AN ORDINANCE AMENDING THE CHAPEL HILL LAND USE MANAGEMENT ORDINANCE TO CHANGE PAYMENT IN LIEU OF RECREATION AREA CALCULATIONS (2006-04-10/O-5)
WHEREAS, the Council of the Town of Chapel Hill has considered the proposed text amendment to the Land Use Management Ordinance regarding modifications to payment in lieu of recreation area and finds that the amendment is warranted in order to achieve the purposes of the Comprehensive Plan;
NOW, THEREFORE, BE IT ORDAINED by the Council of the Town of Chapel Hill as follows:
(1) In lieu of providing or dedicating parks and open space area required pursuant to this Section, a developer of a subdivision may, with the approval of the Town Council, make a payment to the Town whereby the Town may acquire or develop recreation land to serve the subdivision. A developer may make a partial payment in combination with the partial provision of recreation area if the Town Council determines that the combination is in the best interests of the citizens of the area to be served.
(2) The Town Council may require a payment to the Town in lieu of providing or dedicating recreation area required pursuant to this Section where the minimum recreation area required by this Section equals two (2) acres or less.
(3) The Town shall use such payment only for the acquisition or development of recreation, park, or open space sites, as allowed by law.
(4) Payments In Lieu of Recreation Area shall be determined by the following formula:
A per square foot value of the property shall be
determined, as established by Orange County and/or Durham County for real
estate tax purposes
, including land value and the value of all existing
structures and improvements. The value established by Orange County and/or Durham County shall include only the value of the land and shall not
include the value of existing structures and improvements. The square foot
value shall be multiplied by the number of square feet of Recreation Area
required for the development to arrive at a Base Value. The Base Value shall be
multiplied by a Recreation Area Payment in Lieu Multiplier to determine the
required amount of payment in lieu of Recreation.
The Payment in Lieu Multiplier for Recreation Area shall be established by the Town Council annually as part of the budget process.
(5) The developer shall make the payment before approval of a final plat for the subdivision, provided, however, that the Town Manager may allow phasing of payments consistent with the approved phasing of the subdivision.”
(6) In the event that a property owner successfully appeals the County valuation of the property after the Payment in Lieu for Recreation Area is made to the Town, and the resulting change in valuation would have reduced the amount of the Payment in Lieu for Recreation Area, the Town shall reimburse the developer the difference between what was paid and what would have been paid had the revised valuation been used.”
Section 2. That this amendment shall become effective upon enactment.
This the 10th day of April, 2006.