Montague Municipal Code Ch. 16.41 Dedications

DEDICATIONS

Sections:

• 16.41.010 Purpose. 16.41.020 Dedications required. 16.41.030 Waiver of direct access rights. 16.41.040 City council acceptance. 16.41.050 Effective date of acceptance.

A. The purpose of this chapter is to comply with Article 3 of Chapter 4 of the Subdivision Map Act of the state, and to provide by ordinance for the dedication, or irrevocable offer of dedication of real property, within the subdivision for the various public purposes set forth therein, excepting only park and recreational.

B. The city council has reviewed the negative declaration prepared in connection with the provisions of this chapter, and has determined that no significant effect on the environment is created by the provisions of this chapter. (Ord. 90-1 (part), 1990)

From and after the effective date of the ordinance codified in this chapter, the subdivider or subdividers of any proposed subdivision within the city shall dedicate or make an irrevocable offer of dedication of real property within the subdivision for the following purposes:

A. Streets and alleys, including access rights and abutter's rights, drainage easements, public utility easements and other public easements as required;

B. If the subdivision, as shown on the final map thereof, contains two hundred or more parcels, the subdivider shall in addition dedicate such additional land as may be necessary and feasible to provide bicycle paths for the use and safety of the residents of the subdivision;

C. Provided the subdivision as shown on the tentative map has the potential for two hundred dwelling units or more if developed to the maximum density shown on the adopted general plan, or contains one hundred acres or more, and further provided that the city council finds that transit services are or will within a reasonable time period be made available to such subdivision, the subdivider shall dedicate or make an irrevocable offer of dedication of land within the subdivision for local transit facilities, such as bus turnouts, benches, shelters, landing pads and similar items which directly benefit the residents of the proposed subdivision;

D. Provided the dedication would not make development of the remaining land held by the subdivider economically unfeasible, and further provided that it does not exceed the amount of land ordinarily allowed under the procedures of the State Allocation Board, at the time of approval of the tentative map, the city council may require the subdivider to dedicate to the elementary school district or districts within which the proposed subdivision is to be located, such land as the city council shall deem to be necessary for the purpose of constructing thereon such elementary schools as are necessary to assure the residents of such subdivision adequate public school service. This dedication requirement shall not apply to the subdivider who has owned the land being subdivided for more than ten years prior to the filing of the tentative map pursuant to provisions of this title. Furthermore, as to any requirement of dedication imposed pursuant to the provisions of this section, all the provisions of Government Code Section 66478 shall apply. (Ord. 90-1 (part), 1990)

In the requirements for dedication or irrevocable offers of dedication of streets, the planning commission may include a requirement of a waiver of direct access rights to any such street from any property shown on a final or parcel map as abutting thereon, and if the dedication is accepted, any such waiver shall become effective in accordance with its provisions. (Ord. 90-1 (part), 1990)

At the time the city council approves a final map, it shall also accept, subject to improvement, or reject any irrevocable offer of dedication. The city clerk shall certify on the map the action by the legislative body. If any irrevocable offers of dedication are rejected at such time, relating to streets, paths, alleys, rights-of-way for local transit facilities or storm drainage easements, the offer of dedication shall remain open, and the city council may by resolution at any later date, and without further action by the subdivider, rescind its action and accept open the aforesaid streets, paths, alleys, rights-of-way for public transit facilities or storm drainage easements for public use. Such later acceptance shall be recorded in the office of the county recorder. (Ord. 90-1 (part), 1990)

Acceptance of offers of dedication on a final map shall not be effective until the final map is filed in the office of the county recorder or a resolution of acceptance by the city council is filed in such office. (Ord. 90-1 (part), 1990)