Tiburon Municipal Code Art. 7 Improvements and Dedications

The purpose of this article is to establish the improvements, dedications and reservations that the town may impose on a subdivider as a condition for approval of a tentative map.

(Ord. No. 573 N.S., § 3, 6-7-2017)

(a) General.

(1) Improvements required for subdivision approval. No tentative map, final map, parcel map, or other division of land subject to the provisions of this chapter shall be approved unless improvements are constructed or required to be constructed to serve the lots being created both on site and off site, including, but not limited to, those improvements described in this section. As a condition of approval there may be imposed a requirement that improvements installed by the subdivider for the benefit of the subdivision contain supplemental size, capacity, number or length for the benefit of property not within the subdivision and that those improvements be dedicated to the public, subject to the provisions of sections 66485 through 66489 of the Subdivision Map Act.

(2) Improvement plans. Before beginning construction of any improvements, a complete set of plans, profiles, cross sections, and other drawings for all improvements, together with a complete set of detailed specifications for the work, prepared according to town standards and specifications, shall be submitted to the town engineer for review and approval. Elevation datum used on improvement plans shall be NAVD 1988 unless specifically authorized in writing by the town engineer. Once approved, one or more complete sets of plans and specifications, including an electronic copy as required, shall be furnished to the satisfaction of the town engineer. No work shall commence without approved plans and specifications.

(3) Design of improvements. The design and layout of all required improvements, both on and off site, private and public, shall conform to generally accepted engineering standards, or to such standards as approved by the town engineer, and, where applicable, to the standards of section 14-6.609, design standards.

(b) Frontage improvements. The frontage of each lot shall be improved to its ultimate adopted geometric section as deemed appropriate by the town engineer, including street structural sections, curbs, gutters, sidewalks, alleys, street trees, street lights, driveway approaches and transitions, and right-of-way surfaces. Property corners abutting the public right-of-way shall be located and marked in a manner acceptable to the town engineer.

(c) Pedestrian ways. Pedestrian ways, including paving, landscaping, fences and other amenities, may be required in all locations indicated in the general plan, bicycle-pedestrian master plan, or as otherwise reasonably required by the director of community development or town engineer pursuant to adopted town policies or regulations:

(1) To provide access to open spaces, paths, trails or bikeways.

(2) To connect streets having only one outlet.

(3) To provide access to playgrounds, parks, schools, shopping areas, or similar community facilities.

(d) Bikeways. Bikeways, including Class I paths, Class II bike lanes, Class III signed bike routes, Class IV bikeways, and/or bicycle boulevards, may be required in all locations indicated in the general plan, bicycle-pedestrian master plan, or as otherwise reasonably required by the director of community development or town engineer pursuant to adopted town policies or regulations. Appropriate signs as may be required shall be furnished and installed by the subdivider.

(e) Trails and greenbelts. Trail and greenbelt improvements may be required as indicated in the general plan, bicycle and pedestrian master plan, any applicable precise development plan or specific plan, or as otherwise reasonably required by the director of community development or town engineer pursuant to adopted town policies or regulations.

(f) Street trees. The subdivider may be required to plant street trees at no more than twenty-five feet on center along all public or private streets within and/or bordering the subdivision. The location, species and size of trees shall be as specified in any associated project approvals or as approved by the director of public works, and shall be indicated on the improvement plans.

(g) Stormwater treatment. Stormwater runoff from the subdivision shall be treated on-site in accordance with the stormwater management requirements in chapter 20A of this Code, and shall be collected and conveyed by an approved storm drain system. Depending on the site area involved, provide either: (1) a copy of the Storm Water Pollution Prevention Plan (SWPPP) for construction, with general permit registration documents to comply with, and the Notice of Intent (NOI) for the project; or (2) an Erosion and Sedimentation Control Plan (ESCP) and an ESCP Application Package.

(h) Storm drainage capacity. A study shall be prepared of the proposed drainage system for the subdivision which details, at a minimum, the effects of any run-off on other drainage systems and the ability of the proposed drainage system and any impacted drainage systems to convey run-off volumes generated by the one-hundred-year storm event, as approved by the town engineer. The storm drain system shall provide for the protection of abutting and off-site properties that could be adversely affected by any increase in run-off attributed to the subdivision. Off-site storm drainage improvements may be required to satisfy this requirement.

