASSOCIATES, INC.
Planning/Development/Environment/Transportation
Rye, New York and Fairfield, Connecticut
350 Theodore Fremd Avenue
Rye, New York 10580
(914) 967-6540 • FAX (914) 967-6615
MEMORANDUM
To: Town of Wappinger Town Board
Date: May 20, 2004
Subject: In -Lieu -of -Land Reservation Recreation Fee Analysis
A. Introduction
David H. Stolman, AICP, PP
Michael A. Galante
Joanne P. Meder, AICP
Daniel K. Wery, AICP
David J. Portman, FAICP
As requested, we have undertaken a study to provide an adequate basis for reevaluation of the in -
lieu -of -parkland recreation fee that may be charged in proper circumstances pursuant to § 277.4
and § 274-a.6 of the New York State Town Law for residential units in subdivisions and site
plans, respectively.
The local authority concerning parkland reservations and recreation fee requirements for
residential units in subdivisions and site plans is set forth in § 217-25 and § 240-38.D of the
Wappinger Town Code. Under these provisions, the Planning Board is authorized to require up
to 10% of the gross lot area to be reserved and improved for recreational purposes. To require
such reservation and improvement of lands, the Planning Board must make the following two (2)
findings:
1. That a proper case exists for the reservation of land; and
2. That suitable lands exist on the subject property.
The proper case threshold is met by the existing or projected need for additional recreational land
and/or facilities in the Town generally, or as a result of the increased demand resulting from the
proposed residential development. The second finding is whether appropriate lands exist on the
subject property. This finding typically takes into consideration the size of the property, the size,
location, access and physical constraints of the land that could potentially be required to be
reserved and improved for recreational purposes. Considerations include proximity to adjoining
lands and ability to augment existing recreation lands or facilities, among other factors. Many
times, suitable lands dp not exist. Often they would be too small, or contain too little land
without environmental constraints (steep slopes, wetlands or floodplains) to be of much value for
active recreational needs such as for ballfields, tennis courts, swimming pools, or other facilities
to meet current and future needs. In these cases, an in -lieu -of -land fee is required.
A master fee schedule for the Town of Wappinger was recently incorporated into the Town Code
and contains the in -lieu -of -land reservation recreation fee. Over the years the recreation fee has
been periodically increased, to $2,000 per lot as recently as 2004. Table 1 below details the
history of the Town's recreation fee from 1976 to the present:
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Table 1
TOWN OF WAPPINGER
RECREATION FEE HISTORY
Years
Fee Per Lot or
Dwelling Unit ($)
Prior to August 16, 1976
100 (1St 5 lots free)
August 16, 1976 to May 15, 1980
300 (1St 5 lots free)
May 15, 1980 to March 2, 1987
500 (1St 5 lots free)
March 2, 1987 to September 19,
1988
650 (1st 5 lots free)
September 19, 1988 to January
1993
900 (1st 5 lots free)
January 1993 to 2001
1,500 (1st 5 lots free)
2001 to March 2004
1,500
A ril 2004 — Present
2,000
Source: Town Clerk
The in -lieu -of -land recreation fee is a payment that is required in lieu of the reservation of land,
where the Planning Board has determined that suitable and/or appropriate lands are not available
as part of the subdivision. The in -lieu -of -land recreation fee is restricted to capital projects such
as the purchase and improvement of suitable land elsewhere to meet the needs created by the
new development. Therefore the in -lieu -of -land recreation fee should be set at a level to provide
an equivalent benefit -- at a level that would permit the Town to purchase land equivalent to that
which otherwise would have been reserved as part of the development. The Town of Wappinger
Land Subdivision Regulations include the following standards to help select appropriate lands:
1. Minimum acreage of three (3) acres for parks and playgrounds;
2. Adequate dimensions;
3. Level, gently sloping land suitable for fields and active play;
4. Adequate road frontage and access to serve the immediate and surrounding neighborhoods;
and
5. Potential for expansion.
The purpose of this study is to help establish the current value of land suited for recreational
purposes, so that the Town will be able to charge the recreation fee necessary to make the
purchase and improvement of such lands feasible.
2
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B. Legislative Background
The State enabling legislation governing the set aside of a parkland reservation as part of a
residential development or the payment of a fee in lieu thereof (upon which the comparable
Town Code provisions are based) contains two key components:
"Land for park, playground or other recreational purposes may not be required until the
Planning Board has made a finding that a proper case exists for requiring that a park or parks
be suitably located for playgrounds or other recreational purposes within the town. Such
findings are required to include an evaluation of the present and anticipated future needs for
park and recreational facilities in the Town based on projected population growth to which the
particular subdivision plat (or site plan) will contribute; and
"In the event the Planning Board makes a finding that the proposed subdivision plat (or site
plan) presents a proper case for requiring a park or parks suitably located for playgrounds or
other recreational purposes, but that a suitable park or parks of adequate size to meet the
requirement cannot be properly located on such subdivision plat (or site plan), the Planning
Board may require a sum of money in lieu thereof, in an amount to be established by the! Town
Board. Any monies required by the Planning Board in lieu of land for park, playground or other
recreational purposes must be deposited into a trust fund to be used by the Town exclusively for
park, playground or other recreational purposes, including the acquisition of property. "
The underlying reason for conducting this study is to provide a sound basis for arriving at a
recreation fee that will enable the Town to continue to meet the recreation needs of its current
future residents.
C. Establishment of Updated Recreation Fee
A number of different methodologies can be used to establish an appropriate recreation fee for
the Town. For purposes of this study, the following methods were examined to establish
appropriate recreation fees:
1. Increase the fees in accordance with the rates of inflation of the U.S. dollar (assuming the
fees were appropriately established in past).
2. Set fees to maintain the current amount of recreation land per capita and household for
projected growth (assuming the current amount of town -owned recreation land is
appropriate).
3. Increase the fees in accordance with the rates of increased land values based on sales of
vacant and/or improved residential lots (assuming fees were appropriately established in
past).
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4. Set fees to approximate the current value of suitable lands that could be required to be
reserved (10% of the gross land area) as part of residential developments.
As noted above, the first three methodologies are based on assumptions that the previously
established in -lieu -of -land fees were set at appropriate levels, or that the current ration of town -
owned recreation land is appropriate for current and future needs of residents. In general, we
have listed the methodologies in order from least to most valid.
The assumptions for methodologies 1 and 3 are likely to greatly underestimate the true value of
land and capital improvement costs since the recreation fees upon which they are factored were
established without a direct analysis of the actual land costs. The assumptions for the second
method do not take into consideration the condition or capacity of existing facilities, the lack
particular or special facilities, such as a town pool, that are typically added as a community
grows and matures, or the ability to find and obtain suitable lands. The fourth method is the most
direct representation of the true value of land, and therefore is the most valid with respect to
determining an appropriate fee where lands are not reserved or improved as part of a residential
development.
Method 2 computes the long range recreation needs of the Town using a population projection
for the Town and calculates the cost on a per lot basis for providing for such needs using the
latest available sales data for vacant residential and agricultural land in the Town. Method 3
examines sales data of vacant residential and agricultural land from 1997 to 2002 and applies the
percentage increase in land prices over the period to the $1,500 recreation fee in place in 1996 to
arrive at a recreation fee that has kept up with rising land costs. Method 4 also uses the latest
sales data for vacant land, but relies on lot yields for two subdivisions currently before the
Planning Board to arrive at an appropriate per lot recreation fee.
Analysis of Land Values Based on Sales Data (1997-2002)
With the exception of the first method (increasing the fees based on the value of the dollar), all
of the assumptions rely upon the value of land on a per acre basis. Land values vary
dramatically, depending on the size, location, dimensions, zoning, environmental constraints and
ownership and approval history. For each of the methods, a range of land values were used to
calculate appropriate fees. The ranges in land values are based on sales data. The following
tables identify the results of the analysis of sales records for vacant and improved lands between
1997 and 2002.
In order to provide some measure of the value of the land that the Town may need to acquire in
order provide for the park and recreation needs of its future residents, data on the sales of
vacant/undeveloped residential and agricultural land were examined.' Based upon the available
' The source of the property sales data was www.real-info.com, a commercial database that provides searchable
records of real estate transactions. Vacant Residential and Agricultural lands were included if classified under the
following Property Classification codes: 300 Vacant Land, 310 Residential Vacant Land, 311 Residential Vacant
Land, 313 Waterfront Vacant, 314 Rural Lot < 10 acres, 320 Rural Vacant Land, 321 Abandoned Agricultural, 322
Rural Lot > 10 acres, and 323 Rural Vacant Land.
