Recreation fees should not be imposed until certain statutory findings under Village Law are made

Decision and Order affirming judgment declaring fee invalid in absence of statutory findings.


A recreation fee was imposed by a village planning board as a condition to the issuance of site plan approval for a single-family house. However, the planning board had not made findings regarding the recreational needs created by the property owner's improvement of the property as a one-family home, as required by Village Law Section 7-725-a[6][b], and [c]. The motion court found the imposition of the fee invalid, and directed the planning board to issue site plan approval without a recreation feee. The Appellate Division agreed that the fee could not be imposed withoutthe findings, but modified the judgment by sending the matter back to the planning board to prepare the findings.

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Reference Info:Decision | State, 2nd Circuit, New York | United States

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