Finding that nothing in state statute circumscribes the planning board from imposing a fee in lieu of parkland as a condition to final subdivision approval where preliminary approval was previously granted, the Court upheld the imposition of a fee on a 23-lot subdivision. The court noted that the petitioner was aware of the Board’s procedure to make a recreational need finding and recreational fee determination prior to the preliminary plat approval, and that the Board followed the same procedure with respect to the petitioner’s development on a neighboring parcel.
Davies Farm, LLC v. Planning Board of the Town of Clarkstwon, 54 A.D.3d 757, 864 N.Y.S.2d 84 (2nd Dept. 9/9/20008).
The opinion can be accessed at: http://www.courts.state.ny.us/courts/ad2/calendar/webcal/decisions/2008/D20193.pdf