Article XVII — NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM ARTICLE XVIII USE AND…

ARTICLE XIX HAZARDOUS WASTE MANAGEMENT PLAN

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CHAPTER XXXII PLANNING AND LAND USE*

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a. General Standard. 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.

b. Amount of Land. T he 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 subsection 32-115.3. The Planning Agency shall determine and establish the monetary value of the land area for the purposes of this division.

c. Amount of Fee.

1. 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 be paid, as set by Council resolution adopted after recommendation by the Director of Planning.

2. 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.

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

4. 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.

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a. Decision Factors. At the time of initial residential development or building permit approval, the Planning Agency shall determine whether to require a dedication of land within the development, payment of a fee in lieu thereof, or a combination of both. In making this determination, the Agency shall consider the following factors:

1. Whether lands offered for dedication will be consistent with the General Plan;

2. The topography, soils, soil stability, drainage, access, location and general utility of land in the development available for dedication;

3. Whether the location and amount of lands proposed to be dedicated or the amount of fees to be paid, or both, will 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 will be reasonably related and limited to the need for schools caused by the development;

4. Any recommendations made by affected school districts concerning the location and amount of lands to be dedicated;

5. If only a subdivision is proposed, whether it will contain fifty (50) parcels or less.

• b. Land Dedication. When land is to be dedicated, it shall be offered for dedication in substantially the same manner as prescribed in the subdivision ordinance for streets and public easements.

c. Fee Payment. If the payment of a fee is required, such payment shall be made at the time the building permit is approved and issued.

d. Trust—Land and Fees. Land and fees shall be held in trust by the Town until transferred to the school district operating schools in the attendance area from which the land or fees were collected.

e. Refunds.

1. If a final subdivision map, a parcel map, conditional use permit, development plan, or building permit is vacated or voided and if the Town still retains the land and/or fees collected for it, and if the applicant so requests, the Town Council shall order return to him of such land and/or fees.

2. If a final subdivision map, a parcel map, conditional use permit, development plan, or building permit is canceled or voided, and if the affected school district still retains the land and/or fees transferred to it by the Town, and if the applicant so requests, the school district shall return to him such land and/or fees.

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