dedication of land and partial payment, shall be made by the Board of Commissioners in its sole discretion if the Board determines it is in the best interests of the citizens to do so.
(5) In any circumstance, no fee-in-lieu shall exceed $5,000 per unit.
f. Use of Land by Town; Use of Funds Received in Lieu of Dedication.
(1) The land received by the Town of Fuquay-Varina under this section shall be used only for the purpose of providing neighborhood open space, park and recreational areas, but shall not be so restricted should the Town decide to sell such land as provided by the following paragraph. (2) The Town of Fuquay-Varina shall have the right to sell any land dedicated to the Town for neighborhood park and recreation purposes on finding by the Board of Commissioners that a particular piece of property is not feasible for or compatible with adopted plans of the Town. (3) Fees collected in lieu of donations and any proceeds from such transactions or sales shall be held in a special fund by the Town, and the funds shall be used by the Town for the purpose of acquiring and developing public recreation areas as shown on the Parks, Recreation, and Cultural Resources Master Plan and for no other purpose. The depository for such funds may be the same as permitted for other funds of the Town and pending their expenditure in accordance with the terms of this Section, such funds may be invested as other funds of the Town. The Town may, as its discretion, add additional monies to the fund for the purpose of purchasing public recreational land to be used for public recreational purposes. On all matters not specifically provided for in this Section, the Local Government Budget and Fiscal Control Act shall be controlling.
g. Special Committee to Settle Disagreements Between Town and Owner/Developer.
(1) In the event that the Town and the owner/developer of land cannot agree upon the location, terrain, size or shape of the land necessary to be dedicated for a neighborhood recreation area or cannot agree upon the details of provisions for an equitable amount of land in another location or where there is a disagreement between the Town and the owner/developer, such disagreement shall be determined by a special committee. (2) Such special committee shall consist of three (3) members appointed as follows: one (1) member shall be a professional land appraiser appointed by the Town Manager; one (1) member shall be a professional land appraiser appointed by the owner/developer; and, one (1) member shall be a professional land appraiser appointed by the two (2) appointed
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