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<br />JUDICIAL ~ACTION <br /> <br />002335 58 <br /> <br />5-342;20 <br /> <br />municipal construction of improvements. Some. of these require- il@ <br /> <br />ments., have <br /> <br />been disapproved if such exactions have not been <br />.. 98 . '. <br />by enabling statutes or if the improvements were <br /> <br />. authorized <br /> <br />not directly related to subdivision.needs. A California court <br />disapproved. a drainage fee of $99.07 per lot because the fees <br />were to be used for general city improvements.99 However, a <br /> <br />second California court approved a fee of $50,000 for a sub- <br /> <br /> <br />division where the fee was to be used by the municipality to <br /> <br /> <br />construct a drainage ditch to serve the subdivision.lOO In <br /> <br />other contexts some courts have approved fee requirements in <br /> <br />lieu of construction ofse,~er systems or dedication of parR <br /> <br /> <br />space.101 Like the California court sustaining the $50,000 <br /> <br />. , <br />exaction, these courts have usually sustained <br /> <br />exactions 'wnen <br /> <br />the fees wexedesignedto pay for costs uniquely attributable <br />to the subdivision. A.comprehensive California statute spells <br />out procedures for assessing drainage fees uniquely .related to <br />bd' ,. 'd 102 <br />su 1V1S10n nee s. <br /> <br />.for <br /> <br />342.20 Requirements/'Parks and Park Space <br /> <br /> <br />Often the preservation of flood plain and drainag~ <br /> <br /> <br />areas as open space within a subdivision can serve dual objec-. <br /> <br /> <br />.tives of reducing flood losses and providing recreation areas. <br /> <br /> <br />Infrequent flooding of an area will not seriously disturb park <br /> <br /> <br />or recreation use. Planning board requirements that flOoded <br /> <br />areas be preserved as open spaces may be strengthened against <br /> <br />legal attack by dual objectives. For example, a landowner may <br />argue with some persuasiveness that he should not be required <br />to preserve a wide flood plain to pas.s flood flows generated by <br />lands throughout the municipality. Courts in other contexts <br />