110.1.3.1For new subdivisions containing fifty-one (51) or more parcels: (Former Section INL#316-23(C)(1) ); Added by Ord. 2103, Sec. 4, 1/9/96)

110.1.3.2For new subdivisions containing fifty (50) or fewer lots or parcels, an in-lieu fee shall be provided consistent with the provisions of Section 314-110.1.6; except that, if mutually agreeable, the subdivider and the County may agree to the dedication of land or a combination of dedication and fee payment. (Former Section INL#316-23(C)(2); Added by Ord. 2103, Sec. 4, 1/9/96)

110.1.3.3Subdivisions containing less than five (5) parcels and not used for residential purposes shall be exempted from the requirements of this section. However, a condition shall be placed on the approval of such parcel map that if a building permit is requested for construction of a residential structure or structures on one or more of the parcels within four (4) years, the fee shall be required to be paid by the owner of each such parcel as a condition to the issuance of such permit. (Former Section INL#316-23(C)(3); Added by Ord. 2103, Sec. 4, 1/9/96)

110.1.5.1130 square feet per person multiplied by the average number of persons per household. (Former Section INL#316-23(D)(1); Added by Ord. 2103, Sec. 4, 1/9/96)

110.1.5.2The average number of persons per household shall be determined by the Planning and Building Divisions based on demographic research and available County Census data from the United States Bureau of the Census. (Former Section INL#316-23(D)(2); Added by Ord. 2103, Sec. 4, 1/9/96)

110.1.6.1Where a fee is required to be paid in-lieu of land dedication, the amount of such fee shall be based upon the fair market value of the amount of land which would otherwise be required to be dedicated pursuant to Section 314-110.1.4.3. The fair market value shall be determined in conjunction with the County Assessor at the time of filing the Tentative Map or Tentative Parcel Map. (Former Section INL#316-23(F); Added by Ord. 2103, Sec. 4, 1/9/96)

110.1.6.2If the subdivider objects to the fair market value determination, the subdivider may, at his/her own expense, obtain an appraisal of the property by a qualified real estate appraiser mutually agreed upon by the County in determining fair market value. (Former Section INL#316-23(F); Added by Ord. 2103, Sec. 4, 1/9/96)

110.1.6.3A fee paid in-lieu of land dedication shall be paid to the County prior to the recordation of the Subdivision Map or Parcel Map. For multiple final maps, the fee paid in-lieu of land dedication shall be paid prior to the recordation of the final map for each unit or phase. (Former Section 316-23(F); Added by Ord. 2166, Sec. 24, 4/7/98)

110.1.7.1The Hearing Officer may approve a request by the subdivider to defer payment of a portion of the fee paid in-lieu of land dedication for secondary dwelling units on each parcel created by the subdivision map. Any such deferral shall be subject to the recordation of an agreement between the subdivider and the County to convey development rights for the secondary dwelling unit. (Former Section 316-23(G); Added by Ord. 2166, Sec. 24, 4/7/98)

110.1.7.2The amount of the fee paid in-lieu of dedication subject to the conveyance agreement shall be determined for each affected parcel prior to the recordation of the Subdivision Map or Parcel Map. The fee breakdown for individual parcels subject to deferment shall be in the same proportion that the size of the lot bears to the total aggregate area of the parcels covered by the conveyance. (Former Section 316-23(G); Added by Ord. 2166, Sec. 24, 4/7/98)

110.1.7.3If the fee paid in-lieu of land dedication is deferred, reconveyance of development rights shall be initiated upon payment of the fee in-lieu of dedication by the record owner of the subject parcel at the time the request for reconveyance is made to the County. (Former Section 316-23(G); Added by Ord. 2166, Sec. 24, 4/7/98)

110.1.8.1At the time of filing a Tentative Subdivision Map or Tentative Parcel Map for approval, the subdivider shall, as part of such filing, indicate whether he/she desires to dedicate property for park and recreational purposes, or whether he/she desires to pay a fee in-lieu thereof. If the subdivider desires to dedicate land for this purpose, he/she shall designate the area thereof on the subdivision map as submitted. (Former Section 316-23(H)(1); Added by Ord. 2103, Sec. 4, 1/9/96)

110.1.8.2At the time of the approval of the Tentative Subdivision Map or Tentative Parcel Map, the Hearing Officer shall determine as a part of such approval whether to require a dedication of land within the subdivision, payment of a fee in-lieu thereof, or a combination of both. (Former Section 316-23(H)(2); Added by Ord. 2103, Sec. 4, 1/9/96)

110.1.8.3The Hearing Officer may approve of the offer of land dedication, or elect to recommend that a payment of a fee in-lieu thereof be required, or that a combination of both be required. In making this determination the Planning Commission shall consider the following: (Former Section 316-23(H)(3); Added by Ord. 2103, Sec. 4, 1/9/96)

110.1.9.1That yards, court areas, setbacks, and other open areas required to be maintained by the zoning and building ordinances and regulations shall not be included in the computation of such private open space; (Former Section 316-23(I)(1); Added by Ord. 2103, Sec. 4, 1/9/96)

110.1.9.2That the private ownership and maintenance of the open space is adequately provided for by recorded written agreement, conveyance, or restrictions; (Former Section 316-23(I)(2); Added by Ord. 2103, Sec. 4, 1/9/96)

110.1.9.3That the use of the private open space is restricted for park and recreational purposes by recorded covenant, which runs with the land in favor of the future owners of property in the subdivision and which cannot be defeated or eliminated without the consent of the County or its successor; (Former Section 316-23(I)(3); Added by Ord. 2103, Sec. 4, 1/9/96)

110.1.9.4That the proposed private open space is reasonably adaptable for use for park and recreational purposes, taking into consideration such factors as size, shape, topography, geology, access, and location; (Former Section 316-23(I)(4); Added by Ord. 2103, Sec. 4, 1/9/96)

110.1.9.5That facilities proposed for the open space are in substantial accordance with the provisions of the Humboldt County General Plan. (Former Section 316-23(I)(5); Added by Ord. 2103, Sec. 4, 1/9/96)

Before credit is given, the Planning Commission shall make findings that the standards herein are met. (Former Section 316-23(I); Added by Ord. 2103, Sec. 4, 1/9/96)