20-x01. PARKS, RECREATION, OPEN SPACE AND TRAILS IMPACT FEE
The Parks, Recreation, Open Space and Trails Impact Fee is imposed on all New Development, as defined herein, and requires payment of a Parks Impact Fee, as defined herein, in an amount equal to the proportionate share of the cost of those facilities required to serve New Development. This ordinance is uniformly applicable to all New Development unless otherwise exempted, so that the revenue collected reflects the pro rata demand for new parks generated by New Development, measured by Equivalent Demand Units according to land use type. Any person who engages in New Development must pay the Parks Impact Fee or, in lieu, dedicate an appropriate amount of land for Park Improvements and nature, in the manner and amount established by this Article.
A. PURPOSE. The purpose of establishing the Parks Impact Fee is to ensure that adequate revenue is available to fund Parks Improvement Projects as defined in 20-x-02 and to ensure that the revenue collected will cover Parks Improvement Costs attributable to New Development sufficient to support the demands created by additional growth and development forecasted for the City in the City’s Comprehensive Plan, while maintaining the minimum City-adopted level of service (LOS) for parks. Park and recreation facilities need to be developed to serve the needs of the City’s growing population. This Article provides the financing required to acquire and develop Parks Improvement Projects by establishing a Parks Impact Fee.
B. INTENT. The intent of this Article is to ensure that New Development bears its fair proportionate share of the Park Improvement Costs; to ensure the proportionate share does not exceed the cost of providing Park Improvements; and to ensure that Parks Impact Fees collected from New Development are actually used for Park Improvement Projects that serve New Development.
C. PARKS IMPROVEMENT DISTRICTS. The Parks Impact Fee shall be collected, appropriated, and expended within designated Parks Improvement Districts to ensure that Parks Improvement Projects bear a reasonable relationship to the demand generated for Park Improvement Projects by the New Development in each respective Parks Improvement District. The following Parks Improvement Districts are hereby established and are shown in the Parks and Recreation element of the City’s Comprehensive Plan:
District #1: Real property East of the centerline of K-10 Highway and West of the centerline of Kasold Drive, and South of the centerline of Interstate 70 and North of the centerline of South Ninth Street (EXAMPLE).
District #2: Real property East of the centerline of Haskell Avenue and West of the centerline of Harper, and South of the centerline of K-10 Highway/South 23rd Street and North of the centerline of South 31st Street (EXAMPLE).
20-x02. DEFINITIONS
Adopted Level of Service: The adopted level of service standard for parks established in the City’s Comprehensive Plan which is ten (10) acres of parks per 1000 residents.
City: The City of Lawrence, Kansas.
Comprehensive Plan: The plan adopted by the City on ________, 20_____ by Ordinance No. __________, as amended.
Developer: The developer of real property within a Parks Improvement District that pays a Parks Impact Fee, or his or her or its successor in interest.
Equivalent Demand Unit: The per person average representation of a typical single-family and other dwelling units in the City, and the square footage representation of non-residential New Development in the City according to land use, each as adopted by the City Commission.
Equivalent Demand Unit Rate: The rate, per Equivalent Demand Unit, at which Parks Impact Fees are charged to New Development, as determined by the City Commission after study of needed Parks Improvement Projects in the City in order to maintain the City’s Adopted Level of Service and the proportionate share of the costs of those projects that should be charged against New Development in accordance with this article.
New Development: Development that increases the finished interior square footage of structures within a Parks Improvement District, whether through the creation of new structures or through the expansion of existing structures, or that increases the intensity of the use of existing structures so as to warrant imposition of a Parks Impact Fee in accordance with the then-effective Equivalent Demand Unit Rate.
Parks Improvement District: Any one of the districts defined in 20-x01.C., as may be hereafter amended, which districts are defined by geographic boundaries and shown on the Parks (and Recreation Element of the City’s Comprehensive Plan) in which Parks Impact Fees will be charged for New Development at the rates established under authority of this Article.
Parks Improvement District Map: The City-adopted map incorporated into the Parks and Recreation Element of the Comprehensive Plan and depicting Parks Improvement Districts following the preparation of a study and determination of the areas that will be directly benefited by and that necessitate Park Improvements in the City.
