(A) Impact fee generally required. Where required by the city or where no park or recreational facility located in whole or in part within the proposed subdivision is designated in the general plan of the city, the city's master plan of parks or other adopted resolution policy or standard of the city, the subdivider shall pay an impact fee computed in accordance with § 16.35.050 to be used for park and recreational purposes to serve the residents of the area being subdivided and other members of the public.
(B) Dedication in lieu of impact fee. Where a park or recreational facility has been designated in the general plan of the city, the city's master plan of parks or other adopted resolution policy or standard of the city, 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 that subdivision and other members of the public, the city may require the subdivider to dedicate land for park and recreational purposes and provide recreational facilities thereon in lieu of payment of an impact fee as provided in this chapter if the city determines that dedication is desirable as provided in this section. If the fair market value of the park and recreational facilities provided is less than that required hereunder, the difference shall be paid by the subdivider as an impact fee.
(C) Combination of land and fees. The city may accept a combination of land, recreational facilities and fees, with the respective amounts to be determined in the sole discretion of city, so long as the aggregate fair market value of the land and recreational facilities plus in-lieu fees does not exceed the limits established in this chapter.
(D) Determination of land or fee. Whether the city requires payment of an impact fee, or accepts land dedication in lieu thereof, or a combination of both, shall, in the city's sole discretion, be determined by consideration of the following:
(1) The provisions of the city's general plan, master plan of parks, any specific plan adopted thereto, and any other adopted resolution, policy or regulation of the city;
(2) Topography, geology, access and location of land in the subdivision available for dedication;
(3) Size and shape of the subdivision and land available for dedication;
(4) The feasibility of dedication;
(5) Access and location of other park sites to subdivision; and
(6) Need of other accessible park sites for development, improvement and rehabilitation.
(7) The determination of the city as to whether an impact fee shall be charged or land dedicated, or a combination thereof, shall be final and conclusive.
(E) Impact fees for subdivisions of fifty parcels or less. If the subdivision contains 50 parcels or less, only the payment of fees may be required, except that condominium, stock cooperative or community apartment projects may be required to dedicate land if they have more than 50 dwelling units.
(Ord. 2845 § 2 (part), 2006)