Chapter 9.94 — DEDICATION AND EXACTIONS

This chapter establishes standards for subdivider dedications of land or payment of fees, in conjunction with subdivision approval. (Ord. 242, 9-3-2013)

Each proposed subdivision shall comply with the requirements of this chapter for dedications, reservations, or the payment of fees. (Ord. 242, 9-3-2013)

• A. Streets, Highways, And Flood Control Rights Of Way:

1. As a condition of approval of a map, the subdivider shall dedicate or make an irrevocable offer of dedication of all parcels of land within the subdivision that are needed for:

• a. Access rights and abutters' rights;

• b. Alleys;

• c. Drainage easements;

• d. Public utility easements;

• e. Streets;

• f. Trails;

• g. Avigation; and

• h. Other public easements.

2. In addition, the subdivider shall improve or agree to improve all streets, alleys, including access rights and abutters' rights, drainage, public utility easements and other public easements. The subdivider may also be required to dedicate the additional land as may be necessary and feasible to provide bicycle paths for the use and safety of residents of the subdivision.

B. Drainage Rights Of Way: When the director determines that drainage rights of way are necessary, the subdivider shall offer to dedicate upon the final map of the subdivision the necessary rights of way for drainage facilities.

C. Flood Control Dedication: Where dedication is offered for flood control rights of way, the rights of way shall be shown as parcels lettered alphabetically on the final map. The offer of dedication shall be made by an appropriate certificate on the title sheet of the final map, and, in addition, an executed deed conveying fee title to the right of way to the town shall be delivered to the town. (Ord. 242, 9-3-2013)

A. Certification Of Town Council Action: At the time the council approves a final map, it shall also accept, subject to improvement, or reject any offer of dedication. The town clerk shall certify on the map the action of the council.

B. Resolution Of Acceptance: The town clerk shall cause a resolution of acceptance of dedications by the council to be filed with the county recorder.

C. Deferred Acceptance: If, at the time the final map is approved, any streets, alleys, paths, public utility easements, rights of way for local transit facilities including bus turnouts, benches, shelters, landing pads, and similar

items that directly benefit the residents of a subdivision, or storm drainage easements are rejected subject to Code Of Civil Procedure section 771.010, the offer of dedication shall remain open and the council may by resolution at any later date, and without further action by the subdivider, rescind its action and accept and open the streets, alleys, paths, rights of way for local transit facilities including bus turnouts, benches, shelters, landing pads, and similar items that directly benefit the residents of a subdivision, or storm drainage easements for public use. The acceptance shall be recorded in the office of the county recorder. (Ord. 242, 9-3-2013)