(i) Sanitary sewers. A sewage collection system designed and constructed to serve each unit or lot within the subdivision and connected to the public sewer collection system shall be provided as required, unless exempted by the town council pursuant to provisions of chapter 13F of this Code. Sewer laterals connecting to the public sewer system shall comply with the requirements of the applicable sanitary district.

(j) Water supply. Each unit or lot within the subdivision shall be served by an approved water distribution system designed and constructed to supply domestic water for use on each lot or by each unit, for fire-fighting purposes, and to provide landscape irrigation as shown on approved plans.

(k) Utilities. Each unit or lot within the subdivision shall be served by gas, electric, telephone and cable television facilities. All utility distribution facilities shall be placed underground. All transformers shall be placed underground unless prior permission is granted by the town to place them above ground, in which case they shall be screened from public view by fencing, dense landscaping, or other acceptable means. Other appurtenant equipment, such as pedestal-mounted terminal boxes and meter cabinets, may be placed above ground but shall be screened from public view by fencing, dense landscaping, or other acceptable means. No transformers or other appurtenant equipment shall be placed in the public right-of-way or on any sidewalk.

(l) Fire hydrants. Fire hydrants, gated connections, and appurtenances as required by the applicable fire district shall be provided. Improvement plans showing such hydrants, connections, and appurtenances shall be shown on the improvement plans that are submitted for review and approval by the fire district.

(m) Off-site improvements. Pursuant to section 66462.5 of the Subdivision Map Act, if the subdivider is required to construct off-site improvements on land in which neither the town nor the subdivider has sufficient title or interest to allow construction, the town shall, within one hundred twenty days of recording the final map, acquire by negotiation or commence condemnation of the land. Prior to approval of the final map, the town may require the subdivider to enter into an agreement to complete the off-site improvements at the time the town acquires title or interest in the land. If no such agreement is required and the town fails to meet the one hundred twenty day time limit, the condition for the construction shall be waived. The subdivider shall pay all costs of acquiring and all costs associated with acquiring off-site land or an interest in the land required to construct the off-site improvements.

(n) Exceptions. Exceptions to the standards set forth in this chapter may be approved by the town engineer if all of the following findings are made:

(1) That the strict application of any such standard would result in practical difficulties or unnecessary hardships inconsistent with the general purpose and intent of this chapter.

(2) That there are exceptional circumstances or conditions applicable to the property being subdivided or to its intended use or development.

(3) That the granting of the exception will not be materially detrimental to the public welfare nor injurious to the property being subdivided or to improvements in the immediate vicinity.

(Ord. No. 573 N.S., § 3, 6-7-2017)

(a) General. Prior to the approval or commencement of the improvements required by section 14-6.602, the subdivider shall enter into an improvement agreement with the town for the construction of the required improvements. Such agreement is subject to the approval of the town council as recommended by the town engineer and director of community development, and approved as to form by the town attorney. The agreement shall provide for:

(1) Construction of all improvements according to the approved plans and specifications on file with the town engineer.

(2) Specified times for completion of improvements.

(3) Right by town to require changes to the plans and specifications in accordance with the development requirements and to require the subdivider to pay for the modifications.

(4) Payment of applicable fees as set forth in the applicable town fee schedule(s).

(5) Improvement security in accordance with section 66499 et seq. of the Subdivision Map Act.

(6) Posting of a performance bond for one hundred percent of the value of the improvements for faithful performance, payment of all contractors and other persons employed in the performance of the improvements, and for setting of final monuments. The value of the improvements shall be calculated based on the most current prevailing wage rates and Caltrans equipment rates, with inflation factors based on Engineering News-Record (ENR) figures and construction management costs based on the most recent California Multi-Agency Benchmarking Study. If any of these sources are no longer applicable or available, the town engineer shall use reasonable discretion in selecting substitute sources for the calculation of the value of the improvements. Upon completion and acceptance by the town of the improvements, a one year warranty bond guaranteeing the constructed improvements from defects shall also be provided.