4
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information, which covers the period 1997-2002, the following summary analysis of vacant land
values was prepared:
Table 2
Vacant Land -Avera a Sales Price Increase ($ per Acre) 1997-2002
Year
Number of
Sales
Number ofper
Filtered
Sales*
Average Sales Price
Gross Acre
Average Sales Price
per Net Acre
%
($)* change
($ *
%
change
1997
18
2
22,944 na
24,423
na
1998
23
7
37,179 62%
70,859
190%
1999
32
12
35,917 (-3%)
68,069
(4%)
2000
26
7
31,904 (-11%)
39,733
(42%)
2001
28
3
24,784 (-22%)
46,407
17%
2002
23
6
46,310 87%
58,370
26%
Total
1997-2002
150
37
33,173102%
avera a
51,310
average
139%I
* All properties with sales price per acre below $5,000 or greater than $1,000,000 excluded Net Acre values established by
excluding environmentally constrained lands identified on the Town wide GIS mapping including steep slopes, wetlands and
regulated buffers, and floodplains.
As the Table 2 and the following figures show, per gross acre land values, measured as average
sales price per gross acre and per net acre, increased by 102% and 139%, respectively, between
1997 and 2002.
Sales Price Per Acre 1997-2002
50, 000
45,000
40,000 _
Q 35,000
`m 30,000
a 25,000
u 20,000
a 15,000
d 10,000
5,000
0
1997 1998 1999 2000 2001 2002
Year
.� 80,000
y 70,000
Q 60,000
z 50,000
`m 40,000
a
30,000
a 20,000
d 10,000
U) n
Sales Price per Net Acre 1997-2002
1997 1998 1999 2000 2001 2002
,Year
The average sales price per gross acre in 2002 (the latest year for which data is available) was
$46,310. It should be noted, however, that the figures are based on extremely small samples,
from as low as 2 sales per year (1997) to a maximum of 12 in 1999. Nonetheless, the average
2 [bid.
E
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sales price per acre varies within a relatively tight range between 1997 and 2002. Nor does the
latest 2002 value of $46,310 per gross acre appear to be an unrealistic figure. Conversations with
local real estate experts confirmed that the value was not unrealistic, although it was felt that the
number was possibly on the low side and that intermediate and high end values of $75,000 and
$100,000 should also be considered based on recent sales experience and observed trends in land
values in the last two years.
The change in values of improved residential single-family lots also reflects the changes in land
values during the same period.
Single Family
Homes - Average
Table 3
Sales Price and Sales Price Per Acre 1997-2002
Sales Price $
Sales Price
Per Acre $
Year
Number
o sales
Number of
Corrected
Sales'
Average
Sales
Price]
%change
(corrected)
Average
Price per
Acre]
%change
(corrected)
1997
134
24
102,551
na
212,308
na
1998
168
37
118,683
16%
197,049
-7%
1999
182
40
135,053
14%
247,259
25%
2000
197
52
179,991
33%
327,964
33%
2001
172
30
1675606
-7%
3355439
2%
2002
211
40
199,172
19%
379,948
13%
2003
157
26
246,760
24%
340_,635
_10%
Total
141%
total
60%
TAll properties with sales price of zero or sales price per acre valued below $50,000 and above $1,000,000 per acre were
removed as anomalies.
Results of Study Methods
Method 1: Increase the fees in accordance with the rates of inflation of the U.S. dollar -
$2,000
Prior to this year, the recreation fee was last increased in 1993 to $1,500. According to the
Bureau of Labor Statistics, $1,500 dollars in 1993 is equal to $1,952 in 2004. Therefore, the
recent increase of the recreation fee to $2,000 has barely outpaced the effect of inflation on the
value of a dollar. Because of the lag and infrequent updating of the fee, the Town has collected
recreation fees at a rate that was worth less than when adopted in 1993. The major flaw in this
assumption, however, is the fact that land values have greatly outpaced inflation. Therefore, with
each passing year, the fees collected in -lieu of the reservation of land were worth considerably
less than the actual value of the land that otherwise would have been required. The result is that
the fiends available for capital recreation projects were substantially less than they could, and
should, have been.
3 Hubbell Realty Services, Inc.
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Method 2: Set fees to maintain the current amount of recreation land per capita and
household for projected growth - $1,700 to $3,650
Under this methodology, the Town's long-range needs for parklands and recreational facilities
were computed based on a projection of the Town's development potential under full build -out
conditions using results of the development potential study prepared in connection with the
current effort to update the Town's 1988 Comprehensive Plan.
Development Potential
The results of the analysis indicate that the Town of Wappinger, under current zoning policies,
has a long-term development potential of 4,000 additional dwelling units that may be constructed
in the future. To account for environmental constraints, and other factors that would act to
reduce the lot yield of any given parcel of land, we used a lower, more realistic estimate of 2,000
additional dwelling units. There were approximately 10,000 dwelling units as of the 2000
Census. Therefore, there could be an increase of 20% to 40% in the number of households.
The next step is to inventory the Town's park and open space resources and arrive at a per capita
supply of park and open space resources. This is done by dividing the amount of parks and open
space in the Town by the current population.
Existing Inventory of Town Parks and Open Spaces
The Town of Wappinger currently maintains the following 23 different parks and open space
lands totaling over 360 acres, including soccer fields, baseball fields, tennis-, volley ball-, and
basketball courts, playgrounds and pavilions, as summarized in the following table:
Table 4
TOWN OF WAPPINGER PARKS AND OPEN SPACE PARCELS
PARK
LOCATION
ACRES
FACILITIES/FEATURES
Airport Park
Airport Dr.
10
Soccer fields, field house pavilion
Angelbrook
Rich Dr.
4
Open field
Briar Ln.
Briar Ln.
21.8
Undeveloped
Card Rd.
Card Rd.- S. Fowlerhouse
Rd.
0.3
%2 Basketball court
Castle Point
S. River Rd.
40
Ballfields (2), playground
equipment, picnic area, shelter,
summer program
Chelsea Boat Yacht
Club4
Front St.
3.4
Boat Ramps, Yacht Club
Deer Run
I Deer Run Rd.
1 6.2
1 Undeveloped
4 Not under Town ownership.
7
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utchess Park
Salem Rd.
3.2
Undeveloped
rkway)
FFl
eetwood
Fleetwood Dr.
2
Swings, basketball
reystone/Carnwath
Wheeler Hill Rd.
98.6
Historic estate house and gardens,
Farm
ballfield and panoramic Hudson
River views
Martz Field /
Pye Ln.
11.3
Ballfield, 2 tennis courts,
Montfort Rd.
volleyball courts, picnic area,
Building
basketball court, swings, slide,
field house, maintenance barn,
summer program
Moccasin Hill
Boxwood Close
13.4
Undeveloped
Noto Subdivision
Woodland Ct.
15.2
Undeveloped
Pond Area
Joan Ln.
8.5
Undeveloped
Quiet Acres
Helen Dr.
12.2
Ballfield, swings, slide,
Basketball court, Summer
playground, pavilion, storage
Reese Park
Creek Rd.
40
Trails and truck body
Robinson Ln.
Robinson Ln.
40
Ballfields (10), swings, field
Complex
house, pavilion, summer program,
picnic area
Rockingham
Regency Dr. / Soccerfield
11.5
Soccer fields, swings, pond
Dr.
Rymer
Old Hopewell Rd.
3.3
Undeveloped
Schlathaus Park
All Angels Hill Rd.
5
Bandstand, house, storage, garage
Spook Hill Park
Spook Hill Rd.
5.3
Fieldhouse, pavilion, swings,
slide, handball court, summer
playground, modular play area
Tall Trees
Amherst Ln.
1.6
Undeveloped
Ye Olde Apple
Kent Rd./All Angels Hill
5.4
Pond
Orchard
Rd.
TOTAL
23
360
The mean size of a Town Park and/or open space is 15.7 acres. The median size is 8.5 acres.
The smallest Town Park is the .Card Road basketball court, at 0.3 acres in size. The largest Town
Park is the Greystone/ Carnwath Farm property, at 98.6 acres in size.
When looking only at undeveloped Town Parks and/or open space, the average size is
significantly smaller, with a mean size of 8.3 acres and a median size of 5.8 acres. The largest
undeveloped Town Park is Briar Lane at 21.8 acres in size and the smallest is Tall Trees, at 1.6
acres in size.
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In contrast, when looking at developed Town Parks, the average size is larger, 21.5 acres mean
and 11.3 acres median. The largest developed park is the Greystone/Carnwath Farm property, at
98.6 acres in size and the smallest is the Card Road basketball court, at 0.3 acres in size. These
figures represent the need for relatively large parcels for active recreational use, such as
ballfields. The ability to procure larger vacant parcels suitable for active recreational use is likely
to be very difficult, and hence very costly.
