16.28.050  FORMULA FOR FEES IN LIEU OF LAND DEDICATION.
   A.   General Formula; Fifty-one Parcels or More. If there is no park or recreation facility designated in the Pinole general plan to be located in whole or in part within the proposed subdivision to serve the immediate and future needs of the residents of the subdivision, the subdivider shall, in lieu of dedicating land, pay a fee equal to the value of that land, plus twenty percent toward costs of off-site improvements, prescribed for dedication in Section 16.28.040 of this chapter, and in an amount determined in accordance with the provisions of Section 16.28.060 of this chapter, such fee to be used for a local or community park which bears a reasonable relationship to serve the present and future residents of the area being subdivided.
   For the purposes of this chapter, “off-site improvements” are defined as those improvements which would have been required if land had been dedicated using the provisions of Section 16.28.040.
   B.   Fees in Lieu of Land; Fifty Parcels or Less. if the proposed subdivision contains fifty parcels or less, the subdivider shall pay a fee equal to the land value, plus twenty percent toward costs of off-site improvements, of the portion of the local park required to serve the needs of residents of the proposed subdivision as prescribed in Section 16.28.040 of this chapter and in an amount determined in accordance with the provisions of Section 16.28.060. However, nothing in this section shall prohibit the dedication and acceptance of land for park and recreation purposes in subdivisions of fifty parcels or less, where the subdivider proposes such dedication voluntarily and the land is acceptable to the planning commission.
   C.   Use of Money. The money collected hereunder shall be used only for the purpose of acquiring necessary land and developing new or rehabilitating existing park or recreational facilities reasonably related to serving the subdivisions. (Ord. 461 § 1(part), 1984).