10.668 Limitation of Exactions.
Notwithstanding any other provisions of this Chapter 10, an applicant for a development permit shall not be required, as a condition of granting the application, to dedicate land for public use or provide public improvements unless:
(1) the record shows that there is an essential nexus between the exaction and a legitimate government purpose and that there is a rough proportionality between the burden of the exaction on the developer and the burden of the development on public facilities and services so that the exaction will not result in a taking of private property for public use, or
(2) a mechanism exists and funds are available to fairly compensate the applicant for the excess burden of the exaction to the extent that it would be a taking.
Provided, however, that this section does not prohibit unconditional denial of an application where adequate public facilities and services are not available to serve the proposed development, so long as there are other economically viable uses of the land which are allowed by the Chapter and by the existing zoning and which can be adequately served.