The purpose of this article is to ensure that sufficient land and facilities are provided to meet the recreational demands and needs of those residents of the city that are created as a result of new residential growth and development. The city finds that linear parks provide passive open space and recreational opportunities for city residents, such as bicycling, running, walking and roller skating. Linear parks also protect natural systems, preserve remaining native tree stands and significant vegetation, and provide riparian habitat for wildlife, all of which are enjoyed by city residents. Consequently, it is the city's intent to require the dedication of linear park land in accordance with the parks and open space master plan as a condition of plat approval, subject to credits as such are defined in this article.
(1999 Code, sec. 70-111)
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning. Terms not defined in this section shall have those meanings given them by other provisions of the ordinances of the city.
Applicant.
The property owner or duly designated agent of the property owner of land for which approval of a final plat has been requested for residential development.
Benefit area.
A neighborhood park benefit area, a linear park benefit area or a community park benefit area.
Building.
Any enclosed residential structure designed or intended for the support, enclosure, shelter or protection of persons.
Building permit.
The permit required for new residential construction and/or additions to buildings pursuant to the ordinances of the city.
Community park benefit area.
An area within the city which is delineated on exhibit C attached to Ordinance No. 97-748 and incorporated by reference in this article, and within which park fees for park facilities will be collected for new development occurring within such area and within which fees so collected will be expended for those facilities.
Community park facilities.
Land used or to be used as a community park, including improvements and appurtenances thereon, including, but not necessarily limited to, access improvements and utilities.
Development.
Any activity that requires the securing of a final plat for residential uses.
Director.
The superior official, or his designee, of the parks and recreation department, or its successor agency for the city.
Dwelling.
Any building, or portion thereof, designed exclusively for residential occupancy and containing one or more dwelling units.
Dwelling unit.
One or more rooms arranged, designed or used as separate living quarters for an individual family, which contains kitchen facilities (only one per dwelling unit permitted), including at least a stove or cooking device, and permanently installed sink, plus bathroom facilities.
Household.
A family living together in a single dwelling unit with common access to and common use of all living and eating areas and all areas and facilities for the preparation and storage of food within the dwelling unit.
Linear park benefit area.
An area within the city which is delineated on exhibit A attached to Ordinance No. 97-748 and incorporated by reference in this article, and within which park fees for linear park facilities will be collected for the new development occurring within such area and within which fees so collected will be expended for those facilities.
Linear park facilities.
Land and/or capital improvements used or to be used as a linear park, including land, improvements and appurtenances thereon, including, but not necessarily limited to, recreational facilities, vegetation, landscaping, pedestrian ways and bikeways, access improvements and utilities.
Neighborhood park benefit area.
An area within the city which is delineated on exhibit C, attached to Ordinance No. 97-748 and incorporated by reference in this article, and within which park fees for park facilities will be collected for new development occurring within such area and within which fees so collected will be expended for those facilities.
Neighborhood park facilities.
Land and/or capital improvements used or to be used as a neighborhood park, including land, improvements and appurtenances thereon, including, but not necessarily limited to, recreational facilities, vegetation, landscaping, pedestrian ways and bikeways, access improvements and utilities.
Park and open space master plan.
The official adopted parks and open space master plan for the city and amendments thereto, including policies or strategies contained in the city's comprehensive plan.
Park facilities.
Neighborhood park facilities, linear park facilities or community park facilities.
Park fee.
The park and recreation fee.
Park improvement plan.
The adopted plan, as may be amended from time to time, which identifies those neighborhood, linear and community park facilities, and the average costs for each type of facility, including a map of linear park facilities, which are to be financed, in whole or in part, through the imposition of park fees pursuant to this article, which is attached to Ordinance No. 97-748 as exhibit D and incorporated by reference in this article.
Property.
A legally described parcel of land capable of development pursuant to applicable city ordinances and regulations.
Property owner.
Any person or any other entity having a proprietary interest in the land on which a final plat has been requested.
Public and quasi-public use.
A development owned, operated or used by the city; any political subdivision of the state, including but not limited to school districts; the state, and any agencies or departments thereof; or the federal government, and any agencies or departments thereof.
Residential development.
The development of any property for a dwelling, other than motels, hotels, shelter used temporarily for transients, and other similar uses, as indicated by an application for a final plat.
Zoning ordinance.
The zoning ordinance of the city, including all duly adopted amendments thereto.
(1999 Code, sec. 70-112)
The park dedication requirement established by this article is additional and supplemental to, and not in substitution of, 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 parks and open space master plan, 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.
(1999 Code, sec. 70-114)
(a) 
The inland trail system is hereby designated a linear park. Land for linear parks shall be dedicated in accordance with the locations shown on exhibit A of the city parks and open space master plan. The city shall specify the proposed dimensions of the land to be dedicated in accordance with exhibit B of the city parks and open space master plan. The owner also shall dedicate sufficient land for access and utilities to serve the park. The owner may offer to dedicate an alternative site which reasonably meets the same needs of the city. The city shall evaluate proposed dedications in accordance with section 26.03.006.
