(A) When a subdivider or developer provides certain facilities and improvements suitable for active recreation use of the residents of a proposed development, the demand for certain local public recreational facilities is reduced. Where a subdivider or developer provides improvements or facilities as listed in § 34.28, the developer or subdivider shall receive a credit to be applied against the cost of providing that particular facility.
(B) However, no credit shall be provided for an athletic center. The credit shall be calculated as follows:
(1) The subdivider or developer shall provide the town with detailed plans and specifications of the improvements and facilities to be constructed, whereupon, the Town Council shall determine whether the proposed facilities will reduce the need for additional public recreation facilities;
(2) The amount of credit per facility shall be calculated by use of the following formula:
Cost of facility per person (listed in § 34.043) | X | persons per unit | X | number of units | = | amount of dollars credited against impact fee |
(3) The credit provided for herein shall only be given if the subdivider or developer guarantees that:
(a) The improvements or facilities to be provided are listed in the table in § 34.28(A) and are suitable for the active recreational use of the residents of the proposed development; and
(b) By written agreement, recorded covenant or restriction, the continued recreational use of the improvements or facilities is guaranteed.
(4) Recreation impact fees credited to a developer, for improvements eligible for impact fee credits, shall be provided on a lot-by-lot basis. The impact fee amount shall be reduced equally for each lot, or in the case of multi-family residential projects each dwelling unit, within the development by assessing the total impact fee per lot or unit minus the proportionate share of the credit applied to each lot. Should a subdivider or developer desire, a recreation impact fee payment agreement may be provided to ensure payment of fees. The agreement shall be acceptable to the Town Attorney and Town Council and shall be recorded with the final plat or prior to a certificate of occupancy for multi-family developments.
(Ord. 2001-08, passed 11-27-2001)