8.1.3 Payments of Fees in Lieu of Land Dedication

Intro

8.1.3 Payments of Fees in Lieu of Land Dedication

(A) General

The payment of fees, in lieu of the dedication of land under Section 8.1.2 above, may occur at the request of the subdivider or developer. The payment of fees in lieu of land dedication also may be required by the Town Council at the time of preliminary plat approval, or master land use plan approval in the case of a Planned Development, upon finding that all or part of the land required to be dedicated under Section 8.1.2 is not suitable for public recreation and open space purposes, or upon finding that 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 upon finding that existing park land is adequate to serve the development.

(B) Procedure for Approval

The payment of such fees in lieu of land dedication shall be reviewed and approved as part of the preliminary plat or, in the case of Planned Development, the master land use plan. Any subdivider or developer wishing to make such payment shall attach to the application for preliminary plat approval, or the application for approval of the master land use plan for a Planned Development, a letter requesting the payment of fees in lieu of land dedication. Upon receipt of the preliminary subdivision plat or the master land use plan, the Planning Director shall submit a copy thereof, along with the letter, to the Director of Parks, Recreation and Cultural Resources for review by the Parks, Recreation and Cultural Resources Advisory Board. The Parks, Recreation and Cultural Resources Board shall submit any and all recommendations concerning the payment of fees in lieu of dedication to the Planning and Zoning Board. In the event of a dispute between an applicant who wants to make payment in lieu, and a recommendation by the Parks, Recreation and Cultural Resources Board that facilities should be provided, the Town Council shall make the final determination.

The fees in lieu of dedication shall be paid prior to recording any lot(s) in the subdivision to which the fees relate.

(D) Amount of Payment

(1) Where the payment of cash to the Town is to be made in lieu of dedication of land as permitted by this section, the subdivider/developer shall provide to the Town, at the subdivider/developer’s cost/expense, a current written appraisal of the fair market value of the land to be annexed, zoned, platted, or developed, as the case may be.

(2) Each appraisal shall be performed by a North Carolina licensed real estate appraiser.

(3) 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 land’s fair market value.

(4) 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.

(5) Nothing in this section shall limit or preclude the Town Council from requiring a written appraisal notwithstanding a waiver of the appraisal requirement granted by the Parks, Recreation and Cultural Resources Director.

(E) Disagreements As To Amount

In the case of disagreement between the Town and the applicant regarding the fair market value of the property, such determination shall be made by a special appraisal committee consisting of one professional appraiser appointed by the Town Manager, one professional appraiser appointed by the applicant, and one professional appraiser appointed by the first two committee appointees. This committee shall view the land and hear the contentions of both the Town and the applicant. The findings of the committee shall be by a majority vote and shall be certified to the Town Council in writing within 30 days of the date the third member is appointed to the committee. The costs of the appraiser appointed by the applicant shall be borne entirely by the applicant; the Town shall bear all other costs associated with the committee.

(F) Use of Funds

All monies received by the Town pursuant to this section shall be used only for the acquisition or development of parks, greenways, open space sites, and related facilities, and in accordance with Policy Statement No. 65 (Recreation Payment-in-Lieu Funds for Parks and Greenways), as may be amended from time to time by the Town Council.

Cary, NC Land Development Ordinance On-line VIC Version - This site last updated 3/4/2008

Note: This is not the official version of the Cary Land Development Ordinance