14.17.010 Scope and application
A. In order to meet the infrastructure demands placed upon the City and the Jefferson County School District R-1 to adequately serve new residential development, the subdivider of new residential lots, or the developer of existing undeveloped residential lots and new multi-family residential dwelling units for which building permits are issued after the enactment of this Ordinance shall provide public school sites or fees in lieu thereof to reasonably serve the proposed subdivision or residential development. The City Manager, in consultation with the School District, shall decide if the subdivider shall dedicate land or provide cash in lieu thereof. The City Manager, in consultation with the School District, shall determine the location of the land to be dedicated.
B. The School District has adopted a methodology which incorporates school needs and school population and results in a formula which indicates the average number of people living in single-family detached homes, single-family attached homes, and multi-family homes. Said methodology further incorporates analysis performed by the School District relating to construction costs of school facilities and the relationship of those costs to the individual students. The City Council finds that there is a direct nexus and relationship between the amount of land to be dedicated and the size of development as set forth in said methodology. (Ord. O-97-5 § 1 (part), 1997).
14.17.020 Calculation of land dedication requirements for school sites
The amount of land area dedication required for public school sites shall be calculated based upon a ratio of four (4.0) acres of land per one thousand (1,000) additional population generated by the subdivision or multi-family development. Calculation of generation population shall be based upon the following population density factors:
TYPE OF DWELLING UNIT PEOPLE PER DWELLING UNIT
Single Family Detached 3.25
Single Family Attached 2.50
The resulting formula shall be used to determine the land area required for public dedication:
Number of dwelling units x number of people per unit x 4.0 Acres
No dedication requirements shall be assessed upon residential health care facilities or multi-family retirement dwelling units. (Ord. O-97-5 § 1 (part), 1997).
14.17.030 Conveyance of dedicated land
Land dedications for school sites shall be made to the City in fee simple. These land dedications shall be conveyed to the School District by the City upon approval of a site plan by the City and designation of funding for construction of the school on the site. (Ord. O-97-5 § 1 (part), 1997).
14.17.040 Criteria for eligible and ineligible land
Prior to dedication the City shall determine if any geological, environmental, or other studies are to be done by the subdivider or developer before any property is transferred. Land dedicated for school sites shall meet the standards of the School District, but in no event shall the following land areas be considered to fulfill the requirements of the provision for public school sites:
A. Streams, gulches and lands within the floodway of the 100-year floodplain;
B. Rights-of-way and/or easements of irrigation ditches or aqueducts;
C. Greenbelts, walkways, bikepaths, or equestrian trails;
D. Lakes, detention ponds, boggy lands or other bodies of water;
E. Steep or rugged land areas; and
F. Land areas which are hazardous for geological or environmental reasons, or sensitive wildlife areas. (Ord. O-97-5 § 1 (part), 1997).
14.17.050 Dispersal of surplus land
Any land dedicated or conveyed for school purposes to the City may be sold at the request of the School District. The moneys acquired thereby shall be administered and disposed of pursuant to 14.17.070. (Ord. O-97-5 § 1 (part), 1997).
14.17.060 Procedure for determination of cash-in-lieu of land fee
A. At the option of the City Manager of the City, in consultation with the School District, if sufficient land is not being dedicated to serve as a school site, or if sufficient land for a school site cannot be amassed with dedication of contiguous land, a cash-in-lieu of land fee may be substituted in accordance with the provisions of this section.
B. The estimated value of the land to be compensated for by cash-in-lieu fees shall be based upon the fair market value for the development proposed, once platted or site planned for said land. The estimated value of the land shall be determined by mutual agreement between the developer and the City. In the event of an inability of either of the parties to agree on the estimated value of the land, an independent qualified appraiser shall be selected by mutual agreement. Said independent appraiser's findings on the estimated value of the land shall be final and binding on all parties. The qualified appraiser shall be a Member of the Appraisal Institute (M.A.I.) or an Accredited Rural Appraiser (A.R.A.). The developer shall pay the cost of said appraiser. (Ord. O-97-5 § 1 (part), 1997).
14.17.070 Conveyance of cash-in-lieu of land fee
A. Fees paid as cash-in-lieu of land dedication shall be paid to the City of Lakewood. Said cash-in-lieu fees shall be paid prior to final approval by the City of a residential subdivision, or prior to issuance of a building permit for existing undeveloped residential lots or new multi-family residential structures. Said cash-in-lieu fees shall be deposited in a special interest-bearing account with accounting books maintained to identify the amount held in the name of the development for which the fees were paid. Interest accrued shall be payable to the School District. The City shall retain a One Hundred Dollar ($100.00) administrative fee for each disbursement made to the School District.
B. Funds may be withdrawn from the special accounts by the City for conveyance to the School District for capital construction projects within the currently adopted senior high school attendance area from which said funds originated. The funds will be conveyed to the School District upon approval of a site plan by the City and/or a plan for use of the funds for an existing school site which is in need of capital improvements. (Ord. O-97-5 § 1 (part), 1997).
Appeals pertaining to the calculation of land dedication for school sites and cash in lieu thereof shall be to the Planning Commission. (Ord. O-97-5 § 1 (part), 1997).