30.66B.530 Compensation for right of way and improvements.
(1) A developer shall be compensated for right-of-way dedicated, established or deeded when the right-of-way
(a) Is not necessary for the use and convenience of the occupants or users of the development; or
(b) Is necessary for the construction of improvements identified in the transportation needs report and included as part of the cost basis of any road system impact fee imposed under this chapter.
(2) For purposes of SCC 30.66B.530(1)(a), the minimum right-of-way or improvements that are necessary for the use and convenience of the occupants or users of the development shall include
(a) A two-lane road for access;
(b) Frontage improvements in accordance with this chapter; and
(c) Property located within 30 feet of the centerline of the right-of-way, as determined by the department of public works.
(3) Compensation for right-of-way dedicated, established, or deeded shall be provided as a credit against any road system impact fee payment imposed under this chapter, except where the value of the right-of-way is greater than the impact fee payment, in which case compensation for the balance between the value of the right-of-way and the impact fee payment shall be by payment. Nonmonetary compensation such as development alternatives may be provided in lieu of credit and/or payment where agreed to by the director of public works and the developer. (Added by Amended Ord. 02-064, Dec. 9, 2002, Eff date Feb. 1, 2003).