(b) 
If required to submit a preliminary plat, the plat shall show an accurate location of all land which is offered for dedication as linear park land. Any plat to be filed of record shall show the location and dimension of all land to be dedicated as linear park land and include an appropriate plat dedication statement.
(c) 
Linear parks shall be dedicated to the city concurrent with the plat being filed of record.
(1999 Code, sec. 70-115)
Linear park sites shall be of a suitable size, dimension, topography and general character to meet the design criteria specified in the parks and open space master plan for linear park facilities, as may be further specified through administrative guidelines.
(1999 Code, sec. 70-116)
(a) 
The city shall offset the reasonable costs of linear park land and any required improvements against park fees in accordance with this article and administrative guidelines adopted in conjunction therewith.
(b) 
If the reasonable value of required land dedication and required or authorized improvements to linear park land exceeds the amount of available offsets to park fees due for the subdivision, the city may participate in such excess costs in accordance with established city policies relating to availability of funds, if any, or may enter into an agreement to reimburse the developer for such excess costs, which shall occur no later than five years from the date of final acceptance of the park facilities.
(1) 
Participation and reimbursement provisions shall be incorporated in an agreement for capital improvements.
(2) 
The city's participation in excess costs pursuant to this section shall be contingent on approval by the city council, which approval shall be by resolution following a request for participation by the developer.
(3) 
In determining the amount of participation in excess costs, the city shall deduct the value of offsets to park fees granted under this article and administrative guidelines adopted in conjunction therewith. The city shall use the maximum park fee that can be charged under park fee regulations in calculating the amount of the offer.
(1999 Code, sec. 70-117)
A park fee is hereby imposed on residential development for the purpose of ensuring that park facilities are available and adequate to meet the needs created by such development while maintaining current and proposed park standards pursuant to the city parks and open space master plan. The park fee shall be imposed by the city on all residential development, and all fees collected shall be used solely and exclusively for the purpose of acquisition and development of park facilities necessitated by and serving such development.
(1999 Code, sec. 70-118)
(a) 
This article shall be uniformly applicable to residential development, but not public and quasi-public uses, on property in the city which is or will be served by park facilities. This article also does not apply to activities involving the remodeling, rehabilitation or other improvements to an existing residential structure, or to the rebuilding of a damaged structure, or to permits required for accessory uses, unless such activity results in a new dwelling.
(b) 
For purposes of this article, property is served by park facilities when funds collected for such facilities have been spent for facilities identified in the parks and open space master plan and park improvements plan, within ten years from the date of collection within the benefit area in which the property is located.
(1999 Code, sec. 70-119)
(a) 
This article is enacted pursuant to the city's police powers existing under the city's charter and consistent with article XI, section 5 of the state constitution, and applies to all property within the city's corporate boundaries and within its extraterritorial jurisdiction.
(b) 
A park fee, consisting of a neighborhood park component, a linear park component and a community park component, shall be imposed on all residential development in the city at the time of final plat approval, pursuant to section 26.03.012, except as provided in subsection (c) of such section.
(c) 
The linear park component and the neighborhood park component of the park fee shall not be imposed on any residential development for which a completed application for a final plat had been received and accepted by the city on or before the effective date of Ordinance No. 97-748. Such application shall be subject, however, to the community park component of the fee or the park fee in effect on such date, whichever is less.
(d) 
Imposition of the park fee does not alter, negate, supersede or otherwise affect any other requirements of city, county, state or federal legislation or regulations that may be applicable to a development, including city zoning and/or subdivision regulations that may impose open space and park requirements and standards.
(e) 
The provisions of this article shall not be construed to limit the power of the city to utilize other methods authorized under state law or pursuant to other city powers to accomplish the purposes set forth in this section, either in substitution or in conjunction with this article. Guidelines may be developed by resolution or otherwise to implement and administer this article.
(1999 Code, sec. 70-120)
(a) 
There are hereby established four neighborhood park benefit areas, each of which is designated on the map attached to Ordinance No. 99-794 as exhibit C, one city-wide linear park benefit area, which is designated on the map attached to such ordinance as exhibit A, and one community park benefit area, each of which is designated on the map attached to such ordinance as exhibit C, all of which are incorporated by reference in this article.
(b) 
There is hereby established a park improvements plan, attached to Ordinance No. 99-794 as exhibit D and incorporated by reference in this article, which identifies for each benefit area the park facilities and the average costs for each type of facility, which are to be financed, in whole or in part, through the imposition of park fees. The plan shall be reviewed and updated at least every five years by resolution of the city council.
