§ 89.02.030  Requirements.
   Land or fees required under this Chapter shall be conveyed or paid directly to the County or the public agency.  The County, or public agency, after accepting the land or funds, shall develop the land or use the funds in compliance with this Section.
   (a)   Use of Fees and Land.  The fees, land, or combination thereof are to be used only for the purpose of providing park or recreational facilities within the agency which will serve or benefit future residents of the subdivision.
   (b)   Establishment and Development Time.
      (1)   The Board, in agreement with the public agency having park responsibility, shall specify by resolution at the time approval is given to the final map when the development of a park or recreation facility to serve the subject subdivision will begin.
      (2)   The starting date shall be reasonable with respect to the following criteria:
         (A)   The need for the park or facility;
         (B)   Weather constraints;
         (C)   Minimized disruption of the neighborhood; and
         (D)   The accumulation of the necessary funds and land.
   (c)   Land Disposition.  In the event that opportunities for better recreation facilities than those provided by the dedication materialize, the dedicated land may be sold with the proceeds from the sale being used for suitable park and recreation facilities which better serve the neighborhood in which that subdivision is located.
   (d)   Payment of Fees.  Only the payment of fees shall be required in subdivisions of less than 50 parcels unless agreed otherwise by the Board and the subdivider.
   (e)   Standards for Dedication.
      (1)   The amount of land to be dedicated or the fees to be paid shall bear a reasonable relationship to the use or benefits of the park and recreation facilities by the future residents of the subdivision.
      (2)   The Board, upon the recommendation of the designated public agency having park responsibility, shall set by resolution the ratio of park acres for each 1,000 of population anticipated from the future subdivision.
      (3)   The ratio may be set to maintain the existing level of park acres per 1,000 population served by the public agency.
   (f)   Amount of Park Fees Required.  When the requirements of this Chapter are complied with solely on the basis of providing park fees, the minimum amount of fees to be paid shall be computed by using the following formula:
 
NSP (L + D)
=
minimum fee
1,000
 
WHERE:
N
=
number of proposed dwelling units
S
=
planned park acreage per 1,000 population
P
=
population per dwelling unit on a scale and density set by the responsible public agency
L
=
fair market value per acre of land being subdivided
D
=
average cost per acre to develop a park as determined by the public agency
 
   (g)   Amount of Land Required.  Whenever the requirements of this Chapter are complied with solely on the basis of providing park land, the minimum amount of land required shall be the amount which could be purchased with the fees computed in Subdivision (f), above.
   (h)   Determination of Fair Market Value.  The fair market value shall be determined as of the date of filing of the parcel map or final map in compliance with the following:
      (1)   The fair market value as determined by the Board based upon the market value of the land as a part of the subdivision, not as raw acreage, in compliance with the current practice of the County Assessor;
      (2)   If the subdivider objects to the evaluation, the subdivider may, at the subdivider’s own expense, obtain an appraisal of the property by a qualified real estate appraiser from the general area, approved by the County, which appraisal may be accepted by the Board if found reasonable; or
      (3)   The County and subdivider may agree to the fair market value.
   (i)   Combination of Park Land and Fees Required.  When only a portion of the required park land is dedicated as required in Subdivision (g), above, a fee computed in compliance with Subdivision (f), above shall be paid for any additional land that would have been required to be dedicated.
(Ord. 4011, passed - -2007)