JMRPWG agenda 032499 - Laserfiche WebLink

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Draft 3 / 24/ 99 1 ) Maintain present recreation land use ordinance requirements and payment in lieu presently used by each jurisdiction . 2 ) Continue to rely on these requirements and payment in lieu of process, but standardize them for all jurisdictions within the County . 3 ) Continue to maintain either 1 ) or 2 ) above and create an additional tier of a " Recreation Facilities Fee " which generates additional funds to be used for the public park system throughout Orange County , 4 ) Eliminate the present recreation requirements and payment in lieu option in each Land Use Ordinance and rely on a " Recreation Facilities Fee " levied to new subdivisions to aid in the acquisition and development of all park systems throughout Orange County . It must be noted that any of the above methods are only an assistance to provide adequate funding to bring the park systems of Orange County to where they need to be . No one method exists in the area of subdivision growth to supplant the need for general tax funds and bond referendums as the major financing mechanism to provide adequate park land and facilities throughout Orange County . Dedication and Payment Provisions Population growth over the past thirty years has forced a reassessment of the traditional means of acquiring public park and recreation areas , items they are statutorily mandated to provide . Increasing pressures on funds generated from traditional property tax levy and bond referendums have challenged fundamental ideas on paying for parks and recreation, encouraging public officials to consider alternatives . A more recent tool has been the inclusion of a payment in lieu of process under this same general statutory power . The payment in lieu of process — payment in lieu of providing private recreation facilities or required dedication by of land — has been confused with impact fees . If the developer is provided the option to meet the particular jurisdiction ' s requirements or make some commiserate payment in lieu of doing so , the jurisdiction is empowered to accept the payment under its existing statutory powers . All jurisdictions accept payment in lieu on a similar, if not exact, basis . In contrast, an impact fee is a cash payment based on the impact created by a development to a particular service and requires special enabling legislation. There must be exhibited a strong correlation showing the ( 1 ) actual need created by the impact of the development and (2) benefits provided to the particular isi subdivon. 22