(c) 
The maximum neighborhood park component fee shall be calculated separately for each neighborhood park benefit area, by dividing the average cost of that type of park facility for the benefit area by the expected number of households to be served by such facility. The maximum linear park component fee and community park component fee shall be calculated by dividing the total projected costs of linear park facilities, plus the percentage cost of community park facilities, expended or to be expended, which are not utilized by existing households by the expected number of households to be served by such facilities within the city.
(d) 
Within each benefit area, the park fee for each residential development shall be calculated according to the method set forth in section 26.03.012.
(e) 
Benefit area boundaries may be amended from time to time by ordinance of the city council.
(f) 
The city shall adopt by resolution two park fee schedules, which may be amended from time to time, which shall establish park fees, by component fee, for each benefit area. The schedules shall be stated in the form of fees per residential dwelling unit. Schedule 1 shall be the maximum park fees which can be imposed on new residential development within each benefit area and schedule 2 shall be the park fees, by component fee, to be collected within each benefit area. Schedules 1 and 2 are attached to Ordinance No. 99-794 and incorporated by reference in this section.
(1999 Code, sec. 70-121)
(a) 
The director shall be responsible for the processing and collection of the applicable park fee.
(b) 
Applicants for a final plat for residential development subject to this article must submit, on a form provided by the city, the proposed number of dwelling units in the development.
(c) 
Upon receipt of an application for a final plat, the director shall calculate the amount of the applicable park fee due for the development by first determining the applicable park fee rate on schedule 2, by component fee, for the benefit areas in which the property is located. The component fee then shall be multiplied by the number of dwelling units for which approval is being sought, reduced by any offset due pursuant to section 26.03.016, and net component fees shall be totaled. The schedule 2 rate in effect at the time of final plat approval shall be used to calculate the park fees, except as provided in subsection (d) of this section.
(d) 
The director shall collect the applicable park fee prior to or at the time of approval of the final plat. If the number of dwelling units proposed at such time has changed since the application for the final plat was filed, the director shall recompute the park fees using the method set forth in subsection (c) of this section, except that the fee for any additional units shall be based on the park fee rate then in effect.
(e) 
If a final plat for which a park fee has been paid has been vacated, and a new final plat is approved, the park fees due shall be computed on the basis of the park fee rate in effect at the time of the new final plat, with credit for payment of the old fee being applied against the new rate.
(1999 Code, sec. 70-122)
(a) 
Except as provided in subsection (b) of this section, park fees collected for each benefit area pursuant to this article must be used solely for the purpose of funding the acquisition and/or improvement of park facilities for such benefit area in accordance with the parks and open space master plan and the park improvements plan or for reimbursement to the city for such acquisition and/or improvement, including reimbursement for amounts expended prior to the adoption of this article if such amounts and improvements funded serve new growth and development. Eligible costs include, but are not limited to, land acquisition, including costs of eminent domain; recreational equipment purchase and installation of improvements and amenities; utility installation and relocation; vehicular and pedestrian access; and the planning, engineering and design of the park and its improvements. Park fees may also be used to pay the principal sum and interest and other finance costs on bonds, notes or other obligations issued by or on behalf of the city to finance such park facilities.
(b) 
Park fees collected shall not be used to maintain, repair or operate the existing park system, nor to finance park and recreational activities other than park facilities.
(c) 
The city may issue and utilize general obligation bonds, revenue bonds, revenue certificates or other certificates of indebtedness as are within the authority of the city in such manner and subject to such limitations as may be provided by law in furtherance of the financing and provision of park facilities as set forth in the parks and open space master plan. Park fees paid pursuant to this article, however, shall be used solely for park facilities acquisition and improvement.
(1999 Code, sec. 70-123)
(a) 
The city's finance department shall establish a separate interest-bearing account into which all park fees collected shall be deposited, segregated by benefit area. Funds collected within each benefit area designated in exhibits A through D shall be earmarked for expenditure solely and exclusively for park facilities acquisition and/or improvement within such benefit area pursuant to the parks and open space master plan and the park improvements plan.
(b) 
Interest earned on park fees shall be considered funds of the park fees account and shall be used solely for the purposes specified for the funds of such account.
(c) 
The city's finance department shall establish adequate financial and accounting controls to ensure that park fees disbursed are utilized solely and exclusively for park facilities acquisition and/or improvement or for reimbursement to the city of advances made from other revenue sources to fund such facilities. Disbursement of funds shall be authorized by the city at such times as are reasonably necessary to carry out the purposes and intent of this article; provided, however, that funds shall be expended within a reasonable period of time, but not to exceed ten years from the date park fees are collected.
(1999 Code, sec. 70-124)
(a) 
The current property owner on which a park fee has been paid may apply for a refund of such fee if:
(1) 
The property on which a park fee has been paid has not been served by park facilities as provided in section 26.03.009; or
(2) 
The final plat for a residential development pursuant to which a park fee has been paid has been vacated or has been withdrawn.
