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Parkland dedication condition removed from draft plan of condominium as cash-in-lieu was previously paid.
The appellant appealed a condition of approval for a draft plan of condominium that required cash-in-lieu of parkland for three additional lots.
The appellant argued this amounted to 'double dipping' because parkland dedication was already satisfied when the original subdivision was approved in 1987.
The Township argued the condition was authorized under s. 51.1 of the Planning Act and was reasonable due to increased density.
The Tribunal found that the proposed development did not contemplate a higher density than the previously developed portion of the original subdivision and that cash-in-lieu had already been provided.
The Tribunal concluded the condition was not reasonable and ordered it removed.
