§ 12-4.509. UGM PARK FEES.


Latest version.
  • A.

    UGM PARK SERVICE AREAS.

    1.

    The Council shall establish by resolution UGM Park Service Areas within the Urban Growth Management Area.

    a.

    The official map for each UGM Park Service Area shall be kept on file in the Office of the Public Works Director.

    2.

    The Public Works Director may adjust the boundaries of an established Park Service Area or may concurrently adjust the common boundaries within two or more established Park Service Areas under either of the following circumstances.

    a.

    When the service area boundary crosses through a proposed development; or

    b.

    When it is determined by the Public Works Director that a proposed development will be serviced from an adjacent service area.

    B.

    UGM PARK FEE.

    1.

    The Council shall designate in the Master Fee Resolution a separate schedule of UGM Park Fees for each UGM Park Service Area.

    2.

    Fees set forth in the Master Fee Resolution shall be amended during the month of January each year to reflect:

    a.

    Inflation in the estimated cost of a park, equipment and facilities, land, and other related expenses;

    b.

    Any territory annexed to the park service area during the preceding year which will generate additional fees;

    c.

    Any development which occurred during the preceding year within the service area of the subject park but which is exempt from the payment of fees hereunder;

    d.

    Changes in land use plans approved by the Council affecting the density of development within a service area; and

    e.

    Any other factors influencing the cost of constructing a park.

    C.

    UGM DEVELOPMENT PERMITTED.

    1.

    Development will be permitted within an established UGM Park Service Area only upon payment by the developer of the appropriate UGM Park Capital Fee.

    2.

    When only a portion of a lot is developed, and the remaining portion is to continue undeveloped or is to be used solely for the growing of agricultural crops, the Public Works Director may require the payment of the Park Fee applicable only to that portion of the lot developed or to be developed, provided that the parcel for which such fees are charged shall have an area of not less than twelve thousand five hundred (12,500) square feet. When the balance of the lot is developed, the remaining Park Fee shall be paid. The Public Works Director shall fix the portion of the lot which is to be considered as developed.

    3.

    The UGM Park Capital Fee is payable upon the submittal for final approval of any tract map or parcel map or, in the absence of submittal of a map, at the time of issuance of a building permit. A developer may elect to defer the payment of such fee until issuance of a certificate of occupancy pursuant to an agreement which conforms to the requirements of Section 12-4.604.

    4.

    Development defined within the text of the code to be a planned unit development or development approved pursuant to a Conditional Use Permit shall pay fees according to a rate determined by the Director to be most similar to the actual land use.

    5.

    In the R-A, AE-5 and AE-20 zone districts on a developed lot at least four (4.0) net acres in size, when a portion not less than twelve thousand five hundred square feet of such lot is to be improved with one additional single-family residence, the Director may require the payment of the UGM Park Capital Fee applicable only to the portion of such lot to be improved. The Director shall fix the portion of such lot which is to be considered as improved.

    D.

    UGM DEVELOPMENT RESTRICTIONS. The developer of land within the Urban Growth Management Area which includes territory designated on an adopted city plan as a park site shall, as a condition of approval of his development, dedicate such territory to the city for use as a park. Such developer shall thereafter be reimbursed in accordance with subsection F-2 of this section.

    E.

    CONSTRUCTION OF UGM PARK.

    1.

    All fees collected for development within a UGM Park Service Area shall be deposited into a separate UGM Park Capital Fund. Each such fund shall be used solely for the purposes of purchasing land, constructing buildings and improvements, and purchasing machinery, equipment, furnishings and other capital-type facilities to provide park and recreation facilities within the UGM Park Service Area in which such fees were generated, and for administration, inspection and engineering costs of the city directly related thereto.

    2.

    At such time as fees are collected from the development of one-half of the territory within any given park service area, as determined by the Director, the city shall initiate proceedings to call for bids for the construction of a park within such area.

    F.

    REIMBURSEMENTS WITHIN UGM PARK AREA.

    1.

