Orange County NC Website
4 <br /> G.9 153A-331. Contents and requirements of ordinances <br /> A subdivision ordinance may provide for the orderly growth and development of the county;for <br /> the coordination of streets and highways within proposed subdivisions with existing planned <br /> streets and highways and with other public facilities, for the dedication or reservation of <br /> recreation areas serving residents of the subdivision and residents of the immediate area <br /> within which the subdivision is located, and of rights-of-way or easements for street and utility <br /> purposes including the dedication of rights-of-way pursuant to G . 136.66.10 or G.S. <br /> 136.66.11; and for the distribution of population and traffic in a manner that will avoid <br /> congestion and overcrowding and will create conditions essential to public health, safety, and <br /> the general welfare. The ordinance may include requirements that the final plat show sufficient <br /> data to determine readily and reproduce accurately on the ground the location, bearing, and <br /> length of every street and alley line, lot line, easement boundary line, and other property <br /> boundaries, including the radius and other data for curved property lines, to an appropriate <br /> accuracy and in conformity with good surveying practice. A subdivision control ordinance may <br /> provide that a developer may be required to provide funds to the county whereby the county <br /> may acquire and develop recreational land or areas to serve the development or subdivision, <br /> including the purchase of land which may be used to serve more than one subdivision or <br /> development within the immediate area. A subdivision control ordinance may define <br /> immediate area by reference to a comprehensive system of parks and recreation areas within <br /> the county. <br /> Dedication/Payment-In-Lieu Provisions <br /> Orange County's dedication/payment-in-lieu provisions were initially adopted by the Board of <br /> Commissioners on August 4, 1986 as Section IV-B-7-b, Recreation Sites, of the Subdivision <br /> Regulations. Section IV-V-7-b-6 requires that a payment-in-lieu be equal to the number of acres <br /> required to be dedicated multiplied by the fair market value of the land to be dedicated. Because <br /> of the linkage between "dedication" and "payment-in-lieu", the derivation of each element is <br /> discussed below. <br /> Dedication Formula <br /> Orange County's formula for the amount of land to be dedicated is contained in Section IV-B-7- <br /> b-2. <br /> At least one thirty-fifth (1135) of an acre shall be dedicated for each dwelling unit planned or <br /> provided for in the subdivision plan, except where land is located in the floodplain of a stream <br /> or river as indicated by the floodplain maps of the Federal Insurance Administration and/or is <br /> characterized by steep slopes (15% or greater), then at least one twentieth (1120) of an acre of <br /> such land shall be dedicated for each dwelling unit. <br /> Origin. The above formula was derived in part from the dedication/payment-in-lieu provisions of <br /> the Town of Cary, particularly the latter portion requiring a higher proportion of land dedication <br />