A. If the owner of any property to which the provisions of this chapter is applicable dedicates land to the Town pursuant to this code, such land to be used for park, open space or recreation uses, such owner shall also comply with the provisions of this chapter, including the dedication of water rights sufficient to irrigate said land, as determined by the Town Council.

B. Where the Town Council enters into an agreement to accept cash in lieu of in-kind land dedication for parks, open space or recreation uses, and the Town is unable to specifically determine the irrigation demand for the public project for which the cash is contributed, from a specific Town construction plan, master plan or otherwise, the amount of water rights dedication, or cash in lieu of water rights dedication, at the Town Council’s discretion, which shall be required to meet the requirements of subsection (A) of this section shall be equal to the amount required to irrigate eighty percent (80%) of the land area which otherwise would have been required for in-kind land dedication by this code. (Ord. 561 §1, 2007; Amended Ord. 757 §2, 2019)