As noted above, currently there are approximately 360 acres of land in the Town dedicated to
serving the recreation needs of its residents. Based on the Town's population of 26,274 residents
in 2000, this translates into approximately 597 square feet of parkland per person. If it is
assumed that the Town's median household size of 2.675 remains the same in the future and the
Town's future residents continue to show the same interest in parks and recreational facilities as
the Town's present residents, then approximately 1,594 square feet of parkland would be needed
for each new household or dwelling unit.
Based upon a projection of 2,000 additional dwelling units (20% increase) that could be created
in the future under the Town's full development potential, the Town would need an additional 73
acres of parkland to maintain the same level of service for the new residents. If the upper range
of 4,000 dwelling units (40%) increase proves to be more accurate, then 145 acres would be
required.
At $46,310 per gross acre of vacant land, a total of nearly $3,380,630, approximately $1,700 per
lot or dwelling unit, would be needed in today's dollars to purchase 73 acres of land for 2,000
new dwelling units. This same value per lot would hold constant for the upper range of 4,000
dwelling units. This figure is, of course, less than the $2,000 recreation fee currently charged by
the Town. Using the value of $58,370 per net acre of vacant land to adjust for the effect of
environmental constraints, the recreation fee would increase to approximately $2,100 per lot or
dwelling unit. Using the intermediate land value of $75,000 per gross acre of vacant land, the
recreation fee would increase to approximately $2,750 per lot or dwelling unit. The high end
value of $100,000 per acre would further drive up the recreation fee to $3,650 per lot or dwelling
unit.
While the preceding analysis may provide a basis for supporting the Town's current recreation
fee of $2,000 per lot or dwelling unit, there are limitations to this analysis. First, it is based upon
an extremely small sample size of vacant land sales. While in any given year between 1997 and
2002, 20 to 30 sales of vacant land were recorded, a majority of the sales records are incomplete
with respect to sales price and were therefore of no use to the study. Additionally, the relatively
wide swings in vacant land values and the lack of a consistently uniform trend over the years for
which data is available suggest that the value of vacant land that has been sold over the past
several years may not be truly indicative of the value of land that would be needed by the Town
for the purpose of providing additional recreational facilities for its future residents. That land
would need to be reasonably free of such physical restrictions and, on a per acre basis, could be
expected to cost more than the land that has already been sold. For these reasons, it is believed
5 Based on 2000 U.S. Census data.
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that the computation of a new recreation fee based upon this methodology results in an
unrealistically low estimate of the value of the recreation land that would be needed by the Town
to service its future residents.
Method 3: Increase the fees in accordance with the rates of increased land values based
on sales of vacant and/or improved residential lots - $2,400 to $4,000
The second approach considered the percent change in land values over time and applied that
change to the recreation fee. As shown in Table 2 above, between 1997 and 2003 the increase in
the average sales price of vacant lands (on a per gross acre basis) was 102%, an
average/uncompounded rate of 17% per year. If this figure were to be applied to the $1,500
recreation fee at the time, an updated figure of $3,000 per lot or dwelling unit would result.
However, this omits the increase in land values for the period between 1993 and 1996. Using the
same rate of roughly 17% per year for those three years would yield another 50% increase.
However, to compensate for the effect of compounding and for the slow emergence from the
recession in those years, an additional increase of 25% would appear to be safe. This would yield
a recreation fee value of approximately $3,500.
Using the per Net Acre increase of 139%, the results would yield between $3,500 and $4,000
per lot.
Trends in sales of single-family homes as expressed in sales price per acre were also researched.
As shown in Table 3 above, between 1997 and 2002, the sales price per acre of a single family
home increased by 60% on a per acre basis.
If this figure were to be applied to the Town's existing recreation fee, an updated figure of
$2,400 per lot or dwelling unit would result. Again, for the same reasons set forth above, this
figure should be adjusted upwards to reflect the increased land values for the period between
1993 and 1996. Rounding upwards to $3,000 per lot would appear to be appropriate.
While examining the change in land values in the Town over time is revealing, applying the
change to the recreation fee assumes that the original $1,500 recreation fee was based on an
analysis of land values. Thus, this method results in a recreation fee that is artificially low and is
most likely not tied to land values. It may be appropriate, however, once a baseline recreation
fee is set to increase the recreation in proportion to and at the same rate as future increases in
land values.
Method 4: Set fees to approximate the current value of suitable lands that could be
required to be reserved as part of recent subdivisions - $6,500 to $17,500
Rather than using future Town growth as a means of arriving at an appropriate per lot recreation
fee, looking at actual subdivisions and lot yields gives a more accurate picture of the true cost of
land.
10
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As set forth in Section 217-25 of the Town Code, a minimum are of three acres is recommended
for dedication of recreational land to the Town. Overall, the Planning Board can require up to
10% of the area of a subdivision to be dedicated for recreational purposes. The cost of
purchasing recreational land can be regarded as the cost of the going rate for land in a
subdivision, before, during and after approval.
To see how such parameters operate in the "real world," with real subdivisions, and to translate
this into an estimate of the cost to the Town to purchase such land, it can be helpful to look at
two case examples, Cranberry Hills and Shamrock Hills. These subdivisions were chosen
because of their large size and number of lots to provide a larger and more valid sample size.
In both cases, four (4) "assumptions" regarding the price per acre of land were used:
1. Low Value: $46,310 per gross acre of vacant land as a low, pre -approval, estimate;
2. Low Value: $58,370 per net acre of vacant land as a low, pre -approval and constrained
adjusted, estimate;
3. Intermediate Value: $75,000 per gross acre to reflect lands that may be smaller, capable
of improvement and construction with some approval and improvement costs; and
4. High Value: $100,000 to reflect the cost of purchase of one or more building lots that has
obtained recent approval and requires no further approval or improvements expenditures
prior to improvement. Purchase of such vacant lands might be required to augment or
expand existing recreation facilities. This value is conservatively low based on
conversations with local real estate experts and articles regarding the going rate for
approved single-family building lots in the greater Wappinger area.
Cranberry Hills
Cranberry Hills, with roughly 300 acres, is proposed to be subdivided into 232 lots. However,
not all of the 300 acres contains usable land, as approximately 22 acres would be used for 3.6
miles of roads. Thus, the net area of the land is 278 acres, which, divided by 232 lots equates to
approximately 1.2 acres per lot. Pursuant to Section 217-25, up to 10% of the subdivision area
can be required to be dedicated by the Planning Board. In the case of Cranberry Hills, this works
out to be 30 acres. Dividing 30 acres by the average lot size for the subdivision, 1.2 acres, yields
25 lots. Dividing the cost of land associated with 30 acres (25 1.2 -acre building lots) by the
number of hypothetical built lots, in this case, 207, will yield a per/lot recreation fee for the
subdivision. Theoretically, this per/lot fee should generate enough funds to purchase the above
mentioned 10% of the subdivision for recreational purposes.
The following matrix sets forth the different possible per lot recreation fees using three different
assumptions about the price of land in the Town of Wappinger:
11
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Planning/Development/Environment/Transportation
Table 5
Recreation Fee Analysis: Cranberry Hills
Total Value to
Recreation Fee per Lot
Satisfy
(total value divided by
Recreation Land
Recreation
the "remaining" 207
Land Value
Re uirement
Requirement
lots)
Low Value
@ $46,310 per
30 acres
1,389,300
$6,710
Toss acre
(25 1.2 -acre lots
Low Value
@ $58,000 per
30 acres
1,680,000
$8,405
net acre
(25 1.2 -acre lots)
Middle
@ $ 75,000
30 acres
2,250,000
$10,870
Value
per acre
(25 1.2 -acre lots
High Value
@ $100,000
30 acres
3,000,000
$14,490
per acre
(25 1.2 -acre lots)
As the above table shows, the analysis yields a low end recreation fee of between $6,500 to
$8,500 per lot for the lowest values per gross and net acre, a mid range recreation fee of
approximately $11,000 per lot, and a high end range of approximately $14,500 per lot.
Shamrock Hills
Shamrock Hills, with roughly 100 acres, is proposed to be subdivided into 64 lots. However, not
all of the 100 acres contains usable land, as approximately 9 acres would be used for 1.5 miles of
roads. Thus, the net area of the land is 91 acres, which, divided by 64 lots equates to
approximately 1.4 acres per lot. Pursuant to Section 217-25, up to 10% of the subdivision area
can be required to be dedicated by the Planning Board. In the case of Shamrock Hills, this works
out to be 10 acres. Dividing 10 acres by the average lot size of 1.5 acres for the subdivision
yields 7 lots. Dividing the cost of land associated with 7 lots by the number of hypothetical built
lots, in this case, 57, will yield a per/lot recreation fee for the subdivision. Theoretically, this
per/lot fee should generate enough funds to purchase the above mentioned 10% of the
subdivision for recreational purposes.