(7) Release and indemnification of the town from all liability incurred by the development and payment of all reasonable attorney's fees that the town may incur because of any legal action arising from the development.

(8) Any other provisions required by the town as reasonably necessary to comply with the requirements of this chapter.

(b) Deferred agreements. An agreement may be made between the subdivider and the town to defer the construction of public improvements until such time as the improvements are necessary to preserve the general purposes of this title. No such agreement shall be valid until and unless it is secured by a good and sufficient surety bond or cash deposit adequate to cover all the costs and administrative expenses of the improvements in the event of default. The value of the improvements shall be calculated based on the most current prevailing wage rates and Caltrans equipment rates, with inflation factors based on Engineering News-Record (ENR) figures and construction management costs based on the most recent California Multi-Agency Benchmarking Study. If any of these sources are no longer applicable or available, the town engineer shall use reasonable discretion in selecting substitute sources for the calculation of the value of the improvements. If the subdivider or subsequent owner of the subdivision desires to construct the improvements, the town will release the deposit to the subdivider or subsequent owner of the subdivision after the improvements are constructed, inspected, and accepted as complete by the town.

(Ord. No. 573 N.S., § 3, 6-7-2017)

(a) Completion. The subdivider shall complete the subdivision improvements within twelve months from the recording of the parcel map or final map, or at a time approved by the town engineer, not to exceed twenty-four months from the recording of the parcel map or final map, unless an extension is granted in writing by the town. If the subdivider fails to complete the improvements within the specified time, the town may, by resolution of the town council and at its option, cause any or all uncompleted improvements to be completed and the parties executing the surety or sureties shall be firmly bound for the payment of all necessary costs. All improvements are subject to inspection by the town engineer to ensure that they have been completed in accordance with the improvement agreement.

(b) Acceptance. Upon completion of the improvements required by the provisions of this article, the subdivider or his authorized agent shall file a complete set of as-built record drawings with the town engineer. The as-built drawings shall be on polyester base film with a twenty-two inch by thirty-four inch format. All as-built drawings shall also be provided in an electronic format acceptable to the town engineer. Such record drawings shall be certified as to accuracy and completeness by the subdivider's engineer of record. Upon the receipt and acceptance of such record drawings for major subdivisions, the town engineer shall recommend to the town council the formal acceptance of the improvements.

(c) Acceptance of a portion of improvements. When requested by the subdivider in writing, the town may consider acceptance of a portion of the improvements as recommended by the town engineer. The improvements will be accepted by the town council only if it finds that it is in the public interest and such improvements are for the use of the general public. Acceptance of a portion of the improvements shall not relieve the subdivider from any other requirements imposed by this chapter. Acceptance of a portion of the improvements shall be in accordance with subsection (b) of this section.

(Ord. No. 573 N.S., § 3, 6-7-2017)

When required as a condition for approval of a tentative map, the subdivider shall dedicate or make an irrevocable offer of dedication of land within the subdivision that is needed for:

(a) Streets, alleys and other public rights-of-way or easements. Streets and alleys, including access rights and abutters' rights, drainage, public utility easements and other public easements, as deemed necessary by the town engineer. The waiver of direct access rights, as provided by section 66476 of the Subdivision Map Act, may be required if the town determines that the public interest necessitates such a waiver.

(b) Bicycle paths. Bicycle paths as determined in the reasonable discretion of the town engineer to be necessary for the use, safety, and benefit of the residents of the subdivision.

(c) Transit facilities. Local transit facilities such as bus turnouts, benches, shelters, landing pads and similar items that directly benefit the residents of the subdivision.

(d) Parkland/Open Space. Land for open space, park and recreational purposes, based on the general plan parks and recreation element standard of five new acres of parkland per one thousand new residents, and in conformance with the requirements of section 66477 of the Subdivision Map Act. In lieu of such dedication, the town may require the subdivider to make an in-lieu contribution to the town's park & recreation fund, or may require a combination of such land dedication and in-lieu fee pursuant to the requirements of section 66477 of the Subdivision Map Act. Refer to section 14-6.609(l) for specifics.

