The procedure for determining whether the subdivider is to dedicate land, pay a fee, or both, shall be as follows:
A. Action By Subdivider: At the time of filing a tentative tract map or tentative parcel map for approval, the subdivider shall, as part of such filing state in writing whether such subdivider desires to dedicate property for park and recreation purposes or to pay a fee in lieu thereof. If the subdivider desires to dedicate land for this purpose, the area shall be designated on the tentative tract or parcel map as submitted.
B. Actions Of Town: At the time of the tentative tract map or tentative parcel map approval, the parks, recreation and cultural commission (the "advisory agency") shall recommend to the planning commission, and town council if required, whether to require dedication of the land within the subdivision, payment of a fee in lieu thereof, or a combination of both, and shall incorporate such recommendation, as may be amended, as a part of its approval of the tentative tract map or tentative parcel map.
C. Prerequisites For Approval Of Final Map: Where dedication is offered and accepted, it shall be accomplished in accordance with the subdivision map act. Where fees are required, such fees shall be deposited with the town prior to the approval of the final tract map. Open space covenants for private park or recreation facilities shall be submitted to the town prior to the approval of the final tract map and shall be recorded contemporaneously with the final tract map.
D. Determination: The parks, recreation, and cultural commission shall recommend whether to require land dedication, require payment of a fee in lieu thereof, or a combination of both, by consideration of the following:
1. Recreational element of the town's general plan and the town's parks master plan; and
2. Topography, geology, access and location of land within the subdivision available for dedication; and
3. Size and shape of the subdivision and land available for dedication.
E. Conveyances: All dedications of land shall be in accordance with the subdivision map act. Land shall be conveyed in fee simple to the town free and clear of all encumbrances. Properly executed deeds shall be delivered to the town before the approval of the final map or parcel map. The subdivider shall also obtain at its sole cost, a policy of title insurance insuring the town in an amount equal to the value of the dedicated land. If the final map or parcel map is disapproved, or if it is withdrawn by the subdivider, the deeds shall be returned to the subdivider. If the final map or parcel map is approved, the deeds shall be recorded concurrently with the final map/parcel map by the town. (Ord. 254, 12-16-2014)