Parks Impact Fee: The impact fees, based upon the Equivalent Demand Unit Rate, payable and charged against New Development to Developers to cover the New Development’s proportionate costs for implementation of Park Improvements within the Parks Improvement District in which the New Development is situated.
Parks Improvement: Improvements, including design and construction, land acquisition, land improvements, landscaping, architecture, and design and engineering related thereto, in furtherance of a City-approved Parks Improvement Project. Park and recreation facilities, including real property used for active and passive recreational uses and new improvements constructed on real estate, which improvements may be constructed on park land or other City owned property, including streamways, and City-owned rights of way. These improvements include, but are not limited to, trails; shelters; playground equipment; lighting; art; parking; sport fields; landscaping and other appurtenances. Remodeling, replacement or maintenance of existing equipment or facilities does not constitute a Parks Improvement.
Parks Improvement Costs: Costs incurred to provide Parks Improvement Projects, including costs for equipment needed to serve new growth and development for planning, design and construction, land acquisition, land improvement, design and engineering related thereto, including the cost of constructing Park Improvements or park facility expansions, including but not limited to the construction contract price, surveying, architectural and engineering fees, related land acquisition costs (including land purchases, court awards and costs, attorney’s fees, and expert witness fees) and expenses incurred for qualified staff or any qualified engineer, planner, architect, landscape architect, or financial consultant to develop the Parks Impact Fee, and administrative costs equal to three percent (3%) of the total amount of the costs. Parks Improvement Costs also include projected interest charges and other finance costs if and to the extent the Parks Impact Fees are to be used for the payment of principal and interest on bonds, notes or other financial obligations issued by or on behalf of the City to finance the Parks Improvement Project. These costs do not include routine and periodic maintenance expenditures, parks and recreation or other City personnel training, and other operational costs.
Parks Improvement Project: A capital improvement project established and approved by the City to implement specific Parks Improvements within a Parks Improvement District.
20-x03. APPLICABILITY OF PARKS IMPACT FEE.
A. New Development: From and after the effective date of this Article, the Parks Impact Fee shall be imposed on all New Development, unless otherwise exempted by this Article or an approved development agreement, in each of the Parks Improvement Districts, as set forth on the Parks Improvement District Map.
B. Exempt Development: The Parks Impact Fee will not be imposed on:
1. New Development, that will not result in additional demand on Parks Improvements within the Parks Improvement District, as in the alteration or expansion of a residential unit, so long as that alteration or expansion does not modify the Equivalent Demand Unit of the residential unit.
2. The replacement or reconstruction of a building or structure that was in place on the effective date of this Article, provided that, if the building or structure is a residential unit, there is no change to the Equivalent Demand Unit of the building, and if a non-residential building or structure, the new building or structure is of the same gross floor area and use.
3. The replacement or reconstruction of a building or structure that was constructed subsequent to the effective date of this Article and for which the correct Parks Impact Fee has been paid, provided that if the building or structure is a residential unit, there is no change to the Equivalent Demand Unit of the building, and if a non-residential building or structure, the new building or structure is of the same gross floor area and use.
4. New Development for which a building permit has been issued by the appropriate City official prior to the effective date of this Article and which permit remains valid. (Could be if a complete plat application has been [reviewed/received].)
5. Public and governmental facilities, including facilities of the City, Douglas County, the state, the federal government, the public school system serving the City, and other statutorily created political subdivisions.
6. New Development that qualifies as affordable housing as defined in XXXXXX.
Any claim for exemption from the Parks Impact Fee shall be reviewed and acted upon by the Planning Director.
C. Relationship of Parks Impact Fee to other Fees, Charges, Taxes and/or Assessments for Parks Improvements. The Parks Impact Fee is applicable to all New Development, unless otherwise exempt pursuant to subsection 20-x03B of this Article, notwithstanding that a Developer has paid, or has been subject to payment of special benefit assessments, exactions or dedication requirements for right of way or other similar fees or charges for facilities or improvements unrelated to Parks Improvements. However, to the extent these fees, charges and/or assessments were imposed for the provision of Parks Improvements that are duplicative of the Parks Improvement Projects for which the Parks Impact Fee will be paid, an appropriate credit shall be calculated and applied pursuant to Section 20-x06 of this Article, to prevent overpayment.