(e) Drainage facilities. Storm drain rights-of-way or easements as deemed necessary by the town engineer.

(Ord. No. 573 N.S., § 3, 6-7-2017)

(a) Action upon approval of map. At the time the town council approves a final map or parcel map, the town council shall also accept, accept subject to improvement, or reject any offer of dedication. The town clerk shall certify or state on the map the town council's action.

(b) Rescission of rejection. If, at the time the final map or parcel map is approved, any streets, paths, alleys, public utility easements, rights-of-way for local transit facilities that directly benefit the residents of a subdivision, or storm drainage easements are rejected by the town, the offer of dedication shall remain open and the town may at any later date, and without further action by the subdivider, rescind its action and accept and open the streets, paths, alleys, public utility easements, rights-of-way for local transit facilities or storm drainage easements for public use, which acceptance shall be recorded in the office of the Marin County Recorder.

(c) Termination of offers. Offers of dedications may be terminated and abandoned in the same manner as prescribed for the summary vacation of streets by California Streets and Highways Code division 9, part 3 (commencing with section 8300).

(Ord. No. 573 N.S., § 3, 6-7-2017)

The town shall record a certificate with the Marin County Recorder for any dedication for public purpose or for making public improvements or constructing public facilities, other than for open space, parks, or schools. The certificate shall be included on the map and shall conform to applicable provisions of the Subdivision Map Act regarding dedications.

(Ord. No. 573 N.S., § 3, 6-7-2017)

Reservations of land for public use shall be in accordance with sections 66479 through 66482 of the Subdivision Map Act. As a condition of approval of a tentative map, the subdivider shall reserve sites, appropriate in area and location, for parks, recreational facilities, open spaces or other public uses according to the standards contained in this article.

(Ord. No. 573 N.S., § 3, 6-7-2017)

The intent of this section is to set forth standards for the subdivision of land consistent with Town of Tiburon standards and policies, the Subdivision Map Act, and the Tiburon General Plan.

(a) Access.

(1) A subdivision shall abut upon or have an approved access to a public or private street. Each unit or lot within the subdivision shall have access to a public or private street.

(2) Street layout shall be designed to provide for future access to undeveloped property adjoining the subdivision. Reserve strips, or non-access at the end of streets or at the boundaries of subdivisions, shall be dedicated unconditionally to the town when required.

(3) In no event shall lots in a proposed subdivision that do not abut a public or private street be served by access that traverses an existing lot that abuts a public or private street. This does not preclude flag lots where access through an existing parcel abuts an existing property line.

(b) Streets and paths.

(1) Private streets, alleys, or access corridors are not permitted unless approved as part of a major or minor subdivision pursuant to the requirements of this chapter, and provisions are made for their improvement and permanent maintenance.

(2) Streets shall be graded and improved in accordance with generally accepted engineering standards, the standard specifications for public works construction as set forth in the most current Caltrans Standards and Specifications and such standards as approved by the town engineer.

(3) Minimum right-of-way widths for streets and paths shall be as determined by the town engineer or as set forth in an applicable precise development plan.

(4) Reserve strips controlling the access to streets or other public rights-of-way shall generally not be approved unless such strips are necessary for the protection of the public welfare or property.

(5) Pavement design.

a. The structural design of the pavement, including the determination of the thickness and type of sub-base, base, and surfacing to be placed over the basement soil, is subject to the approval of the town engineer.

b. The structural design of the pavement shall be designed in accordance with Caltrans Standards for a 30-year life. Traffic Index for the roadway shall be not less than 7.0 for a residential or local road and not less than 8.0 for a collector and not less than 10.0 for an arterial. The minimum asphalt thickness shall be five inches.

c. The subdivider, at his or her expense, shall make tests of the soil over which the surfacing and base is to be constructed and furnish the test reports to the town engineer for use in determining a preliminary structural design of the road bed. The maximum design R-value for any soil including lime treated soil will be 40. Locations without specific R-values tests shall be assumed for design purposes to have an R-value of 5.

