It is hereby declared to be the policy of the town that whenever there is a major subdivision, which is subdivided for residential use or partial residential use, the owner of the land shall provide land for school needs generated by the proposed residential use. It is the purpose of this chapter to require the dedication of land or the payment of fees in lieu thereof, or both, to fulfill such needs.
(Ord. 1(1991) § 1)
(A) Dedication formula. The subdivider of land in each residential major subdivision or portion of the subdivision which is intended for residential use, shall allocate and convey sites in land areas for schools when such are reasonably necessary to serve the proposed subdivision and future residents thereof, by the application of the formulas set forth below:
(1) Single-family and duplex or primary secondary.
number of units x .014495 = dedication requirement in acres |
(2) Multi-family.
number of units x .002676 = dedication requirement in acres |
(B) Land held by town. When land is dedicated for the purpose of providing a school site, it shall be that which is usable by the Eagle County School District for such purpose, and shall be maintained by the School District in a reasonable manner until developed. Said land shall be held by the town for the School District until required by the School District. In the event that the School District determines subsequent to dedication that the dedicated school site is not reasonably necessary, the Town Council may, at the request of the School District, sell the land.
(C) Cash in lieu of. When sites and land areas for schools are not reasonably necessary to serve the proposed subdivision and future residents thereof, the Town Council, with recommendations from the School District and other affected entities, shall require, in lieu of such conveyance of land, the payment in cash by the subdivider of an amount not to exceed the full market value of such sites and land areas for schools.
(D) Full market value. The full market value shall mean the current market value of unimproved land. This value shall be set annually by the Town Council on an acre basis with recommendations from the School District. The same value per acre shall be used throughout the town.
(E) Consensus on land value. If the subdivider does not agree with the value per acre, the subdivider may submit the report by a qualified appraiser who is M.A.I. designated, which establishes a new value. The Town Council shall review the report and determine if the value is reasonable. Based upon their review, the Town Council will determine the value of such land.
(F) In-lieu monies held by town. When money in lieu of land is required or when monies have been paid to the Town Council from the sale of such dedicated sites for schools, it shall be held by the Town Council for the acquisition of reasonably necessary sites for the construction of school facilities, for the construction of employee housing required by the School District, for the purchase of employee housing units for the School District, or for the development of such sites. If housing units are purchased, a deed restriction restricting their use to School District employee housing shall be required and ownership shall remain in the name of the School District. A subdivision school dedication shall apply only once to the same land area. Dedication shall not be required of resubdivisions of the same land on a dedication that has previously been made.
(Ord. 1(1991) § 1)