D. Relationship of Parks Impact Fee to Other City Code
Requirements. Establishment of the Parks Impact Fee does not affect
the permissible uses of property, the density or intensity of development, the design
and improvement standards or other applicable standards, requirements or
conditions of the Lawrence Development Code or other City Code requirements that
are operative and that remain in full force and effect with respect to New Development.
The Parks Impact Fee is additional and supplemental to, and not in
substitution of, any other requirements imposed by the City on the development
of land or on the issuance of building permits.
20-x04 CALCULATION OF PARKS IMPACT FEE.
A. Base Parks Impact Fee Calculation. Upon receipt of a building permit application for New Development, the Planning Director will calculate the amount of the Parks Impact Fee. The Parks Impact Fee shall be based upon the Equivalent Demand Unit and the Equivalent Demand Unit Rate established by the City Commission.
B. Equivalent Demand Unit and Equivalent Demand Unit Rate. The Equivalent Demand Unit established for imposition of the Parks Impact Fee is the demand for parks generated by one single family residential structure in the City, taking into account the City’s Adopted Level of Service and derived after study and recommendation by the Director of Parks and Recreation and the Planning Director.
1. The Parks Impact Fee for any single family residential property shall be equal to the Rate imposed on one Equivalent Demand Unit, or the Equivalent Demand Unit Rate.
2. The Parks Impact Fee for residential structures other than single family residential structures shall be based upon the applicable Equivalent Demand Unit established by the City Commission by resolution for each additionally designated residential use.
3. The Parks Impact Fee for all non-residential New Development shall be based upon the Equivalent Demand Unit Rate adopted by the City Commission for the particular non-residential use, multiplied by the square feet of the structure for which the building permit is requested, divided by the number of square feet in one Equivalent Demand Unit for the non-residential use.
C. Equivalent Demand Unit Rate Schedule. The City Commission will adopt a resolution establishing the Equivalent Demand Unit Rate. This resolution will be approved based upon the established pro rata cost of Parks Improvement Projects on New Development in each Parks Improvement District. Upon adoption, the resolution shall establish the method of the calculation and imposition of Parks Impact Fees. The Equivalent Demand Unit Rate may be automatically adjusted annually as provided in subsection 20-x04.F. of this Article. The Governing Body shall periodically review the adopted Equivalent Demand Unit Rate schedule and make recommendations for modifications and adjustments to:
1. further the purposes and intent of the City’s Capital Improvement Plan or Parks and Recreation element of the Comprehensive Plan; and
2. account for the fiscal offset of county, state or federal financial assistance or grants received to fund Parks Improvement Projects within the Parks Improvement Districts.
D. Basic Formula of Calculation. The Parks Impact Fee is calculated in each Parks Impact District according to the following formula:
Future Park Need = Adopted Level of Service x projected new population at
build-out[1]
or established horizon year.
Total Development Costs = Future Park Need x (Land Acquisition* + Development
Costs**)
Parks Impact Fee = Total Development Costs
Number of Anticipated Equivalent Demand Units at build-out or established horizon year.
*Land acquisition costs are based upon the average cost per acre
for undeveloped property zoned for single family or multiple family dwelling
residential land uses within the applicable Parks Impact District, with an
adjustment to account for the inflationary value of property according to the
LPI based upon the year in which property was bought or sold.
**Development costs are based upon an average of park development costs per acre expended by the City in the past five years, with an adjustment to account for the inflationary value of property according to the consumer price index based upon the year in which the park was developed.
E. Additional Calculation Considerations.
1. If the New Development proposed is a mixed or multiple use development, each identified land use is subject to a separate Parks Impact Fee calculation based upon the Equivalent Demand Units of each land use.
