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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: TEXT COMMENCES ON NEXT PAGE or additional space is needed, attach pages the same size as this sheet, and number each.) (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 $2,000 per lot as recently as 2004. Table 1 below details the history of the Town's recreation fee from 1976 to the present: Connecticut Hudson Valley Long Island email@fpclark.com (203) 255-3100 (845) 297-6056 (516) 364-4544 www.fpclark.com FREDERICK P. CLARK ASSOCIATES, INC. Planning/Development/Environment/Transportation Table 1 TOWN OF WAPPINGER RECREATION FEE HISTORY Years Fee Per Lot or Dwelling Unit ($) 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 Connecticut Hudson Valley Long Island email@fpclark.com (203) 255-3100 (845) 297-6056 (516) 364-4544 www.fpclark.corn FREDERICK P. CLARK ASSOCIATES, INC. Planning/Development/Environment/Transportation 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). Connecticut Hudson Valley Long Island email@fpciark.com (203) 255-3100 (845) 297-6056 (516) 364-4544 www.fpclark.corn FREDERICK P. CLARK ASSOCIATES, INC. Planning/Development/Environment/Transportation 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 Connecticut Hudson Valley Long Island email@fpclark.com (203) 255-3100 (845) 297-6056 (516) 364-4544 www.fpclark.com FREDERICK P. CLARK ASSOCIATES, INC. Planning/Development/Environment/Transportation 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 Connecticut Hudson Valley Long Island email@fpclark.com (203) 255-3100 (845) 297-6056 (516) 364-4544 www.fpclark.com FREDERICK P. CLARK ASSOCIATES, INC. Planning/Development/Environment/Transportation 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. Connecticut Hudson Valley Long Island email@fpclark.com (203) 255-3100 (845) 297-6056 (516) 364-4544 www.fpclark.corn FREDERICK P. CLARK ASSOCIATES, INC. Planning/Development/Environment/Transportation 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 Connecticut Hudson Valley Long Island email@fpclark.com (203) 255-3100 (845) 297-6056 (516) 364-4544 www.fpciark.com FREDERICK P. CLARK ASSOCIATES, INC. Planning/Development/Environment/Transportation 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. Connecticut Hudson Valley Long Island email@fpclark.com (203) 255-3100 (845) 297-6056 (516) 364-4544 www.fpclark.com FREDERICK P. CLARK ASSOCIATES, INC. Planning/Development/Environment/Transportation 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. Connecticut Hudson Valley Long Island email@fpclark.com (203) 255-3100 (845) 297-6056 (516) 364-4544 www.fpclark.com FREDERICK P. CLARK ASSOCIATES, INC. Planning/Development/Environment/Transportation 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 Connecticut Hudson Valley Long Island email@fpclark.com (203) 255-3100 (845) 297-6056 (516) 364-4544 www.fpclark.com FREDERICK P. CLARK ASSOCIATES, INC. Planning/Development/Environment/Transportation 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 Connecticut Hudson Valley Long Island email@fpclark.com (203) 255-3100 (845) 297-6056 (516) 364-4544 www.fpclark.com FREDERICK P. CLARK ASSOCIATES, INC. 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 Connecticut Hudson Valley Long Island email@fpclark.com (203) 255-3100 (845) 297-6056 (516) 364-4544 www.fpclark.com FREDERICK P. CLARK ASSOCIATES, INC. 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 Connecticut Hudson Valley Long Island email@fpclark.com (203) 255-3100 (845) 297-6056 (516) 364-4544 www.fpclark.com FREDERICK P. CLARK ASSOCIATES, INC. 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 Connecticut Hudson Valley Long Island email@fpciark.com (203) 255-3100 (845) 297-6056 (516) 364-4544 www.fpciark.com FREDERICK P. CLARK ASSOCIATES, INC. 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 Connecticut Hudson Valley Long Island email@fpclark.com (203) 255-3100 (845) 297-6056 (516) 364-4544 www.fpclark.com FREDERICK P. CLARK ASSOCIATES, INC. Planning/Development/Environment/Transportation 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 Connecticut Hudson Valley Long Island email@fpclark.com (203) 255-3100 (845) 297-6056 (516) 364-4544 www.fpciark.com 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