Chapter 812-8 — REQUIREMENTS

In an attendance area where the board has concurred as provided in Chapter 812-6, the owner of a proposed residential development as a condition of approval or the obtaining of a building permit shall dedicate land, pay fees in lieu thereof, or do a combination of both, for classroom and related facilities for elementary and/or high schools including all mandated educational programs.

(Ord. 78-10).

Only the payment of fees is required for the approval of a subdivision map containing fifty parcels or less.

(Ord. 78-10).

Residential developments shall be exempt from the requirements of this division when they consist only of the following:

(1)

Any modification or remodel of an existing legally established dwelling unit that does not create an additional dwelling unit;

(2)

A condominium project converting an existing apartment building into a condominium where no new dwelling units are added;

(3)

Any rebuilding of a legally established dwelling unit destroyed or damaged by fire, explosion, act of God or other accident or catastrophe;

(4)

Any rebuilding of an historical building recognized, acknowledged and designated as such by the planning agency.

(Ord. 78-10).

Any agreement existing prior to March 3, 1978, between a school district and a developer pertaining to the dedication of land and/or payment of fees for school facilities shall be recognized by the planning agency and shall be considered by it as satisfying this division's requirements.

(Ord. 78-10).

Chapter 812-10 - STANDARDS FOR LAND AND FEES

The location and amount of land to be dedicated or the amount of fees to be paid, or both, shall bear a reasonable relationship and will be limited to the needs of the community for interim elementary and/or high school facilities including all mandated educational programs and shall be reasonably related and limited to the need for schools caused by the development.

(Ord. 78-10).

The total land area required by this division to be dedicated shall be at least equal in monetary value to the fees which would otherwise be required by Section 812-10.206. The planning agency shall determine and establish the monetary value of the land area for the purposes of this division.

(Ord. 78-10).

(a)

Resolution. When fees are required by this division to be paid in lieu of land dedication or as a combination of both, such fees shall be, and paid, as set by board resolution adopted after recommendation by the director of planning.

(b)

Bedroom and Dwelling. The resolution shall fix a per bedroom fee and a total maximum dwelling unit fee. Any room designed for sleeping which has a closet is a bedroom for the purposes of this division.

(c)

Mobile Home Parks. The resolution shall fix a fee for each dwelling unit space or lot in a mobile home park.

(d)

Costs. Among the factors to be considered when establishing fees by resolution are: any school district notice of findings, cost estimates, the costs of local leasing of portable facilities, construction of interim school facilities, and air conditioning.

(Ords. 79-68 § 2, 78-10).