2. If the New Development is non-residential and is speculative in nature and no particular land use is proposed, the Planning Director may calculate the Parks Impact Fee based upon the Equivalent Demand Unit Rate for the most likely use of the New Development given the New Development’s zoning classification, square footage and location. The Planning Director is authorized to charge an additional Parks Impact Fee to a tenant finish building permit applicant to account for a different Equivalent Demand Unit Rate in the use of non-residential New Development than was anticipated at the time of initial calculation of the Parks Impact Fee. Once each successively more intensive land use is established within a tenant finish, the more intensive use shall be presumed to be the permanent use of the tenant finish and no credit will be issued upon the later establishment of a lesser-intensive use. No certificate of occupancy shall be issued in this instance until the property Equivalent Demand Unit Rate has been paid.
4. All Parks Impact Fee calculations shall be based upon the Equivalent Demand Unit Rate schedule in effect at the time a complete building permit application is received by the City. If the New Development proposed is phased, the Parks Impact Fee shall be calculated separately for each phase at the time of and, based upon receipt by the City of specific building permit applications. The purpose of this subdivision is to make clear that commencement of construction of New Development does not lock in or grandfather the current Equivalent Demand Unit Rate for New Development that commences later in time on the same real property.
5. An applicant may request a non-binding estimate of Parks Impact Fees due for a potential New Development project. The estimate shall be based on the Parks Impact Fee schedule in effect at the time of the request. To obtain the non-binding estimate, a Developer must submit a full and complete description of the proposed New Development project, including its location, the proposed land use type, the proposed zoning classification of the New Development, the number of proposed units if residential and the proposed gross square footage applicable to each proposed non-residential land use. The estimate is not binding on the City and the applicant is on notice that the estimate is subject to change when a formal application for the New Development is submitted to the City.
F. Equivalent Demand Unit Rate Inflation Adjustment.
Annually, as soon as this information is available, the Equivalent Demand
Unit Rate shall be automatically adjusted, up or down, proportionate to the
percent increase or decrease in the average CPI for the Kansas City metropolitan
area for the immediately preceding year. The Equivalent Demand Unit Rate
adjustment shall become effective thirty (30) calendar days following
publication in the City’s official newspaper. The new Equivalent Demand Unit
Rate shall also be conspicuously posted in the City Planning and Development
Department at City Hall.
20-x05. DEDICATIONS IN LIEU OF PAYMENT OF PARKS IMPACT FEE.
A. Dedication as Alternative to Payment of Parks Impact Fee. Dedication of property may be an alternative to payment of all or a portion of the Parks Impact Fee imposed by this Article. The offer of dedication by the Developer must specifically request the provision of a Parks Impact Fee credit pursuant to Section 20-x06 of this Article.
1. Every request by a Developer to dedicate parkland in lieu of paying the Parks Impact Fee shall be made to the Planning Director, who will then consult with the Director of Parks and Recreation. The Director of Parks and Recreation may request advice and recommendations from the Parks and Recreation Committee. Thereafter, the Planning Director and the Director of Parks and Recreation shall make a recommendation on the advisability of accepting the dedication in lieu of payment of the Parks Impact Fee to the City Commission.
2. The City Commission’s decision to accept a dedication shall be based upon the recommendation of the Planning Director and the Director of Parks and Recreation, an analysis of the City’s Parks Improvement needs, the Comprehensive Plan, and a determination of whether the proposed dedication or conveyance better meets the community’s need for Parks Improvement Projects than would a payment of funds to mitigate the impacts the New Development will have on the parks and recreation system in the City and, more particularly, in the specific Parks Impact District in which the New Development is situated.
