Sand City Municipal Code Art. V Applications—Fees—Refunds

At the time of filing an application for the issuance of a building permit or for the approval of a proposed residential development (rezoning, tentative subdivision map or discretionary permit) located in an attendance area where the Council has concurred as provided in Section 17.64.080, the applicant shall, as part of such filing, indicate whether he or she prefers to dedicate land for interim school facilities or to pay a fee in lieu thereof, or do a combination of these. If the applicant prefers to dedicate land, he or she shall suggest the specific land.

(Ord. 78-92 Ch. 6 §1)

At the time of initial residential development or building permit approval, the City Council 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 Council shall consider the following factors:

A. Whether lands offered for dedication will be consistent with the general plan;

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

C. 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;

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

E. If only a subdivision is proposed, whether it will contain 50 parcels or less.

(Ord. 78-92 Ch. 6 §2)

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

(Ord. 78-92 Ch. 6 §3)

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

(Ord. 78-92 Ch. 6 §4)

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

(Ord. 78-92 Ch. 6 §5)

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

B. 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 City and if the applicant so requests, the school district shall return to him or her such land and/or fees.

(Ord. 78-92 Ch. 6 §6)