(a) Purpose. Recognizing the continual need for recreational facilities within the Municipality and conforming this need to the growth of population and the increase in the number of residential and nonresidential units within the Municipality, it shall be the purpose of this section to provide, together with moneys derived from the 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 Municipality by creating a public use fee to be charged on all residential and nonresidential units hereinafter constructed.
(b) Park Land Reserve Fund. All moneys collected under the public use fee shall be placed in a separate fund to be entitled Park Land Reserve Fund.
(c) Prerequisite to Final Plat Approval. The owner or proprietor of each new subdivision for the purpose of transfer of ownership of land, 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 Land Reserve Fund of the Municipality as follows:
(Ord. 05-96. Passed 5-15-96.)
(1) For each lot shown on the plat of the subdivision for single family residence 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 Ordinance. (Ord. 06-98. Passed 5-20-98.)
(d) Prerequisite to Zoning Permit Issuance. The owner or proprietor of each lot or parcel of ground in the Municipality, as a prerequisite to the issuance of a zoning permit for new structures as required by the applicable ordinances of the Municipality shall pay a public use fee, in addition to other fees, into the Park Land Reserve Fund of the Municipality as follows:
(Ord. 05-96. Passed 5-15-96.)
(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 nonresidential 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.
(Ord. 06-98. Passed 5-20-98.)
(e) Fee Already Paid. No owner or developer of land shall be required to pay the public use fee as established in subsection (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 subsection (c) hereof.
(f) Land Dedication in Lieu of Fee. In lieu of the payment of the public use fee hereinbefore provided, the Manager, upon recommendation of the Planning Commission, may accept the dedication for public use of open spaces constituting a reasonable proportion of the gross acreage of land subdivided for the purpose of transfer of ownership or of land for which a zoning permit has been requested, 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 Land Reserve Fund. All such moneys in the Park Land Reserve 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 Municipality.
(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 Finance Director is directed to create a Park Land Reserve Fund and is further directed at the close of each year that the public use fee herein collected, to transfer to the Park Land Reserve 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 Municipality.
(j) Compliance Required.
(1) No zoning permit for the construction of a residential or nonresidential unit in the Municipality shall be issued unless and until the fee provided for in this section is paid.
(2) No person, firm or corporation shall receive or be entitled to receive the zoning permit for the construction of a residential or nonresidential unit in the Municipality unless and until the fee provided in this section is paid on each such zoning permit issues.
(3) Nothing contained in this section shall relieve or be interpreted as reliving any person, firm or corporation from complying with all other ordinances, laws, rules, or regulations of the Municipality or of any other governmental agency where they are now in force or hereafter enacted, regulating and governing the issuance of zoning permits for the construction of residential or nonresidential unit in the Municipality.
(k) Effective Period. The public use fee imposed by this section shall be levied, collected and paid concurrently with all zoning permit applications for new residential and nonresidential units made on or after the effective date of this section.
(l) Penalty. Whoever violates the provisions of this section shall be subject to the fine described in Section 1137.08 of the Codified Ordinance.
(Ord. 05-96. Passed 5-15-96.)