shall include every person, firm or corporation constructing
a new dwelling unit, directly or through the services of any employee,
agent, independent contractor or otherwise.
shall include each structure of permanent character, placed
in a permanent location but not limited to one- , two- and multifamily
dwellings, apartments, mobile home spaces, but shall not include hotels,
motels and boardinghouses for transient guests.
(O4123)
The Orchard Avenue area park fee is established to be imposed
on the developer of each new dwelling unit within the Orchard Avenue
area as described on Exhibit "A" attached to the ordinance codified
in this section and incorporated by reference. The Council shall,
in a Council resolution set forth the specific amount of the fee,
describe the public improvements to be financed by such fee, describe
the estimated cost of such facilities and describe the reasonable
relationship between this fee and the various types of new development
and set forth a time for payment. On an annual basis, the Council
shall review the fee to determine whether the fee amount is reasonably
rated to the impacts of development and whether the described public
facility is still needed.
(O4115; O4123)
The revenues raised by payment of this fee shall be placed in
a separate and special account and such revenues, along with any interest
thereon shall be used solely for the purpose of developing a neighborhood
park within the boundaries of the Orchard Avenue area to reimburse
the city for funds advanced from other sources to develop such park
or to reimburse a developer who has developed such park.
(O4123)
A developer of each dwelling unit subject to the fee described
in this chapter may apply to the Council for a reduction or adjustment
to that fee or waiver of that fee based upon the absence of any reasonable
relationship of nexus between the impact of that dwelling unit and
either the amount of the fee charged or the type of facility to be
financed. The application shall be made in writing and filed with
the City Clerk not later than: (1) 10 days prior to the public hearing
on the development permit application on the project; or (2) if no
development permit was required at the time of filing of the request
for building permit. The application shall state in detail the factual
basis for the claim of waiver, reduction or adjustment. The Council
shall consider the application at the public hearing on the permit
application or at a separate hearing held within 60 days after the
filing of the fee adjustment application, whichever is later. The
decision of the Council shall be final. If a reduction, adjustment
or waiver is granted, any change in use within the project shall invalidate
the waiver, adjustment or reduction of the fee.
(O4123)
