The requirements contained in this division are intended for
the purpose of assuring open space and community park facilities are
available and adequate to meet the needs created by such development
while maintaining current and proposed park and recreation standards
pursuant to the city parks, recreation and open space master plan.
It is the policy of the city that a park dedication fee is hereby
imposed on residential development and all fees collected shall be
used solely and exclusively for the purpose of acquisition and development
of new community parks and existing park facilities intended for access
and use by the entire city. It is also the policy of the city to allow
any acceptable park land that meets the criteria to be dedicated in
lieu of the imposed park fee.
(Ordinance O-04-08 adopted 2/4/08)
(a)
There
is hereby established a city-wide park fee and a neighborhood park
fee, to be collected and implemented as described hereafter.
(b)
A
city-wide park fee, in the amount of $618.00 per dwelling unit, shall
be imposed on all residential development in the city.
(Ordinance O-04-08 adopted 2/4/08)
The park dedication requirement established by this division
is additional and supplemental to, and not in substitution to, any
other requirements imposed by the city on the development of land.
Such dedication requirement is intended to be consistent with and
to further the policies of the city’s comprehensive plan, the
master park plan, the city’s unified development code, the city’s
subdivision rules and regulations and all other city policies, ordinances
and resolutions by which the city seeks to promote orderly growth
and preserve natural resources.
(Ordinance O-04-08 adopted 2/4/08)
(a)
In
lieu of the imposed park fee, the developer of any area zoned and
to be used for single-family, duplex or multifamily residential purposes
within the city may elect to apply a contribution of dedication of
community park land acceptable to the city at the rate of not less
than one (1) acre of land per fifty (50) ultimate units of such residential
subdivision and public parks shall not be smaller than five (5) acres
in size.
(b)
The
developer shall propose dedication of park land in conjunction with
approval of the subdivision plat.
(c)
The
dedicated land required hereby shall be well drained, relatively level,
in areas that are proposed for active park uses and shall be suitable
for appropriate recreational and leisure activities as defined in
a community park. All park land offered for dedication under this
section shall meet the requirements for location and for physical
land characteristics outlined in the master park plan. Areas having
environmentally sensitive ecosystems, attractive views, topographical
interests or unique natural features shall be preferred and encouraged
for park land dedication. Areas which are relatively featureless,
barren of natural trees and vegetative cover and which are not physically
attractive in some other way, may not be typically acceptable.
(d)
The
location and size of public parks within the city shall be determined
in all instances by the city council upon recommendations from the
city manager or the city manager’s designee. That determination
shall be based upon existing circumstances at the time and shall be
in accordance with the adopted parks, recreation and open space master
plan and as may thereby be amended from time to time by the city.
(e)
Park
land shall be easily accessible to the public, enhance the visual
character of the city and minimize conflict with adjacent land uses.
(Ordinance O-04-08 adopted 2/4/08)
(a)
A
neighborhood park fee shall be due and collectable for residential
units to be constructed in any area in the city for which park and
recreation facilities are suitable and desirable, is consistent with
the master park plan and which has been identified by the city manager
and the city manager’s designee for future construction as a
neighborhood park.
(b)
Upon
the filing of a subdivision plat, concept plan, site plan, proposal
for agreement, proposal for planned development (PD) district, application
for plat or replat, or other form of authorization that adequately
informs the city of a plan to construct residential units in the city,
staff shall ascertain whether such units are in an area from which
a neighborhood park is contemplated, and if so, shall inform the applicant
or other person filing such document of the requirements for payment
of a neighborhood park fee.
(c)
The
maximum neighborhood park component fee shall be calculated by the
staff separately for each neighborhood park, by dividing the average
cost of that type of park facility for the entire area that is reasonably
expected to be benefitted by such park and which is reasonably susceptible
to and authorized for development for residential purposes.
(d)
A
separate neighborhood park fee fund shall be established for each
neighborhood park that is identified pursuant to this section.
(e)
Fees
collected for the neighborhood park funds shall be used for the purpose
of acquisition and development of neighborhood parks located in reasonable
proximity to the residential development from which the park fee was
received. Fees collected may be used for site preparation, the extension
of utilities to or within sites, the installation of landscaping,
play equipment, or recreation improvements and attendant engineering
and planning costs associated with park development.
(Ordinance O-04-08 adopted 2/4/08)
(a)
Fee payment.
(1)
The developer has the duty to submit the information concerning the
number of dwelling units.
(2)
Upon receipt of an application for a building permit the city shall calculate the amount of the applicable city-wide park fee due and any neighborhood park fee due that has been identified pursuant to section 1.18.045 hereof.
(3)
The applicable park fee(s) shall be collected prior to the issuance
of the building permit. No permit shall be issued nor shall any construction
be allowed to begin until payment of all fees required has been made.
(b)
Credit against park fee for developer contributions of land.
(1)
Park land that has been dedicated in lieu of the park fee shall be
reviewed and approved by the city council subsequent to a recommendation
from the park and recreation board.
(2)
Where review of development applications has resulted in the acceptance
of land dedication, such land dedication shall be shown on a final
plat and shall contain clear fee simple dedication of that land to
the city.
(Ordinance O-04-08 adopted 2/4/08)
(a)
Fees
collected for the city-wide park fund shall be used for the purpose
of acquisition and development of new centralized community parks
and the improvement of existing park facilities intended for use and
access by the entire city. Fees collected may be used for land acquisition,
site preparation, the extension of utilities to or within sites, the
installation of landscaping, play equipment, or recreation improvements,
installation of expansions, new features, athletic fields, parking
lots, swimming pools and water recreation facilities, and similar
facilities normally associated with parks and recreation, including
attendant engineering, architectural, legal, planning or other consultant
costs associated with such park development.
(b)
All
expenditures of fees collected shall be made in accordance with the
city parks, recreation and open space master plan, advice and/or recommendation
of the staff and the parks and recreation board, and as approved by
the city council to best benefit the citizens of the city.
(c)
Any
monies paid into the city-wide or neighborhood park fund must be expended
by the city within ten (10) years from the date received by the city.
If such funds are not expended within ten (10) years following final
plat approval, the property owner shall be entitled to a refund of
such funds upon written request, less any amounts expended for such
purposes.
(Ordinance O-04-08 adopted 2/4/08)
