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A. General. As a condition of approval of a tentative subdivision map, the subdivider shall dedicate to the appropriate school district such lands as the county shall deem to be necessary for the purpose of constructing thereon elementary schools necessary to assure the residents of the subdivision adequate public school service pursuant to the provisions of Cal. Gov’t. Code § 66478.

B. Procedure. The requirement of dedication shall be imposed at the time of approval of the tentative parcel or subdivision map. If within 30 days after the requirement of dedication is imposed by the county the school district does not offer to enter into a binding commitment with the subdivider to accept the dedication, the requirement shall be automatically terminated. The required dedication may be made any time before, concurrently with, or up to 60 days after the filing of the final map or parcel map on any portion of the subdivision.

C. Payments to Subdivider for School Site Dedication. The school district shall, if it accepts the dedication, repay to the subdivider or his or her successors the original cost to the subdivider of the dedicated land, plus a sum equal to the total of the following amounts:

1. The cost of any improvements to the dedicated land since acquisition by the subdivider;

2. The taxes assessed against the dedicated land from the date of the school district’s offer to enter into the binding commitment to accept the dedication; and

3. Any other costs incurred by the subdivider in maintenance of such dedicated land, including interest costs incurred on any loan covering such land.

D. Exemptions. The provisions of this section shall not be applicable to a subdivider who has owned the land being subdivided for more than 10 years prior to the filing of the tentative map. (Formerly 23.14.004)