12
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Planning/Development/Environment/Transportation
Table 6
Recreation Fee Anal sis: Shamrock Hills
Total Value to
Recreation
Satisfy
Recreation Fee per Lot
Land
Recreation
(total value divided by
Land Value
Requirement
Re uirement
the "remaining" 57 lots)
Low Value
@ $46,310 per
10 acres
$463,100
$8,125
gross acre
7 1.4 -acre lots)
Low Value
@ $58,000 per
10 acres
$580,000
$10,175
net acre
(7 1.4 -acre lots)
Middle
@ $75,000 per
10 acres
$750,000
$13,160
Value
acre
(7 1.4 -acre lots)
High Value
@ $100,000
10 acres
$1,000,000
$17,545
per acre
(7 1.4 -acre lots)
As the above table shows, the analysis yields a low end recreation fee between $8,000 and
$10,000 per lot for the lowest values per gross and net acre, a mid range recreation fee of
approximately $13,000 per lot, and a high end range of approximately $17,500 per lot.
The difference in per lot fees between the two subdivisions illustrates the affects of
environmental constraints and the overall efficiency of subdivision layout and total lot yield. The
more efficient the development, the more lots and the lower the average per lot fee to provide the
10% of land area. The ability to require suitable land for recreational purposes, and its cost in
terms of the use of developable land and building lots from such properties is fairly represented
in the per lot fees.
E. Summary and Recommendation
As previously noted, the Town increased its recreation fee from $1,500 to $2,000 in 2004.
Previous to this increase, the $1,500 fee had been in place since 1993. In addition, it is clear that
additional residential development potential exists in the Town under current zoning policies. In
order to provide for the recreation needs of those future residents, additional land will need to be
acquired since the Town does not presently have any excess recreation land. It has been
demonstrated in the preceding sections of this memorandum that a reasonable basis exists to
increase the Town's recreation fee to a minimum of close to $2,000 per lot or dwelling unit based
on the most conservative analysis undertaken (Method 1, adjusting the $1,500 per lot fee for
inflation of the dollar) and to a maximum of $17,500 per lot or dwelling unit (Method 4, 10% of
gross land area multiplied by current land values). The following table summarizes the results.
13
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Planning/Development/Environment/Transportation
Table 7
Summary of Results
METHOD
DESCRIPTION
RESULT
Multiply $1,500 by inflation
$1,500 X 30% = $1,950
Method 1
of U.S. dollar since 1993
1,600 sf (0.36 acres) per household:
Multiply per acre costs by
required acres to maintain
@ $46,310/acre = $1,700
Method 2
current ratio of acres per
@ $58,000/acre = $2,100
household
@ $75,000/acre = $2,750
$100,000/acre = $3,650
Multiply 1,500 by rate of
$1,500 x 139% = $3,500 - $4,000
Method 3
increased land values since
x 102% = $3,000 - $3,500
1997, and adjust
x 60% = $2,400 - $3,000
Cranberry Hills:
@ $46,310/acre = $6,500
@ $58,000 = $8,500
@75,000 = $11,000
Multiply per acre costs by
@$100,000 = $14,500
Method 4
10% acreage requirement,
divide by actual lot yields
Shamrock Hills:
@ $46,310/acre = $8,000
@ $58,000/acre = $10,000
@ 75,000/acre = $13,000
$100,000/acre = $17,500
As previously noted, we believe that the results of the analysis completed under Methods 1 and 2
are the unrealistically low and do not reflect the actual value of land that the Town would need to
acquire for recreation purposes. Method 3 at least uses recent increases in land value to adjust the
$1,500 per lot fee. However, while the adjustment method is reasonable, the base figure is not
necessarily a realistic reflection of the actual value of land.
In general, we believe that the results of the analysis completed under Method 4 represent the
most reliable indicators of land values for purposes of establishing a new recreation fee because
they provide a direct link from recent land values based on sales data and actual lot yields from
large subdivisions that have the most potential to yield land for reservation for recreational
purposes.
For these reasons, it is recommended that the new fee be set based on the figures derived from
that analysis. The low figure of $6,500 is based on actual sales data collected and analyzed,
while the high figure of $17,500 is based on a high end estimate of land values in the Town
provided by real estate experts. A more conservative approach could be to simply take the low
end fee of $6,500, based as it is on actual sales data.
14
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Planning/Development/Environment/Transportation
Regular Review and Adjustment
Of equal importance, however, is the need to regularly review the Town's recreation fee to make
sure that it keeps pace with property values in the Town on an ongoing basis. This would require
the Town Board to regularly review the master fee schedule and to make whatever adjustments
are necessary by resolution. This type of action is often undertaken at the first organizational
meeting of the board each year, but changes to selected provisions of the schedule can be made
as needed at other times of the year as well.
Per Dwelling Unit Fees: One family Lots v. Fewer Bedroom Units
It is noted that the Wappinger Town Code already makes reference to the parkland reservation
requirement and the alternative recreation fee requirement in the Subdivision Regulations
(Section 217-25) and the Zoning Ordinance, 240-50.D(2), 240-5LF(6), and 240-110). Those
provisions apply to lots created by subdivision plat approval and to new dwelling units created
by site plan approval, respectively.
When the Town Board adopts a new resolution to increase the current recreation fee, it is also
recommended that consideration be given to establishing a sliding scale of recreation fees for
dwelling units created pursuant to a site plan approval. For purposes of creating that multi -tier
approach, the recreation fee established for single-family dwellings should also be applied to all
other dwelling unit types with four or more bedrooms.
For dwellings with fewer bedrooms, the recreation fee should be a percentage of the recreation
fee that is applicable single-family detached dwellings on the assumption that fewer residents
will reside in smaller dwelling units and will generate less demand for recreational facilities.
Such a scale would also need to acknowledge and/or possibly supercede Sections 240-38.D,
which currently mandates that at least 50% of the gross area of a site for multifamily residences
must be preserved as open space and not less than 300 s.f. per unit of area shall be improved with
common recreational facilities.
The following ratios are illustrative of that concept:
Single-family detached dwellings 100% of adopted recreation fee
Other type of dwelling unit with 4 bedrooms 100% of adopted recreation fee
Other type of dwelling unit with 3 bedrooms 85% of adopted recreation fee
Other type of dwelling unit with 2 bedrooms 70% of adopted recreation fee
Other type of dwelling unit with 0-1 bedrooms 50% of adopted recreation fee
15
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If you have any questions about this analysis, please do not hesitate to call us. We look forward
to discussing it with you in more detail at the work session scheduled for May 24, 2004.
cc: Albert P. Roberts, Esq.
Joseph E. Paggi, Jr., PE
Tatiana Lukianoff, Zoning Administrator
j:\docs2\500\wappinger\recreation fee s\recfee.summary.memo.dkw.doc
16
Daniel K. Wery, AICP
Vice President/Planning
Lawrence K. Bice
Associate/Planning
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VERGILIS, STENGER, ROBERTS, PERGAMENT & VIGLOTTI, LLP
ATTORNEYS AND COUNSELORS AT LAW
FROM: Albert P. Roberts and Karen P. MacNish
RE: Current Town Fee
Our File No.: 12951-0691
DATE: February 20, 2004
OF COUNSEL:
IRA A. PERGAMENT
LEGAL ASSISTANT:
AMY E. DECARLO
POUGHF=SIE OFFICE
276 MAIN MALL
POUGHY-EEPSIE, NY 12601
(845)452-1046
PINE PLAINS OFFICE
2990 CHURCH ST.
P.O. BOX 21
PINE PLAINS, NY 12567
(518) 398-9857
ADDRESS REPLY TO: ( ) POUGHKEEPSIE
( ) WAPPINGERS
( ) PINE PLAINS
The following is a list of the fees that are currently charged by the Town for all of the
fees listed in the Town Code. This list is set up chapter by chapter in order that it may be
used by the Town Board members as a side-by-side comparison with the proposed local
law on fees, which is set up in the same manner.
As part of the proposed local law, each section of each chapter of the Code addressing the
fees called for in that chapter has been amended to the extent of taking out the actual fee
amount from that section (if any was listed), and replacing it with a reference to the
Schedule of Fees, which will be located in Chapter 122 of the Code, Article IV.
The following is the list of current fees
CURRENT FEES
A. Chapter 1. General Provisions.
(1) §1-9. Sale of the Code Book: $125.00
1136 ROUTE 9
WAPPINGERS FALLS, NEW YORK 12590
GERALD A. VERGILIS*
KENNETH M. STENGER
(845) 298-2000
ALBERT P. ROBERTS
FAX (845) 298-2842
LOUIS J. VIGLOTTI
JOAN F. GARRETT**
e-mail: VSRP@BestWeb.net
THOMAS R. DAVIS
EMANUEL F. SARIS
KAREN P. MACNISH
KEVIN T. McDERMOTT
STEVEN K. PATTERSON
JAY B. RENFRO
'ADMITTED TO PRACTICE
M NY & FLA.
