Colfax Municipal Code Ch. 16.32 Dedications and Reservations

As a condition of a site development or map approval the developer or subdivider shall dedicate or make an irrevocable offer of dedication of the following:

A. All parcels of land within the site development or subdivision that are needed for streets, alleys including access rights and abutters' rights, drainage, public utility easements and other public easements;

B. All parcels of land within the site development or subdivision that are needed for public transportation purposes; and

C. Public utilities required by the city or other agencies.

(Prior code § 9-1.910)

As a condition to the approval of a final subdivision map, a portion of such land shall be dedicated for park or recreational purposes or a fee paid in lieu thereof or a combination of both, subject to the provisions of this section.

A. The land and fees received under this section shall be used for the purpose of providing park and recreational facilities to the residents of the subdivision for which received.

B. The amount of land to be dedicated or the amount of fees lieu thereof, shall be determined by the standards set forth in this chapter.

1. The land area required for dedication may be up to five percent of the area of the subdivision as determined by the planning commission;

2. The fee required shall be that as set by the most current resolution of the council.

C. The planning commission, in its findings, may consider the recommendation of the parks and recreation commission relative to the dedication of land and/or fees or both.

D. Only the payment of fees shall be required for subdivisions containing fifty (50) parcels or less. However, the dedication of land may be required in phased developments when the cumulative total of parcels in all phases may exceed fifty (50) parcels.

E. At the time of the approval of the tentative map, the planning commission shall specify the time within which the development of the park or recreational facilities will be begin.

F. Land or fees required under this section shall be conveyed to the city in trust for the agency designated by the planning commission prior to the approval of the final map. If the final map is not approved, the land or fees shall be returned to the developer.

G. Nothing in this section shall prohibit the public agency from selling or trading the land acquired under the provisions of this section provided the proceeds of such sale or exchange are used in conformance with the provisions of this section and such sale or exchange is reviewed by the planning commission.

H. The allocation between land to be dedicated and/or fees to be paid in lieu thereof and the location of any land to be dedicated shall be determined by the following standards:

1. The park and recreational facilities shall be in accordance with the principles and standards, if any contained in the recreational element of the general plan;

2. The land to be dedicated shall be suitable for the development of park and recreational facilities useful and accessible to the future inhabitants of the subdivision;

3. The dedication of land shall be preferred to the payment of fees; however, the payment of fees or a combination of land and fees shall be considered where suitable park and recreational sites do not exist within the subdivision or when complete or partial payment of fees would better suit the development of park and recreational facilities.

I. Where private park and recreational facilities are provided in a proposed subdivision and such space is privately-owned and maintained by the future residents of the subdivision, such areas may be credited against the amount of land to be dedicated or fees paid in lieu thereof or a combination thereof, up to fifty (50) percent of the amount required provided the private open space will provide a reasonable alternate to the park and recreational facilities otherwise obtainable under this section. Such private open space may not be credited unless the following conditions are met:

1. That yard, court areas, setbacks and other open space areas required to be maintained by the building and zoning regulations shall not be included unless actually developed for use as recreational facilities and areas;

2. The private recreational facilities and areas shall be restricted for park and recreational purposes by covenants, conditions and property within the tract which cannot be defeated or eliminated without the consent of the council. The private ownership and maintenance of recreational facilities and areas shall be provided for in the covenants, conditions and restrictions;

3. That the proposed private facilities and areas are reasonably adaptable for park and recreational purposes, taking into consideration such factors as size, shape, topography, geology and access; and

4. That the proposed facilities are in substantial accordance with the recreational element of the general plan.

J. The provisions of this section shall not apply to the following:

1. Industrial subdivisions; and

2. Condominium projects which consist of the subdivision of airspace in an existing apartment building which is more than five years old when no new dwelling units are added.

K. If any section, sentence, clause or phrase of this chapter is for any reason held by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remaining portions of this chapter.

(Prior code § 9-1.915)

As a condition of the approval of a final map, a subdivider who develops or completes the development of one or more subdivisions within the local school district shall, within the limitations of the Subdivision Map Act of the state, dedicate to the school district such lands as the council shall deem necessary to assure residents of the subdivision adequate elementary school service.

(Prior code § 9-1.920)

The council or the advisory agency may impose a requirement that any dedication or offer of dedication of a street shall include a waiver of direct access rights to such street from any property shown on a map as abutting thereon and that if the dedication is accepted, such waiver shall become effective in accordance with its provisions.

(Prior code § 9-1.925)

At the time of the approval of the tentative map, the council may require the reservation of areas for fire stations, libraries, park and recreational facilities or other public uses, subject to the provisions of the Subdivision Map Act of the state.

(Prior code § 9-1.930)