What is the legal basis for establishing a land use development fee?

The legal basis for establishing a land use development fee in New York is outlined in the state’s Municipal Home Rule Law (MHRL). The MHRL provides for the adoption of a local law that allows municipalities to charge a development fee in order to cover the cost of necessary infrastructure and services related to the development. According to the law, the fee must be reasonably related to the cost of the infrastructure or services caused by the development. The nature of the fee depends on the particular development project and must be based on the facts and circumstances surrounding it. For example, a developer may be required to pay a fee for the capacity needs of a sewage treatment plant due to the increased usage resulting from the development. Similarly, a developer may be charged a fee to cover the costs of additional police and fire personnel to protect the development. The cost of the fee should not be so excessive that it unduly burdens the development. The MHRL also allows municipalities to create processes for assessing the fees and making sure they are paid in a timely manner. This includes the use of special assessment districts, tax exemptions, bond issues, and other mechanisms to collect the fees. Overall, the MHRL provides the legal basis for municipalities in New York to establish fees for land use development. By properly assessing and collecting the fees, local governments can help cover the costs of the infrastructure and services related to development projects.

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What is the legal basis for establishing a land use development fee?

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