+•ADMIrrED TO PRACTICE
IN NY & CONN.
MEMORANDUM
TO:
Hon. Joseph Ruggerio, Supervisor
Hon. Robert L. Valdati, Councilman
Hon. Vincent F. Bettina, Councilman
Hon. Joseph P. Paoloni, Councilman
Hon. Maureen McCarthy, Councilwoman
FROM: Albert P. Roberts and Karen P. MacNish
RE: Current Town Fee
Our File No.: 12951-0691
DATE: February 20, 2004
OF COUNSEL:
IRA A. PERGAMENT
LEGAL ASSISTANT:
AMY E. DECARLO
POUGHF=SIE OFFICE
276 MAIN MALL
POUGHY-EEPSIE, NY 12601
(845)452-1046
PINE PLAINS OFFICE
2990 CHURCH ST.
P.O. BOX 21
PINE PLAINS, NY 12567
(518) 398-9857
ADDRESS REPLY TO: ( ) POUGHKEEPSIE
( ) WAPPINGERS
( ) PINE PLAINS
The following is a list of the fees that are currently charged by the Town for all of the
fees listed in the Town Code. This list is set up chapter by chapter in order that it may be
used by the Town Board members as a side-by-side comparison with the proposed local
law on fees, which is set up in the same manner.
As part of the proposed local law, each section of each chapter of the Code addressing the
fees called for in that chapter has been amended to the extent of taking out the actual fee
amount from that section (if any was listed), and replacing it with a reference to the
Schedule of Fees, which will be located in Chapter 122 of the Code, Article IV.
The following is the list of current fees
CURRENT FEES
A. Chapter 1. General Provisions.
(1) §1-9. Sale of the Code Book: $125.00
(6) §240-108. Building Permit Fees:
NOTE: I believe George Kolb is providing
A breakdown of the current building permit
and departmental fees.
(7) §240-110. Escrow Funds:
For SUBDIVISIONS, the applicant shall deposit and maintain a sum
calculated as follows:
Number of lots Amount
0-2 $ 3,750.00
3-10 $ 7,500.00
11 —35 $22,500.00
>35 $52,500.00
For SITE PLANS & REGULAR SPECIAL USE PERMITS, the applicant
shall deposit and maintain a sum calculated as follows:
Square Footage Amount
0 to 3,000 $ 3,750.00
3,001 to 20,000 $ 7,500.00
20,001 to 50,000 $22,500.00
>50,000 $52,500.00
For MINOR APPLICATIONS2, the applicant shall deposit and maintain
a sum calculated as follows:
$500.00
2 Includes: Accessory Apartments; Professional Office or Studio Uses in a Residence; Home Occupations
involving onsite clients, visitors, customer or patrons; lot line changes and land transfers which result in
conforming lots and which involve less than 10% of the minimum lot area of each involved lot; and
subdivisions in which no new building lots are created.
GERALD A. VERGILIS*
KENNETH M. STENGER
ALBERT P. ROBERTS
IRA A. PERGAMENT
ANTONIA T. LUCIA
JOAN F. GARRETT**
THOMAS R. DAVIS
TODD N. ROBINSON**
'ADMITTED TO PRACTICE
IN NY & FLA.
**ADMTTTED TO PRACTICE
M NY & CONN.
December 16, 1998
Town Board
VERGILIS, STENGER, ROBERTS & PERGAMENT
ATTORNEYS AND COUNSELORS AT LAW
1611 ROUTE 9
WAPPINGERS FALLS, NEW YORK 12590
(914)298-2000
FAX (914) 298-2842
Town of Wappinger
P.O. Box 324
Wappingers Falls, NY 12590
Attn: Hon. Constance O. Smith, Supervisor
Re: Fee Schedule — Subdivision Recreation Fees
Dear Connie and Board Members:
LEGAL ASSISTANTS:
DALE O'DONNELL
AMY E. WOODARD
POUGHKEEPSIE OFFICE
276 MAIN MALL
POUGHKEEPSIE, NY 12601
(9I4) 452-1046
ADDRESS REPLY TO: ( ) POUGHKEEPSIE
( ) WAPPINGERS
In anticipation of Monday's meeting regarding the Fee Schedule, it is my recommendation that the
Board re-examine its policy on subdivision recreation fees. At present, subdivision recreation fees
are exempted from subdivisions containing five or less lots. I am not sure of the exact historical
origin for this policy, however, I believe the intention was to exempt the small property owner who
wanted to give a lot or two to a child.
I know of no other municipality that has such a policy. Whenever a new lot is created, it is only a
matter of time before a new house is built and a new family moves in with their attendant
recreational necds. It is my recommendation that every new lot created pay a subdivision recreation
fee.
Very truly yours,
VERGILIS, STENGER, ROBERTS & PERGAMENT
ALBERT P. ROBERTS
APR/lth.�
cc: Hon. Robert Valdati, Councilman (sent to home address)
Hon. Joseph Ruggiero, Councilman (sent to home address)
Hon. Vincent Bettina, Councilman (sent to home address)
Hon. Joseph P. Paoloni, Councilman (sent to home address)
Joseph E. Paggi, Jr., P.E.
Daniel K. Wery
Planning Board, Attn: Philip DiNonno, Chairman
�.0
ac
Raymond H. Arnold, A.I.C.P. V
r -
ENVIRONMENTAL REVIEWS PLANNING & ZONING STUDIES TRAFFIC & LAND USE REPORTS
3465 CURRY STREET, YORKTOWN HEIGHTS, NY 10598 (914) 245-7773
March 8, 1993
RECpin93.mel
Tom of Wappinger Planning Board
20 Middlebush Road, Town Hall, Wappingers Falls NY
Through: Zoning Administrator
Copy to: Attorney to Town
Engineer to Town
Gentlemen, ;- „ —
I have reviewed the letter dated March 3, 1993 from Mr. Roberts to Mr.
Parsons, pertaining to the "Impact of 'Bayswater' on Recreation Fees or
Parklands" and have the following comments to add to this subject.
The Planning Board, in all their deliberations on this subject, has been
guided by the Tom's policy on such matter, as it existed when various
subdivisions have been before the Board.
Such Town Policy has been established by and includes:
a. Initial adoption of the Master (Comprehensive) Plan in 1963
b. Implementation of that policy during the town's formative years
c. Refinement of the initial policy set forth in such Plan
d. Review & adoption of the 1988 Comprehensive Plan, including the
Recreation and Open Space Element
e. Recreation Commission's (adoption of a) publication titled
"Recreation Master Plan 1990"
Additionally the Planning Board has received comments from the Recreation
Commission, together with staff report from myself & the Engineer to the Town,
dealing with the needs of the Town & locational parameters for Recreation Areas.
All of the above have been an integral part of the POLICY of the Town of
Wappinger in establishing the needs of the Town and supplying such needs through
the subdivision process, as allowed by the State Enabling Statues.
The attachments to this letter of transmittal contain portions of the above
listed policies for your additional review. I would anticipate referencing such
policies, and this letter, in future reports to the Board when reviewing
subdivisions (and site plans) and recommending action by the Board.
In accordance with Mr. Roberts comments, we will strengthen and detail our
subdivision approving resolutions so as to satisfy the "Bayswater" requirement.
I would recommend that this item be placed upon a "workshop" agenda for
discussion. I would also suggest that the Recreation Commission be invited to
the workshop so that we are all in the same "ballpark" in this matter.
Respectively submitt d,
i
JRac/nd�
H. d, AICP
Planning Consultant
TOWN OF WAPPINGER N.Y.
RECpin93.mel (cont.)
March 8, 1993
Page 2
Excerpt from
Town of Wappinger
Recreation Master Plan - 1990
The plan as published indicated 17 site currently owned by the Town for
Recreation purposes:
1.
Robinson Lane
active
2.
Castle Point
active
3.
Spook Hill
active
4.
Quiet Acres
active
5.
Martz Field
active
6.
Schlathaus Park
active
7.
Rockingham Park
active
8.
Montfort Road Building
active
9.
Fleetwood
active
10.
Reese Park
active
11.
Anglebrook
undeveloped
12.
Briar Lane
undeveloped
13.
Moccasin Lane
undeveloped
14.
Tall Trees
undeveloped
15.
Arkway (Salem Road)
undeveloped
16.
Ye Olde Apple Orchard
active
17.
Deer Run Drive
undeveloped
Additional Comments - by R. H. Arnold, 3/8/93:
The above sites were generally acquired through the subdivision process and
are generally located in areas of densified development.
Eleven of the seventeen sites are active recreation areas while 6 remain
undeveloped (to 1990)
Additional sites have been acquired through the subdivision process since
the 1990 publication.
