§ 9.4.7. Imposition of dedication or in-lieu fee.

A.

Option by applicant. At the time of filing a preliminary plat for a residential land division, the applicant may:

1.

Identify as part of the preliminary plat subdivision lands proposed to be dedicated for regional park land;

2.

Propose to pay the in-lieu fees for regional park land; or

3.

Propose a combination of land dedication and in-lieu fee payment. Any such proposal must provide sufficient lands or in-lieu fees to accommodate the growth and development proposed in the land division based on the LOS established in this regulation.

4.

If the applicant proposes to pay the in-lieu fee for regional park land and it is accepted by the county, the in-lieu fee must be paid prior to the issuance of a building permit. The obligation to pay the in-lieu fee will run with the land. The amount of the in-lieu fee will be determined based on the fee schedule in effect at the time of building permit application.

5.

If the applicant proposes to dedicate regional park land, the proposal may be considered by the planning commission and considered and decided by the county commissioners. If the lands offered for dedication are accepted, the applicant must convey the title to the property to the county in fee simple. If the lands offered for dedication are not accepted, then the applicant must pay the in-lieu fees for regional park land consistent with the provisions in subsection 9.4.8 (establishment of schedules).

B.

Review of dedication offer.

1.

The planning commission will consider the offer of dedication concurrent with its consideration of the preliminary plat for the land division and make a recommendation to the county commissioners on whether or not the offer of dedication should be accepted by the county. In hearing the matter, the planning commission will consider the master plan, comments from the Larimer County Opens Land Advisory Board, public testimony and all other relevant information. The planning commission may recommend that the lands offered for dedication be accepted if they are of sufficient acreage to be used for regional park land purposes; are located so they provide reasonable regional park land opportunities to the public; or further the county's and participating local governments' general plan for regional parks.

2.

The county commissioners will consider the offer of dedication concurrent with consideration of the preliminary plat for the land division. In reviewing the offer, the commissioners will consider the recommendation of the planning commission, comments from the Larimer County Opens Land Advisory Board, the master plan, public testimony and all other relevant information. The commissioners will accept an offer of park land dedication only if the lands are of sufficient acreage to be used for regional park land purposes; are located so they provide reasonable regional park land opportunities to the public; and further the county's and participating local governments' general plan for regional parks.

C.

Payment of in-lieu fees.

1.

Payment at building permit. The in-lieu fees must be paid prior to issuance of a building permit for development for any portion of the land division. The amount of the in-lieu fee will be based on the in-lieu fee schedule in effect at the time of building permit application. If any credits are due under subsection 9.4.10 (credits), they will be determined at that time. The in-lieu fee will be computed separately for the amount of development covered by the permit, if the building permit is for less than the entire land division. If the in-lieu fee is exacted for development that increases impact because of a change in use (on land that is subdivided and subject to this provision), the in-lieu fee will be determined by computing the difference in the in-lieu fee schedule between the new development and the existing development. The obligation to pay the in-lieu fee will run with the land.

2.

Prior agreement. Any applicant who, prior to the effective date of this regulation, agreed as a condition of development approval to pay regional park land in-lieu fees will be responsible for the payment of the fees under the terms of such agreement.

D.

Exemptions. The following development is exempt from the terms of this regulation:

1.

Nonresidential development. Any development that does not involve the creation of additional dwelling units.

2.

Alterations/expansions/no change in use. Alterations or expansion of an existing residential building where no additional dwelling units are created and the use is not changed.

3.

Accessory buildings/structures. The construction of accessory buildings or structures added onto the principal residential building or land use that will not create additional dwellings units.

4.

Replacement of destroyed building. The replacement of a destroyed or partially-destroyed residential building of the same size and use, provided that no additional residential units are created.