Pursuant to Section 66477 of the Government Code (the Quimby Act), the board of supervisors enacts this chapter to promote the public health and welfare by providing for the creation of parks and recreational facilities that are needed as a result of residential development, in a manner consistent with the recreation element of the Madera County general plan. (Ord. 615 § 2(part), 2006).

The following definitions shall apply to this chapter:
“Not intended for residential purposes” refer to land not zoned for residential use, although such land may be zoned to allow for the construction of single family dwellings or multiple family dwellings, whether as a matter of right or by first obtaining a zoning permit or conditional use permit.
“Park” means a parcel or parcels of land, exclusive of open space used for natural resource protection, that is open and available for use by the general public and which serves the recreational needs of the public. Parks may contain recreational facilities, or consist solely of landscaped areas with lawns, shrubbery and trees.
“Recreational community gardening” refer to the cultivation by persons other than, or in addition to, the owner of such land, of plant material not for sale.
“Recreational facility” refer to any improved land or structures used for recreational, sporting, or cultural purposes that is open and available for use by the general public, including, but not limited to, court game areas, picnic grounds, gymnasiums, playgrounds, sporting facilities and fields, swimming pools, golf courses, riding paths for horses and nonmotorized vehicles, jogging and hiking trails, skateboard and rollerblading parks, museums, performing arts centers, and recreational community gardening.
“Single family dwelling” and “multiple family dwelling” shall have those meanings as are used in Chapter 18.04 of this code.
“Subdivision,” “subdivider,” “dwelling unit,” and “parcel” shall have those meanings as are used in Chapter 17.08 of this code. (Ord. 615 § 2(part), 2006).

As a condition of the approval of a tentative subdivision map by the board of supervisors, or the approval of a parcel map by the planning commission that is not appealed or is upheld by the board of supervisors, the subdivider shall either dedicate land for parks or recreational facilities, or pay a fee in lieu of dedication, or both, as provided in this chapter. (Ord. 615 § 2(part), 2006).

This chapter shall not apply to the following:
A. Subdivisions of four or fewer parcels, not intended for residential purposes, provided that a condition is placed on the approval of a tentative map that if the owner of a parcel created thereby seeks a building permit for a dwelling within four years of the recording of the final map, the owner shall pay the fee in lieu of dedication as provided in this chapter, as a condition of obtaining the building permit.
B. Condominium projects or stock cooperatives that consist of the subdivision of airspace in an existing apartment building that is more than five years old when no new dwelling units are added. (Ord. 615 § 2(part), 2006).

The provisions of this chapter shall apply only to subdivisions for which the tentative subdivision map or parcel map has been filed on January 1, 2007, or later. If a map has been submitted before January 1, 2007, but is withdrawn before that date and is resubmitted on January 1, 2007 or later, that subdivision shall be subject to this chapter. (Ord. 615 § 2(part), 2006).

A. For each subdivision of more than fifty parcels, land may be required to be dedicated, or fees may be required to be paid, or both dedication of land and payment of fees may be required.
B. For each subdivision that creates fifty or fewer parcels, only a fee in lieu of dedication of land for parks and recreational facilities shall be required, except that for a condominium project, stock cooperative, or community apartment project of fifty or fewer parcels in which more than fifty dwelling units will be created thereby, the subdivider may be required to dedicate land for parks and recreational facilities. However, nothing shall prohibit the dedication and acceptance of land for parks and recreation facilities in subdivisions of fifty parcels or less if the subdivider voluntarily proposes such dedication and the land otherwise meets the requirements of this chapter.
C. At the time of filing of a tentative parcel or subdivision map with the resource management agency, the subdivider shall, as part of the filing process, indicate whether a fee is to be paid, land is to be dedicated, or both payment of fees and dedication of land are to be provided, or whether parks and recreational facilities are to be actually built.
D. If the subdivider offers land for dedication, or offers to build recreational facilities, the land to be dedicated or facilities to be built shall be shown on the tentative parcel or subdivision map, or else the subdivider shall include a legal description of the land to be dedicated or the land upon which the facilities are to be built if that land is located within fifteen miles of the boundaries of the subdivision. The subdivider shall not offer land outside of the subdivision for dedication if no portion of that land is located within fifteen miles or less from the boundaries of the subdivision. If the subdivider offers to pay fees, the subdivider may specify that the fees are intended for improvements to existing parks or facilities located within fifteen miles of the subdivision.
E. The planning commission, as a condition of approving the tentative parcel or subdivision map, shall determine whether the subdivider is to dedicate land, pay fees, dedicate land and pay fees, or receive credit for providing parks and/or recreational facilities. In making this decision, the planning commission shall use the following factors:
1. That the lands offered for dedication will substantially comply with the recreation element of the general plan;
2. The topography, soils, access, and location of land available for dedication;
3. The size and shape of the subdivision and land available for dedication;
4. The feasibility of dedication;
5. The location of existing and proposed parks and recreational facilities, including those proposed under a capital improvement plan adopted by the board of supervisors;
6. The parks or recreational facilities to be provided by the subdivider and whether those parks or recreational facilities will be privately owned and maintained by the residents of the subdivision;
7. The population density of the subdivision.
The decision of the planning commission may be appealed to the board of supervisors in the same manner as a decision regarding a tentative subdivision map or tentative parcel map, as provided in Chapters 17.60 and 17.72 of this code. (Ord. 615 § 2(part), 2006).

A. The amount of land dedicated or fees to be paid shall be based upon the population density for dwelling units as determined by the most recent federal decennial census, but shall not exceed the proportional amount necessary to provide three acres of park area per one thousand persons living within a subdivision, or 0.003 acres per person.
B. When the dedication of land is required, the amount of land to be provided shall be calculated as follows:

P x D x (0.003 acres per person) = number of acres.