(6) Curbs, gutters, and sidewalks, where required by the town engineer, shall be installed in accordance with generally accepted engineering standards, the standard specifications for public works construction as set forth in the most current Caltrans Standard Plans and Specifications. All sidewalks shall comply with the applicable accessibility requirements of the Americans with Disabilities Act.

(7) Traffic signs, signals, pavement markings, and street name signs conforming to town standards and the latest California Manual on Uniform Traffic Control Devices (MUTCD) shall be installed by the subdivider.

(8) All proposed street names shall be reviewed and approved by the director of community development, police department, applicable fire district, and other interested agencies, prior to filing of a final or parcel map, and shall be shown on such map. Proposed street names for streets that are to be dedicated or otherwise publicly maintained shall be referred to the heritage and arts commission for its recommendations prior to approval of the street names.

(9) Street lights shall be provided in accordance with town standards as required by the town engineer and their location shall be shown on the construction plans in plan view, elevation view, and a typical street cross section.

(c) Lot requirements.

(1) Lots shall comply with the following requirements:

a. Areas and widths of lots. The area and width of lots or parcels in a subdivision map shall conform to the particular zoning district in which the property is located. In instances where the percent of slope of a parcel or lot exceeds fifteen percent, the minimum lot area shall be based on Table 14-1 below. Lot area shall be as defined in chapter 16.

b. In no case shall a minimum parcel or lot area derived from Table 14-1 take precedence over a minimum area derived from the land and structure regulations of the zone in which the property is located when the number derived from Table 14-1 is the lesser of the two numbers.

c. Table 14-1 shall not apply to land in the RPD and RMP zones, but may be used as a guideline in the appropriate sizing of lots.

d. Percent of slope shall be calculated before grading and shall be measured along a line passing through the center of the lot or the building site between lot lines and perpendicular to the natural contours; this choice shall be made by the director of community development.

e. The calculation of percent of slope shall be based on an accurate topographical survey of existing conditions.

f. No lot shall be created which has a frontage of less than sixty-five feet, unless otherwise established by a precise development plan or other zoning permit. Flag lots, where permitted, shall have a minimum frontage of no less than twenty feet.

Table 14-1. Calculation of Minimum Lot Area Based on Percent of Slope

(2) Exception. This subsection (c) shall not apply to any lot or parcel which the subdivider offers to dedicate to the town or any public agency or district.

(d) Water connection.

(1) Water supply facilities shall be shown on all improvement plans and shall be Marin Municipal Water District (MMWD) facilities installed in accordance with MMWD standards.

(2) Water lines shall be installed to the end of new paving on any street that might need a water extension to avoid the need for a trench cut in new paving.

(3) Easements not less than ten feet in width shall be provided within the subdivision where required for construction and maintenance of water facilities or as otherwise required by MMWD.

(e) Sanitary sewers.

(1) Sanitary sewer mains shall be shown on all improvement plans and shall be designed and installed in accordance with the standards of the applicable sanitary district.

(2) All required sanitary sewer laterals shall be shown on all improvement plans and shall comply with the requirements of the applicable sanitary district.

(f) Prime open space preservation. As set forth in the open space and conservation element of the general plan, evaluation of the prime open space characteristics listed below shall be considered during the development review process:

(1) Trees and woodlands.

(2) Ridgelines and views.

(3) Wetlands, water and shoreline areas.

(4) Streams and riparian corridors.

(5) Flood-prone areas and steep slopes.

(6) Wildlife and wildlife habitat.

(g) Grading. Grading shall be reviewed for consistency with policies set forth in the open space and conservation element of the general plan. Grading shall be performed in accordance with town standards, including, but not limited to, the grading standards applied by the town engineer and the building regulations set forth in chapter 13 of this Code. No grading shall be performed without prior review and approval of the town engineer and director of community development and without issuance of a grading permit from the Tiburon Building Division. Grading may be limited to the dry season in the reasonable discretion of the town engineer or building official.

