(a) There is hereby established a park fee to be paid on each building permit issued for the construction of a new residence, as well as the construction of a new office, business or industrial building in the City. These fees shall be as follows:
Residential Number of Bedrooms | ||||
0-1 | 2 | 3 | 4 | |
Fee | $530.00 | $640.00 | $750.00 | $970.00 |
Office, Commercial or Industrial Structure | ||||
Fee | $500.00 | |||
These fee are applicable to mobile homes and other industrially manufactured residential units, as well as to office, business or industrial buildings, where such units do not otherwise require a building permit, but where it is required that they have a footer, foundation or other supporting slab or pad. No permit shall be issued for the construction of such footers, foundations, slabs or pads until the appropriate fee is paid.
(b) All such fees shall be used for the acquisition, purchase, development and equipping of neighborhood parks and park sites in the City.
(c) All fees collected under this section shall be placed in the Park Capital Fund.
(d) No building permit for the construction of a residential, office, commercial or industrial structure in the City shall be issued until the fee provided for in this section is paid on each such building permit issued.
(e) No person, firm or corporation shall receive or be entitled to receive a building permit for the construction of a residential, office, commercial or industrial structure in the City until the fee provided for in this section is paid on each such building permit issued.
(f) Nothing contained in this section shall relieve, or be interpreted as relieving, any person, firm or corporation from complying with all other ordinances, laws, rules and regulations of the City or of any other governmental agency where they are now in force or hereafter enacted, regulating and governing the issuance of building permits for the construction of residence structures and/or commercial or business structures in the City.
(g) Notwithstanding provisions in this section to the contrary, Council may, at its sole option, enter into a contract with any person, firm or corporation, who or which is subject to the payment of the fee established in division (a) of this section. Such contract shall provide that upon the execution and delivery by such person, firm or corporation of a deed of general warranty conveying to the City and its successors and assigns a good and marketable title to the real estate described in such deed, free and clear of all liens and encumbrances thereon, such person, firm or corporation, upon executing and delivering such deed, shall receive a credit against the fee established in division (a) of this section, which credit shall be in an amount equal to the value of such real estate. The value of such real estate shall be determined by negotiation between the parties or agents for the parties.
(h) Notwithstanding provisions in this section to the contrary, Council may, in the case of a residential planned unit development, waive part or all of the fee established in subsection (a) hereof. Such waiver may be granted when, in the opinion of Council, common areas created and developed in a residential planned unit development provide recreational opportunity for the residents of such areas sufficient to impose no measurable increment in the need for neighborhood park acreage.
(i) When invoking the waiver provisions contained in divisions (g) and (h) of this section, Council shall seek the written recommendations of the Planning Commission and the Parks and Recreation Advisory Commission in the manner provided by Section 4.12 of the City Charter.
(j) All persons, firms and corporations, who or which are subject to payment of the fee established in division (a) of this section, must pay such fee, unless such person, firm or corporation is relieved of the payment of such fee by Council in the manner provided for in this section.
(Ord. 4173. Passed 2-21-89; Ord. 4646. Passed 3-2-93; Ord. 5502. Passed 2-6-01.)