§ 5.3.2. Park land dedication.

(A)

Dedication required. Whenever a development is proposed upon land which is designated for park purposes in the Comprehensive Plan or required to be dedicated pursuant to policies of the Plan, dedication of such land shall be made prior to approval of any development request on such property with the exception of annexation and or zoning. Dedication shall be made through platting.

(B)

Limitation on dedication requirement. However, the degree to which dedication without compensation is imposed shall be limited to the following:

(1)

In a single family subdivision with lot sizes of 12,500 square feet or less, an amount of land equal to eight percent of the total subdivision shall be dedicated

(2)

In a single family subdivision with lot sizes in excess of 12,500 square feet , an amount of land equal to five percent of the total subdivision shall be dedicated.

(3)

For multiple family projects, planned residential developments (PRD's), hotels, motels, or resort dwelling developments, such dedication shall be at the rate of five acres per 1,000 persons projected to reside in the proposed development. For the purpose of this Section, an occupancy factor of 2.31 persons per unit shall be used and there shall be no vacancy factor.

(C)

Impact fee required. Whenever a development is proposed upon land which is not designated for park purposes in the Comprehensive Plan, an impact fee assessed for the purpose of providing park and recreational facilities shall be imposed.

(1)

The amount of the fee shall be $500.00 per dwelling unit regardless of the size or occupancy of the unit.

(2)

The fee shall be assessed against the following type of development:

(a)

single family homes,

(b)

duplexes,

(c)

multiple family dwelling units,

(d)

motels, hotels, residential inns,

(e)

resort dwelling units.

(3)

The impact fee for single family dwellings shall be imposed and collected upon first development of the lot and collected at the time of issuance of the building permit. Upon redevelopment of a lot, an impact fee credit shall be given for the demolition of any structure built after February 23, 1982. No credit shall be given for structures built prior to February 23, 1982 and a park impact fee is due upon issuance of a building permit. [Amd. Ord. 34-09 8/18/09]; [Amd. Ord. 9-92 3/11/92]

(4)

The impact fee for all other types of development shall be imposed for each structure/dwelling unit and collected at the time of issuance of a building permit. If such development involves previously permitted and inhabited dwelling units which must be demolished that were constructed after February 23, 1982, a credit for each dwelling unit demolished shall be applied. If the structure/dwelling unit to be demolished was constructed before February 23, 1982, no credit shall be issued and a park impact fee will be required at issuance of a building permit. If the development involves a lot that has been subdivided since the initial impact fee was paid, a new impact fee shall be imposed for each new structure/dwelling unit on each new lot. [Amd. Ord. 34-09 8/18/09]; [Amd. Ord. 9-92 3/11/92]