B. Evaluation of Dedication of Property in Lieu of Payment of Parks Impact Fee. Property is suitable for dedication for Parks Improvement Projects if:
1. Inclusion of the property in to the parks and recreation system satisfies an integral element of the Parks and Recreation element of the Comprehensive Plan, and is located in or near areas designated for Parks Improvements;
2. The property is suitable for future active and/or passive Parks Improvement Projects;
3. The property is of a size and configuration that allows for the flexible implementation of a variety of Parks Improvements as specified by the Parks and Recreation element of the Comprehensive Plan;
4. The property has no known drainage, erosion or flooding control problems, of if these problems exist the problems are temporary in nature and will not affect the day to day use of Parks Improvements made on the property;
5. The property is not environmentally contaminated, or if it is contaminated, remediation has been undertaken to the satisfaction of the City;
6. The property and/or improvements thereon reduce the impact of the New Development on the park and recreation facility needs of the City; and
7. The market value of the property is commensurate with its value as a park.
8. The property has public access via a public street or an easement;
9. The property provides linkage between city and/or other publicly owned recreation properties.
C. Dedicated Property to be Set Aside. All property
dedicated or conveyed pursuant to this Article shall be set aside for
development of Parks Improvement Projects, and the City shall make every effort
to implement Parks Improvement Projects on property dedicated or conveyed for
park and recreation facilities in lieu of payment of the Parks Impact Fee.
D. Value of Dedication. Credit will be given to the Developer for the fair market value of property dedicated and accepted by the City. Fair market value means the price a property will bring in a competitive and open market under all conditions of a fair sale, the buyer and seller each prudently knowledgeable, and assuming the price is not affected by undue stimulus.
1. The fair market value shall be based upon comparable sales of nearby property as determined by the City. If the Developer objects to this value determination, the Developer, at his or her own cost, may obtain and submit an independent appraisal from an MAI designated appraiser indicating the fair market value of such property.
2. Final determination of this fair market value per acre of the property shall be made by the City Commission in its sole discretion, based on the information submitted by the Developer and from other sources that may be submitted to the City Council.
3. The City’s willingness to entertain negotiations with a Developer for dedication in lieu of payment of the Parks Impact Fee does not bind the City to accept the dedication in lieu of payment of the Parks Impact Fee. Notwithstanding the Developer’s authority under this Section to challenge the City’s determination of fair market value of the property proposed for dedication, the decision to proceed with dedications remains with the City, and upon a challenge of the fair market value of the property by the Developer, the City may elect to waive any participation in the dedication and impose the Parks Impact Fee on the Developer, in accordance with this Article.
E. Timing of Dedication – Accrual of Benefits to Developer Assignable to Third Parties. Because this Article imposes the payment of the Parks Impact Fee on New Development at the time of building permit issuance, and because the dedication of property for Parks Improvement Projects is largely a function carried out during the platting phase of property, this Subsection makes explicit that Credits available under Section 20-x06 may be assigned by a Developer that has subdivided property and dedicated property in lieu of payment of the Parks Impact Fee to lots within a subdivision, or may be assigned to other Developers engaging in New Development. In either case, the subdivider shall make every effort to finalize assignments of credits at the time of acceptance of the dedication. (NOTE: Is there anything re: dedications we need to reference from the subdivisions chapter?)
F. Sale of Dedicated Property by City. All of the foregoing in this Section notwithstanding, in the event that the City accepts property in lieu of payment of the Parks Impact Fee and use of the dedicated property for Parks Improvements is later determined by the City Council to be infeasible, or otherwise not in the City’s best interest for any reason, the dedicated property may be sold or may be traded for another parcel of property in the City, subject to the requirements of state law and City Code. The proceeds from this sale shall be used to acquire park property or develop Parks Improvements within in the City and, to the extent feasible, within the Parks Impact District from which the property was initially dedicated.
20-x06. CREDITS.
