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§ 10-2.1312 DISPOSITION OF FEES.
   (A)   Fees pursuant to §§ 10-2.1306 and 10-2.1308 shall be paid to the City and shall be deposited into the subdivision park trust fund, or its successor. Money in said fund, including accrued interest, shall be expended solely for acquisition, development, or rehabilitation of park land or improvements related thereto.
   (B)   Collected fees shall be appropriated by the city to which the land or fees are conveyed or paid for a specific project to serve residents of the subdivision in a budgetary year within five years upon receipt of payments or within five years after the issuance of building permits on one-half of the lots created by the subdivision, whichever occurs later.
   (C)   If such fees are not so committed, these fees shall be distributed and paid to the then record owners of the subdivision in the same proportion that the size of their lot bears to the total area of all lots in the subdivision.
   (D)   The City Director of Financial Services shall report to the city at least annually on income, expenditures, and status of the subdivision park trust fund.
(Ord. 951 C.S., passed 3-21-18)
§ 10-2.1313 EXEMPTIONS.
   (A)   Subdivisions containing less than five parcels and not used for residential purposes shall be exempted from the requirements of this article; provided, however, that a condition shall be placed on the approval of such parcel map that if a building permit is requested for construction of a residential structure or structures on one or more of the parcels, the fee may be required to be paid by the owner of each such parcel as condition to the issuance of such permit.
   (B)   The provisions of this article do not apply to commercial or industrial subdivisions; nor do they apply to condominium projects or stock cooperatives which consist of the subdivision of air space in an existing apartment building which is more than five years old when no new dwelling units are added.
(Ord. 951 C.S., passed 3-21-18)
§ 10-2.1314 DEVELOPER-PROVIDED PARK AND RECREATION IMPROVEMENTS.
   After the Planning Commission or Community Development Director determines that land is required for dedication and/or in-lieu fee payment by the developers, the developer may apply to the Engineering Department for permission to construct specified park and recreation improvements on the land of said developer required for dedication or on other land within the same service area to be developed as a park. If the Engineering Department grants the developer permission for construction of specified parks and recreation improvements on said land, said Department shall fix the dollar value of the parks and recreation improvements prior to construction. The agreed dollar value of park and recreation improvements provided by the developer may be credited against the fees, if any, required by this section, provided the improvements are constructed per the approved plans by the Engineering Department.
(Ord. 951 C.S., passed 3-21-18)
§ 10-2.1315 SCHEDULE FOR THE USE OF LAND OR FEES.
   The Parks and Community Services Department shall develop a schedule specifying how, when, and where it will use the land or fees, or both, to develop park or recreational facilities to serve residents of the subdivision.
(Ord. 951 C.S., passed 3-21-18)
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