They include:
Airport Park @ Airport Drive
Subdivision Park @ Noto Development (Woodland Court)
The 1990 publication also contains a discussion of lands vs. monies;
describes the facilities and uses of each of the active areas;
outlines future proposals; and list some proposed land for
acquisition.
Raymond H. Arnold, 3465 Curry Street Yorktown Heights NY 10598
TOWN OF WAPPINGER N.Y.
RECpin93.mel (cont.)
March 8, 1993
Page 3
Comprehensive Plan - 1988
The Comprehensive Plan was adopted by the Planning Board after discussion &
public hearing in August of 1988. It was based upon studies undertaken by
Dutchess County (under contract with the Town) and discussion with various town
officials including the Town Board & Planning Board.
Three sections are paramount in establishing the necessary basis for
implementing recreation reservations (or money -in -lieu) during the subdivision
process.
The three sections are:
Goals & Objectives - Recreation (page 15):
Land Use Plan - Floodplain & Recreation (page 22)
Open Space Plan (page 25, map opposite page 26), and
Background Studies - Survey Results - Recreation (page 36) - -
Population (page 49)
Community Facilities - Recreation (page 109)
[Existing] Land Use (page 153)
The three sections are interrelated in forming the foundation upon which
"Reservation requirements" are based, during the subdivision
review process.
Based upon the BACKGROUND STUDIES, a personal knowledge of the desires of
the people of the tom, a knowledge of acceptable and desirable
planning and locational criteria, and continuous interaction with
the Recreation Commission, the GOALS & OBJECTIVES were formalized
and the LAND USE PLAN was adopted.
The PLAN does not "map" any new sites - this being the function of the
Planning Board, upon receipt of an application for subdivision
approval, and interaction with the Recreation Commission.
Raymond H. Arnold, 3465 Curry Street Yorktown Heights NY 10598
TOWN OF WAPPINGER N.Y.
RECpin93.mel (cont.)
March 8, 1993
Page 4
Excerpt
TOWN COMPREHENSIVE PLAN - 1988
Town of Wappinger
(Recreation Element)
9. Goal: Encourage recreational and cultural activities that meet the needs
of town residents.
Objectives:
Develop cultural facilities and programs to serve the needs of
the community
Locate recreational facilities in such a way that they are
compatible with town development patterns
Develop recreational facilities that are adequate to serve the
town's current and future populations
Improve the potential use of the Chelsea boat ramp, especially
through the development of parking facilities
Work with the Village of Wappingers Falls to make the best
recreational use of Wappinger Lake
Improve access to the Hudson River
Acquire land for public use well in advance of need
Provide an open space network in designated transportation
corridors
Anticipate future needs and provide appropriate locations for
community facilities, town government requirements, and
recreation areas
Raymond H. Arnold, 3,465 Curry Street Yorktown Heights NY 10598
TOWN OF WAPPINGER N.Y.
RECpin93.mel (cont.)
March 8, 1993
Page 5
Correspondence/Staff reports from R. H. Arnold - pertaining to locational
characteristics
LAilREN05/ltr November 1, 1988 - Letter to Mr. Ralph Holt
pertaining to Recreation lands for the Lawrence subdivision
OAKRDG02/mem November 28, 1988 - Memo to Planning Board
pertaining to Recreation lands for Oakridge Subdivision
LAWREN06/mem December 12, 1988 - Memo to Planning Board
pertaining to Recreation land for Lawrence Subdivision
contains locational characteristics that should be used
Additional correspondence:
Letter dated February 7, 1989 - Mr. Ralph Holt to Mr. Herbert Levenson
Recreation priorities.
Raymond H. Arnold, 3465 Curry Street Yorktown Heights NY 10598
TOWN OF WAPPINGER N.Y.
RECpin93.mel (cont.)
March 8, 1993
_.. Page 6
Date March 8, 1993
_ RECLANDS.loc
To: Tom of Wappinger Planning.. Hoard
From: Raymond H. Arnold, AICP, Consulting Tom Planner
Subject: Locational characteristics - Recreation areas
1. The following locational characteristics were contained in my memo dated
December 12, 1988 (LAWREN06.mem) during the discussion on the LANRENCE
SUBDIVISION. and the DISCUSSION OF RECREATION LANDS: ,
1. In my letter of November 1, 1988 to the Recreation Commission Chairman, I
stated:
"The Board did not completely embrace this area for the location of a Town
swimming pool, indicating a neighborhood activity as being more appropriate.
I indicated that a soccer field could be built in the flood plain area,
making such area available a major portion of the time, while still providing
the measure of flood protection afforded by the flood plain. To this end, I have
outlined an appropriate area to the rear of lots 14 through 19. This concept
would only work, if the access to the "Park Area" was a fully paved town road,
and a paved parking area was included. Additionally neighborhood play equipment
could also be provided."
2. I also stated in that letter:
"Regardless of the location, the following parameters must be followed, now
and in the future whenever the Town requires land reservation for recreation
purposes.
The land must be
visible
accessible
usable, and
appropriately located for expansion
3. From the same letter:
Additionally - a note of strategy -
The park/activity center must be built during the home sales period and be in
use prior to the first homeowners moving in.
The subdivider/developer may not have the use of the area during the
construction phase.
The land must be deeded to the Town prior to signing of the final plat, with
appropriate easement rights granted to the subdivider/developer for access for
park construction purposes.
Appropriate signage, as to the ownership and use, must be in place prior to the
home sales period, and must be permanently maintained.
Raymond H. Arnold, 3465 Curry Street Yorktown Heights NY 10598
TOWN OF WAPPINGER N.Y.
RECpin93.mel (cont.)
March 8, 1993
Page 7
Future Subdivision Review
In the future, in considering the need for the reservation of recreation lands
(or monies), the following guide will be used:
Each subdivision will be reviewed on its face as to:
a. How the subdivision fits into the overall existing and future
density pattern of the Town
b. The location, the composition and level of use of svlrrounding
recreation facilities
c. The potential for future expansion or add-on to existing facility
d. Its location vs. "Open Space Network"
e. Its size
f. The potential for more extensive development in other nearby area
(future subdivisions)
Detail Findings must be made by the Planning Board that:
A proper case exist for requiring the developer to show a park on the
plat for playground or other recreational purposes
The following additional findings will be required in order for the Planning
Board to exercise its authority to impose a payment in lieu of setting aside
lands for park purposes:
That a park or park of adequate size cannot be properly located on the
plat or is otherwise not practical.
Raymond H. Arnold, 3465 Curry Street Yorktown Heights NY 10598
TOWN OF WAPPINGER N.Y.
-.. RECpin93.me1 (cont.)
March 8, 1993
Page 8
7 -
Town
Town of Wappinger Land Subdivision Regulations
Section 5.51 Park Reservations
5.511 - General Standards
The Planning Board may require that land be reserved within
subdivisions for a park or parks suitably located for
playground or other recreational purposes. Suqh location shall
be as designated on the Town Development Plan ar Official
Map, or as otherwise deemed appropriate by the Planning Board.
Each reservation shall be of suitable size, dimensions,
topography and general character, and shall have adequate
street access, for the particular purpose or purposes
envisioned by the Planning Board, taking into consideration
the recommendations of the Recreation Commission. The area
shall be shown and marked on the plat as "Reserved for Park
Purposes."
5.512 - Minimum Size
The Planning Board may require the reservation of up to 10% of
the area of the subdivision for recreation purposes. In
general, it is desirable that land reserved for park and
playground purposes have an area of at least 3 acres. The
Board may require that such areas be located at a suitable
place on the edge of the subdivision so that additional land
may be added at such time as the adjacent land is subdivided.
5.513 - Ownership of Park Areas
The ownership of reservations for park purposes shall be
clearly indicated on the plat and established in a manner
satisfactory to the Planning Board so as to assure their
proper future continuation and maintenance.
5.514 - Cash Payment in Lieu of Reservation
4lhere the Planning Board determines that a suitable park or
parks of adequate size cannot be properly located in a
subdivision, or where such a reservation is otherwise not
appropriate or practical, the Board may require, as a
condition to approval of any such plat, a payment to the
Town of a sum determined for such cases by the Town Board, as
follows:
For 1 thru 5 lots, there shall be no fee;
For 6 thru 9 lots, the appropriate fee shall be paid to the
Town;
For 10 or more lots, the Planning Board shall determine
whether to require the reservation of land, or payment of the
appropriate fee.
Raymond H. Arnold, 3465 Curry Street Yorktown Heights NY 10598
CURRENT FEE SCHEDULE
SUBDIVISION FEES:
$300.00 for the application, plus $100.00 per lot, non-refundable.
