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Draft <br /> 3 /24/99 <br /> recreation, encouraging public officials to consider alternatives . A more recent tool has <br /> been the inclusion of a payment in lieu of process under this same general statutory <br /> power . The payment in lieu of process — payment in lieu of providing private recreation <br /> facilities or required dedication by of land — has been confused with impact fees . If the <br /> developer is provided the option to meet the particular jurisdiction ' s requirements or <br /> make some commiserate payment in lieu of doing so , the jurisdiction is empowered to <br /> accept the payment under its existing statutory powers . All jurisdictions accept payment <br /> in lieu on a similar, if not exact, basis . In contrast, an impact fee is a cash payment based <br /> on the impact created by a development to a particular service and requires special <br /> enabling legislation. There must be exhibited a strong correlation showing the ( 1 ) actual <br /> need created by the impact of the development and (2) benefits provided to the particular <br /> subdivision . <br /> Currently, state ordinances limit the spending of the money gathered through the <br /> payment in lieu option to the immediate area. A switch to an impact fee would . . . <br /> • Allow the money to be pooled and serve a larger area. <br /> • Would provide for greater planning and control for the positioning and <br /> infrastructure of the parks. <br /> But . . . <br /> • It would become integral to show a direct benefit to those from whom the fee <br /> is gathered. <br /> • Who actually uses parks ? - must have a defensible answer <br /> • A change to an impact fee structure would take a lot of initial work to <br /> develop and implement. <br /> • Would also require enabling legislation. <br /> State Ordinances <br /> Below are the corresponding state provisions for counties and <br /> cities/towns to require either dedication or Payment- in - Lieu to <br /> subdivision developers . Both ordinances restrict the use of the <br /> land /funds for the immediate area . Also , both refer to the option <br /> being the developers . The formulas can be set- up in such a way , <br /> however , to make one option more attractive . <br /> § 153A- 331 , County Subdivision Ordinance Provision providing for <br /> dedication /Payment- In - lieu <br /> A subdivision control ordinance may provide that a developer may provide funds to <br /> the county whereby the county may acquire recreational land or areas to serve the <br /> 25 <br />