Parkland Reservation: The 'Findings' Requirement

, New York Law Journal

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In his Zoning and Land Use Planning column, Anthony S. Guardino, a partner at Farrell Fritz, writes: New York law allows local governments to require that an applicant for a residential subdivision or site plan approval set aside land for park and recreation purposes or pay a fee in lieu thereof. The statutes, however, specifically require that the municipality first must find that the new development creates the need for additional recreational facilities, a finding which municipalities have sometimes neglected.

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