DOWNSTREAM DRAINAGE FEE:
$200.00 per newly created building lot.
SITE PLAN:
5300.00 for the application, plus $100 per 1000 sq. ft. of gross floor
area of the building.
Plus $10.00 per parking space up to 10
Plus $ 5.00 per parking space 11 to 100
Plus 4.00 per parking space 101 and above
These fees should be non -refundable -
DOWNSTREAM DRAINAGE FEE -COMMERCIAL PROPERTY:
$ .15 per sq. ft. of newly created roofed area or areas covered with
impervious material.
COPY WORK
$ .25 per copy.
RECREATION FEE:
For 1 thru 5 lots, no fee;
For 6 thru 9 lots; $1500.00 per lot;
For 10 or more lots, the Planning Board shall determine whether to require
the reservation of land, or payment of $1500.00 per lot.
AMENDED SITE PLAN:
$150.00 for each application, plus same fee as Site Plan for additional
gross floor area and additional parking spaces.
ZONING BOARD OF APPEALS
$35.00 application fee for all appeals per zoning amendment to Section
515.1 of the Town of Wappinger Zoning Ordinance. Said amendment adopted
10/13/82_
Please note that appellants will be billed by the local newspaper for the
legal notice.
Special Use Permit applications are subject to Site Plan/Special Use
Permit fee schedule.
Escrow Funds - See attached schedule.
Effective date March 16, 1989.
SUPERVISOR
IRENE M. PAINO
TOWN OF WAPPINGER
TOWN CLERK ' S OFFICE
20 MIDDLEBUSH ROAD
P. O. BOX 324
WAPPINGERS FALLS, N. Y. 12590-0324
(914) 297-5771
• ELAINE H. SNOWDEN
TOWN CLERK
March 3, 1987
Memo To: Ralph Holt, Chairman
Recreation Commission
From: Town Clerk's Office
TOWN COUNCIL
VINCENT G. FARINA
GERARD J. MCCLUSKEY
DAVID E. REIS
JUNE A. VISCONTI
wertaken at the regular meeting of
The following actions
the Town Board on March 2, 1987:
Increase of fees in lieu of land for recreation from $500
to $550.
The Engineer was authorized.to prepare specs for bathroom
facilities at the Spook Hill Recreation Area, for bidding.
Bernard Reiner appointed as-RecreationVorndranrappointednasl
salary of $4,500, prorated; John of $15,000, prorated.
Maintenance Supervisor, annual salary
Your request to go to bid on the Chelsea Boat Ramp was
tabled for discussion on some ite
Elaine H. Snowden
Town Clerk
gr
i
SUPERVISOR
LOUIS D. DIEHL
SUPT. OF HIGHWAYS
WILLIAM P. HORTON
TOWN OF WAPPINGER
TOWN CLERK'S OFFICE
MILL STREET
WAPPINGERS FALLS. N. Y. 12590
ELAINE H. SNOWDEN
TOWN CLERK
Planning Board
Town of Wappinger
Mill Street
Wappingers Falls, N.Y. 12590
Dear Board Members:
May 15, 1980
TOWN COUNCIL
NICHOLAS S. JOHNSON
BERNICE R. MILLS
JANET M. REILLY
FRANCIS J. VERSACE
Re: Recreation Dedication—
Money in Lieu of Land
At the regular meeting of the Town Board of the Town of
Wappinger held May 12, 1980, a motion was made by Councilman
Versace, seconded by Councilwoman Mills and unanimously carried
to increase the fee of $300 to $500 per lot when money is
accepted in lieu of land in new developments.
Yours very truly,
7 "114
e'
Elaine H. Snowden
Town Clerk
gr
SUPERVISOR
LOUIS D. DIEHL
SUPT. OF HIGHWAYS
WILLIAM P. HORTON
TOWN OF WAPPINGER
TOWN CLERK'S OFFICE
MILL STREET
WAPPINGERS FALLS. N. Y. 12590
ELAINE H. SNOWDEN
TOWN CLERK
Aug. 16, 1976
COUNCILMEN
LOUIS C. CLAUSEN
LEIF W. JENSEN
NICHOLAS S. JOHNSON
FRANK P. VERSACE
planning Board
Town of Wappinger
Mill Street
Wappingers Falls, N.Y.
Gentlemen:
At the regular meeting of the Town Board of the Town
of Wappinger held Aug. 9, 1976, a motion was unanimously
passed to increase money in lieu of land for recreation
in new developments from $100 to $300 per lot.
Yours truly,
0
Elaine H. Snowden
Town Clerk
gr
IJ
TOWN OF WAPPINGER
TOWN CLERK'S OFFICE
MILL STREET
SUPERVISOR
LOUIS D. DIEHL WAPPINGERS FALLS, N. Y. 12590
ELAINE H. SNOWDEN
TOWN CLERK
SUPT. OF HIGHWAYS
WILLIAM P. HORTON OFFICE HOURS
9A.M.TO4P. M.
August 28, 1972
Planning Board
Town of Wappinger
Mill Street
Wappingers Falls, N.Y.
Gentlemen:
COUNCILMEN
LOUIS C. CLAUSEN
HARRY F. HOLT
LEIF W. JENSEN
STEPHEN M.SALAND
At the Town Board meeting held August 14, 1972, a motion was
made by Mr. Jensen, seconded by Mr. Clausen and unanimously carried
to adopt the following policy in reference to recreation land.
A developer may donate land for recreational purposes or the
sum of $100.00 per lot in the development for recreational purposes.
This decision will be the responsibility of the Planning Board and
the Recreation Commission and each donation should be considered
individually.
EHS : gr
4
7
Yours truly, 1 ::: ��N __-. nn�
O
Elaine H. Snowden
Town Clerk
AUG 2 1��y
T01NN OF WAPPINGER PLANNING BOARD
15Y
August 20, i X72
Planning Board
Town of Wappinger
Mill Street
Wappingers Falls, N.Y.
Gentlemen:
At the Town Hoard meeting held fiugust 14, fSD%_', a was
made by Mr. Jensen, seconded by Mr. Clausen and �nLniaiously carried
to adopt the following policy re_erance to "Land.
A developer may do ---.,ate fo: recreational the
sum of $100.00 per lot Ln the develr�,:;=ant for
This decision will be the responsibility of the �'_� _.._�.:g �.ar: and
the Recreation Commission and each donation should be con -s- red
individually.
Yours truly,
0
utto�'aden
Tow'i1 Clerk
EHS:gr
/%. �
�Z�Z�%
11/71 -- The information contaizied in this letter was incorporated in
the 11/11/71 minutes of the Recreation Commission meetin:?.
k ALLAN E. RAPPLLYLA
I ✓ '! ATTORNEY AND COUNSELLOR AT LAW
B LAFAYETTE PLACE
POUGHKEEPSIE, NEW YORK 12601
TELEPHONE 454.0503
November 9th, 1971
Planning Board
Town of Wappinger
Town Hall
Wappingers Falls, NY
Re: Recreati.on ' Area in Plats
Gentlemen:
Pursuant to the provisions of the Town Law the
amount of property established for a park in each
subdivision is to be determined by the Planning Board.,.
In the event there is not suitable land for
recreation in the development, the Planning Board may
establish a payment to be made to the Town in lieu of
the establishment of a recreation area. The amount
of this payment, however, is subject to the approval
of the Town Board.
Very truly yours,
ALLAN E. RAPPLEYEA
AER: tjf
cc: � <creation Commission
Town Hall
Wappingers Falls,,NY 12590
T.OrAL LAW
A LOCAL LAW INCREASING THE RECREATIONAL
FEES OF THE TOWN OF WAPPINGER
SECTION 1. Legislative Intent
The Zoning Ordinance and the Subdivision Regulations of the Town
of Wappinger presently require payment of a Recreation fee upon the approval
of a subdivsiion based on a per lot amount. The Town Board determines that
the amounts to be paid per lot is in need of being adjusted and by this Local
Law seeks to adjust the amount of the Recreation fee.
SECTION 2. Recreation Fee Established.
The Town Board of the Town of Wappinger shall by Resolution adopted
from time to time setfee tq be known as the Recreation Fee to be paid
on all -approved subdivisioKrior to the release of the Subdivision Map to the
developer. Said fee shall be determined by the Town Board and shall be calculated
by the Zoning Administrator.+ .
(� (�, "
SECTION 3. Effective Date
This Local Law shall take effect immediately upon its filing with
the Secretary of State.
