Any lands to be conveyed as a school site pursuant to these regulations shall be conveyed to the school district within thirty (30) days of the approval of the final plat. If the conveyance is acceptable to the board of education, it shall take formal action accepting the conveyance. Said conveyance shall be in accordance with the following criteria:
A. All sites shall be conveyed to the board of education either by warranty or trustee's deed. The subdivider or developer shall be responsible for conveying good, merchantable title, free of encumbrances, unless the encumbrances are waived by the board of education, to the board of education. The subdivider or developer shall be responsible for the payment of all real estate taxes to the date of conveyance.
B. The slope, topography and geology of the dedicated site as well as its surroundings must be suitable for its intended purpose. The site must be free of environmental and archaeological concerns.
C. All sites shall be dedicated in a condition ready for full service of electrical, water, sewer, drainage and streets as applicable to the location of the site, or acceptable provision made therefor.
D. When, in the opinion of the board of education, any parcel of land conveyed pursuant to these regulations becomes unnecessary, unsuitable, or inconvenient for the uses of the school district such parcel may be sold as provided by applicable law. The proceeds of such sale shall be used in a manner consistent with the purposes of this division.
E. No zoning certificate shall be issued until said conveyance has been made.
F. When the development is small and the resulting site is too small to be practical or when the available land is inappropriate for a school site, as determined by the board of education, the county shall require the subdivider or developer to pay a cash contribution in lieu of the land dedication required.
G. There will be situations, as determined by the board of education, in subdivisions or planned developments when a combination of land dedication and a contribution in lieu of land is necessary. These occasions will arise when:
1. Only a portion of the land to be developed is proposed as the location for a school site. That portion of the land within the subdivision falling within the school location shall be dedicated as site as aforesaid, and a cash contribution in lieu thereof shall be required for any additional land that would have to be dedicated;
2. A major part of the school site has already been acquired and only a small portion of land is needed from the development to complete the site. The remaining portions shall be required by dedication, and a cash contribution in lieu thereof shall be required. (Res., 6-22-2006)