(A) A developer may apply for a reduction of the system development charge by dedicating land or facilities to the city.
(B) City acceptance of the land or facilities in lieu of all or part of the assessed charge is based on the following criteria:
(1) The land offered can be used for park purposes in a manner consistent with the park and recreation element of the city’s Comprehensive Plan and any park or recreation plan or program adopted pursuant thereto, or can be sold by the city to obtain funds for such purposes;
(2) The land is adequate in size, location, and topography for the facilities necessary to satisfy the needs of the new residents;
(3) The land will at all times be available and accessible to the general public in accordance with existing ordinances and regulations dealing with the use of public facilities;
(4) The city’s Parks and Recreation Commission approves the location and construction of all improvements on the land; and
(5) The amount of fee reduction is based on the city’s Comprehensive Plan park standards considering amount of land and cost of facilities dedicated to the city, number of dwellings or population served, and the like. Meeting neighborhood park standards for the proposed residential population may reduce fees up to one-half. Meeting neighborhood and community park standards may eliminate park system development charges.
(C) In the event land is dedicated in lieu of the systems developments charge, an equal portion of the value of the land dedicated shall be apportioned to each of the lots created. As the building permits are issued and the systems charge collected for each lot, the value of the dedicated land apportioned to each lot shall be credited, without interest, to the person dedicating the land, or his or her heirs, or his or her assigns, until the total value is credited or five years have elapsed from the date building permits are made available from the city. In the event the total amount has not been credited within five years or before the development is completed, the residual balance shall be liquidated to the city.
(Prior Code, § 3.520) (Ord. 1990-07, passed 9-23-2007; Ord. 2012-01, passed 2-13-2012)