§ 5.42. [Developers to make payment to town in lieu of reserving or dedicating recreation area.]

(a)

A town may adopt ordinances applicable in the town and the town's extraterritorial planning jurisdiction to require that developers make payment to the town in lieu of reserving or dedicating recreation areas, where the town's planning and development regulations would otherwise require provision of recreation areas equaling four acres or less. The amount of payment shall be determined through procedures to be established by ordinance and in a manner consistent with G.S. 160A-372.

(b)

A town may adopt ordinances applicable in the town and the town's extraterritorial planning jurisdiction to require that developers make payment to the town in lieu of providing improved recreation space and facilities under G.S. 160A-381(c) in:

(1)

New residential developments. The amount of payment shall be determined through procedures to be established by ordinance and in a manner consistent with G.S. 160A-372.

(2)

New nonresidential developments. The amount of payment shall be determined through procedures to be established by ordinance and shall be based on the potential demand for recreational facilities to be generated by the new development.

(Acts 1993, Ch. 549, § 3; Session Law 2008-76, § 1, 7-10-2008)