Sec. 2.13. Fair contribution for public school sites.
The subdivider shall dedicate or convey land for a public school site to the St. Vrain Valley School District RE-1J, hereinafter "School District," or in the event the dedication of land is not deemed feasible or in the best interests of the School District as determined by the Superintendent or designee of the School District, the subdivider shall make payment in-lieu of land dedication or conveyance. The amount of contribution of either land or payment in-lieu of land shall be determined annually by the School District.
1. Exemptions from fair contributions for public school sites. The following uses shall be exempt from the fair contributions for public school sites requirements:
a. Construction of any nonresidential building or structure.
b. Alteration, replacement, or expansion of any legally existing building or structure with a comparable new building or structure which does not increase the number of residential dwelling units.
c. Construction of any building or structure for limited-term stay or for long-term assisted living, including but not limited to bed and breakfast establishments, boarding or rooming houses, family care homes, group care homes, halfway houses, hotels, motels, nursing homes, or hospices.
d. Construction of any residential building or structure classified as housing exclusively for older persons, pursuant to the Federal Fair Housing Act, as amended.
2. Land dedication. In the event the fair contribution for public school sites includes the dedications of land, prior to recording the final plat the following items shall be completed by the subdivider:
a. The subdivider shall convey to the School District, by general warranty deed, title to the land slated for dedication, which title is free and clear of all liens, encumbrances and exceptions (except those approved in writing by the School District), including, without limitation, real property taxes, which will be prorated to the date of conveyance or dedication.
b. The subdivider shall provide to the Town proof of the dedication or conveyance.
c. At the time of dedication or conveyance, the subdivider shall provide a title insurance commitment and policy in an amount equal to the fair market value of the dedicated property.
d. The public improvement agreement (MOAPI) for the subdivision shall provide for the installation of the streets adjacent to the school site, the installation of water, sewer and other public utilities to the school site, and overlot grading of the school site.
3. Cash in-lieu of land dedication. In the event the fair contribution for public school sites includes payment in-lieu of the dedication of land, prior to the issuance of any building permit for any residential dwelling unit not otherwise exempt under Subsection (1) above, the subdivider shall pay to the School District, on behalf of the Town, the cash to be paid in-lieu of land dedication.