8-8-1: LAND DEDICATIONS AND FEES IN LIEU OF DEDICATIONS:
   A.   School Lands:
      1.   All residential subdivisions and mixed use subdivisions containing a residential component shall provide for public school sites to serve the proposed subdivision and the future residents thereof in accordance with these provisions. (Ord. 282, Series of 1999)
      2.   Provisions of land areas for schools shall be at the rate of 0.0450 acres per single-family dwelling unit in single family residential subdivisions consisting of four (4) or fewer lots; 0.0180 acres per single family dwelling unit in single family residential subdivisions consisting of five (5) or more lots, and 0.0180 acres per multifamily dwelling unit allowable within the subdivision. Calculations as to the areas to be so conveyed shall be initially made by the subdivider prior to submission to the Town. Such provision may include, subject to the Town Council's approval: (Ord. 516, Series of 2018)
         a.   Dedication of such sites and land areas to the Town. Dedication of such sites and land areas shall be made at the time of final platting in one or any combination of the following ways:
            (1)   By dedicating to the Town, a Municipal corporation, in fee simple, on the final plat, or
            (2)   By granting the land areas in fee simple by general warranty deed to the Town.
      3.   Land conveyed to the Town for public school sites shall be transferred and conveyed to the school district pursuant to stipulations in agreements between the Town and the school district.
      4.   Land areas that shall not be acceptable in determining the fulfillment of the requirements for the provision of land areas for public school sites shall include the following:
         a.   Natural drainageways, streams, gullies and rivers including all lands within the 100-year floodplain, unless the school district specifically accepts a certain portion thereof for a reasonable use and it is approved by the Town Council;
         b.   Right-of-way and/or easements for irrigation ditches and aqueducts; and
         c.   Steep or rugged land areas, hazardous geological land areas, hazardous wildfire land areas and such other areas as are not conducive for use as school sites in the written opinion of the school district.
      5.   Improvements that shall be constructed or installed on or adjacent to designated school sites shall be as follows:
         a.   Curb, gutter, and pavements, in accordance with the Town's standards and ordinances;
         b.   Utilities shall be extended to the property line; and
         c.   All drainage structures and facilities. (Ord. 282, Series of 1999)
      6.   In lieu of dedication of land areas for public school sites, the Town may require the payment of a sum of money not to exceed the full market value of such dedication sites and land areas immediately prior to platting. (Ord. 516, Series of 2018)
         a.   Full market value shall be determined by mutual agreement between the subdivider and the Town Council and in all cases, infrastructure (street, utility) improvements will not be taken into account by the Town. In the event of inability of the above parties to agree on the full market value of the sites, an independent party, being a qualified Colorado appraiser, shall be selected by the mutual agreement of the Town and the subdivider. Said independent party's findings on full market value of the site shall be final and binding on all parties. A qualified appraiser shall be a member of the Appraisal Institute (MAI) or a member of the Society of Real Estate Appraisers (SRA). The subdivider shall pay the cost of said appraisal. (Ord. 282, Series of 1999)
         b.   The Town shall use the following process when calculating the fees:
            (1)   For single-family subdivisions, payments in lieu of dedication shall be equivalent to the market value of 0.0450 acres per single-family dwelling unit in single-family residential subdivisions consisting of four (4) or fewer lots; 0.0180 acres per single family dwelling unit in single-family residential subdivisions consisting of five (5) or more lots.
            (2)   For multi-family or mixed use subdivisions, payments in lieu of dedication shall be collected based upon number of lots and the final number of multi-family units constructed. At final condominium and/or townhome plat, the fee in lieu of land dedication collected shall be equivalent to the market value of land area for the total number of units multiplied by 0.0450 acres per single-family dwelling unit in single-family residential subdivisions consisting of four (4) or fewer lots; 0.0180 acres per single-family dwelling unit in single-family residential subdivisions consisting of five (5) or more lots, and 0.0180 acres per multi-family dwelling unit.
         c.   Payments made under this section shall be paid to the Town no later than at the time of final plat submittal and/or final condominium/townhome plat approval. (Ord. 516, Series of 2018)
            (1)   Such funds shall be deposited by the Town in a special interest bearing account. Each deposit shall be credited to the name of the subdivision for which the payment is made. The status of this account shall be reported annually to the Town Council.
            (2)   Funds may be periodically withdrawn from the special account by the Winter Park Town Council upon the request of the East Grand School District, or any successor to the East Grand School District, for the acquisition of land for public or charter schools which will be attended by residents of Winter Park or for other capital outlay purposes for public or charter schools which will be attended by residents of Winter Park. The Town Council shall be empowered and entitled to inquire in writing of, and to receive a written reply from, the East Grand School District or its successor as to the use which will be made of any funds withdrawn by the Town Council for the benefit of the school district. Distribution of such funds from the Town to the school district shall be made upon receipt by the Town of an acceptable written reply to the inquiry described above and use of such released funds shall be expressly limited to capital outlays which are expended on schools which are attended by Winter Park residents, unless otherwise agreed in writing by the Winter Park Town Council. (Ord. 400, Series of 2007)
         d.   The Town Council may from time to time direct the Town staff to revise the rationale (the formula) to be used to determine the sums of money to be paid in lieu of dedication of land areas.
      7.   Any subdivider may, upon written request submitted to the Town Manager and at its sole cost and expense, obtain an individualized determination of whether the school land dedication requirements set forth in this chapter are roughly proportional to a need created by the proposed development. Such individualized determination shall be conducted in accordance with procedures promulgated by the Town Manager. The individualized determination may result in a school land dedication requirement or fee in lieu of thereof which is either more or less than the presumptive requirement set forth in subsection A2 of this section. (Ord. 282, Series of 1999)