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3 <br /> MEMORANDUM: <br /> TO: ORANGE COUNTY BOARD OF COMMISSIONERS <br /> JOHN LINK, COUNTY MANAGER <br /> GEOFFREY GLEDHIL4 COUNTY ATTORNEY <br /> FROM: MARVIN COLLINS,PLANNING DIRECTOR <br /> DATE: JANUARY 11, 1996 <br /> SUBJECT: REPORT- DEDICATION/PAYMENT-IN-LIEU PROVISIONS <br /> COPIES: BOB JONES,RECREATION & PARKS DIRECTOR <br /> At the Board of Commissioners June 26, 1995 meeting, a status report was presented concerning <br /> Concept Plans approved in the Stoney Creek basin area. The Board directed staff to study the <br /> dedication/payment-in-lieu provisions of the Subdivision Regulations and prepare amendments, if <br /> needed, for public hearing. At its December 9, 1995 goal-setting retreat, the Board of <br /> Commissioners reiterated its desire to have the provisions addressed as soon as possible. This <br /> report identifies the statutory basis for enacting such provisions, the origins of the current <br /> standards, and concerns about the application of the standards. If the Board wishes to proceed <br /> with amendments to the provisions, the Board could utilize the following schedule: <br /> • February 5, 1996 Board of Commissioners considers notice of public hearing. <br /> • February 6, 1996 Recreation&Parks Advisory Council receives report on proposal <br /> • February 19, 1996 Planning Board receives report on proposal <br /> • February 26, 1996 Public hearing conducted <br /> • March 5, 1996 Recreation&Parks Advisory Council prepares recommendation <br /> • March 18, 1996 Planning Board prepares recommendation <br /> • April 1, 1996 Board of Commissioners considers proposal for decision <br /> Changes through which to address the concerns identified in this report will be addressed in a <br /> separate memorandum to be distributed to the Board. <br /> Enabling Legislation <br /> Authorization to enact dedication/payment-in-lieu provisions through Subdivision Regulations is <br /> contained in G.S. 153A-331. On June 10, 1991, the General Assembly approved a local act <br /> (Senate Bill 623, Chapter 246) which permitted Orange County to define immediate (service) <br /> areas in terms of the Master Recreation & Parks Plan. Also of significance was the provision <br /> which permitted the County to acquire and develop recreational areas using payment-in-lieu <br /> funds. The provisions of that statute, including those contained in the local act, are listed below, <br /> with pertinent sections highlighted in boldface type. <br />