(1) Whether the Board of Commissioners accept the dedication of land or elects to require payment of a fee-in-lieu thereof, or a combination of both, shall be determined by but not limited to the following:
A. An adopted plan of the Town of Fuquay-Varina;
B. The recommendations of the Planning Board;
C. Topography, geology, access, and location of land in the subdivision available for dedication; and,
D. Size and shape of the subdivision and land available for dedication.
(2) The determination of the Board of Commissioners as to whether land shall be dedicated or whether a fee-in-lieu should be charged, or a combination of both, shall be final and conclusive. For subdivisions involving fewer than twenty lots or dwelling units, only the payment of fee-in-lieu shall be required. d. Procedure for Determination Among Dedication, Fee-In-Lieu, or Combination. The procedure for determining whether the owner/developer is to dedicate land, pay a fee-in- lieu, or both, shall be as follows: (1) Owner/Developer – At the time of filing a master plan or preliminary plan for subdivision approval, the owner of the property shall, as part of such filing, indicate whether such owner proposes to dedicate property for park and recreational purposes, or whether such owner desires to pay a fee-in-lieu thereof. If the owner/developer desires to dedicate land for this purpose, the petitioner shall designate the area thereof on the master plan or preliminary plan as submitted. (2) Action of the Town – At the time of the master plan or preliminary plan approval, as specified in Article Q Procedures & Administration, §9-1808 Common Application Procedures, the Town shall determine as a part of such approval, whether to require a dedication of land within the subdivision, payment of a fee-in-lieu at the time of approval of the final plat, or a combination of both. (3) Prerequisites for Approval of Final Plat – Where dedication is required, such dedication shall be shown upon the final plat as submitted for approval. Where fees are required, the same shall be deposited with the Town prior to the recording of the final plat. Open space covenants for park or recreational facilities shall be submitted to the Town for review and approval prior to approval of the final plat and shall be recorded with the final plat.
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