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3-3.303 Expenditures. All funds received and held in the Pathway Fund shall be used exclusively construction of the Town's pathway system. 2. Section 9-1.1112, is hereby amended as follows: 9-1.1112 Pathways. Every subdivider shall dedicate pathway easements, pay pathway fees, and/or construct paths to Town standards when such dedications, payments, and/or construction requirements are a condition of approval of the tentative subdivision or parcel map, consistent with the Pathway Element of the General Plan and the Master Pathway Plan. Any lot in the subdivision that does not contain a path shall be assessed a pathway fee, the amount of which shall be fixed by Council resolution. Funds collected shall be deposited in the Town's Pathway Fund. 3. Section 10-2.606, is hereby amended as follows: 10-2.606 Payment of pathway fees and/or dedication of pathway easements. Whenever a site development permit is requested for a main residence, an accessory dwelling unit, an addition to a structure of at least nine hundred (900) square feet of "habitable" floor area (including cumulative additions of nine hundred (900) or more square feet of habitable floor area made over a period of ten (10) year(s)), or a barn or stable for equestrian use of at least nine hundred (900) square feet in floor area, on a property which is designated on the Master Path Plan for an off-road pathway or for a roadside pathway, but where all or a portion of such roadside path cannot feasibly be located within the existing public or private right-of-way; the Site Development Authority may require the payment of pathway fees and/or dedication of an easement for public use as part of the Town's pathway system according to the guidelines contained in the Pathway Element of the General Plan. Pathway easements shall be required within emergency road easements. In addition, the following guidelines apply: (a) An easement should generally be located along the boundary of a property; (b) The easement shall be located so as to connect to existing or future pathway segments at the boundaries of a property; and (c) The easement shall not be located on terrain that cannot be safely or conveniently traversed by pedestrians or equestrians. 5. Section 10-2.607, regarding construction of pathways is hereby repealed from the Municipal Code and reserved as follows: 10-2.607 Reserved. 6. Section 10-2.608, is hereby amended as follows: 10-2.608 Pathway fee. A site development permit for a lot on which no path is needed and on which is to be constructed a main residence, an accessory dwelling unit, an addition to a structure of at least nine hundred Ordinance 584 Page 2