Skip to code content (skip section selection)
Compare to:
1224.03  FEE AMOUNT; ADMINISTRATION.
   (a)   In addition to any other fee or fees described in the Codified Ordinances of the City of Avon Lake, persons who are seeking, or who have in the past received, approval from the Planning Commission of a plat under Title Two of this Planning and Zoning Code, or its predecessors, or which was subject to the subdivision provisions of the Ohio Revised Code, and persons seeking approval from the Building Inspector or Planning Commission for a multiple-family or attached single-family residential development in the City of Avon Lake, shall pay to the Recreation Trust Fund a recreation impact fee as follows:
      (1)   $535.00 for each lot in a subdivision upon which a single-family dwelling is to be constructed.
      (2)   $390.00 for each dwelling unit to be constructed in a multiple-family or attached single-family development.
   (b)   For developments subject to approval, or which have previously received approval, under Chapter 1216 of this Planning and Zoning Code, or its predecessors, or which was subject to the subdivision provisions of the Ohio Revised Code, such recreation impact fees shall be due and payable following approval of a plat, but prior to the issuance of a zoning permit, and no zoning permit shall be issued by the Building Department without submission or a written receipt from the  Director of Finance indicating that any applicable recreation impact fee has been paid.
   (c)   For multiple-family and attached single-family developments subject to approval under Section 1217.03 of this Planning and Zoning Code, such recreation impact fees shall be due and payable following approval of a zoning permit, but prior to the issuance of a building permit, and no building permit shall be issued by the Building Department without submission of a written receipt from the Director of Finance indicating that any applicable recreation impact fee has been paid.
   (d)   The amount of any applicable recreation impact fee due and payable under this section as a condition precedent to the issuance of a zoning permit under subsection (c) hereof, or a building permit under subsection (d) hereof, shall be waived:
      (1)   For any single-family dwelling unit for which a recreation impact fee assessed under Section 1217.02(a)(5) of this Code has previously been paid; and
      (2)   For any multiple-family or attached single-family dwelling unit for which a recreation impact fee assessed under Section 1217.02(a)(5) of this Code has previously been paid.
   (e)   It shall be the responsibility of the Director of Finance to:
      (1)   Credit all recreation impact fees received by the Director of Finance to the Recreation Trust Fund, which the Director shall administer separately from the General Fund of the City of Avon Lake, and to deposit funds received by the Recreation Trust Fund in one or more interest-bearing accounts in a bank or other savings institution authorized to receive deposits of City funds. Interest earned by each account shall be credited to that account and shall be used solely for the purposes specified for the Recreation Trust Fund.
      (2)   Maintain and keep accurate financial records for each account into which funds of the Recreation Trust Fund have been deposited, that show the source and disbursement of all revenues; that shall account for all moneys received; that shall ensure that the disbursement of funds from each acquisition and improvement of additional public recreation facilities as specified in the Capital Improvements Plan, is recorded; and that shall provide an annual accounting for each account showing the source and amount of all funds collected and the projects that were funded.
   (f)   All funds currently in the Recreation Trust Fund and all funds collected pursuant to this section shall be used solely and exclusively for the acquisition and improvement of additional public recreation facilities as specified in the Capital Improvements Plan and as authorized by the City Council.
   (g)   The City is hereby authorized to issue bonds, bond anticipation notes, revenue certificates or other obligations of indebtedness as may be provided by law in furtherance of the acquisition and improvement of additional public recreation facilities as specified in the Capital Improvements Plan and as authorized by the City Council. The funds pledged towards the retirement of any such indebtedness may include recreation impact fees and any other City revenues that may be allocated by Council, provided that recreation impact fees paid pursuant to this section shall be restricted solely and exclusively to financing directly, or as a pledge against indebtedness, for the acquisition and improvement of additional public recreation facilities as specified in the Capital Improvements Plan and as authorized by the City Council.
   (h)   Refunds of recreation impact fees paid to the Recreation Trust Fund shall be made under the following circumstances:
      (1)   If a zoning permit for a lot in a subdivision upon which a single-family dwelling is to be constructed expires without commencement of construction, then the person who paid any applicable recreation impact fee required as a condition for the issuance of the zoning permit may request a refund of the fees paid.  To obtain a refund, the applicant must submit a written request to the Planning Commission within thirty (30) days of the expiration of the zoning permit. The Planning Commission shall, within sixty (60) days of the receipt of a refund request, authorize the Director of Finance to refund to the applicant, without interest, the impact fees paid, less five percent (5%) of the refund (to offset a portion of the costs of collection and refund), within ten (10) days of receipt of such authorization.
      (2)   If a building permit for a multiple-family or attached single-family development expires without commencement of construction, then the person who paid any applicable recreation impact fee required as a condition for the issuance of the building permit may request a refund of the fees paid. To obtain a refund, the applicant must submit a written request to the Planning Commission within thirty (30) days of the expiration of the building permit. The Planning Commission shall, within sixty (60) days of the receipt of a refund request, authorize the Director of Finance to refund to the applicant, without interest, the impact fees paid, less five (5%) of the fees paid to offset a portion of the costs of collection and refund, within ten (10) days of receipt of such authorization.
      (3)   If the principal amount, not including interest, of all funds paid into the Recreation Trust Fund from recreation impact fees is not expended or encumbered by the end of the calendar quarter immediately following six (6) years from the date the recreation impact fee was paid, the then current owner of the land may apply to the Director of Finance for refund of any amount not expended or encumbered, plus interest actually earned.  Such application must be submitted to the Director of Finance within 180 days of the expiration of the six (6) year period.
   (i)   The fee schedule contained in subsection (a) hereof shall be reviewed by the Planning Commission at least once each two years.
   (j)   If any section, phrase, sentence, or portion of this section is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision, and such holding shall not affect the validity of the remaining portions thereof.
(Ord. 52-99.  Passed 3-22-99.)