§ 812-12.204. Decision factors.

At the time of initial residential development or building permit approval, the planning agency shall determine whether to require a dedication of land within the development, payment of a fee in lieu thereof, or a combination of both. In making this determination, the agency shall consider the following factors:

(1)

Whether lands offered for dedication will be consistent with the general plan;

(2)

The topography, soils, soil stability, drainage, access, location and general utility of land in the development available for dedication;

(3)

Whether the location and amount of lands proposed to be dedicated or the amount of fees to be paid, or both, will bear a reasonable relationship and will be limited to the needs of the community for interim elementary and/or high school facilities including all mandated educational programs and will be reasonably related and limited to the need for schools caused by the development;

(4)

Any recommendations made by affected school districts concerning the location and amount of lands to be dedicated;

(5)

If only a subdivision is proposed, whether it will contain fifty parcels or less.

(Ord. 78-10).