    All UGM park capital fees collected within a UGM park service area following development of one-half of such area shall be charged at the service fee rate. All such fees shall be placed in a trust fund and, after any additional costs of acquisition and construction of the park are paid from such trust fund, shall be paid out semiannually to those persons, or their heirs and successors, who contributed park fees at the accelerated rate, in proportion to their respective contributions thereto, in the manner and for the period prescribed in Section 12-4.504-C of this Code. Reimbursement rights shall not be assignable except upon written request and notice to, and approval by, the city.

    2.

    Where, as a condition precedent to approval of development in the Urban Growth Management Area, a person has been required to construct a park or dedicate a park site which has been accepted by the city, such person shall file with the Public Works Director within ninety days following acceptance of the park a project accounting stating the cost of construction of the park and, if a park site has been dedicated, the cost of acquisition of the park site. The Public Works Director shall determine semiannually as of each April first and October first following acceptance of the park, those portions of the service area which have been developed and which have paid the park capital fee during the preceding six months, in the manner and for the period prescribed by Section 12-4.504-C of this Code.

    For each gross acre so determined to have been developed, there shall be paid from the UGM park capital fund to the person who constructed the park or, if applicable, dedicated the park site, reimbursements based on the cost of such park and the costs of site acquisition, design, construction, inspection, furnishings, and equipment. The amount to be reimbursed shall be credited against the park capital fee to be paid on behalf of all property contributing to the cost thereof in proportion to the amount of such contribution.

    In the event that credit for such property exceeds the park capital fee, the difference shall be paid from the UGM park capital fund upon city acceptance of the park, but only to the extent park capital fees are paid on behalf of other properties which are developed subsequent to city acceptance of the park, and only in the manner and for the period prescribed under Section 12-4.504-C of this Code. Payments may only be made to such person as shown on the project accounting, less his pro-rata share; provided further that neither determinations nor payments may be made at all if the project accounting is not timely filed as required above.

    3.

    Where UGM park capital fees have been paid on the basis of a multifamily zone district classification but the subject property was thereafter actually developed to a single-family residential zone district standard, the Director shall refund to the payor of such fees the difference between the amount of fees actually paid and the amount which would have been paid if the subject property had been classified as a single-family residential zone district, subject to compliance with the following criteria:

    a.

    The properties for which refunds are requested shall have been developed. As used herein, "developed" shall mean the issuance of building permits for the construction of a single-family residential structure on a lot or lots of record within an established park service area.

    b.

    Where the subject property is still owned by the payor of such fees, the payor shall file an application for rezoning thereof to a single-family zone district with property development standards consistent with that which has actually been developed. Such application shall include such information as required by the Director to ascertain consistency with the applicable property development standards.

    c.

    Where the ownership of the subject property has been transferred to a person other than the payor of such fees, the Council shall initiate the rezoning thereof to a single-family zone district with property development standards consistent with that which has actually been developed. For properties such as these, the payor shall provide the Director with the names and addresses of the property owners of record, and with the information required by the Director to ascertain compliance with the applicable property development standards.

    d.

    Any request for refund of fees pursuant to this subsection shall identify the subject property by street address and legal description, the owner or owners of record thereof, the amount of fee paid attributable to such property, and proof of payment.

    e.

    The rezoning to the appropriate single-family zone classification shall have been approved by the Council and shall have become effective prior to payment of any refund of such fees.

    f.

    Except as otherwise provided herein, any refund sought pursuant to this subsection shall be processed in the time and manner prescribed in Fresno Municipal Code Section 12-4.504(c) including the retention of the administrative charge provided therein upon establishment of appropriate fee rates which include the reapportionment of the approved land district amendments.

(Added Ord. 79-169, § 3, eff. 11-16-79; Am. Ord. 80-29, §§ 3, 4, eff. 4-11-80; Am. Ord. 80-115, § 119, eff. 8-8-80; Am. Ord. 82-82, § 6, eff. 9-17-82; Am. Ord. 83-163, § 7, eff. 1-20-84; Am. Ord. 85-49, § 2, eff. 5-10-85; Am. Ord. 86-51, §§ 4—6, eff. 5-2-86; Am. Ord. 89-85, § 7, eff. 7-28-89; Am. Ord. 91-33, § 2, eff. 5-10-91; Am. Ord. 95-38, §§ 8, 9, eff. 6-9-95).