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Draft <br /> 3/ 24/ 99 <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 being <br /> the developers . The formulas can be set - up in such a way , however , <br /> 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 the <br /> county whereby the county may acquire recreational land or areas to serve the <br /> development or subdivision, including the purchase of land which may be used to serve <br /> more than one subdivision or development within the immediate area. <br /> § 160A - 372 - City/Town Subdivision Ordinance Provision providing for <br /> dedication / Payment - In - lieu <br /> The ordinance may provide that a developer may provide funds to the city whereby the <br /> city may acquire 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. All funds received by the city pursuant to this <br /> paragraph shall be used only for the acquisition or development of recreation, park, or <br /> open space sites. Any formula enacted to determine the amount of funds that are to be <br /> provided under this paragraph shall be based on the value of the development or <br /> subdivision for property tax purposes. The ordinance may allow a combination or <br /> partial payment of funds and partial dedication of land when the governing body of the <br /> city determines that this combination is in the best interests of the citizens of the area to <br /> be served. <br /> 23 <br />