BY ORDER OF THE TOWN BOARD
TOWN OF WAPPINGER
BY: ELAINE SNOWDEN
TOWN CLERK
r_nrnT. T-AW
AMENDING LOCAL LAW #12 OF 1988
INCREASING RECREATIONAL FEES OF
THE TOWN OF WAPPINGER
Section 1. Local Law #12 of 1988 is hereby amended by amending
Section 2 thereof to read as follows:
"SECTION 2. Recreation Fee Established. The Town Board of the
Town of Wappinger, pursuant to §276 and 277 of the Town Law of the
State of New York hereby establishes a fee to be known as the
Subdivision Recreation Fee, which fee is to be paid per lot subdivided
whenever lands are subdivided pursuant to the Subdivision Regulations
of the Town of Wappinger. Said fees shall be paid prior to
endorsement of the final subdivision plat by the Chairman of the
Planning Board."
Section 2. Local Law #12 of 1988 is further amended by deleting
Section 3 as adopted and adopting a new Section 3 as follows:
"Section 3. Subdivision Recreation Fee. The Subdivision
Recreation Fee is hereby set at $1,500.00 per lot subdivided, pursuant
to Subdivision Regulations of the. Town of Wappinger and Town Law of
the State of New York §276 and 277. The fees per subdivision shall be
calculated by the Zoning Administrator.
Section 3.
Effective Date. This Local Law shall take effect immediately
upon adoption and filing with the Secretary of State as provided by
law.
'��tc
Local Law Filing NEW YORK STATE DEPARTMENT OF STATE
162 WASHINGTON AVENUE, ALBANY, NY 12231
(Use this form to file a local lnw 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.
ofWappinger
Town..:.................................
Local Law No...................... ./........................... of (lie year 19 .93.
A local in),- ..Amending Local ..Law #12 of 1988 Increasing Recreational Fees
............................................. .........
(Insert Title) of The Town of Wappinger'
Beit enacted by the ....Town Board.................:...................................................................................... of the
(Name of Legislative Dody)
Townof ..........hAP.P.ill9•el..............................................................................................................as follows:
Xi4Ns�li
TEXT COMMENCES ON NEXT PAGE
(If additional space is needed, attach Pages the same size as this slice(, and number cacti.)
(1)
5
PLANNING BOARD
TOWN OF WAPPINGER
TOWN HALL
WAPPINGERS FALLS. NEW YORK 12590
TEL. 297-9941
March 5, 1971
Recreation Commission
Town of Wappinger
Mill Street
Wappingers Falls, New York 12590
Gentlemen:
You will recall that, in April 1970, the Planning Board voted
against accepting your recommendations regarding acquisition of
recreational land from developers.
Your Commission again asked for action, following which the
Planning Board appointed a Committee to study this matter. A
report was received from said Committee, and following are the
Planning Board's recommendations regarding acquisition of
recreational land from developers:
1. Subdivisions of 20 acres or more are subject to 5%
recreation donations prior to final approval. Acceptance
to be based on Recreation Commission and Planning Board
approval. If land not acceptable a contribution in lieu
of land be accepted. The amount to be determined by the 5%
rule as to acreage and value of acreage; to be determined
by assessed value at time of final approval. Monies so
received must be used in an area which could logically
be used by those residents of development involved in
contribution.
2. Money contribution in lieu of land based on,amount per
lot is unacceptable; as there is a great variation in value
of lots, and thus a form of discrimination which could
lead to legal test.
3. Taking of many small parcels is not recommended as they
are difficult to develop and manage. It is recommended
that the monies received be used to develop the existing
PLANNING BOARD
TOWN OF WAPPINGER
TOWN HALL
WAPPINGERS FALLS, NEW YORK 12590
T6L, 297-9941
Recreation Commission
-2-
March 5, 1971
town facilities. The development and maintenance of
recreation facilities is truly a general town obligation
and should be met by tax revenues and not alone by new
developments.
4. In all cases where land is taken, the area contributed
must be graded according to the requirement of the
Town Engineer. No final approval should be granted by
the Planning Board, until a deed has been received and
approved by the Town Attorney, and approval obtained from
the Engineer to the Town. No final approval by the
Planning Board where cash in lieu has been agreed upon,
unless cash or a certified check shall have been received
by the Town Board.
5. The state of the recreation land set aside shall be made
a condition of final approval. It is the intention of
the Planning Board that any improvements or development
of the land set aside for recreational purposes should be
restricted to rough grading.
Yours very truly,
Susan J. Pike, Secretary
Town of Wappinger Planning Board
SJP/dlh
CC: Town Board
SUPERVISOR
LOUIS D. DIEHL
SUPT. OF HIGHWAYS
WILLIAM P. HORTON
RECREATION COMMISSION
TOWN OF WAPPINGER
TOWN CLERK'S OFFICE
MILL STREET
COUNCILMEN
WAPPINGERS FALLS, N. Y. 12590
LOUIS C. CLAUSEN
ELAINE H. SNOWDEN
G. DONALD FINNAN
TOWN CLERK
HARRY F. HOLT
OFFICE HOURS
JAMES MILLS, JR.
O A. M. TO 4 P. M.
August 31, 1971
Planning Board
Town of Vlappinger
Mill Street
Wappingers Falls, N. Y. 12590
Re: Acquisition of Recreational band from Developers
Gentlemen:
%fie refer to your letter of ?larch 5, 1971 and respectfully
request that you give consideration to the following:
1. A change in the land donation from 5% to 10% be
made.
2. A unit fee of $100 be set as a money contribution
in lieu of land.
Very truly yours,
Hugh J. Maurer
Chairman
Recreation Commission
RJM:ecw
C` - G-�-�
April 17, 1970
yr. obe;rt Y. Heisler, Chairman
:'own of 'appin- er Planning Board
':ill Street
Wappingers Falls, N. Y. 12590
Lear Dr. Heisler:
We are enclosing herewith our recommendations for
your consideration regarding acquisition of recreational
land from developers.
Very truly yours,
Hugh J. Maurer,Chairman
'Recreation Commission
e cw
encl. - 1
cc: Mr. Louis L. Diehl
Mrs. Elaine H. Snowden
April 17, 1970
X VL hC ' Ia`Z.�
1.
On subdivisions thkt provide a recreation area for its own
residents and doss not dedicate land to the Town, request
that a band be posted with the "'own to cover the improve-
ments that the developer agrees to provide. Also it would
be understood that if the park is abandoned by the developer
it would revert to the "awn. If not completed. the `:'awn will
call the bond.
2. Recommend a change from 5% to 1OS; for any subdivision to
cover acreage for recreational purposes. Also to reserve
the right to take money in lieu of land. 'e sue,
gsst that
the Planning Board consider a fee of ,250.00 per lot.
3. t -hat the Recreation Cor ission receive a copy of every
preliminary map and ebanges as they occur.
Pricer to the acceptance of the deed for a recreation area
within a subdivision the Recreation Commission recommends
that the land in question remain in the same condition as
it was at the time of inspection unless wrltten ap_-roval is
given by the Recreat i or Cor i ssi an.
ALLAN E. RAPPLEYEA
ATTORNEY AND COUNSELLOR AT LAW
B LAFAYETTE PLACE
POUGHKEEPSIE, NEW YORK 12601
TELEPHONE GL 4.0803
June 2, 1970
Town of Wappinger Planning Board
Town Hall
Wappingers Falls, NY
Re: Recreation Lands and Subdivisions
Gentlemen:
At a meeting of the Recreation Commission on
May 29, 1970, it was suggested that I write to you
to spell out my statement to the Recreation Commis-
sion concerning recreation lands and subdivisions.
Section 277 Subdivision 1 of the Town Law pro-
vides that planning boards may require that suitable
lands be devoted to a recreation area and that such
area be improved to the extent required by the plan-
ning board. There is no exact definition of what is
suitable nor is there any exact requirement for a
specific land area.
The Recreation Commission understands that this
question lies within your province, but they would
like to be consulted prior to any approval of sub-
divisions and they would like an opportunity to walk
the land with the Planning Board and to render advise
to the Planning Board as to the suitability of the
land.
While each case would depend upon its own merits,
the Recreation Commission believes ten (10) percent
of the land should be devoted to the recreation.
In certain cases where par V lands are located
nearby, the Commission believes that the sum of $250.00
Town of Wappinger -2- 6/2/70
Planning Board
per lot would be a suitable alternate.
If you wish, I will assist in corporating any
of these recommendations mQ your subdivision
regulations.
Very truly yours,
ALLAN E. RAPPLEYEA
AER: tj f
cc:1%Recreation Commission
Town of Wappinger
Town Hall
Wappingers Falls, New York
June 170 1970
I)r. Robert Y. Heisler, Chairman
own of 'ap in'.-.oler Planning Board
�-'ill Street
'�ap;DingrerB Falls, N.
hear Dr. Heisler:
'A
�an you ;s,dvise when You pIan to take act-1,ion on our
recommendations for acquisition of recreation lands which
were submitted to You with Our letter of April 17, 197(',,?
very truly yours,
j. r-aurer
Chairman
1=:ecw