Windsor Municipal Code Art. 6 Dedications and Reservations

As a condition of approval of a tentative 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 alleys (including access rights and abutters' rights), drainage and creek setback areas, trails, public greenways, scenic easements, public utility easements, and other public easements. In addition, the subdivider shall improve or agree to improve all streets and alleys (including access rights and abutters' rights), drainage and creek setback areas, trails, public utility easements, and other public easements. Improvements shall be in accordance with Article 8 of this Chapter.

(Ord. No. 2009-253, § 2, 7-15-2009)

Please refer to Chapter 3 of Title 16 of the Municipal Code.

(Ord. No. 2009-253, § 2, 7-15-2009)

a. General. As a condition of approval of a final subdivision map, a subdivider who develops or completes the development of one (1) or more subdivisions within a school district shall dedicate to the school district such lands as the Town shall deem necessary for the purpose of constructing thereon schools necessary to assure the residents of the subdivision adequate elementary school service.

b. Procedure. The requirement of dedication shall be imposed at the time of approval of the tentative map. If within thirty (30) days after the requirement of dedication is imposed by the Town, the school district does not offer to enter into a binding commitment with the subdivider to accept the dedication, the requirement shall be automatically terminated. The required dedication may be made any time before, concurrently with, or up to sixty (60) days after the filing of the final map on any portion of the subdivision.

c. Payments to Subdivider for School Site Dedication. The school district shall, if it accepts the dedication, repay to the subdivider or his or her successors the original cost to the subdivider of the dedicated land, plus a sum equal to the total of the following amounts:

1. The cost of any improvements to the dedicated land since acquisition by the subdivider;

2. The taxes assessed against the dedicated land from the date of the school district's offer to enter into the binding commitment to accept the dedication;

3. Any other costs incurred by the subdivider in maintenance of such dedicated land, including interest costs incurred on any loan covering such land.

d. Exemptions. The provisions of this Section shall not be applicable to a subdivider who has owned the land being subdivided for more than ten (10) years prior to the filing of the tentative maps.

(Ord. No. 2009-253, § 2, 7-15-2009)

a. General. As a condition of approval of a tentative map, the subdivider shall reserve sites, appropriate in area and location, for parks, recreational facilities, fire stations, libraries, or other public uses according to the standards and formula contained in this Section.

b. Standards for Reservation of Land. If a park, recreational facility, fire station, library, or other public use is shown on an adopted specific plan or the General Plan containing a community facilities element, recreation and parks element, and/or a public building element—including implementation plans such as a Bicycle and Pedestrian Master Plan, Downtown Plan, Redevelopment Plan, and Park and Recreation Master Plan—the subdivider may be required by the Town to reserve sites as so determined by the Town in accordance with the principles and standards contained in the specific plan or General Plan. The reserved area must be of such size and shape as to permit the balance of the property within which the reservation is located to develop in an orderly and efficient manner. The amount of land to be reserved shall not make development of the remaining land held by the subdivider economically unfeasible. The reserved area shall be consistent with the adopted specific plan or the General Plan and shall be in such multiples of streets and parcels as to permit an efficient division of the reserved area in the event that it is not acquired within the prescribed period.

c. Procedure. The public agency for benefit of which an area has been reserved shall, at the time of approval of the final map or parcel map, enter into a binding agreement to acquire such reserved area within two (2) years after the completion and acceptance of all improvements, unless the period of time is extended by mutual agreement.

d. Payment to Subdivider. The purchase price shall be the fair market value thereof at the time of the filing of the tentative map plus the taxes against such reserved area from the date of the reservation and any other costs incurred by the subdivider in the maintenance of the reserved area, including interest costs incurred on any loan covering the reserved area.

e. Termination. If the public agency for the benefit of which an area has been reserved does not enter into a binding agreement, the reservation of such area shall automatically terminate.

(Ord. No. 2009-253, § 2, 7-15-2009)

If tentative or vesting tentative map approval contains a condition requiring a dedication that the subdivider claims is excessive, claims shall be processed according to Section 66475.4 of the Subdivision Map Act.

(Ord. No. 2009-253, § 2, 7-15-2009)