(h) Communications facilities. A subdivision shall provide franchised cable television systems and communication systems, including, but not limited to, telephone and Internet services, an opportunity to construct, install and maintain, on land identified on the map as dedicated or to be dedicated to public utility use, any equipment necessary to extend services to each parcel in the subdivision. For the purposes of this section, "franchised cable television systems" means those systems franchised or licensed to serve the geographical area in which the subdivision is located. This section shall not apply to the conversion of existing dwelling units to condominiums, community apartments, or stock cooperatives.

(i) Energy conservation and solar access.

(1) A subdivision for which a tentative map is required shall provide, to the extent feasible, for future passive or natural heating or cooling opportunities in the subdivision. Examples of passive or natural heating opportunities in subdivision design include design of lot size and configuration to permit orientation of a structure in an east-west alignment for southern exposure.

(2) Examples of passive or natural cooling opportunities include design of lot size and configuration to permit orientation of a structure to take advantage of shade or prevailing breezes.

(3) Consideration shall be given to local climate, to contour, to configuration of the parcel to be divided, and to other design and improvement requirements, and such provision shall not result in reducing allowable densities or the percentage of a lot which may be occupied by a building or structure.

(4) The requirements of this subsection do not apply to condominium projects that consist of the subdivision of airspace in an existing building when no new structures are added.

(j) Natural and cultural resources. Sensitive habitat areas, archeological resources, and designated and potential historic resources shall be shown and identified on the tentative map and on improvement and landscape plans. Such features shall be preserved as required by the town.

(k) Parkland dedications.

(1) As a condition to the approval of a tentative map, the subdivider shall be required to dedicate land, pay fees or a combination of both, for park or recreational facilities in accordance with the provisions of this section, section 66477 of the Government Code, and the parks and recreation element of the general plan. Such fees or dedications shall bear reasonable relationship to the use of the park and recreational facilities by the future inhabitants of the subdivision.

(2) General. The payment of fees, or the dedication of land, or both, shall be in a proportionate amount necessary to provide five acres of property devoted to local park or recreational purposes for each one thousand persons residing in the town.

(3) Exemptions. The following shall be exempt from the provisions of this section:

a. Subdivisions of less than five parcels that are not used for residential purposes unless a building permit for a residential structure is requested for one of the parcels within four years of the date of subdivision approval; and

b. Commercial and industrial subdivisions and condominium projects or stock cooperatives which consist of subdivision of airspace in an existing apartment building more than five years old when no new dwelling units are added.

(4) Payment of fees. Only the payment of fees may be required in subdivisions containing fifty parcels or less, except that when a condominium project exceeds fifty dwelling units, dedication of land may be required notwithstanding the number of parcels may be less than fifty .

(5) Land dedication and fee payment procedure. At the time of approval of a tentative, final or parcel map, the town council shall determine the land to be dedicated and/or fees to be paid by the subdivider based on the provisions of subsection (6) of this section. Covenants for dedicated land shall be submitted to the town prior to approval of a final subdivision map and shall be recorded at the same time as the final map. Fees shall be paid to the town and other public agencies, if applicable, in accordance with the provisions set forth in subsection (i) of section 66477 of the Government Code.

(6) Determination of dedications and fees. Land dedications and fees shall be determined as set forth in this subsection.

a. Formula for dedication of land. Where a park or recreation facility has been designated in the general plan, and is to be located in whole or in part within the proposed subdivision to serve the immediate and future needs of the residents of the subdivision, the subdivider shall dedicate land for a local park sufficient in size and topography that bears a reasonable relationship to serve the present and future needs of the residents of the subdivision. The amount of land to be provided shall be determined pursuant to the following formula:

b. Formula based on population estimate. The formula for determining acreage to be dedicated shall be as set forth in Table 14-2. This table is based on 2010 U.S. Census Information and has been establish pursuant to section 66477 of the Subdivision Map Act.

Table 14-2. Parkland Dedication Formula Based on Population

c. Updated Census Data. At any future point in time, when updated U.S. Census Information is released to the general public and accepted as accurate by the town, the formula set forth in Table 14-2 for determining parkland to be dedicated shall be substituted using the updated Census numbers.

