Montague Municipal Code Ch. 16.43 Reservations of Land for Public Use

RESERVATIONS OF LAND FOR PUBLIC USE

Sections:

• 16.43.010 Purpose.

• 16.43.020 Reservations.

• 16.43.030 Agreement required.

• 16.43.040 Automatic termination. 16.43.050 Chapter is no limitation on other authority.

A. The purpose of this chapter is to comply with Government Code Section 66479 so as to make possible that subdividers may be required to reserve land, within the area of the subdivision, for parks, recreational facilities, fire stations, libraries or other public uses, subject to certain conditions.

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)

The city council may require a subdivider to reserve land, within the area of the subdivision, for parks, recreational facilities, fire stations, libraries or other public uses, provided the following conditions are found to exist:

A. The adopted general plan contains a community facilities element, recreational and parks elements, or a public building element, and the required reservations are in accordance with the principles and standards set forth therein;

B. This chapter has been in effect at least thirty days prior to the filing of the tentative map for the subject subdivision;

C. The reserved area is of such size and shape as to permit the balance of the proposed subdivision to develop in an orderly and efficient manner;

D. The amount of land reserved will not make development of the remaining land held by the subdivider economically unfeasible. (Ord. 90-1 (part), 1990)

If such reservations are required, at the time of approval of the final map or parcel map of the subdivision, the city council shall enter into a binding agreement to acquire the areas reserved within two years after the completion and acceptance of all improvements, unless such period of time is extended by mutual agreement of the subdivider and the city. The purchase price for the area or areas reserved shall be the market value thereof at the time of filing the tentative map plus the taxes against the areas reserved from the date of the reservation to the date of acquisition, and any other costs incurred by the subdivider in the maintenance of such reserved areas, including interest costs incurred on any loan the proceeds of which were used to acquire the area or areas reserved. (Ord. 90-1 (part), 1990)

If the city council refuses to enter into such a binding agreement, the reservation of such areas shall automatically terminate. (Ord. 90-1 (part), 1990)

This chapter is in addition to all other authority granted by law to the city relating to subdivisions and shall in no way be construed as a limitation on or diminution of any such authority of the city. (Ord. 90-1 (part), 1990)