Chapter 16.09 — DEDICATIONS AND RESERVATIONS

As a condition of approval of a final map or parcel map, the subdivider shall dedicate or make an irrevocable offer of dedication of all parcels of land within the subdivision that are needed for streets and/or alleys, including access rights and abutters' rights, drainage, public greenways, scenic easements, public utility easements, solar easements, bicycle paths, and other public easements, in accordance with Section 66475, et seq. of the state Subdivision Map Act. In addition, the subdivider shall improve or agree to improve all streets and/or alleys, including access rights and abutters' rights, drainage, public utility easements, solar easements, and other public easements. Improvements shall be constructed or placed in accordance with the provisions of this title. (G.C. 66475, et seq.)

A.

The town may require as a condition of approval of any subdivision the waiver of direct access rights to proposed or existing streets or roads from any property within or abutting the subdivision.

B.

The waiver shall become effective in accordance with its provisions and shall be contained in the owner's certificate of the final map or parcel map. (Ord. 203 §2(part), 1990)

As a condition of approval of a final subdivision or parcel map, the town shall require the subdivider to dedicate land, pay an in-lieu fee thereof, or both, at the option of the town based on the formula below, for park and recreation purposes. Such dedication or fee shall be required at the time of recordation of such map, according to the following formula and standards:

Amount of land to be dedicated = Average number of persons per new dwelling unit × Park acreage standard/1,000 population.

Note: "Average number of persons per new dwelling unit" equals 2.33 for single-family dwellings or 2.00 for multiple-family dwellings and "Park acreage standard" equals three acres.

Or:

For single-family dwellings: 2.33/d.u. × 0.003 acres = 0.007 acres/d.u.

For multiple-family dwellings: 2.00/d.u. × 0.003 acres = 0.006 acres/d.u.

The 0.007 or 0.006 acres/d.u. is used to determine the acreage, or value of acreage, for each subdivision required to meet this requirement. (G.C. 66477)

Example: Ten lots valued at $20,000/acre = 0.007/d.u. × 10 = 0.07 acres required for dedication, or $1,400 of in-lieu fees ($20,000/acre × 0.07 acres).

For the purposes of this section, the number of proposed dwelling units shall be determined as follows: In areas zoned for one dwelling unit per lot or parcel, the number of dwelling units shall equal the number of parcels indicated on the tentative subdivision or parcel map. When all or part of the subdivision is located in an area zoned for multiple dwelling units per parcel, the number of proposed dwelling units in the area so zoned shall equal the maximum number of dwelling units allowed under that zone. For residential condominium projects, the number of dwelling units shall be the number of condominium units on the tentative subdivision or parcel map. The term "new dwelling unit" does not include dwelling units lawfully in place prior to the date on which the tentative subdivision or parcel map is approved. (Ord. 203 §2(part), 1990)

Subdivisions of less than fifty lots shall be required to pay an appropriate in-lieu fee. The in-lieu fee shall be equal to the value of the land necessary to provide three acres of park area per one thousand persons residing within the town as of the first day of January of the year the tentative subdivision or parcel map was approved. (G.C. 66477(b); 66477(g)) (Ord. 203 §2(part), 1990)

Unless otherwise requested by the town recreation and park district, all division of land within the town shall be required to pay an in-lieu fee as provided for by this title. No dedication of land will be required unless specific request by the town recreation and park district is made in writing to the planning department prior to the first administrative action or public hearing of the subject tentative subdivision map or tentative parcel map. (Ord. 203 §2(part), 1990)

The determination by the town whether land shall be dedicated or an in-lieu fee charged shall be final and conclusive. (Ord. 203 §2(part), 1990)

At the time of filing of the final or parcel map, the subdivider shall dedicate land or pay the in-lieu fee as required by the town to the town recreation and park district. Open space covenants for private park or recreational facilities shall be submitted to the planning department prior to recordation of the final or parcel map, and shall be recorded along with the final or parcel map. (G.C. 66477(b) (2)) (Ord. 203 §2(part), 1990)

When a fee is required to be paid in-lieu of park land dedication, the amount of the fee shall be based upon the average estimated fair market value of the unimproved land being subdivided or the value of the land which would otherwise be required to be dedicated according to Section 16.09.020 and shall be determined per the formula contained therein. The fair market value shall be the assessed value of the subject property as shown in the latest equalized assessment roll of Butte County. The in-lieu fee shall be paid by the subdivider to the town recreation and park district prior to recordation of the final or parcel map. A copy of the receipt of payment of the in-lieu fee shall be delivered to the town engineer prior to recordation of the final map or parcel map. (G.C. 66477(i)) (Ord. 203 §2(part), 1990)

