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Ordinance 2001-134
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Ordinance 2001-134
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Last modified
7/20/2010 10:36:05 AM
Creation date
1/25/2006 4:41:00 PM
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CityClerk-Ordinances
Ordinance Number
2001-134
Date (mm/dd/yyyy)
07/24/2001
Description
Parks & Recreation Impact Fee.
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<br />4. Offsets for dedication of land or provision of public facilities shall be applicable <br />only as to impact fees imposed for the same types of public facilities that are <br />proposed to be dedicated or provided. Even if the value of the dedication of land <br />or provision of a public facility exceeds the impact fee due for the type of public <br />facility, the excess value may not be transferred to impact fees calculated to be <br />due from the applicant for other types of public facilities for which impact fees <br />may be imposed. Offsets may, however, be transferred to the same applicant or <br />to other applicants for new development which are proposed within the final <br />approved plan for a single development and for the same type of public facility. <br /> <br />5. Notwithstanding any other provision of this Section 3.C. hereinabove, no credit <br />or offset shall be given for land dedicated, cash contributed or actual <br />construction undertaken prior to the effective date of this Ordinance. <br /> <br />D. Collection. <br /> <br />1. The Building Official or designee, shall collect all applicable impact fees at the <br />time of issuance of a building permit and shall issue a receipt to the applicant for <br />such payment unless: <br /> <br />a. the applicant is determined to be entitled to a full offset, or <br /> <br />b. the applicant has been determined to be not subject to the payment of <br />an impact fee; or <br /> <br />c. the applicant has filed an appeal and aft irre'looable letter of credit <br />cash bond in the amount of the impact fee, as calculated by the <br />Building Official or designee, has been posted with the City. Such <br />cash bond must first be approved by the City Attorney. <br /> <br />2. The Building Official shall collect an impact fee, at the time of issuance of a <br />building permit, even if impact fees were paid by the applicant at an earlier time <br />in the development permit or approval process, including at the time of <br />application for a building permit, if the amount of the impact fees has increased <br />since such prior approval. The applicant shall only be liable for the difference <br />between the impact fees paid earlier and those in effect at the time of issuance of <br />the subsequent building permit. <br /> <br />Section 4: Establishment 0 Impact Fee Accounts; Appropriation of Impact Fee Funds and Refunds <br /> <br />A. Impact Fee Accounts. An impact fee account shall be established by the Commission for <br />each category of public facilities for which impact fees are imposed. Such account shall clearly <br />identify the category, account, or fund for which the impact fee has been imposed. Subaccounts <br /> <br />Parks & Rec Impact Fee Ord <br />LMD:ch <br />7/20/01 - 11:36 AM <br /> <br />10 <br />
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