(b) 
Only the current property owner may petition for a refund. A petition for refund must be filed within one year of the event giving rise to the right to claim a refund.
(1999 Code, sec. 70-125)
(a) 
The city shall offset the reasonable costs of any land which has been dedicated to and accepted by the city for park facilities, or the reasonable costs of park improvements to an agreement for capital improvements executed by the property owner and properly secured, consistent with the parks and open space master plan, against park fees due, subject to guidelines established by the city, and the city has accepted such dedication or entered into such agreement.
(b) 
All offsets against park fees shall be based upon standards promulgated by the city, which may be adopted as administrative guidelines. The following rules apply:
(1) 
The reasonable costs of the park facilities that have been dedicated shall be offset only against the park component fee due for that type of park facility.
(2) 
Where the schedule 2 park component fee is less than the schedule 1 park component fee, the amount of the offset shall not exceed an amount equal to the eligible value of the offset multiplied by a fraction, the numerator of which is the park component fee due for the new development as computed using schedule 2 and the denominator of which is the maximum park component fee as computed using schedule 1.
(3) 
The unit costs used to calculate the offsets shall not exceed those assumed as the average costs of the park facilities which were used to compute the maximum park component fee for the benefit area in which the property is located.
(4) 
No offset shall be granted that exceeds the park component fee due for the development unless otherwise agreed to by the city.
(5) 
Any offset created by the dedication of park facilities shall expire ten years after the date that the offset was created.
(c) 
An applicant may apply for an offset against park fees either at the time of approval of a subdivision plat or at the time of dedication by separate instrument. The petitioner may appeal the determination of the director concerning the offset to the city council.
(d) 
The amount of the offset shall be prorated among the number of dwelling units approved for the development unless otherwise agreed to by the city.
(1999 Code, sec. 70-126)
(a) 
At least two years prior to the update of park fees required by section 26.03.011(b), the director shall prepare a report to the city council on park fees. In the preparation of such report, the following information shall be reviewed:
(1) 
A statement summarizing park fees collected and disbursed;
(2) 
A statement summarizing park facilities acquisition and development and the status thereof;
(3) 
A statement summarizing the administration and enforcement of the park fee; and
(4) 
A statement and recommendation from the parks and recreation board on any and all aspects of the park fee and city park needs.
(b) 
The report shall make recommendations, if appropriate, on amendments to this article, changes in the administration or enforcement of this article, changes in the park fee rates, changes in the park improvements plan, and changes in the parks and open space master plan.
(c) 
Based upon the report and such other factors as the city council deems relevant and applicable, the city council may amend this article, including but not limited to exhibits and fee schedules.
(1999 Code, sec. 70-127)
(a) 
The property owner or applicant may appeal the following decisions of the director to the city council:
(1) 
The applicability of the park fee;
(2) 
The amount of the fee due;
(3) 
The amount of refund due, if any; or
(4) 
The determination of an offset.
(b) 
The burden of proof is on the appellant to demonstrate that the amount of the fee, the amount of the refund or the amount of the offset was not calculated according to the applicable schedule of fees or the guidelines established for determining offsets. The appellant must file a notice of appeal with the city secretary within 30 days following the determination by the director.
(1999 Code, sec. 70-128)
This article shall not affect, in any manner, the permissible use of property, density of development, design and improvement standards and requirements or any other aspect of the development of land or provision of public improvements subject to the zoning and subdivision regulations or other regulations of the city, which shall be operative and remain in full force and effect without limitation with respect to all such development.
(1999 Code, sec. 70-129)
Petitions for variances and exceptions to the application of this article shall be made to the director of the department of parks and recreation in accordance with procedures to be established by resolution of the city council. If the city council grants a variance or exception to the amount of the park fee due for a new development under this section, it shall cause to be appropriated from other city funds the amount of the reduction in the park fee to the account for the benefit area in which the property is located.
(1999 Code, sec. 70-130)
All of the regulations provided in this article are hereby declared to be governmental and for the health, safety and welfare of the general public. Any member of the city council or any city official or employee charged with the enforcement of this article, acting for the city in the discharge of his duties, shall not thereby render himself personally liable, and he is hereby relieved from all personal liability for any damage that might accrue to persons or property as a result of any act required or permitted in the discharge of his duties.
(1999 Code, sec. 70-131)
Any violation of this article can be enjoined by a suit filed in the name of the city in a court of competent jurisdiction, and this remedy shall be in addition to any penal provision in this article or in the code of the city.
(1999 Code, sec. 70-132)
Any person violating any provision of this article shall be fined not less than $500.00 for each offense, and a separate offense shall be deemed committed on each day during or on which a violation occurs or continues.
(1999 Code, sec. 70-133)