Unless otherwise specifically excepted, every owner or developer of a residential development situated in or served by an attendance area where conditions of overcrowding exist, shall dedicate land, pay fees in lieu thereof, or a combination of both, for classroom and related facilities for elementary and/or high schools, as a condition to the approval of a residential development.

In lieu of such fees, the builder of a residential development may, at his or her option and at his or her own expense, provide interim facilities, owned or controlled by the builder, at the place designated by the school district, and at the conclusion of the fifth school year the builder shall, at the builder’s expense, remove the interim facilities from that place.

When a fee is required to be paid in lieu of land dedication or the provision of interim facilities, the amount of such fee per pupil in each impacted attendance area, and the factor or criteria to be used in determining the estimated number of pupils expected to reside in the dwelling units authorized by the permit and expected to enroll in the school or schools serving the attendance area shall be determined by the City Council, by resolution. The per-pupil fees and the factors or criteria used in estimating the number of pupils may be redetermined and modified from time to time by further resolutions of the City Council on the basis of evidence submitted to it by the school district and other interested parties. The minimum amount of land required to be dedicated, pursuant to the provisions of this chapter, shall be at least equal in monetary value to the fees that would be otherwise required by this section. The City Council shall determine and establish the monetary value of land area for the purposes of this chapter. Only the payment of fees shall be required in subdivisions containing 50 parcels or less.