Key legal question
Whether the increased use permitted by the development plan must be included when allocating perimeter contributions among landowners.
Extracted holding
Yes. When a development plan generally increases permitted use, contribution allocation must be based on the plan’s actual use potential, not only on the zoning plan’s utilization ratio.
Extracted reasoning
The benefit principle under the planning law requires contributions to reflect the advantages actually created. Because the parcels could exploit additional use under the development plan, the zoning-plan utilization figures would understate the benefit. Attic floors allowed by the plan also created extra use potential that had to be counted.