[Added 5-19-2004 by L.L. No. 16-2004]

A. Major subdivisions. The recreation fee for major subdivisions in the R-5, R-7, R-10, R-15, R-20, R-40 and R-80 zoning districts shall be established as follows:

(1)Recreation fee. If the Planning Board determines that a proper case exists for requiring recreational facilities, but suitable facilities of adequate size to meet the requirement cannot be properly located on the property, a sum of money in lieu thereof equal to 10% of the fair market value of the entire parcel under review shall be provided to the Town by the applicant. In no event shall the recreation fee be less than $10,000 per lot.

(2)Calculation of fair market value. The Planning Board shall obtain an appraisal of the entire parcel under review at the applicant's cost and expense. The parcel shall be appraised as of conditional final approval of the subdivision or site plan. The applicant shall be given an opportunity to review the appraisal and if in agreement, shall provide the Planning Board with a signed notarized statement accepting the appraisal as fair and reasonable. If the applicant rejects the appraisal, the Planning Board shall obtain a second appraisal at the applicant's expense, which, if accepted in writing by the applicant, shall be averaged with the first appraisal. In the event the applicant rejects the second appraisal, he/she shall obtain a third appraisal by a certified real estate appraiser licensed in the State of New York at his/her own cost, which shall be averaged with the two (2) prior appraisals to establish the fair market value of the plat or site.

(3)In establishing fair market value, the value of existing buildings, accessory structures and other improvements to the land shall not be included in the calculation.

B. Minor subdivisions. The recreation fee for minor subdivisions in the R-5, R-7, R-10, R-15, R-20, R-40 and R-80 zoning districts shall be established as follows: [Amended 10-13-2004 by L.L. No. 33-2004]

C. In all other zoning districts, the recreation fee for subdivisions and site plans shall be as follows:

NOTE:

*Fees per acre shall be charged for each whole acre as well as for any fraction thereof. A fee of $1,500 per dwelling unit shall be charged in lieu of parkland set-aside in any commercial zoning district when a residential site plan is approved, presently said districts are C-1, C-3, C-4, C-6, C-6 Huntington Station Overlay District and C-8, however, should residential units be permitted in any other commercial or industrial zoning districts in the future, then the $1,500 fee shall also apply.

For any of the zoning districts listed above where the proposed project is a "condominium" that will be duly filed as such with the New York State Attorney General, and where there will be no subdivision of land as would be the case with some "Homeowner's Association" and/or "cooperatives," the "Park and Playground Fee" shall be based on the per-unit or per-lot fee for the zoning district in which the development is to be located.

D. Exemptions.

(1)Affordable housing. Where the Planning Board has determined that the project presents a proper case for requiring a park, playground or other recreational facilities and such amenities are not provided on-site in an affordable housing project, the recreation fee shall be waived, except that the fee shall not be waived if the property has been granted a change of zone by the Huntington Town Board and affordable housing is a component of such zone change pursuant to § 198-13(I) of the Town Code, or successor law. For the purpose of this section, affordable housing shall be defined as set forth in § 198-13(I)(1)(a).

(2)The recreation fees established herein shall affect all subdivision applications which have not received preliminary approval and residential site plans which have not received final or conditional final approval as of the effective date of this amendment.