A. Eligibility for Credits. When eligible, Developers are entitled to a credit against Parks Impact Fees otherwise due and owing under the circumstances and in the manner set forth in this section. Credits against the Parks Impact Fee calculated to be due from a New Development, pursuant to subsection 20-x04.A. shall be made when determined by the Planning Director to be necessary to avoid overcharging an applicant when any one or more of the following circumstances exist:
1. The Developer has previously constructed, improved or otherwise contributed, all or a portion of a Parks Improvement Project. Developers who, following the approval of the City, construct Parks Improvements for which Parks Impact Fees would otherwise be imposed and which are included as Parks Improvement Projects that are deemed necessary by the City are entitled to a credit. The credit allowed pursuant to this Section is equal to the present value of the cost of construction of the Parks Improvement, up to a maximum of the Parks Impact Fee due for the Parks Improvement Project. In the event a Developer enters into a private agreement with the City to construct or contribute Parks Improvements such that the amount of the credit created is in excess of the Parks Impact Fee that would otherwise have been paid for the New Development, the Developer shall be reimbursed for the excess construction or contribution from Parks Impact Fees paid by other Developers in the Parks Improvement District;
2. The Developer has previously paid through an approved development agreement or other method, including through the dedication of property in lieu of payment of the Parks Impact Fee in accordance with Section 20-x05, for all or a portion of a Parks Improvement Project. In the event a Developer enters into a development agreement with the City to fund Parks Improvements such that the amount of the credit created is in excess of the Parks Impact Fee that would otherwise have been paid for the New Development, the Developer shall be reimbursed for the excess funding from Parks Impact Fees paid by other Developers in the Parks Improvement District;
3. The Developer has previously paid Parks Impact Fees for New Development in which the building permit lapsed and for which no refund was given, and the New Development is proposed anew and there has been no increase in the Equivalent Demand Unit affecting the New Development.
4. The Developer establishes that taxes collected on the New Development are earmarked for Parks Improvement Costs for which the Developer should be given credit.
B. Application for Credits: Applications for credits shall be made by the Developer at or before the time of building permit application on a Credit Application/Calculation Form provided by the City. The application form shall be completed and, where necessary, shall be accompanied by appropriate documentary evidence demonstrating the eligibility of the Developer for the credit. The Planning Director shall verify the eligibility for, and calculate the amount of, the credit due. The credit shall be applied against the Parks Impact Fee, subject to the provisions of Subsection A for payment of credits exceeding the amount of Parks Impact Fees owed, provided, however, that any credit exceeding the amount of the Parks Impact Fee otherwise calculated to be due, pursuant to subsection 20-x04, shall only be paid in accordance with this Section.
C. Calculation of Credits: In calculating the amount of the credit that may be due to the Developer, the Planning Director shall verify:
1. the funds previously paid by the Developer, either by development agreement or other funding mechanism or through prior payment of Parks Impact Fees, and the use of that contribution for a Parks Improvement Project; or
2. to the maximum extent possible, where Parks Improvements have been made by the Developer, the value of the credit by establishing the relevant Parks Improvement Cost and, where no cost is available from the Developer, assigning that cost based upon the reasonable and customary Parks Improvement Costs in the City. Eligible costs include Parks Improvement Costs. Preliminary studies and reports are not eligible for credit.
D. Time of Application of Credits. Credits will be credited or applied to a Developer at the time of determination that such credit is due by the Planning Director.
20-x07. COLLECTION OF PARKS IMPACT FEE. The Planning Director shall collect the Parks Impact Fee due as determined by the calculation in 20-x04 at the time of building permit issuance unless:
A. The Developer has been determined to be entitled to a full credit;
B. The Developer’s New Development is exempt, pursuant to subsection 20-X03.B.1 through B.6 of this Article or a use otherwise determined not subject to the Parks Impact Fee; or
C. The Developer has taken an appeal from the City’s determination of the Parks Impact Fee due or credit available, and a bond or other approved surety in the amount of the Parks Impact Fee, as determined by the Planning Director, has been posted with the City in accordance with Section 20-x09 of this Article.
20-x08. DEPOSIT OF PARKS IMPACT FEES INTO RESTRICTED ACCOUNTS, BY DISTRICT.
A. Establishment of Accounts. The Finance Director will establish separately identifiable interest-bearing Parks Impact Fee accounts for each Parks Improvement District. These accounts shall be clearly identified and all Parks Impact Fees collected shall be placed solely in the account funding the applicable Parks Improvement District. All interest earned and Parks Impact Fees deposited to each account shall be credited to and shall be considered funds of the account. The funds in the account shall not be commingled with other funds, accounts, or revenues of the City, except as provided herein. The City shall establish appropriate accounting procedures and controls to ensure that the Parks Impact Fees are properly deposited, accounted for and appropriated in accordance with the requirements of this Article. The Director of Finance may establish sub-accounts when, in that person’s discretion, identification of funds with greater particularity than is specified herein is warranted. Parks Impact Fees shall be considered expended on a first in, first out basis.
