(a) Purpose. It is declared to be the policy of the City, whenever there is an annexation of property into the City for residential development purposes, a proposed increase of residential use resulting from rezoning a property, an amendment to a planned unit development, or development of subdivision, the owner of the land shall provide land for school needs generated by the proposed residential use. It is the purpose of this Section to require the dedication of land or the payment of fees in lieu thereof directly for the benefit of the schools of the City.
(b) Amount of land dedicated. Land shall be dedicated or conveyed for a public school site to the Creede School District #1 ("School District"), or in the event the dedication of land is not deemed feasible or in the best interests of the School District as determined by the Superintendent or designee of the School District, payment in-lieu of land dedication or conveyance shall be required. The amount of contribution of either land or payment in-lieu of land shall be determined pursuant to the following formula:
(1) Single-family and duplex or primary secondary: Number of units x .014495 = dedication requirement in acres.
(2) Multi-family: Number of units x .002676 = dedication requirement in acres.
(c) Conveyance. In the event the school site dedication includes dedication of land, prior to recording the final plat the following items shall be completed:
(1) The land shall be conveyed to the School District, by general warranty deed, title to the land slated for dedication, which title is free and clear of all liens, encumbrances and exceptions (except those approved in writing by the School District), including, without limitation, real property taxes, which will be prorated to the date of conveyance or dedication.
(2) Proof of the dedication or conveyance shall be provided to the City.
(3) At the time of dedication or conveyance, a title insurance commitment and policy in an amount equal to the fair market value of the dedicated property shall be provided.
(4) The public improvement agreement shall provide for the installation of the streets adjacent to the school site, the installation of water, sewer and other public utilities to the school site and over lot grading of the school site.
(d) Cash in-lieu of land dedication. In the event the school site dedication includes payment in-lieu of the dedication of land, prior to the issuance of any building permit for any residential dwelling unit not otherwise exempt under §9-5-100 below, cash in-lieu shall be paid to the City on behalf of the School District. The City, in cooperation with the School District, shall establish cash in-lieu of land dedication fees under a separate ordinance.
(e) Storm drainage facilities; purpose. To promote innovative and effective land and water management techniques that protect and enhance water quality. All storm drainage facilities will be designed by an engineer, recommended by the City Engineer and approved by the Board of Trustees.
(Ord. 395 §3, 2016)