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Planning Board Must Make Individualized Analysis Before Imposing Recreation Fee

By Steven Silverberg and Katherine Zalantis

The Appellate Division held that a planning erred in imposing a recreation fee without first doing an analysis of the recreation needs created by approving a site plan. In Matter of Dobbs Ferry Development Associates v. Bd. of Trustees of the Village of Dobbs Ferry, the court found that in granting site plan approval for development of a single family home on a vacant lot, the planning board failed to undertake "individualized consideration" by making findings as to the recreational needs created by development of the lot. However, the court modified the lower court's judgment which directed that the site plan approval be granted without the recreation fee. Instead, the Appellate Division remitted the matter: "for further consideration as to whether a recreation fee is appropriate, the amount, if any, and the specific findings which support such a fee...continue to full post

Full post as published by New York Zoning and Municipal Law Blog on February 27, 2011 (boomark / email).