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5/26/99 34 <br />D. Difficulties with Payment -in -Lieu Programs <br />In reviewing payment -in -lieu programs, the Work Group heard from <br />local practitioners, attorneys, and an expert from the Institute of <br />Government. It Is clear that several difficulties exist in effectively <br />providing recreation facilities using payment -in -lieu programs. Both <br />Carrboro and Orange County have funds that remain to be matched <br />and spent. Chapel Hill has consistently used its fund, yet the same <br />restrictions do not necessarily apply since its system of individual <br />negotiations does not fit under the definition of a payment -in -lieu <br />program. Several problems with the current systems are highlighted <br />below, and proposals for changes to the means of providing and <br />funding recreation lands will be suggested in Section VII, the <br />recommendations section of this report. <br />Difficulties <br />• Payment -in -lieu is not Intended to fund facilities of <br />countywide significance <br />• Fees must be geographically earmarked and spent on areas <br />within the immediate area <br />• Fees must be spent within a reasonable period of time <br />• Fees must be supplemented with matching funds for use <br />The requirements for the distribution of payment -in -lieu fees <br />complicate potential solutions that would pool funds and Inter - <br />jurisdictional cooperation.' In order for any of these ventures to occur, <br />an analysis of park use as related to population growth and location <br />may be needed, helping to prove the requisite "reasonable <br />relationship" between the collected fee and benefited populace. <br />Through its special legislation, Orange County may be able to re -draw <br />districts to potentially address these problems. <br />E. Comparison with. Other Programs Regionally and <br />Nationally <br />Understanding our difficulties with payment -in -lieu and exactions will <br />enable us to also search for better solutions. In order to gain a clearer <br />picture of regional, state, and national trends regarding land <br />regulatory policies .for parkland acquisition, we must look to examples <br />of different jurisdictions experiences., The table below highlights <br />jurisdictions within our region, state, and other states. <br />32 <br />