AN ORDINANCE AMENDING THE CHAPEL HILL LAND USE MANAGEMENT ORDINANCE TO AMEND PAYMENT IN LIEU OF RECREATION AREA AND TO AMEND SETBACK LANGUAGE (2005-10-10/O-6)
WHEREAS, the Council of the Town of Chapel Hill has considered the proposed text amendments to the Land Use Management Ordinance regarding modifications to payment in lieu of recreation area and to setback language and finds that the amendments are 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)
The amount of the payment shall be the product of the minimum amount of
recreation area required multiplied by the fair market value of the land being
subdivided. The fair market value of the land being subdivided (including
streets, utilities, and other related improvements) shall be the expected fair
market value of the land after it is subdivided in the manner proposed by the
developer and approved by the Town. The costs associated with appraisal of the
fair market value of the land shall be borne by the developer.
(5)
If the Town disagrees with the developer's appraisal of the land's fair market value, fair market value shall be determined by a special appraisal committee
made up of one professional appraiser appointed by the developer, one
professional appraiser appointed by the Town Council, and one professional
appraiser appointed by the initial two committee members. The committee shall
view the land and hear the contentions of both the Town and the developer. The
committee shall determine its findings by majority vote and shall certify them
to Town Council within thirty (30) days of the time of the third member's appointment. The costs of the committee shall be borne by the developer.
(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 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.
(6)(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. Rules for Interpretation of Table 3.8-1 of the Chapel Hill Land Use Management Ordinance is hereby revised to read as follows for the first three sentences:
“Columns (F) & (G): (Note definition of “Building Envelope” in Appendix
A). Building Height is expressed in feet. Column (F) refers to height at the front setback line setback lines.”
Section 3. That all ordinances and portions of ordinances in conflict herewith are hereby repealed.
Section 4. That these amendments shall become effective upon adoption.
This the 10th day of October, 2005.