All in-lieu fees for park and recreational purposes shall be used by the town recreation and park district for the construction or improvement of a local park or recreational facility at an appropriate time which serves the residents of the area being subdivided. The money collected shall be used for the purpose of providing park or recreation facilities reasonably related to serving the subdivision. The money shall be committed within five years after the date of payment or the issuance of building permits on one-half of the lots created by the subdivision, whichever occurs later. If the money is not committed within this time period, it shall be distributed and paid to the then recorded owner(s) of the lots of the subdivision in the same proportion the size of each lot bears to the total area of all lots in the subdivision. (G.C. 66477(f)) (Ord. 203 §2(part), 1990)

For all subdivisions, appropriate land dedication as set forth in Section 16.09.020 may be required as a condition of approval. The land dedicated shall be granted to the town recreation and park district by grant deed(s) from the subdivider. Such grant shall be deeded prior to the recordation of the subject map. (Ord. 203 §2(part), 1990)

A.

If property is dedicated to the town in fee for public purposes, or for making public improvements or constructing public facilities, other than for open space, parks or schools, shall record a certificate with the county recorder in the county in which the property is located. The certificate shall be attached to the map and shall contain all of the following information:

1.

The name and address of the subdivider dedicating the property;

2.

A legal description of the real property dedicated;

3.

A statement that the town shall reconvey the property to the subdivider if the local agency makes a determination pursuant to this section that the same public purpose for which the property was dedicated does not exist, or the property or any portion thereof is not needed for public utilities, as specified in subsection (C) of this section.

B.

The subdivider may request that the town make the determination that the same public purpose for which the dedication was required still exists, after payment of a fee which shall not exceed the amount reasonably required to make the determination. The determination may be made by reference to a capital improvement plan as specified in Section 65403 or 66002, an applicable general or specific plan requirement, the subdivision map, or other public documents that identify the need for the dedication.

C.

If the town has determined that the same public purpose for which the dedication was required does not exist, it shall reconvey the property to the subdivider or the successor in interest, as specified in subsection (A) of this section, except for all or any portion of the property that is required for that same public purpose or for public utilities.

D.

If the town decides to vacate, lease, sell or otherwise dispose of the dedicated property, the town shall give at least sixty days' notice to the subdivider whose name appears on the certificate before vacating, leasing, selling or otherwise disposing of the dedicated property. This notice is not required if the dedicated property will be used for the same public purpose for which it was dedicated.

E.

This action shall only apply to property required to be dedicated on or after January 1, 1990. (G.C. 66477.5 (a)) (Ord. 203 §2(part), 1990)

All land dedicated for recreational purposes shall remain in perpetuity to the town recreation and park district for use as determined by the board of directors of the district. (Ord. 203 §2(part), 1990)

Where substantial private park and recreational area is provided in a proposed subdivision and such space is to be privately owned and maintained by the future residents or owner(s) of the subdivision, partial credit, not to exceed fifty percent, may be given against the requirement of land dedication or payment of fees inlieu thereof, if the town recreation and park district finds that it is in the public interest to do so and that all the following standards are met: (G.C. 66477(i))

A.

That yards, court areas, setbacks, and other open areas required to be maintained by the zoning and building ordinances and regulations shall not be included in the computation of such private open space;

B.

That the private ownership and maintenance of the open space is adequately provided for by recorded written agreement, conveyance, or restrictions;

C.

That the use of the private open space is restricted for park and recreational purposes by recorded covenant, which runs with the land in favor of the future owners of property and which cannot be defeated or eliminated without the consent of the town or its successor;

D.

That the proposed private open space is reasonably adaptable for use for park and recreation purposes, taking into consideration such factors as size, shape, topography, geology, access, and location;

E.

That facilities proposed for the open space are in substantial accordance with the provisions of the recreational element of the general plan.

F.

That the open space for which credit is given is a minimum of two acres. (Ord. 203 §2(part), 1990)

The provisions of this chapter shall not apply to industrial subdivisions, condominium conversion projects or stock cooperatives which consist of the subdivision of airspace in an existing apartment building. (G.C. 66477(i)) (Ord. 203 §2(part), 1990)

The town reserves the right to require dedications or reservation for uses or facilities other than for park and recreation uses, (e.g. fire stations). Such dedications or reservations shall follow the applicable procedures and regulations of this chapter. (Ord. 203 §2(part), 1990)