§ 19-1010. Imposition of parks and recreation impact fees.

(a)

Declaration of Service Areas and Level of Service.

(1)

The service areas for parks and recreation facilities with respect to which parks and recreation impact fees are assessed under this section 19-1010 are hereby declared to be as follows. The service areas are depicted by the map attached as Attachment 2 hereto, which by this reference is incorporated herein, and by the descriptions of such areas included in the impact fee study.

a.

The Northside Service Area is hereby defined to include all land within the corporate limits of the city and within the following census tracts as defined by the United States Bureau of the Census: 1, 2, 4, 5, 6, 10.95, 11, 12, 13, 14, 15, 88, 89, 90, 91, 92, 93, 94, 95, 96, 97, 98, 99, 100, 101.01, 102.01, 201, 202.

b.

The Southside Service Area is hereby defined to include all land within the corporate limits of the city and within the following census tracts as defined by the United States Bureau of the Census: 16, 17, 18, 19, 20, 21, 27, 28, 29, 30, 31, 32, 33, 35, 44, 46.95, 48, 49.95, 50, 52, 53, 55.01, 55.02, 56, 57, 58, 63, 64, 65, 66.01, 67, 68.01, 68.02, 69, 70, 71, 72, 73, 74, 75, 203, 204, 205, 206, 207, 208, 209.

c.

The Westside Service Area is hereby defined to include all land within the following census tracts as defined by the United States Bureau of the Census: 7, 8, 22, 23, 24, 25, 26, 36, 37, 38, 39, 40, 41, 42.95, 43, 60, 61, 62, 66.02, 76.01, 76.02, 77.01, 77.02, 78.02, 78.03, 78.04, 79, 80, 81.01, 81.02, 82.01, 82.02, 83.01, 83.02, 84, 85, 86.01, 86.02, 87.01, 87.02, 103.

(2)

The level of service for parks and recreation facilities is hereby declared to equal to five and seventy-five one hundredths (5.75) acres per 1,000 functional population, as described and calculated in the impact fee study.

(b)

Applicability of Fee.

(1)

Any person who after the effective date engages in development within the service areas identified in Attachment 2 shall pay a parks and recreation impact fee in the manner provided in this chapter.

(2)

No building permit for any development requiring payment of a parks and recreation impact fee pursuant to this chapter shall be issued by the city unless and until the parks and recreation impact fee has been paid.

(c)

Fee Formula. Parks and recreation impact fees under this chapter shall be calculated using the following formula, as more fully described in the impact fee study:

Functional population per unit × 0.00575 acres per functional population × capital cost per acre × discount factor = Development impact fee; where the discount factor shall be 0.50 for all service areas.

(d)

Parks and Recreation Impact Fee Schedule. Unless an independent fee determination is requested in accordance with section 19-1012, the parks and recreation impact fee shall be determined by the schedule attached hereto as Attachment 1B, "Parks and Recreation Impact Fee Schedule," which by this reference is incorporated herein.

If a building permit is requested for a building with mixed land use types, the parks and recreation impact fee shall be determined according to the parks and recreation impact fee schedule by apportioning the gross floor area committed to each land use type specified in the schedule.

If the type of development for which a building permit is applied is not specified in the fee schedule, the director shall use the fee applicable to the most nearly comparable type of land use on the fee schedule. If the director determines that there is no comparable type of land use on the fee schedule, the director shall use the formula set forth in subsection 19-1010(c) above.

If the parks and recreation impact fee has been calculated and paid based on error or misrepresentation, it shall be recalculated. If the original calculation resulted in a fee that was too high, the difference shall be refunded to the feepayor. If additional development impact fees are owed, no permits of any type shall be issued by the city for the building or use in question, or for any other part of a development project of which the building or use in question is a part, while the fees remain unpaid, and the director may bring any action permitted by law or equity to collect unpaid fees, including but not limited to revocation of building permits and/or certificates of occupancy.

(Code 1977, § 19-1010)