ATTACHMENT 1
AN ORDINANCE AMENDING THE CHAPEL HILL LAND USE MANAGEMENT ORDINANCE TO CHANGE PAYMENT-IN-LIEU OF RECREATION AREA CALCULATIONS
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 all ordinances and portions of ordinances in conflict herewith are hereby repealed.
Section 3. That these amendments shall become effective upon adoption.
This the ___ day of ____, 2006.