Agenda - 02-26-1996 - 5a - Laserfiche WebLink

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At the Board of Commissioners June 26, 1995 meeting, a status report was presented concerning Concept Plans approved in the Stoney Creek basin area. The Board directed staff to study the dedication/payment-in-lieu provisions of the Subdivision Regulations and prepare amendments, if needed, for public hearing. At its December 9, 1995 goal-setting retreat, the Board of Commissioners reiterated its desire to have the provisions addressed as soon as possible. This report identifies the statutory basis for enacting such provisions, the origins of the current standards, concerns about the application of the standards, and changes through which to address those concerns. Enabling Legislation Authorization to enact dedication/payment-in-lieu provisions through Subdivision Regulations is contained in G.S. 153A-331. On June 10, 1991, the General Assembly approved a local act (Senate Bill 623, Chapter 246) which permitted Orange County to define immediate (service) areas in terms of the Master Recreation & Parks Plan. Also of significance was the provision which permitted the County to acquire and develop recreational areas using payment-in-lieu funds. The provisions of that statute, including those contained in the local act, are listed below, with pertinent sections highlighted in boldface type. G.S. 153A-331. Contents and requirements of ordinance A subdivision ordinance may provide for the orderly growth and development of the county;for the coordination of streets and highways within proposed subdivisions with existing planned streets and highways and with other public facilities; for the dedication or reservation of recreation areas serving residents of the subdivision and residents of the immediate area within which the subdivision is located, and of rights-of-way or easements for street and utility purposes including the dedication of rights-of-way pursuant to G.S. 13666.10 or G.S. 136.6611; and for the distribution of population and traffic in a manner that will avoid congestion and overcrowding and will create conditions essential to public health, safety, and the general welfare. The ordinance may include requirements that the final plat show sufficient data to determine readily and reproduce accurately on the ground the location, bearing, and length of every street and alley line, lot line, easement boundary line, and other property boundaries, including the radius and other data for curved property lines, to an appropriate accuracy and in conformity with good surveying practice. A subdivision control ordinance may provide that a developer may be required to provide funds to the county whereby the county may acquire and develop recreational land or areas to serve the development or subdivision, including the purchase of land which may be used to serve more than one subdivision or development within the immediate area A subdivision control ordinance may define immediate area by reference to a comprehensive system.of parks and recreation areas within the county. Current Dedication/Payment-In-Lieu Provisions Orange County's current dedication/payment-in-lieu provisions were initially adopted by the Board of Commissioners on August 4, 1986 as Section IV-B-7-b, Recreation Sites, of the