(A) Funds for Dwelling Units Requiring Subdivision Plan Approval
If land to be dedicated does not meet the requirements of Section 8.2.1 of this Ordinance, or is not suitable for public recreation purposes, or if the recreational needs of the proposed development can be met by other park, greenway, or recreational facilities planned or constructed by the Town within reasonable proximity to the development, or if existing park land is adequate to serve the development, a payment or partial payment of funds ("subdivision recreation fund payment") in lieu of a land dedication shall be made. Recommendations regarding payment of funds in lieu of a dedication of land will be made by the Town at the time of development plan approval, or master land use plan approval in the case of a Planned Development, or as part of the preliminary development plan for a Mixed Use District.
(1) Amount of Payment
(a) Where the payment of funds to the Town is to be made in lieu of dedication of land as permitted by this section, the amount of such subdivision recreation fund payment shall be based on the value of the development or subdivision for property tax purposes pursuant to G.S. 160D-804(d). For the purpose of determining such value of the development or subdivision, the Town shall obtain a current written appraisal of the fair market value of the land to be developed or subdivided. For the purpose of this Section 8.2.2, "fair market value" means the value of the development or subdivision for property tax purposes.
(b) Each appraisal shall be performed by a North Carolina licensed real estate appraiser.
(c) The Parks, Recreation and Cultural Resources Director may waive the requirement of an appraisal where the subdivider/developer provides to the Town documentation evidencing the fair market value of the subject property, which in the opinion of the Parks, Recreation and Cultural Resources Director, reasonably estimates the fair market value.
(d) The appraisal or documentation of the land's fair market value, along with other evidence that, in the Town's opinion, aids in the determination of fair market value, may be used in the determination of the amount of any payment in lieu of land dedication permitted by this section.
(e) The Director of Parks, Recreation, and Cultural Resources shall make the final determination of the payment amount.
(2) Procedure for Approval
The payment of subdivision recreation funds, in lieu of land dedication, shall be approved as part of, or prior to, approval of the development plan or, in the case of Planned Development, the master land use plan or, in the case of a Mixed Use District, the preliminary development plan. Upon receipt of the application to make a subdivision recreation fund payment, the Planning Director shall submit a copy thereof to the Director of Parks, Recreation and Cultural Resources for review by the Parks, Recreation and Cultural Resources Advisory Board. In the event of a dispute between an applicant who wants to make a subdivision recreation fund payment and a recommendation by the Parks, Recreation and Cultural Resources Advisory Board that land shall be dedicated, the Town Council shall make the final determination. A combination of partial payment of funds and partial dedication of land (pursuant to Section 8.2.1(C) through (F), as applicable), may be required if the Town Council determines that this combination is in the best interest of the citizens of the area to be served.
(3) Time of Payment
The subdivision recreation fund payment shall be made prior to recording any lot(s) in the subdivision to which the fees relate. Payment may be phased in accordance with a phasing plan approved as part of the approved development plan.
(4) Appeal of Payment Amount
Appeal of the subdivision recreation fund payment amount shall be made to the Zoning Board of Adjustment in accordance with Section 3.21 of this Ordinance.
(B) Funds for Multi-Family Dwelling Units Not Requiring Subdivision Plan Approval
Pursuant to N.C. Session Law 2007-321, developers of multi-family dwelling units not requiring subdivision plan approval shall provide funds ("multi-family recreation fund payment") whereby the town may acquire recreational land or areas to serve the development or more than one (1) multifamily development or residential subdivision, except where dedication of land is approved pursuant to this Section 8.2.2(B). Such funds may be combined with funds received from residential subdivisions pursuant to Section 8.2.2(A) of this Ordinance and used for the acquisition or development of recreation, park or open space sites.
(1) Amount of Payment
(a) The developer shall pay a multi-family recreation fund payment for each dwelling unit. The multi-family recreation fund payment shall be equal to sixty-five percent (65%) of the five (5)-year rolling average subdivision recreation fund payment per dwelling unit. The five (5)-year rolling average subdivision recreation fund payment per dwelling unit shall be calculated by (1) determining the subdivision recreation fund payments assessed for the previous five (5) calendar years; (2) for each subdivision that was assessed a payment during that time period, determining the cost per dwelling unit of such payment; and (3) calculating the average of each such per dwelling unit payment.
(b) A combination of partial payment of funds and partial dedication of land pursuant to Section 8.2.1 (C) through (F) of this Ordinance, as applicable, may be required if the Town Council determines that this combination is in the best interest of the citizens of the area to be served. Land to be dedicated to the Town in lieu of payment of funds shall be in an amount equal to one-fifty-fifth (1/55) of an acre for each dwelling unit for which dedication is to be made in lieu of fund payment, except that land that lies within a FEMA one hundred (100) year floodplain, wetlands, regulated stream buffers or that has slopes greater than fifteen (15) percent shall be dedicated at a rate of at least one-fortieth (1/40) of an acre per dwelling unit.
(2) Time of Payment
The multi-family recreation fund payment shall be made in accordance with an approved phasing plan, or prior to the issuance of the first Building Permit if there is no approved phasing plan.
(3) Appeal of Payment Amount
Appeal of the multifamily recreation fund payment amount shall be made to the Zoning Board of Adjustment in accordance with Section 3.21 of this Ordinance.
(Ord. No. 04-001, 1-8-04; Ord. No. 05-001, 1-13-05; Ord. No. 06-009, 4-27-06; Ord. No. 2007-04, 3-22-07; Ord. No. 2007-21, 12-13-07; Ord. No. 2008-LDO-01, 9-25-08; Ord. No. 2010-LDO-05, 12-16-10; Ord. No. 2012-LDO-05, 6-14-12; Ord. No. 2013-LDO-02, 6-13-13; Ord. No. 2014-LDO-01, 1-9-14; Ord. No. 2014-LDO-03, 8-14-14; Ord. No. 2017-LDO-01, 1-24-17; Ord. No. 2018-LDO-01, 5-3-18; Ord. No. 2020-LDO-01, 5-7-20; Ord. No. 2021-LDO-01, 6-24-21; Ord. No. 2022-LDO-02, 4-28-22; Ord. No. 2022-LDO-03, 10-27-22)