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Any person applying for a building permit may opt to submit an individualized assessment of impact in lieu of calculation of fees pursuant to the fee schedule in Section 16-18-050 hereof. Individualized assessments shall establish why new open space is unnecessary in the area because of adequate existing open space or why the fees should be reduced because of lower open space costs in the area than those estimated in Section 16-18-040 hereof. Existing open space shall be deemed to be adequate if it meets the goals set forth in the “City Space Plan”.
(Added Coun. J. 4-1-98, p. 65269)
In the case of larger developments which are processed as planned developments, developers are encouraged to provide open space and recreational facilities on-site to serve new residents instead of paying open space impact fees. Credit may be given for open space or recreational facilities within a planned development that satisfy all or most of the goals of the City Space Plan and adequately serve the needs of the proposed new development.
(Added Coun. J. 4-1-98, p. 65269)
Open space impact fees shall be earmarked for open space acquisition and capital improvements which provide a direct and material benefit to the new development from which the fees are collected. Fees may not be used to cure existing park deficiencies. Open space impact fees must be expended within the same or a contiguous community area from which they were collected after a legislative finding by the city council that the expenditure of fees will directly and materially benefit the developments from which the fees were collected. Community areas are geographic areas which are identified in the City Space Plan and designated pursuant to Chapter 1-14 of the Municipal Code of the City of Chicago.
(Added Coun. J. 4-1-98, p. 65269)
Notes
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Any funds not expended or encumbered for planning, engineering, acquisition or construction within seven years from the date on which the fees were collected shall be returned to the current property owner. Refunds shall be paid no later than six months after the seventh year triggering the refund.
(Added Coun. J. 4-1-98, p. 65269)
The department of planning and development and any of the affected city departments are hereby directed and authorized to issue administrative regulations and procedures as necessary to implement the provisions of this chapter by the effective date of this chapter, and to periodically review and update such regulations and procedures.
(Added Coun. J. 4-1-98, p. 65269; Amend Coun. J. 11-19-08, p. 47220, Art. VII, § 1; Amend Coun. J. 11-17-10, p. 106597, Art. IX, § 10; Amend Coun. J. 11-26-13, p. 67481, Art. I, § 29)
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