§ 8209-6.1. Applicability.

(a)

As a condition of the approval for a subdivision of land, the subdivider shall dedicate and improve land, or pay a fee in lieu thereof, or do a combination of the two, for the purpose of providing park and recreational facilities to serve the future residents of the property being subdivided. This requirement shall apply to all subdivisions except those which:

(1)

Are exempted by Section 66477 of the Subdivision Map Act; or

(2)

Are a redivision of four or less existing contiguous lots which does not result in the creation of a greater number of lots than existed immediately prior to such redivision; or

(3)

Will not result in the creation of any lot which, under the zoning regulations applicable at the time the tentative map is approved, could be developed without the prior issuance of a conditional use permit or other discretionary entitlement so as to increase the total number of dwelling units on such lot; provided, however, that this exemption shall not apply to condominium projects or stock cooperatives which consist of the subdivision of airspace in an existing apartment building which is less than five years old.

(b)

If a proposed subdivision contains 50 or fewer lots (or, in the case of a condominium project, stock cooperative, or community apartment project, contains 50 or fewer dwelling units), the subdivider shall, in lieu of dedicating and improving land for park and recreational purposes pay a fee equal to 125% of the fair market value of park land which would otherwise be dedicated as determined in accordance with the provisions of this Quimby Ordinance. However, nothing in this Section shall prohibit the dedication and acceptance of land or of improvements to land for park and recreation purposes with respect to subdivisions containing 50 or less lots or dwelling units where the subdivider proposes such dedication or improvements voluntarily and the Board of Supervisors finds that said dedication or improvements are in the best interests of the County and have a value at least as great as the fee which would otherwise be paid.