(a) Purpose. Recognizing the continual need for recreational facilities within the City and conforming this need to the growth of the population and the increase in the number of residential and nonresidential units within the City, it is the purpose of this section to provide, together with moneys derived from municipal funds, for the orderly acquisition, development, maintenance and operation of publicly owned recreation sites and facilities, including, but not limited to, park sites, area recreational facilities and community recreation centers within the City by creating a public use fee to be charged on all residential and nonresidential units hereafter constructed.
(b) Park Trust Fund. All public use fees collected shall be deposited in the Park Trust Fund created under Section 135.14.
(c) Prerequisite to Final Plat Approval. The owner or developer of each new subdivision, as a prerequisite to the approval of the final plat of the subdivision, shall pay a public use fee, in addition to other fees, into the Park Trust Fund of the City as follows:
(1) For each lot shown on the plat of the subdivision for single family residential use, the sum of five hundred dollars ($500.00); and
(2) For each lot intended for multi-dwelling use, the sum of five hundred dollars ($500.00) for each dwelling unit of a multi-dwelling structure permitted to be constructed thereon under applicable regulations of the Zoning Code.
(d) Prerequisite to Building Permit Issuance. The owner or developer of each lot or parcel of ground in the City, as a prerequisite to the issuance of a building permit for new structures as required by the applicable ordinances of the City, shall pay a public use fee, in addition to other fees, into the Park Trust Fund of the City as follows:
(1) For each single-family residence, the sum of five hundred dollars ($500.00);
(2) For each dwelling unit of a multi-dwelling structure, the sum of five hundred dollars ($500.00); and
(3) For each commercial, office, business, industrial or other non-residential unit a public use fee computed at a rate of one thousand dollars ($1,000) per acre, provided that such fee shall not be less than five hundred dollars ($500.00) per unit.
(e) Fee Already Paid. No owner or developer of land shall be required to pay the public use fee as established in division (d) hereof for construction upon or development of any parcel of land for which a public use fee has been paid pursuant to the terms of division (c) hereof.
(f) Land Dedication in Lieu of Fee. In lieu of the payment of the public use fee hereinbefore provided, the Service Director, upon recommendation of both the Planning Commission and the Board of Park Commissioners, may accept the dedication for public use of open spaces constituting a reasonable proportion of the gross acreage of land to be subdivided, provided that such open spaces are suitably located and of adequate size to provide for the public health, safety and general welfare, and further provided that in no event shall the aggregate value of such dedicated land be less than the equivalent public use fee otherwise payable and computed in accordance with this section.
(g) Fee Waived. Council, upon recommendation of the Planning Commission, may waive the public use fee for schools, churches and/or other community oriented facilities.
(h) Use of Park Trust Fund. All moneys in the Park Trust Fund shall be used for the acquisition, development, maintenance and operation of publicly owned recreation sites and facilities, including but not limited to, park sites, area recreational facilities and community recreation centers within the City.
(i) Appropriation of Other Funds. During the period of time that the fee levied by this section is collected, Council shall appropriate annually from the general fund a sum not less than equal to the moneys derived from this section for park and recreational purposes, which may include funds appropriated for park and recreation capital improvements. The Auditor is directed at the close of each year that the public use fee herein is collected, to transfer to the Park Trust Fund from general fund moneys a sum of money equal to the amount of money collected from the public use fee after deducting expenditures during the year for park and recreation purposes made from the general fund money. It is the intention of Council that during each year that the public use fee is in force that an amount equal to the fee moneys received from the public use fee shall be irrevocably committed to park and recreation purposes from other municipal fund sources of the City.
(j) Compliance Required.
(1) No permit for the construction of a residential or nonresidential unit in the City shall be issued unless and until the fee provided for in this section is paid.
(2) No person or entity shall receive or be entitled to receive a permit for the construction of a residential or nonresidential unit in the City unless and until the fee provided in this section is paid.
(3) Nothing contained in this section shall relieve any person or entity from complying with all other ordinances, laws, rules or regulations of the City or of any other governmental agency regulating or governing the issuance of building permits for the construction of residential or nonresidential units in the City.
(k) Effective Period. The public use fee imposed by this section shall be levied, collected and paid concurrently with all permit applications for new residential and nonresidential units made on or after the effective date of this section.
(Ord. 11-70. Passed 12-12-11.)