(A) When the Board of Commissioners determines, upon the recommendation of the town’s Parks and Recreation Director, that:
(1) The recreational facilities of a development required by this section to establish recreational facilities could also be adequately met by public recreational facilities constructed on town property that are located close enough to such development to reasonably serve its residents; and
(2) Allowing a payment in-lieu of requiring on-site recreational facilities is in the best interests of the citizens in the area be served, then the Board of Commissioners may, but is not required to, authorize the developer to pay a fee to the town’s recreation fund in lieu of providing some or all required recreational facilities. For the purposes of this section, TOWN PROPERTY means property that is owned by the town or under the long-term control of the town through a lease or other agreement or that the town has made plans to acquire or place under the long-term control of the town within a reasonable time.
(B) The minimum amount of fee paid under this section shall be determined by multiplying the acreage of recreational facilities that would otherwise be required of the development by the dollar value per acre established in the town’s miscellaneous fees and charges schedule. However, nothing herein shall prevent the developer from paying a fee that exceeds the minimum fee established herein, and the town’s willingness to allow a payment of fees in lieu of the on-site provision of recreational facilities may depend upon the developer’s agreement to pay fees in excess of the minimum.
(C) With respect to any development that is authorized by this section to pay a fee in lieu of providing some or all of the required recreational facilities, no use may be commenced, lot sold, or building occupied unless the fee has been paid. If a development is intended to be sold or occupied on a phase-by-phase basis, payment of the fee relating to each phase must first be made.
(Ord. passed 12-20-2001) Penalty, see § 152.999