(A) Whenever a tentative map, which is subject to the provisions of this chapter, is submitted to the city, it shall be accompanied by a written statement from the subdivider stating whether the subdivider intends to dedicate land, pay fees in lieu thereof, or a combination of both for park and recreational purposes. Should the subdivider intend to dedicate land for this purpose, consultation with the board as to the appropriateness of the area to be dedicated shall be determined prior to its being shown on the tentative map being submitted.
(B) The conditions of approval of a tentative map, subject to the provisions of this chapter, shall require the dedication of land, the payment of fees in lieu thereof, or a combination of both for park and recreational purposes to serve the future inhabitants of the subdivision. If the land is to be dedicated, the proposed dedication shall be shown on the approved tentative map. If fees are to be paid, the provisions of subsection 10-11-6(K) of this chapter shall apply.
(C) The amount and location of land to be dedicated and/or the fees to be paid shall bear a reasonable relationship to the use of the park and recreational facilities by the future inhabitants of the proposed subdivision.
(D) All land dedicated, fees paid, or a combination of both, are to be used for the purpose of purchase of land or developing and/or rehabilitating existing neighborhood or community park and recreational facilities that serve the residents of the subdivision.
(E) The amount of property to be dedicated and the amount of any fees to be paid shall be as set forth in section 10-11-7
of this chapter.
(F) Whenever subsequent development occurs on property for which fees have been paid or land dedicated, no additional fees or dedications shall be required except as to any additional lots or dwelling units which were not subject to a prior fee or dedication requirement.
(G) Land shall be conveyed in a fee simple to either the City or the District, whichever may apply, as may be determined by the Board, free and clear of all encumbrances except those which will not interfere with the use of the property for its intended purposes and which the City or District agrees to accept. All deeds shall be delivered to the City or the District before approval of the final map. If the final map is disapproved, or if it is withdrawn by the subdivider, the deeds shall be returned to the subdivider. If the final map is approved, the deeds shall be recorded by the City or the District at the time the final map is recorded. No deed for dedication of land shall be accepted unless it is accompanied by a policy of title insurance, secured by the subdivider, in an amount equal to the value of the land dedicated.
(H) Whenever land has been conveyed or fees have been paid and no final map is recorded or, if recorded, is reverted to acreage, the city or district, whichever may apply, shall, at its option, either reconvey all land dedicated to it, repay all fees paid without interest, allow the developer a credit for any land dedicated or fees paid to be applied only to a new subdivision on the same property, or make other arrangements agreeable to both the Board and the subdivider.
(I) Land which has been dedicated and accepted may be sold by the City or District, whichever may apply, if the subdivider has not begun substantial construction on the subdivision and the Board determines that another site would be more suitable for a park or recreational facilities. The proceeds from the sale of the land must then be used for the purchase of the more suitable site.
(J) Where a proposed subdivision lies within an unincorporated area, but application has been made to annex said land into the city, the subdivider shall dedicate land, pay a fee in lieu thereof, or a combination of both, in accordance with the provisions of this chapter.
(K) Whenever fees are to be paid, the fees shall be paid at such time as agreed upon by the subdivider and the City or District, whichever may apply, through the conditions of approval of the tentative map. Payment may be required prior to recordation of the final map if the fees are to reimburse the City or the District for expenditures previously made or if the City or District determines that the fees will be collected for park and recreation facilities for which an account has been established and funds appropriated and for which the City or the District has adopted a proposed construction schedule or plan. Payment may be deferred to the date of the issuance of building permits, or the date of final inspection or the date the certificate of occupancy is issued, whichever occurs last. If the payment of fees is deferred, the City or District may determine whether the fees shall be paid on a pro rata basis for each dwelling unit when it received its final inspection or certificate of occupancy, on a pro rata basis when certain percentages of the dwelling units have received their final inspections or certificates of occupancy, or on a lump sum basis when the last dwelling in the development receives its final inspection or certificate of occupancy.
(L) Whenever fees are paid pursuant to this chapter, the City or the District, whichever may apply, shall deposit them into a separate subdivision park trust fund.
(M) All fees paid shall be used only for the purpose of developing new or rehabilitating existing neighborhood or community park and recreational facilities to serve the residents of the subdivision. The development of new park and recreational facilities includes, but is not limited to, the acquisition of land for neighborhood or community parks for recreational purposes.
(N) Fees paid pursuant to this chapter shall be expended for use only within the boundaries of the city and as specified herein and the City and District shall maintain appropriate records to reflect such expenditures; except as provided in subsection (J) of this section.
(O) All fees collected pursuant to this chapter shall be committed by the city or the district, whichever may apply, for a specific project to serve residents of the subdivision in a budgetary year either within five (5) years of receipt of said fees or five (5) years after the issuance of building permits on one-half (½) of the lots created by the subdivision, whichever occurs later. If the fees are not so committed, the fees received shall be distributed to the then record owners of the subdivision in the same proportion that the size of their lot bears to the total area of all lots in the subdivision. (Ord. 839-20, 10-20-2020)