Loading...
6.3   FEE-IN-LIEU
6.3.1.   Purpose
The purpose for this section is to establish a procedure and standards for instances where an applicant and the Town agree that a payment-in-lieu of dedication or construction of infrastructure by the applicant is appropriate and in closer alignment with the Town's adopted policy guidance of capital improvement program.
6.3.2.   Procedure
   A.   Required by Town.
      1.   In cases where the Planning Director determines that installation of a required sidewalk, greenway, bikeway, or other roadway improvement could conflict with another Town, State, or federal infrastructure project that is planned or programmed to begin construction within five years, the applicant or developer shall be required to submit a fee in-lieu of the required infrastructure element(s).
      2.   Notification of the requirement for provision of a fee-in-lieu shall be in writing, and shall be delivered to the applicant or developer prior to the notice of decision on the associated application.
      3.   Upon receipt of notification, and applicant shall provide the required fee-in-lieu in accordance with Section 6.3.2.B.4, Acceptance of Fee-in-Lieu.
      4.   In the event the conflict necessitating the fee-in-lieu is eliminated prior to final approval, the fee-in-lieu shall be refunded and the applicant or developer
shall be required to dedicate the required land or perform the required installation. The developer or applicant may request the Town retain the funds in accordance with Section 6.3.2.B, Requested By Applicant.
   B.   Requested by Applicant. In cases where an applicant or developer desires to receive final approval of development under this Ordinance without providing land or infrastructure as required, the process for requesting such approval shall be in accordance with this section.
      1.   File Request.
         a.   An applicant seeking the ability to provide a fee-in-lieu of making a required dedication or constructing required infrastructure shall file a written request with the Planning Director prior to the rendering of a decision on the associated application by the appropriate review authority (see Table 2.2, Application Review Procedures).
         b.   The request shall include the reasons for the request, the rationale why a fee-in-lieu is in closer alignment with the Town's adopted policy guidance, and the estimated value of the land that would otherwise be dedicated or the estimated cost of completion of the infrastructure in question, based on current unit prices.
      2.   Staff Review.
         a.   Upon receipt of the request, the Planning Director shall review the information and notify the applicant if the information provided is sufficient.
         b.   The Planning Director shall forward the request along with any supporting information provided by Town staff to the Technical Review Committee in the event the TRC wishes to consider the request.
      3.   Decision by Planning Director.
         a.   The Planning Director shall decide the request in accordance with the Town's adopted policy guidance and Section 6.3.4, Review Standards for Fee-ln-Lieu.
         b.   The decision shall be to either accept the request for provision of fee-in-lieu as offered, accept a modified request for provision of fee-in-lieu, or deny the request for provision of fee-in-lieu.
      4.   Acceptance of Fee-in-Lieu.
         a.   In cases where a fee-in-lieu is required by the Town or a request for provision of a fee-in-lieu is accepted by the Planning Director, payment of a fee-in-lieu shall take place prior to the approval of a final plat or issuance of the final approval associated with the subdivision.
         b.   All fees collected by the Town pursuant to this section shall be deposited in Town's revolving fund for purchase of recreation land, installation of vegetation, or installation of required infrastructure (whether streets, sidewalks, bikeways, or other infrastructure, as appropriate).
         c.   Use of funds collected in accordance with this section shall only take place in the general vicinity of where funds are collected and may only be used for the purchase of in-kind lands or the same type of infrastructure in accordance with all applicable State and federal law.
         d.   The Planning Director shall maintain records of the amounts collected, the timing, and the location, which shall be used by the Town as part of its capital facilities program.
(Ord. 2020-36, passed 12-2-2019)
6.3.3.   Amount
   A.   Land.
      1.   The fee-in-lieu shall be calculated based upon the total acreage of land required for dedication.
      2.   The land's assessed value (as determined by the Wake County Tax Assessor) following subdivision shall be used to arrive at the required payment-in-lieu amount.
   B.   Infrastructure.
      1.   The amount of fee-in-lieu shall be based on an estimate by a professional engineer licensed by the State of North Carolina.
      2.   The estimate shall include the cost of all materials and labor based on current unit prices.
      3.   Nothing shall prevent the Planning Director from acquiring an additional estimate for the same infrastructure from another professional engineer licensed by the State of North Carolina.
      4.   The Planning Director may select the estimate that will form the basis for the fee-in-lieu payment.
   C.   Vegetation. In cases where a fee-in-lieu is proposed for the installation of vegetation, the fee amount shall be based upon the unit price of the vegetation along with all associated labor, transportation, and incidental costs such as ground cover, staking, and fertilizer, but not irrigation.
(Ord. 2020-36, passed 12-2-2019)
6.3.4.   Review Standards for Fee-in-Lieu
In determining whether to accept a request for payment of fee-in-lieu, the Planning Director may rely on any of the following review criteria.
   A.   Park Land.
      1.   There is sufficient public park land in proximity to the proposed development based on a review of the Town's adopted policy guidance and information from Town staff;
      2.   Private common open space resources provided on the subject site will be available for public use and will mitigate park land needs created by the proposed development;
      3.   Collected funds could be utilized to further improve an existing park facility in a proximate location;
      4.   The topography or other natural conditions of the site do not provide adequate opportunities for on-site recreation and park areas;
      5.   The amount of park land to be dedicated is too small to provide adequate recreation and park opportunities or to be efficiently maintained;
      6.   The intended location of the park land is too far from existing recreation and park areas to be efficiently maintained; or
      7.   Adequate access is not available to the proposed park land.
   B.   Greenway Land.
      1.   The conditions on the land make installation or operation of a greenway segment impossible or cost prohibitive for the Town;
      2.   The potential for the connection of a proposed greenway segment to the Town's greenway network is unlikely within the foreseeable future, in the opinion of Town staff; or
      3.   There are suitable alternatives to a greenway segment, such as a multi-purpose trail, in close proximity to the proposed site.
   C.   Streets.
      1.   The proposed street alignment creates a unacceptable environmental impact; or
      2.   The proposed street is impossible or impractical to build based on topography, slope, soil conditions, or development patterns on adjacent lands.
   D.   Sidewalks.
      1.   The potential for the connection of a proposed sidewalk segment to the Town's sidewalk network is unlikely within the foreseeable future, in the opinion of Town staff; or
      2.   There are suitable alternatives to a sidewalk, such as a greenway, in close proximity to the proposed site.
   E.   Vegetation.
      1.   The proposed location of vegetation will not support healthy vegetation due to shading or topographic conditions
      2.   The site where vegetation is proposed is incapable of supporting additional vegetation due to the presence of exiting vegetation, buildings, or impervious surfaces.
(Ord. 2020-36, passed 12-2-2019)
6.4.   GREENWAYS
6.4.1.   Required Greenway Dedication and Construction
   A.   Whenever a tract of land included within any proposed subdivision, site plan, or planned development master plan includes any part of a greenway designated in the Town's Greenway Plan or other adopted policy guidance, the greenway shall be platted and dedicated to the Town as a greenway easement.
   B.   Greenways shall be constructed as part of the required infrastructure serving a site or a subdivision.
(Ord. 2020-36, passed 12-2-2019)
Loading...