In determining whether to accept a request for payment of fee-in-lieu, the Planning Director may rely on any of the following review criteria.
A. Park Land.
1. There is sufficient public park land in proximity to the proposed development based on a review of the Town's adopted policy guidance and information from Town staff;
2. Private common open space resources provided on the subject site will be available for public use and will mitigate park land needs created by the proposed development;
3. Collected funds could be utilized to further improve an existing park facility in a proximate location;
4. The topography or other natural conditions of the site do not provide adequate opportunities for on-site recreation and park areas;
5. The amount of park land to be dedicated is too small to provide adequate recreation and park opportunities or to be efficiently maintained;
6. The intended location of the park land is too far from existing recreation and park areas to be efficiently maintained; or
7. Adequate access is not available to the proposed park land.
B. Greenway Land.
1. The conditions on the land make installation or operation of a greenway segment impossible or cost prohibitive for the Town;
2. The potential for the connection of a proposed greenway segment to the Town's greenway network is unlikely within the foreseeable future, in the opinion of Town staff; or
3. There are suitable alternatives to a greenway segment, such as a multi-purpose trail, in close proximity to the proposed site.
C. Streets.
1. The proposed street alignment creates a unacceptable environmental impact; or
2. The proposed street is impossible or impractical to build based on topography, slope, soil conditions, or development patterns on adjacent lands.
D. Sidewalks.
1. The potential for the connection of a proposed sidewalk segment to the Town's sidewalk network is unlikely within the foreseeable future, in the opinion of Town staff; or
2. There are suitable alternatives to a sidewalk, such as a greenway, in close proximity to the proposed site.
E. Vegetation.
1. The proposed location of vegetation will not support healthy vegetation due to shading or topographic conditions
2. The site where vegetation is proposed is incapable of supporting additional vegetation due to the presence of exiting vegetation, buildings, or impervious surfaces.
(Ord. 2020-36, passed 12-2-2019)