B. Appropriation of Parks Impact Fees. Parks Impact Fee funds may only be appropriated for payment of Parks Improvement Costs for an eligible Parks Improvement Project, as identified in the City’s Capital Improvements Plan, and Parks and Recreation Element of the Comprehensive Plan.
C. Further Restrictions on Appropriations.
1. Parks Impact Fees shall only be appropriated for Parks Improvement Costs associated with Parks Improvement Projects within the Parks Improvement District in which the Parks Impact Fee was collected.
2. Parks Impact Fees shall be appropriated within six (6) years of the beginning of the City fiscal year immediately succeeding the date of Parks Impact Fee collection by the City Commission. An extension may be approved if the appropriation is for an eligible Parks Improvement Project that requires more than six (6) years to plan, design, and construct. If Parks Impact Fees are unused within this period, they shall be returned to the current property owner unless claimed by the Developer in accordance with Section 20-x09.A.
3. Parks Impact Fees may not be appropriated or used for the compensation of City personnel, park maintenance, park operations, or maintenance; or to cure existing deficiencies in the City’s parks system.
D. Procedure for Appropriation of Parks Impact Fees.
1. The City, as part of its annual budget and capital improvements programming process, may identify eligible Parks Improvement Projects anticipated to be funded in whole or in part with Parks Impact Fees. If Parks Improvement Projects are identified, the budget and/or capital improvements program shall specify the Parks Improvement District in which the proposed Parks Improvement Project is situated, the nature and location of the Parks Improvement Project, the demand for the project and the anticipated timing for completion of the project.
2. The City Commission may authorize additional Parks Improvement Projects funded in whole or in part with Parks Impact Fees at such other times as may be deemed necessary and appropriate.
3. The City Commission shall verify that adequate funds are, or will be, available from the appropriate Parks Improvement District account or other appropriate sources at the time needed to fund the Parks Improvement Project, and if Parks Impact Fees collected are insufficient to fund the project, the City may borrow the necessary funds through any legal means to complete the Parks Improvement Project and repay the debt through the future collection of Parks Impact Fees.
4. When the City Commission appropriates capital improvement project funds for a Parks Improvement Project, it may appropriate part or all of the costs of the project from the applicable Parks Impact Fee account for the Parks Impact District in which the project is located. When sources of funds other than Parks Impact Fees are also appropriated to a Parks Improvement Project, the funds first spent by the City shall be deemed the funds from the applicable Parks Impact District account.
5. The City may also expend funds from the Parks Impact Fee account for the acquisition and development of park and recreation facilities within the Parks Impact District that are not on the City’s approved capital improvements program, but which in the sole discretion of the City Commission, are a good opportunity; are in the best interest of the community; and are generally consistent with the Parks and Recreation element of the City’s Comprehensive Plan. These expenditures include the purchase of additional adjacent property offered and accepted as a dedication in lieu of payment of the Parks Impact Fee, which additional adjacent property is either not owned by the Developer or was not part of the dedication in lieu of payment because its value was in excess of the Parks Impact Fee due by the Developer.
20-x09. REFUNDS.
A. Eligibility for Refund. In the following circumstances, a partial or complete refund may be requested:
1. by the Developer, when the building permit upon which the Parks Impact Fee was imposed, calculated, and collected has lapsed or has been revoked, prior to construction commencing, and a new building permit will be needed to develop the property; or
2. by the Developer, when the City has failed to expend the Parks Impact Fees paid by the Developer in compliance with Section 20-x08.C.2 of this Article and the current owner of the property has waived his or her or its right to the refund pursuant to Section 20-x09.B. in writing; or
3. by the Developer, when the Developer reduces the amount of New Development after a building permit has been issued and the Parks Impact Fee has been calculated, subject to Section 20-x04, and paid and provided that the Parks Impact Fee has not yet been appropriated (City, I suppose has to keep an accounting of the funds such that at the end of the sixth year and each year thereafter the amount of Parks Impact Fees collected in year one have been spent – the first in first out accounting method as I recall); or
4. by the current owner of the property, when a refund is due under Section 20-x09.B.2.
