§ 98-2521. Short title; applicability; purpose.

(a)

This article shall be known and may be cited as the "Park, Recreation and Open Space Impact Fee Ordinance."

(b)

This article shall apply to the development of property for residential use located within the boundaries of the city. Nonresidential development of property shall not be subject to the terms of this article.

(c)

The existence of public parks has substantial benefits to proximate residential development. These benefits include actual use by residents of such development and aesthetic, recreational and environmental benefits to the residential area and its population. These benefits accrue to all properties and residents of the area.

(d)

The purpose of this article is to provide not only for the minimum level of service established by the city comprehensive plan, but also for the additional public park, open space and recreation facilities necessary to adequately address the impact and serve the demands of new residential development and to require that future residential growth contributes its fair share to the cost of additions and improvements to the city's public park system in amounts reasonably anticipated to offset the impact and demands generated by such growth. This cost does not include operational and maintenance cost.

(Code 1960, § 32-221; Ord. No. 92-145, § 2(1), 12-8-1992)