“P” is the average population density per dwelling unit, which varies according to whether the dwelling units are single family or multiple family, and “D” is the total number of dwelling units in the subdivision.
C. When a fee is to be paid in lieu of dedication, the basic fee shall be calculated as follows:

A x V = fees to be paid.

“A” is the amount of land that would have been required for dedication as shown in subsection B of this section, and “V” is the full cash value per acre of the property to be subdivided as determined by the latest equalized assessment roll. (Ord. 615 § 2(part), 2006).

A. Where the dedication of land is required, the subdivider shall, without credit and before the recordation of the final map or parcel map, install the following:
1. Any street improvement and utility connection including, but not limited to, curbs, gutters, street paving, traffic control devices, trees adjacent to streets, and sidewalks within the boundaries of the land which would have been constructed or installed regardless of the land being dedicated for park or recreational purposes;
2. All fencing along the property lines of that portion of the subdivision contiguous to the land;
3. Improved drainage through the land;
4. Other minimal improvements which the county determines are essential for the county’s acceptance of the land, not including recreational facilities, buildings, or equipment.
B. The subdivider may, with the permission of the board of supervisors, pay a sum equal to one hundred percent of the full cash value of the dedicated land, as shown on the latest equalized assessment roll, to cover the cost of the improvements, in lieu of actually providing those improvements.
C. All land offered for dedication for park and recreational purposes shall have access on at least one existing or proposed public street. This requirement may be waived by the board of supervisors if the board determines that the public street access is unnecessary for the maintenance of the park area or use thereof by the residents. (Ord. 615 § 2(part), 2006).

A. If the subdivider is required to dedicate land, and provides park and recreational facility improvements to the dedicated land, the value of the improvements together with any equipment located thereon shall be a credit against the payment of fees or dedication of land required by this chapter, except that the subdivider shall not receive credit for any of the improvements required in Section 15.03.080 of this code.
B. Land or facilities that qualify for credit will generally include the following:
1. Parks with maintained grass lawns and playground equipment, with an area of one-half acre or more, and with a slope of less than five percent;
2. Playing fields for baseball, softball, football, and/or soccer;
3. Golf courses;
4. Horse riding facilities and stables;
5. Court areas, which are hard-surfaced areas especially designed and exclusively used for court games such as basketball, shuffleboard, and racquet sports;
6. Recreational swimming areas, which are defined generally as fenced areas devoted primarily to swimming, diving, or both, and which include decks, lawn areas, bathhouses, or other facilities developed and used exclusively for swimming and diving, with a minimum size of one thousand square feet of surface water area and no less than fifteen square feet of surface water area for each three percent of the population of the subdivision, as determined by population density;
7. Recreational buildings, designed and used for the recreational needs of the residents of the development. (Ord. 615 § 2(part), 2006).

A. All lands to be provided under this chapter shall be dedicated for public use before the final map or parcel map is recorded, in accordance with the Subdivision Map Act (Government Code Section 66410 et seq.) and Title 17 of this code. Land shall be conveyed in fee simple to the county, free and clear of all encumbrances except those which will not interfere with the use of the property for its intended purpose. All deeds shall be delivered before the recording of the final map or parcel map, and the deeds shall be recorded with the final map or parcel map. No deed shall be accepted unless it is accompanied by a policy of title insurance, secured by the subdivider, in an amount equal to the value of the land dedicated.
B. All fees to be paid under this chapter shall be paid to the county, through the resource management agency, before the final map or parcel map is recorded. (Ord. 615 § 2(part), 2006).

A. Fees collected by the county pursuant to this chapter shall only be spent on the following:
1. To acquire land within fifteen miles of the boundaries of the subdivision, for the purchase of land on which to locate a park or recreational facility;
2. To fund the construction of parks or recreational facilities;
3. To acquire existing parks or recreational facilities within Madera County from other agencies, school districts, or private organizations or persons, provided that the county shall be solely responsible for owning, operating and maintaining those parks or recreational facilities upon acquisition.
B. The resource management agency shall develop a schedule or improvement plan specifying how, when, and where it will use the land or fees, or both, to develop parks or recreational facilities to serve the residents of the subdivisions.
C. The resource management agency shall create a separate account within the general fund for the collection and expenditure of fees.
D. The director of the resource management agency shall report to the board of supervisors at least once per year, within two months of the end of the preceding fiscal year, on the income, expenditures, and status of the account, the amount of land dedicated, and the facilities purchased or constructed during the fiscal year.
E. All fees collected shall be utilized within five years after payment of those fees or issuance of building permits for fifty percent or more of the housing units in the subdivision, whichever is later. If fees are collected but not used, they will be distributed and paid, without any deductions, to the then-record owners of the subdivision, in the proportion of each owner’s individual lot size to the total area of the subdivision.
F. If land is to be dedicated, and the final map or parcel map is disapproved by the board of supervisors or is withdrawn by the subdivider, the deeds shall be returned to the subdivider. When land has been conveyed and the final map or parcel map is either never recorded or, if recorded, is reverted to acreage, the board of supervisors shall reconvey all land conveyed to the subdivider. (Ord. 615 § 2(part), 2006).

The subdivider or owner and the board of supervisors may, after dedication and acceptance of the land and before construction of the first dwelling unit, agree to sell the land dedicated and use the proceeds thereof towards the acquisition of a more suitable site, subject to the requirements of this chapter and the limitations imposed on disposition of park property set forth in the Government Code. (Ord. 615 § 2(part), 2006).