RES 244 Draft 03 1996-1998 - Laserfiche WebLink

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Chapter 658. OCEANSIDE shall submit to the COUNTY a list of arbitrators to hear the dispute. The COUNTY hasten (10) calendar days to select one (1) arbitrator from OCEANSIDE's list. If the COUNTY fails to select an arbitrator, then OCEANSIDE may select an arbitrator to hear the dispute. 12. DONATION OF RIGHT-OF-WAY. Notwithstanding anything herein to the contrary, should a Person donate the Segment(s) of the Right -of -Way to OCEANSIDE for no consideration, the COUNTY shall: a. Grant the Person who contributes their land towards the. Bypass Highway units of credit which may be used by the Person to off -set future roadway fair share assessment or impact fee requirements. Each unit of credit shall off -set the roadway fair share assessment or impact fee requirement for one (1) dwelling or lodge unit. The amount of credits shall be the total value of the Segment(s) for Right - of -Way divided by the per lot fair share assessment or impact fee requirement to mitigate road impacts for each $3,101.68 value of land contributed. The total value of the Segment(s) for Right -of -Way shall be based on the appraised value of the Segment(s) at the time the Person dedicates and/or donates the Segment(s) to OCEANSIDE as determined by the Appraiser selected using the procedures outlined in subparagraph (10.b). b. The COUNTY shall grant a density credit to Persons whose lands are donated for the Segment(s) of the Right -of -Way. The density credit is equal to the area of land that is utilized. The density credit shall be added to the Person's remaining property at the time the Person obtains land use approvals from the COUNTY. The density credit allows the Person to develop the total number of units that would be permitted under the applicable zoning at the time the Person obtains land use approvals as if the Person had not contributed land for the Right -of -Way C. The COUNTY shall impose no additional fair share assessments or any impact fee ordinance requirements relating to Regional highway Impacts on Persons whose lands have been donated to the County or sold for the Right -of -Way and who develop their lands in conformance with existing zoning. 13. CONSTRUCTION OF THE BYPASS HIGHWAY. The Bypass Highway shall consist of two (2) lanes with sufficient Right -of -Way for a total of four (4) lanes. The Bypass Highway shall be constructed to standards set forth by the Department of Public Works with such modifications as may be deemed necessary by the Department of Public Works; provided, however, that the expansion of the Bypass Highway from two (2) to four (4) lanes shall not be the responsibility of OCEANSIDE. a. OCEANSIDE shall obtain final approval from the County Department of Public Works for any and all necessary construction plans for the Bypass Highway. OCEANSIDE shall construct the Bypass Highway to the standards set forth in Exhibit "M" by the Department of Public Works for Alii Highway with such modifications as may be deemed necessary by the County Department of Public Works and by OCEANSIDE. As required by the chief engineer of the County Department of Public Works, 12