(a) Council hereby declares that the fees required to be paid hereby are assessed for the planning, acquisition, improvement, expansion and operation of public parks, playgrounds and recreational facilities to serve the increasing population of the City and the means of providing additional revenues with which to finance such public facilities.
(b) Definitions - as used in this section:
(1) "Person" includes every person engaging in construction activities himself, herself or itself or through the services of any employee, agent or independent contractor.
(2) "Dwelling unit" shall have the same meaning as set forth in Section 1204.03(b)(45) of the Planning and Zoning Code.
(3) "Commercial space" means each space, area or building which is either intended for or used for any of the uses set forth in Chapters 1248, 1252, 1258 and 1260 of the Planning and Zoning Code, but it shall not include any space, area or building which is used for school purposes or public buildings used or operated by the Federal government, the State government, the County government, the City or the School Board of the City.
(c) In addition to any other fee prescribed in these Codified Ordinances, every person constructing any new dwelling unit or new commercial space, or an addition to any existing commercial space in excess of 1,000 square feet, in the City, shall pay to the City fees for park and recreation purposes as follows:
(1) Five hundred ($500.00) for each dwelling unit;
(2) Five hundred dollars ($500.00) for every 1,000 square feet, or portion thereof on a pro rata basis, for any new commercial space over 1,000 square feet, excluding space constructed entirely at taxpayer expense.
(d) Such fees shall be due and payable upon the issuance by the City of a building permit for the construction of any such dwelling unit or commercial space or addition thereto. However, there shall be a refund of such fees if the building permit is not used for such construction.
(e) All of the sums collected pursuant to this section shall be used as allocated by
Council solely for public parks, playgrounds and recreational purposes, such as, but not limited to:
(1) Purchase of land and interest in lands;
(2) Development of parks and buildings for use thereon;
(3) Acquisition and development of other varieties of open space;
(4) Acquisition and development of parkways and median islands;
(5) Acquisition and development of bicycle trails, riding trails and other types of trails for recreational use;
(6) Acquisition and development of recreational facilities and equipment; and
(7) Operating costs of public parks, playgrounds and recreational facilities.
(Ord. 44-2018. Passed 6-26-18.)