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116 <br /> preliminary and final plat (s) of the subdivision. The <br /> land must be dedicated to an appropriate unit of local <br /> government as publicly--owned and maintained; provided, <br /> however , recreation areas so dedicated shall be <br /> subject to acceptance by the unit of local government . <br /> Determination of the appropriate unit of local <br /> government shall be made by the Board of <br /> Commissioners , upon recommendation from <br /> the Recreation and Parks Advisory Council and the <br /> Planning Board. <br /> Land provided for private recreation purposes must be <br /> conveyed to the trustees provided in an indenture <br /> establishing an association of homeowners. The <br /> recreation area must be conveyed to the trustees <br /> subject to covenants and easements to be approved <br /> by the Planning Board and Board of Commissioners <br /> and which provide for the continued maintenance <br /> and control of the recreation area in a manner <br /> which assures its continuing use for its intended <br /> purpose. Where the recreation area is conveyed to a <br /> homeowners association, the subdivider shall file a <br /> declaration of covenants and restrictions in <br /> accordance with the provisions of Section V of this <br /> ordinance. <br /> IV-B-7-b-6. Eaymenia_in,-Liau...a_Dadiaatian <br /> Any subdivider required to dedicate recreation area <br /> pursuant to this Ordinance may, with the approval of <br /> the Board of Commissioners , make a payment in lieu of <br /> dedication or make a combination of land dedication <br /> and payment . Before approving a payment in lieu of <br /> dedication, the Board of Commissioners shall find that <br /> no recreation and/or open space sites have been <br /> designated on the Land Use Plan for the property in <br /> question. <br /> A payment in lieu of dedication shall equal the number <br /> of acres required to be dedicated multiplied by the <br /> fair market value of the land to be dedicated. Fair <br /> market value shall be determined by dividing the tax <br /> appraisal of the property at last re-evaluation <br /> by the current year assessment ratio. <br /> Upon approval by the Board of Commissioners , payment <br /> in lieu of dedication shall be made at the time of <br /> final subdivision plan approval or within one (1 ) <br /> year of approval of the preliminary subdivision plan , <br /> whichever occurs first . All monies received by Orange <br /> County pursuant to these requirements shall be used <br /> only for the acquisition and/or development of <br /> recreation, park and/or open space sites . <br />