Senate Bill S7895

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7895
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                               May 13, 2025
                                ___________
 
 Introduced  by  Sen. PALUMBO -- read twice and ordered printed, and when
   printed to be committed to the Committee on Local Government
 
 AN ACT to amend the town law, in relation to the use of  funds  for  the
   acquisition of property for park, playground, and recreational facili-
   ties and equipment

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Paragraph (c) of subdivision 4 of section 277 of  the  town
 law,  as added by chapter 727 of the laws of 1992, is amended to read as
 follows:
   (c) In the event the planning board makes a finding pursuant to  para-
 graph  (b)  of  this  subdivision  that  the  proposed  subdivision plat
 presents a proper case for requiring a park or  parks  suitably  located
 for  playgrounds or other recreational purposes, THEN SUCH LAND SHALL BE
 SET ASIDE AND DECLARED HELD IN THE PUBLIC TRUST FOR USE LIMITED TO PARK,
 PLAYGROUND, OR RECREATION, TOGETHER WITH A SUM OF MONEY EQUAL TO  TWENTY
 PERCENT  OF  THE  VALUE  OF  THE  LAND  OR  TWENTY PERCENT OF THE TOWN'S
 PROJECTED COSTS TO IMPROVE THE PROPERTY FOR PARK, PLAYGROUND  OR  RECRE-
 ATIONAL  PURPOSES  WHICHEVER IS GREATER BUT NOT TO EXCEED THIRTY PERCENT
 OF THE VALUE OF THE LAND, TO BE DEPOSITED IN A TRUST FUND  FOR  IMPROVE-
 MENT,  EXPANSION,  REPAIR  OR  REPLACEMENT  OF THE PARK, PLAYGROUND, AND
 RECREATIONAL FACILITIES AND EQUIPMENT, INCLUDING COSTS RELATED TO DESIGN
 AND CONSTRUCTION, AND COSTS RELATED TO MANAGEMENT  AND  GENERAL  MAINTE-
 NANCE  OF THE PARK, PLAYGROUND, AND RECREATIONAL FACILITY CREATED ON THE
 LAND(S) SET ASIDE FOR SUCH PURPOSE.
   (D) IN THE EVENT THE PLANNING BOARD MAKES A FINDING PURSUANT TO  PARA-
 GRAPH  (B)  OF  THIS  SUBDIVISION  THAT  THE  PROPOSED  SUBDIVISION PLAT
 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, the planning board may require  a  sum
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13000-01-5
              

 S. 7895                             2
 
 of  money  in  lieu  thereof, in an amount to be established by the town
 board. In making such determination  of  suitability,  the  board  shall
 assess  the  size and suitability of lands shown on the subdivision plat
 which  could  be possible locations for park or recreational facilities,
 as well as practical factors including whether there is a need for addi-
 tional facilities in the immediate neighborhood. Any monies required  by
 the  planning board in lieu of land for park, playground or other recre-
 ational purposes, pursuant to the provisions of this section,  shall  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, IMPROVEMENT, EXPANSION, REPAIR OR  REPLACEMENT  OF  THE  PARK,
 PLAYGROUND,  AND RECREATIONAL FACILITIES AND EQUIPMENT, COSTS RELATED TO
 DESIGN AND CONSTRUCTION, AND COSTS RELATED  TO  MANAGEMENT  AND  GENERAL
 MAINTENANCE OF THE PARK, PLAYGROUND, AND RECREATIONAL FACILITIES.
   §  2. Paragraphs (c) and (d)  of subdivision 6 of section 274-a of the
 town law, as added by chapter 694 of the laws of 1992,  are  amended  to
 read as follows:
   (c)  In  the  event  the  authorized board makes a finding pursuant to
 paragraph (b) of this subdivision that the proposed site plan presents a
 proper case for requiring a park or parks  suitably  located  for  play-
 grounds  or  other  recreational  purposes,  THEN SUCH LAND SHALL BE SET
 ASIDE AND DECLARED HELD IN THE PUBLIC TRUST FOR  USE  LIMITED  TO  PARK,
 PLAYGROUND,  OR RECREATION, TOGETHER WITH A SUM OF MONEY EQUAL TO TWENTY
 PERCENT OF THE VALUE OF  THE  LAND  OR  TWENTY  PERCENT  OF  THE  TOWN'S
 PROJECTED  COSTS  TO IMPROVE THE PROPERTY FOR PARK, PLAYGROUND OR RECRE-
 ATIONAL PURPOSES WHICHEVER IS GREATER BUT NOT TO EXCEED  THIRTY  PERCENT
 OF  THE  VALUE OF THE LAND, TO BE DEPOSITED IN A TRUST FUND FOR IMPROVE-
 MENT, EXPANSION, REPAIR OR REPLACEMENT  OF  THE  PARK,  PLAYGROUND,  AND
 RECREATIONAL FACILITIES AND EQUIPMENT, INCLUDING COSTS RELATED TO DESIGN
 AND  CONSTRUCTION,  AND  COSTS RELATED TO MANAGEMENT AND GENERAL MAINTE-
 NANCE OF THE PARK, PLAYGROUND, AND RECREATIONAL FACILITY CREATED ON  THE
 LAND(S) SET ASIDE FOR SUCH PURPOSE.
   (D)  IN THE EVENT THE PLANNING BOARD MAKES A FINDING PURSUANT TO PARA-
 GRAPH (B)  OF  THIS  SUBDIVISION  THAT  THE  PROPOSED  SUBDIVISION  PLAT
 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  site  plan, the authorized board may require a sum of
 money in lieu thereof to be established by the  town  board.  In  making
 such  determination  of suitability, the board shall assess the size and
 suitability of lands shown on the site  plan  which  could  be  possible
 locations  for  park  or  recreational  facilities, as well as practical
 factors including whether there is a need for additional  facilities  in
 the  immediate neighborhood. Any monies required by the authorized board
 in lieu of land for park, playground  or  other  recreational  purposes,
 pursuant  to  the  provisions of this section, shall 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,
 IMPROVEMENT, EXPANSION, REPAIR OR REPLACEMENT OF THE  PARK,  PLAYGROUND,
 AND  RECREATIONAL  FACILITIES AND EQUIPMENT, COSTS RELATED TO DESIGN AND
 CONSTRUCTION, AND COSTS RELATED TO MANAGEMENT AND GENERAL MAINTENANCE OF
 THE PARK, PLAYGROUND, AND RECREATIONAL FACILITIES.
   [(d)] (E) Notwithstanding the foregoing provisions  of  this  subdivi-
 sion, if the land included in a site plan under review is a portion of a
 subdivision  plat  which  has  been  reviewed  and  approved pursuant to
 section two hundred seventy-six of this article,  the  authorized  board
 S. 7895                             3
 
 shall  credit  the  applicant for any land set aside or money donated in
 lieu thereof under such subdivision  plat  approval.  In  the  event  of
 resubdivision of such plat, nothing shall preclude the additional reser-
 vation of parkland or money donated in lieu thereof.
   § 3. This act shall take effect immediately.