Orange County NC Website
2 <br /> 4 . Local government may either require dedication of land for <br /> acceptance by a public agency or allow or require the <br /> conveyance of land by the subdivider to a property <br /> owners ' association or other private entity . <br /> Be Fees in lieu --developer pays a fee related to the cost incurred by <br /> the governmental unit when it purchases land of the type it <br /> could have required the developer to dedicate <br /> 1 . As a condition of subdivision plat approval <br /> City : Ordinance " may provide that a developer may <br /> provide funds to the city whereby the city may <br /> acquire recreational land or areas to serve the <br /> development or subdivision , including the purchase <br /> of land which may be used to serve more than one <br /> subdivision or development within the immediate <br /> area . All funds received by the city pursuant to this <br /> paragraph shall be used only for the acquisition or <br /> development of recreation , park , or open space <br /> sites . Any formula enacted to determine the amount <br /> of funds that are to be provided under this paragraph <br /> shall be based on the value of the development or <br /> subdivision for property tax purposes . The <br /> ordinance may allow a combination or partial <br /> payment of funds and partial dedication of land when <br /> the governing body of the city determines that this <br /> combination is in the best interests of the citizens of <br /> the area to be served . " <br /> County : Ordinance " may provide that a developer may <br /> provide funds to the county whereby the county may <br /> acquire recreational land or areas to serve the <br /> development or subdivision , including the purchase <br /> of land which may be used to serve more than one <br /> subdivision or development within the immediate <br /> area . " <br /> 2 . Although unclear on this point , language of both city and <br /> county statutes suggests that the choice whether to dedicate <br /> land or pay fees is to be made by the developer . <br />