B. Refund Procedures.
1. All requests for refunds shall be made on a Refund Application Form provided by the City, which shall be submitted to the Planning Director. The refund applicant shall establish one of the criteria in subsection A. above and provide the City with evidence regarding:
a. documentation as to the amount of the refund to which the Developer or owner believes is due and requested; and
b. documentation that the refund applicant is the current owner of the property or that if not the owner, the Developer of the property that has obtained a waiver of the right to the refund from the current owner or an assignment of the credit from a prior Developer; and
c. the date on which the Parks Impact Fee was paid or credit was awarded by the City.
2. The Planning Director shall review the Refund Application Form and the documentary evidence submitted and within 30 days following receipt of a completed Refund Application Form, make a determination of whether a refund is due. The determination of the Planning Director shall be in writing and shall state the reasons for the determination. Refunds may be authorized by direct payment to the refund applicant, by offsetting the refund against other fees due for development projects by the Developer on the same or other property with regard to the Parks Impact District, or otherwise by agreement with the refund applicant. The refunded fees shall be taken from the account into which the Parks Impact Fees were originally placed. The refund shall only reflect the actual amount collected, or a partial amount, if appropriate. There shall be no payment for accrued interest.
3. All refunds will be paid, to the extent they are payable, within sixty (60) days after the Planning Director determines whether the refund is due.
C. Timing of Requests for Refunds. Applications for
refunds shall be considered only if made within the following time frames:
1. if upon the revocation or lapsing of a building permit, within ninety (90) days of the revocation or lapse;
2. if upon failure of the City to timely expend Parks Impact Fee funds, within one hundred eighty (180) days following the expiration, or any extension thereto, of the time limit established in Section 20-x08.C.2.; or
3. if upon a reduction in the intensity or amount of New Development within the Parks Improvement District, within ninety (90) days after the issuance of a certificate of occupancy.
20-x10. APPEALS FROM DECISION OF PLANNING DIRECTOR.
A. Procedure for Appeal from Planning Director. All determinations of the Planning Director made pursuant to this Article including, but not limited to, applicability of the Parks Impact Fee, calculation of the Parks Impact Fee amount due, eligibility for and the amount of credits and eligibility for and the amount of refunds, may be appealed to the City Manager or the City Manager’s appointee. The appellant must file a written notice of appeal with the City Clerk within thirty (30) days following the determination of the Planning Director from which the appeal is being taken. The notice of appeal shall state with particularity the decision being appealed; the grounds for the appeal; and the specific relief sought. The City Manager shall issue a written decision on the appeal within thirty (30) days of receipt of the perfected appeal.
B. Procedure for Appeal from City Manager. Following the written decision of the City Manager, the applicant may appeal the decision to the City Commission. The subsequent appeal shall be perfected in the same manner as the original appeal and shall be filed with the City Clerk within ten (10) days of the City Manager’s written decision. The City Commission shall consider and issue a written decision on the appeal within thirty (30) days of receipt of the perfected appeal.
C. Notice of Appeal. The filing of a notice of appeal shall not stay the imposition, calculation, or collection of the Parks Impact Fee as calculated by the Planning Director unless a bond, letter of credit or other approved and sufficient surety has been filed with the City. If the notice of appeal is accompanied by a bond, letter of credit or other approved surety satisfactory to the City Attorney and in an amount equal to the Parks Impact Fee due as calculated by the Planning Director, the Building Official may issue the subject building permit.
D. Burden of Proof. The burden of proof shall be on the applicant to demonstrate that the determination of the Planning Director from which the appeal is being taken, is erroneous.
[1] Projected new population is in actuality derived by looking at the future growth maps and zoning map of the City. New Population accounts not only for residents in the City, but also for workers of commercial buildings who are shown to use parks on lunch hours, before and after work.