Riegert Apartments Corp. v. Planning Board

OPINION OF THE COURT

Chief Judge Cooke.

Although the Town Law accords towns broad powers to regulate the development of both subdivisions and individual sites, the authority for approving subdivision plats is discrete from that for approving individual site plans. Thus, although a town may require that, before approving a plat, either land or money-in-lieu-of-land be delivered to the municipality for developing parks, no such conditions may be imposed on the approval of a site plan.

Raymond and Nanette Riegert, petitioner’s predecessors in title, owned a 7.40-acre tract in the Town of…