(7) Improvements. The subdivider shall, without credit:

a. Provide full street improvements and utility connections including, but not limited to, curbs, gutters, street paving, traffic control devices, street lighting, street trees and sidewalks to land which is dedicated pursuant to this section;

b. Provide for fencing along the property line of that portion of the subdivision contiguous to the dedicated land;

c. Provide improved drainage through the site; and

d. Provide other minimal improvements which the town council determines to be essential to the acceptance of the land for recreational purposes.

(8) Formula for fees in lieu of land dedication. If the subdivision contains fewer than fifty units or parcels, or if there is no park or recreation facility designated in the general plan to be located in whole or in part within the proposed subdivision to serve the immediate and future needs of the residents of the subdivision, the subdivider shall, in lieu of dedicating land, pay a fee equal to the value of that land. Fees in lieu of land dedication shall be determined in accordance with Table 14-3. Such fees shall be used for a local park which bears a reasonable relationship to serve the present and future residents of the area being subdivided.

Table 14-3. Formula for In Lieu Fee

;sz=8q; Where: D.U. = dwelling units; FMV = fair market value as determined by subsection (10) below; and Buildable Acreage = total acreage of the property minus land below the line of mean high tide.

(9) Number of dwelling units. For the purpose of this section, the number of new dwelling units shall be based upon the number of parcels indicated on the map when in an area zoned for one dwelling unit per parcel. When all or part of the subdivision is located in an area zoned for more than one dwelling unit per parcel, the number of proposed dwelling units in the area so zoned shall equal the maximum allowed under the zone. In the case of a condominium project, the number of new dwelling units shall be the number of condominium units. The term "new dwelling units" does not include dwelling units lawfully in place prior to the date on which the parcel or final map is filed.

(10) Determination of fair market value. The fair market value shall be determined by the town through generally-recognized and accepted methods, including but not limited to a written appraisal report prepared and signed by an appraiser acceptable to the town. The appraisal shall be at the expense of the applicant and shall be prepared immediately prior to the filing of the final map or parcel map. The subdivider shall notify the town of the expected filing date at least six weeks prior to filing the final map or parcel map. If more than one year elapses prior to filing the final map or parcel map, the town will update the appraisal at subdivder's expense. If the subdivider objects to the determined fair market value, he/she may appeal to the town council. The determination of the fair market value shall consider, but shall not be limited to, the following:

a. Approval of and conditions of the tentative subdivision map;

b. The general plan;

c. Zoning;

d. Property location;

e. Off-site improvements facilitating use of the property;

f. Site characteristics of the property; and

g. Comparable property transactions within the market area.

(11) Use of money. Any in lieu fees collected shall be used only for the purpose of acquiring necessary land and developing new or rehabilitating existing park or recreational facilities reasonably related to serving the subdivision.

(12) Commitment of fees. Any fees collected pursuant to this section shall be committed within five years after payment of the fees or the issuance of building permits on one-half of the lots created by the subdivision, whichever occurs later. If the fees are not committed, they, without any deductions, shall be distributed and paid to the then record owners of the subdivision in the same proportion that the size of each lot bears to the total area of all lots in the subdivision.

(13) Development schedule. The town council shall specify how, when, and where it will use the land or fees or both to develop park or recreational facilities.

(14) Credit. Credit against the payment of fees or dedication of land required by this section shall be given in accordance with the provisions of the following subsections.

a. If the subdivider provides park and recreational improvements to the dedicated land, the value of the improvements together with any equipment located thereon shall be a credit against the payment of fees or dedication of land required by this section.

b. Planned developments, real estate developments, stock cooperatives, and community apartment projects, as defined in sections 11003, 11003.1, 11003.2, 11003.4 and 11004, respectively, of the Business and Professions Code, and condominiums, as defined in section 783 of the Civil Code, shall be eligible to receive a credit, as determined by the town council, against the amount of land required to be dedicated, or the amount of the fee imposed, pursuant to this section, for the value of private open space within the development which is usable for active recreational uses. For the purposes of this section, private open space is that open space which is available to all residents within the development.

(Ord. No. 573 N.S., § 3, 6-7-2017)