18.56.160 Mitigation Fee Act.

   This chapter and all resolutions adopted under it are subordinate to the Mitigation Fee Act. The Mitigation Fee Act controls if a conflict arises between it and this chapter or any resolution. (Ord. 2017-0010 § 1)

18.56.165 Legal Challenge.

   Any judicial action or proceeding to attack, review, set aside, void, or annul any ordinance or resolution imposing, adopting, or modifying any fee or an automatic adjustment that results in an increase of the fee amount, shall be brought pursuant to the Mitigation Fee Act. (Ord. 2017-0010 § 1)

18.56.170 Severability.

   A.   If any provision of this chapter or its application to any person or circumstance is held invalid or ineffective by any court of competent jurisdiction, or by reason of any preemptive legislation, that invalidity shall not affect the validity of the remaining provisions of this chapter. The city council declares that it would have enacted this chapter and each section, subsection, subdivision, sentence, clause and phrase, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases or words be declared invalid.

   B.   If, for any reason, any fee amount established by this chapter is invalid, then all remaining fee amounts so established remain in effect.

   C.   If any fee established by this chapter is invalid because of an insufficient nexus to a specific component of the applicable infrastructure, then the fee remains valid as it relates to other components of the infrastructure. (Ord. 2017-0010 § 1)

Article II. Park Impact Fee

18.56.210 Definitions.

   The following definitions apply in this article:

   "Director" means the director of the department of parks and recreation.

   "Park facility" or "park facilities" means park and recreation infrastructure.

   "Park impact fee" means the fee established by section 18.56.220 to provide funding for the design, construction, installation, improvement, and acquisition of park facilities.

   "Park infrastructure fund" means the infrastructure fund created by section 18.56.230. (Ord. 2017-0011 § 2)

18.56.220 Park impact fee and imposition.

   A.   The park impact fee is established.

   B.   The park impact fee is imposed on the development of:

      1.   New dwelling units.

      2.   Non-residential development including additions to a building or structure.

      3.   Change in use of a building or structure on any parcel. (Ord. 2017-0011 § 2)

18.56.230 Park infrastructure fund; use of fee revenues.

   A.   The park infrastructure fund is established. The city shall deposit all revenues generated by the park impact fee, and any interest earned on the fund balance, into the fund.

   B.   The city shall use the park infrastructure fund to:

      1.   Finance the design, construction, installation, improvement, and acquisition of park facilities for neighborhood parks within two miles of the development project, community parks within five miles of the development project, and regional and citywide park facilities located anywhere in the city.

      2.   Reimburse the city for the costs of administering the park impact fee, the park infrastructure fund and this article.

      3.   Reimburse landowners and holders of development credits for costs incurred to construct park facilities as provided in section 18.56.240. (Ord. 2017-0011 § 2)