Sec. 12.5. Recreation Land

12.5.1. Provisions for both active and passive recreationClosed Recreational activities that do not require a developed site. This includes such activities as trails for walking, hiking, and horseback riding; and areas for picnicking. areas, including parks, greenways, and trails, consistent with adopted policies, plans, and regulations shall be made for all developmentsClosed Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land.. All such land shall be dedicatedClosed The transfer without payment of ownership or other interest in real property from a private entity to a public agency. or reservedClosed The withholding by a private entity of specific real estate from development pending acquisition by a public agency. and shall satisfy applicable City or County site suitability standards with regard to location, area, and potential use.

12.5.2. Dedication, Impact Fees, and Payment-in-Lieu

A. In the County

1. The applicant for a residential developmentClosed Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. shall be responsible for either:

a. DedicatingClosed The transfer without payment of ownership or other interest in real property from a private entity to a public agency. 1,150 square feet of land for recreation purposes (including active and passive recreationClosed Recreational activities that do not require a developed site. This includes such activities as trails for walking, hiking, and horseback riding; and areas for picnicking. areas, including trails) for each proposed dwelling unitClosed A single unit providing complete independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking, and sanitation.; or

b. Making payment-in-lieu equivalent to the tax value of 1,150 square feet of comparable property per dwelling unitClosed A single unit providing complete independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking, and sanitation..

2. One of the following shall be required:

a. DedicationClosed The transfer without payment of ownership or other interest in real property from a private entity to a public agency. of land; or

b. Payment-in-lieu of dedicationClosed The transfer without payment of ownership or other interest in real property from a private entity to a public agency..

B. In the City

1. The applicant for a residential developmentClosed Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. shall be responsible for:

a. Paying a recreation impact fee or dedicatingClosed The transfer without payment of ownership or other interest in real property from a private entity to a public agency. 575 square feet of land for parks and active recreationClosed Leisure activities usually of an organized nature, often performed with others and often requiring equipment, taking place at prescribed places, sites, or fields. areas for each proposed dwelling unitClosed A single unit providing complete independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking, and sanitation.; and

b. Paying a resource based recreation impact fee or dedicatingClosed The transfer without payment of ownership or other interest in real property from a private entity to a public agency. 575 square feet of land for passive recreationClosed Recreational activities that do not require a developed site. This includes such activities as trails for walking, hiking, and horseback riding; and areas for picnicking. areas (including trails) for each proposed dwelling unitClosed A single unit providing complete independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking, and sanitation..

2. Where recreation service districts have been established, payments made under this section shall be expended within the respective district from which collected.

3. The following, individually or in combination, shall be required based upon jurisdiction and whether the developmentClosed Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. is located on the Durham Trails and Greenways Master Plan or the Durham Comprehensive Bicycle Transportation Plan:

a. Payment of an impact fee;

b. DedicationClosed The transfer without payment of ownership or other interest in real property from a private entity to a public agency. of land; or

c. Payment-in-lieu of dedicationClosed The transfer without payment of ownership or other interest in real property from a private entity to a public agency..