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Grand Island committee backs hiking recreation fees and explores open-space charge for commercial projects
Summary
Conservation Advisory Board members recommended increasing recreation fees, discussed a possible 'per front door' flat fee and explored an open-space fee for commercial development and solar projects, while urging legal review to ensure fee approaches meet New York precedent and constitutional nexus tests.
Committee members told colleagues the town should increase recreation fees and consider a simpler 'per front door' flat approach to make charges easier to administer and fair across dwelling types.
“We could just do $7.50 per front door across the board,” a committee member said during the discussion of fee structure, noting the current system differentiates between single-family and contiguous housing. Another member argued apartment units often rely more on town facilities and might still warrant a higher fee unless a development provides on-site recreation.
Members also discussed an open-space fee or impact approach for commercial development, including solar farms. The board reviewed options — charging by acreage, by megawatt yield, or a pilot-plus-fee structure — and cited a precedent in another New York county that combined a pilot program with an open-space charge. Committee members urged caution: any commercial open-space fee needs a clear nexus and an open-space plan to avoid legal challenge.
There was general agreement to recommend that the town board raise recreation fees and to ask counsel to clarify whether an open-space fee for solar or other commercial projects would be legally supportable. The Chair said the CAB will prepare a recommendation on the amount and structure for the town board to consider; indexing the fee to cost-of-living changes was proposed as a mechanism to avoid repeated annual debates.
Next steps: CAB will draft a recommendation for the town board that outlines options (flat per-unit fee vs. adjusted current structure), suggests indexing possibilities, and requests a legal review of any proposed open-space fee for commercial projects.
