Chapter 18.106 - Dedications, Exactions, Reservations, Easements
Sections:
18.106.010 - Purpose of Chapter
18.106.020 - Applicability
18.106.030 - Findings Required for Dedications and Exactions
18.106.040 - Right-of-Way Dedications
18.106.050 - Access to the Truckee River and Donner Lake
18.106.060 - Reservations of Land for Public Uses
18.106.070 - Easements
18.106.010 - Purpose of Chapter
This Chapter establishes standards for subdivider dedications of land or payment of fees in lieu thereof, in conjunction with subdivision approval.
18.106.020 - Applicability
A. Compliance required. All proposed subdivisions shall comply with the requirements of this Chapter for dedications, reservations, or the payment of in-lieu fees.
B. Conditions of approval. The requirements of this Chapter as they apply to a specific subdivision shall each be described in conditions of approval adopted by the review authority for the Tentative Map.
18.106.030 - Findings Required for Dedications and Exactions
The review authority may require any of the dedications or exactions described in this Chapter through conditions of approval of a proposed Tentative Map only after first making findings which:
A. Identify the purpose for the dedication or exaction; and
B. Demonstrate that there is a reasonable relationship between the need for the dedication or exaction and the characteristics and impacts of the subdivision from which the dedication or exaction is required.
18.106.040 - Right-of-Way Dedications
A. Offers of dedication
required. As a condition of Tentative Map approval, the subdivider shall dedicate or make an irrevocable offer of dedication in fee simple of all land within the subdivision that is determined by the review authority to be needed for public and private streets and alleys, including access rights and abutters' rights.
B. Improvements. The subdivider shall construct or agree to construct all approved and required streets and alleys, including access rights and abutters' rights, in compliance with design and improvement standards within this Chapter, the Public Improvements and Engineering Standards, or as may be adopted by resolution of the Council.
C. Rights-of-way, generally. Rights-of-way shall be of sufficient size to accommodate the required improvements. In addition, where parcels front on a Town-maintained road of insufficient width, or when the existing right-of-way is not deeded, the subdivider shall dedicate right-of-way sufficient for the ultimate facility. Dedications on remainder parcels that are not at the smallest lot area allowed under present zoning will not be required unless necessary for orderly development of the area or public health and safety.
D. Bicycle paths. If the subdivision, as shown on the Final Map, contains 200 or more parcels, any subdivider who is required to dedicate roadways to the public, shall dedicate additional land for bicycle paths for the use and safety of the residents of the subdivision.
E. Transit facilities. Dedications in fee simple or irrevocable offers of dedication of land within the subdivision will be required for local transit facilities including bus turnouts, benches, shelters, and similar items that directly benefit the residents of the subdivision if:
1. The subdivision as shown on the Tentative Map has the potential for 200 dwelling units or more if developed to the maximum density shown in the General Plan; and
2. The review authority finds that transit services are or will, within a reasonable time period, be available to the subdivision.
F. Alternative transportation
systems. Whenever the subdivision falls within an area designated for the development of bikeways, hiking or equestrian trails in the General Plan, Parks and Recreation or Bikeways Master Plans, applicable Specific Plan, or implementing legislation, the subdivider shall dedicate land as is necessary and feasible to provide for these ways.
G. Abandonment/vacation. The abandonment or vacation of a street or highway right-of-way easement shall comply with Streets and Highways Code Sections 8300 et seq., as applicable, and Chapter 18.88 (Vacations).
18.106.050 - Access to the Truckee River and Donner Lake
As required by Map Act Sections 66478.4, 66478.5, and 66478.12, the review authority shall not approve any subdivision which proposes parcels adjacent to the Truckee River or Donner Lake, unless the proposed subdivision provides or includes reasonable public access by fee or easement from a public road to that portion of the bank of the river, or the waters of the lake, bordering or lying within the proposed subdivision. The required extent and type of access shall be determined in compliance with Map Act Sections 66478.4, 66478.5, and 66478.12, as applicable. The approved access shall be shown on the Parcel or Final Map, in compliance with Map Act Sections 66478.6 and 66478.12.
18.106.060 - Reservations of Land for Public Uses
The review authority may require through conditions of Tentative Map approval, the reservation of real property within a proposed subdivision for parks, recreational facilities, fire stations, libraries, or other public uses, in compliance with this Section, and Map Act Sections 66479 et seq.
A. Criteria for requiring a
reservation. A reservation of land within a proposed subdivision for public use may be required only when the review authority determines that:
1. The requirement is based on policies and standards of the General Plan or applicable Specific Plan for the uses for which a reservation is required, and the required reservation is in compliance with those policies and standards;
2. This Section has been in effect for at least 30 days prior to the filing of the Tentative Map;
3. The reserved area is of such size and shape as to permit the balance of the property within which the reservation is located to develop in an orderly and efficient manner; and
4. The amount of land reserved will not make development of the remaining land held by the subdivider to be economically unfeasible.
B. Configuration of
reservation. The reserved area shall conform to the applicable provisions of the General Plan or applicable Specific Plan, and shall be in multiples of streets and parcels that will permit an efficient division of the reserved area in the event that it is not acquired within the time period established in compliance with following Subsection C.
C. Binding agreement required. When a reservation has been required, the Town or other public agency for which the reservation has been required shall enter into a binding agreement with the property owner to acquire the reserved area, in compliance with Map Act Section 66480. If the public agency for whose benefit the reservation was required does not enter into the binding agreement, the reservation shall automatically terminate, in compliance with Map Act Section 66481.
18.106.070 - Easements
The review authority may require easements to be dedicated to the Town or special district for access, drainage, public utilities, solar access, and other purposes in compliance with this Article. Requirements for right-of-way dedications are found instead in Section 18.106.040 (Right-of-Way Dedications).
A. Offers of dedication
required. As a condition of Tentative Map approval, the subdivider shall dedicate or make an irrevocable offer of dedication in fee simple of all land within the subdivision that is determined by the review authority to be needed for access rights; drainage; public and private greenways; scenic easements, public utility easements; and any other necessary public and private easements.
B. Improvements. The subdivider shall construct or agree to construct all approved and required drainage, public utility and other public easements in compliance with design and improvement standards within this Chapter, the Public Improvements and Engineering Standards, or as may be adopted by resolution of the Council.
C. Abandonment/vacation. The abandonment or vacation of a service easement shall comply with Streets and Highways Code Sections 8300 et seq., as applicable, and Chapter 18.88 (Vacations).
