Sec. 9-8.05.  Dedication of land or payment of fees required.
   Unless otherwise specifically excepted, every owner or developer of a residential development situated in or served by an attendance area with conditions of overcrowding shall dedicate land, pay fees in lieu thereof, or a combination of both for classroom and related facilities for elementary or high schools as a condition to the approval of a residential development.
   When a fee is required to be paid in lieu of land dedication, the amount of such fee shall be the sum of Two Thousand Two Hundred and no/100ths ($2,200.00) Dollars per pupil which, in either the current fiscal year or any one of the next succeeding four (4) fiscal years, will be expected to reside in the dwelling unit or units authorized by the proposed residential development permit and will be expected to enroll in a school or schools serving the attendance area in which such dwelling unit or units will be located.  The amount of such fee per pupil, and the factor or criteria to be used in determining the estimated number of pupils expected to reside in the dwelling units authorized by the permit and expected to enroll in a school or schools serving the attendance area, may be determined and modified from time to time by resolution of the Council on the basis of evidence submitted to it by the school district and other interested parties.
   The minimum amount of land required to be dedicated pursuant to the provisions of this chapter shall be at least equal in monetary value to the fees which would be otherwise required by this section.  The Council shall determine and establish the monetary value of land area for the purposes of this chapter.
   Only the payment of fees shall be required in subdivisions containing fifty (50) parcels or less.
(§ 1, Ord. 684-NS, eff. August 17, 1978)