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![handle is hein.nyscompop/nyscomo2010 and id is 1 raw text is: Opinion 2010 - 1
This opinion represents the views of the Office of the State
Comptroller at the time it was rendered. The opinion may no
longer represent those views if, among other things, there have
been subsequent court cases or statutory amendments that bear
on the issues discussed in the opinion.
PARKS AND RECREATION -- Moneys in Lieu of Park Land (use of to fund
the purchase of a portion of a parcel to be dedicated for park or
recreation use)
ZONING AND PLANNING -- Park Lands (use of park trust moneys to fund
the purchase of a portion of a parcel to be dedicated for park or
recreation use)
VILLAGE LAW § 7-730 (4): If a village purchases a parcel of property, a
portion of which is to be used for village offices and a portion of which
would (1) be separately appraised, (2) have a separate value ascribed to
it, (3) be separately described and deeded, and (4) be dedicated to
village park or other recreational uses, the village may use park trust
fund monies to pay that part of the purchase price attributable to the
discrete portion of the parcel to be dedicated for park or other
recreational uses.
You indicate that the village is considering the purchase of real property
for use as a village office. Two parcels, one that is two acres and one
that is six acres, are under consideration. In the case of the two acre
parcel, the village plans to use one acre for the village office, and
dedicate the second acre for village park or other recreational purposes.
With respect to the six acre parcel, one acre would be used for the
village office, and five acres would be dedicated for village park and
other recreational purposes. You state that the portion of the parcels to
be dedicated for park or recreational purposes, in both cases, would be
separately appraised, have separate values ascribed to them and be
separately described and deeded. You ask whether monies held in a park
land trust fund pursuant to Village Law § 7-730 may be expended to pay
that part of the purchase price attributable to the portion of the parcel
to be dedicated by the village for park or recreational purposes. The
remaining portion of the parcel would be paid for from the village
general fund.
Village Law § 7-730 (4) (a) provides that, before a village planning
board may approve a subdivision plat containing residential units, the
subdivision plat must show, when required by the planning board, a
park or parks suitably located for playground or other recreational
purposes. 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 playground or other recreational purposes within the village
(Village Law §7-730 [4] [b]; see also Twin Lakes Development Corp. v
Town of Monroe , 1 NY3d 98, 769 NYS2d 445, cert denied 541 US 974,
158 L Ed 2d 469, 124 S Ct 1883; Bayswater v Planning Board of the
Town of Lewisboro, 76 NY2d 460, 560 NYS2d 623). 1 The proper case
finding must include an evaluation of the present and future needs for
park and recreational facilities in the village, based on projected
population growth to which the particular subdivision plat will contribute
(Village Law § 7-730 [4] [b]).
If the planning board makes a finding that a 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 the plat, the planning board may require a sum of money in
lieu of the reservation of park land, in an amount to be established by
the village board (Village Law § 7-730 [4] [c]; see also Twin Lakes
Development v Town of Monroe, supra). 2 In determining suitability, the
planning board must assess the size and suitability of land shown on the](ViewImageLocal?handle=hein.nyscompop/nyscomo2010&div=1&collection=&method=preview&ext=.png&size=3)