§ 9-20

a.

The approving body may, but is not required, to expressly state in the tentative map the amount of land required for dedication pursuant to subsection 9-20.008 or the amount of land which will serve as the basis for the calculation of the in-lieu fee at the time the final map or parcel map is filed, pursuant to subsection 9.20.014. Any express designation in the tentative map regarding land amount shall be preliminary only. The final determination of the amount of land which will be required for dedication or which will serve as the basis for the in-lieu fee calculation shall be made at the time of the filing of the final map or parcel map based on the formulas contained in subsections 9-20.008 and 9.20.014.

b.

At the time of the filing of the final subdivision map or parcel map, the subdivider shall dedicate the land as required by subsection 9-20.008. If the subdivider shall be obligated to pay an in-lieu fee, the subdivider shall pay one-half of the total fee amount prior to the recordation of the final map or parcel map and onehalf shall be paid on a lot-by-lot basis and prior to the issuance of any building permit for any building or structure to be constructed upon any one of the lots in the subdivision, until all required fees have been paid.

c.

Open-space covenants for private park or recreational facilities shall be submitted to the city prior to approval of the final map or parcel map and shall be recorded contemporaneously with the final subdivision map or parcel map.

(Ord. No. 1124, § 2; Ord. No. 1478, § 7)

9-20.024 Disposition of Fees. Fees determined pursuant to subsection 9-20.014 or subsection 9-20.016 shall be paid to the city treasurer and shall be deposited into the Subdivision Park Trust Fund or its successor. Money in said fund shall be used only for the purpose of developing new, or rehabilitating existing neighborhood or community park or recreational facilities to serve the subdivision on which the fees are imposed. Such uses include, but are not limited to, the purchase of land and/or the improvement of land, as well as the payment of consultation fees, feasibility studies, environmental review costs, professional services and other similar costs and expenses associated therewith.

Collected fees shall be appropriated by the city to serve residents of the subdivision in a budgetary year within five years upon receipt of payment or within five years after the issuance of building permits on onehalf of the lots created by the subdivision, whichever occurs later.

If such fees are not committed, these fees, less an administrative charge, shall be distributed and paid to the then record owners of the subdivision in the same proportion that the size of their lot bears to the total area of all lots in the subdivision.

The city treasurer shall report to the city council at least annually on income, expenditures, and status of the subdivision park trust fund.

(Ord. No. 1124, § 2; Ord. No. 1478, § 8)

a.

Subdivisions containing less than five parcels and not used for residential purposes shall be exempted from the requirements of section 9-20; provided, however, that a condition shall be placed on the approval of such parcel map that if a building permit is requested for construction of a residential structure or structures on one or more of the parcels the fee may be required to be paid by the owner of each such parcel as a condition to the issuance of such permit.

b.

The provisions of section 9-20 do not apply to nonresidential subdivisions; nor do they apply to condominium projects or stock cooperatives which consist of the subdivision of airspace in an existing apartment building which is more than five years old from the date of certificate of occupancy when no new dwellings are added.

c.

The approving body may, upon receipt of a written application, waive or reduce the fee required by this section for low or very low income affordable housing units as defined by section 19.24 of the Novato Municipal Code provided the applicant agrees to the requirements and restrictions applicable to affordable housing units as contained in section 19.24.

(Ord. No. 1124, § 2; Ord. No. 1478, § 9)

9-20.028 Subdivider Provided Park and Recreation Improvements. The value of park and recreation improvements provided by the subdivider to the dedicated land shall be credited against the fees or dedication of land required by this section. The parks and recreation director reserves the right to approve such improvements prior to agreeing to accept the dedication of land and to require in-lieu fee payments should the land and improvements be unacceptable.

(Ord. No. 1124, § 2)

9-20.030 Agency to Accept Land and Fees. Land or fees required under this section shall be conveyed or paid directly to the local public agency which provides park and recreational services on a community wide level and to the area within which the proposed development will be located, if such agency elects to accept the land or fee. At the time of tentative map or parcel map approval, the approving body shall determine whether a public agency other than the city is the appropriate local agency. The city, county or other local public agency to which the land or fees are conveyed or paid shall develop a schedule pursuant to Section 66477 of the Government Code specifying how, when, and where it will use the land or fees, or both, to develop park or recreational facilities to serve residents of the subdivision.

(Ord. No. 1124, § 2; Ord. No. 1478, § 10)

9-20.032 Access. All land offered for dedication to local park or recreational purposes shall have access to at least one existing or proposed public street. This requirement may be waived by the city council if the city council determines that public street access is unnecessary for the maintenance of the park area or use thereof by residents.

(Ord. No. 1124, § 2)

9-20.034 Sale of Dedicated Land. If during the ensuing time between dedication of land for park purposes and commencement of first-stage development, circumstances arise which indicate that another site would be more suitable for local park or recreational purposes serving the subdivision and the neighborhood (such as receipt of a gift of additional park land or a change in school location), the land may be sold upon the approval of the city council with the resultant funds being used for purchase of a more suitable site. If the city determines to dispose of the property, the subdivider or his successor shall have a right of first refusal to purchase the property at fair market value.

(Ord. No. 1124, § 2)

9-20.036 Development Agreement. Except as expressly prohibited by Section 66477 of the California Government Code, the terms and procedures of section 9-20 of the Novato Municipal Code may be waived or modified by development agreement adopted pursuant to Section 65864 et seq. of the California Government Code.

(Ord. No. 1124, § 2)

9-20.038 Effective Date. The requirements of this section shall apply to all tentative maps approved on or after December 18, 1986.

(Ord. No. 1124, § 2)

9-21 - Improvement Plans.

9-21.002 Improvement Plans Required. Street improvement plans, grading plans, landscaping plans, site plans, drainage plans, and utility plans shall be prepared. The plans shall be approved by the city engineer in accordance with the conditions of approval and the tentative map and Chapter V, the Novato Development Standards Ordinance.

At the time the improvement plans are presented to the city engineer for checking, plan checking fees must be paid and supporting documents must be submitted in accordance with subsection 9-9.008.

(Ord. No. 749, § 7.21.002; Ord. No. 1128, § 28)