59-D-2.31. Procedure - Payment instead of providing public use space, or public facilities and amenities on-site.

The Planning Board may approve a payment instead of any required public use space, public facilities, or amenities on-site if the payment satisfies the following conditions:

   (a)   Any payment accepted for public use space must be sufficient to secure an equivalent amount of improved public use space off-site.  The amount of any payment accepted for public facilities and amenities must be not less than the cost of constructing an equal amount of the public facilities and amenities on-site.  The Planning Board must issue guidelines to implement this Section and notify the Council of those guidelines as if the guidelines were regulations adopted under method 3 of Section 2A-15.

   (b)   Any payment must be submitted to the Planning Board within 30 days after any building permit for the applicable development is issued.

   (c)   Any funds received instead of on-site public use space must be used to implement:

      (1)   any public use space and improvement to that space identified in the applicable master plan or sector plan; or

      (2)   other space and improvements to that space that the Planning Board finds to be consistent with the goals of the applicable master plan or sector plan if the Planning Board adopts a list of such possible spaces and improvements and notifies the Council of that list as if the list were regulations adopted under method 3 of Section 2A-15.

   (d)   Any funds received instead of on-site facilities and amenities must be used to implement:

      (1)   any public facilities and amenities identified in the applicable master plan or sector plan, or if such facilities are fully funded or not identified, then;

      (2)   other space or improvement that the Planning Board finds consistent with the goals of the applicable master plan or sector plan.

   (e)   Any funds received under this Section may be used by the Planning Board to:

      (1)   repay the Advanced Land Acquisition Fund for buying land used for a park;

      (2)   fund a new capital improvement project; or

      (3)   fund an expansion or completion of an existing capital improvement project.

   (f)   If a specific improvement is funded by a payment under this Section, but is not fully funded by the initial payment, any future payments made by any development in the same master or sector plan area must be allocated to fund that improvement until the improvement is fully funded.

(Legislative History: Ord. No. 15-09, § 1; Ord. 16-18, § 5.)