(A) Intent And Purpose: The continued increase in the development of dwelling units in the city with the increase in the population of the city has created an urgent need for the planning, acquisition, improvement and expansion of public parks, playgrounds and recreation facilities to serve the increasing population of the city and the means of providing additional revenues with which to finance such public facilities. The city council declares that a park and recreational facilities development fee is required to be paid for all new residential development.
(B) Definitions:
DWELLING UNIT: A single unit providing complete, independent living facilities for one or more persons including permanent provisions for living, sleeping, eating, cooking and sanitation.
PERSON: Shall include any individual, firm, partnership, joint venture, association, corporation, estate, trust, business trust, syndicate, or other group or combination acting as a unit.
TRAILER SPACE: Each space, area or building in a trailer park or mobilehome park or other place designed or intended as a place to accommodate any mobilehome, trailer, or van, bus or other vehicle or mobile structure, when same is being used as living or sleeping quarters for human beings. (Ord. 1166, 8-8-1978)
(C) Park And Recreational Facilities Development Fees On New Construction: There is hereby imposed a six hundred dollar ($600.00) fee upon every person who constructs or causes to be constructed any new dwelling unit or trailer space in the city. The fee imposed by this section shall be imposed regardless of whether the new dwelling unit is created by new construction or by modification of existing structures. (Ord. 1460, 7-11-1989)
The fee set forth in this subsection shall be reduced by fifty dollars ($50.00) per dwelling unit, providing that a major outdoor facility is provided and maintained by the development.
"Major outdoor recreational facility" is defined as: 1) swimming pool, 2) tennis court, 3) park or greenbelt, 4) combination of the above three (3) items.
The size, quality and design of any "major outdoor recreational facility" to satisfy the requirement for reduction of fee as set out in this section shall be within the discretion of the city. At the option of the city, land (or a combination of land and fees) may be dedicated to the city for park purposes in lieu of the above mentioned fees. Land dedication shall be based on a standard of one acre per four hundred (400) occupants.
On November 1, 1979, and each November 1 thereafter, the dwelling unit charge shall increase to equal increases in construction costs as set forth by engineering news record index. The twelve (12) month average for the previous year shall determine the percentage of increase. (Ord. 1193, 4-24-1979)
(D) Time Payment: Such fees shall be due and payable upon application to the city for a building permit. However, there shall be a refund of such fees in the event the building permit is not approved, or not used, for such construction. In the case of mobilehome developments, this fee will be payable prior to the city's certification of compliance with zoning regulations.
(E) Restriction On Use Of Funds: All of the sums collected shall be deposited in the park and recreational facilities fund for park and recreation purposes and shall be used solely for capital outlay expenditures such as, but not limited to, the following:
1. Purchase of land and interest in land;
2. Development of parks and buildings for use thereon;
3. Acquisition and development of other varieties of open space;
4. Acquisition and development of bicycle trails, riding trails and other types of trails for recreational use;
5. Acquisition and development of recreation facilities equipment. (Ord. 1166, 8-8-1978)