(a) Facilities requirement. In all new single family, multi-family, planned residential or planned unit developments, a school facility dedication shall be made to the appropriate school board. Said dedication shall be suitable for development and the intended use to meet the need generated by the proposed development in compliance with the school district's adopted School Facility's Plan. All of the dedicated school land shall be suitable for construction of school facilities and associated outdoor areas. The dedicated school land shall be a single parcel, centrally located within the service radius, with public access to adjacent street frontage, and free from hazards that would threaten the safety of those using the land.
(b) Land Dedication formula. The formula for land dedication for schools is 0.03 acres per single-family dwelling unit proposed. The formula for multi-family dwelling unit is as follows: 0.01 acres for every one bedroom dwelling unit proposed; 0.015 acres for every two bedroom dwelling unit proposed; and 0.03 acres for every dwelling unit of three bedrooms or more proposed. The Municipal Council reserves the right to adjust the acreage requirements as deemed necessary to meet the specific needs of the applicable school district. The following is the minimum acreage requirement per school: Elementary = 10 acres; Middle = 25 acres; High = 50 acres; Middle and High combined = 70 acres.
(c) Cash-in-lieu of Land Dedication. Cash-in-lieu of land dedication shall be permitted when deemed by the school board to be more appropriate.
(d) Combination of Dedication and Cash-in-lieu. The applicant may propose a combination of cash-in-lieu of land dedication. The value of the combination of both the land dedication and the cash-in-lieu of land shall not exceed the fair market value of the total required dedication.
(e) Process.
(1) The appropriate school board shall review the applicant's request to dedicate land, pay cash-in-lieu of land dedication, or a combination of said alternatives and make a recommendation to the Municipal Council.
(2) If the developer and school board cannot agree on the land dedication or cash-in-lieu of land dedication requirement, the Municipal Council shall determine said requirement.
(3) The cash-in-lieu fee shall be equivalent to the fair market value of the acreage required for school land dedication at the time of Preliminary Plan approval. Value shall be based on anticipated market value after completion of platting. The applicant shall submit a proposal for the cash-in-lieu and supply the information necessary for the appropriate school board to evaluate the adequacy of the proposal. This information shall include at least one (1) appraisal of the property by a licensed appraiser.
(f) Conveyance of Land or Payment of Fees. The conveyance of land or payment of fees obtained through the school facilities requirement shall be required prior to the municipality's signing of the Final Plat. The conveyance of dedicated school land to the appropriate school district shall be by warranty deed and the title shall be free and clear of all liens and encumbrances, including real property taxes prorated to the time of conveyance. The applicant shall provide a title insurance policy in the school district's name and a certified survey at the time of conveyance.