Sec. 20-65. - Park fees for residential development—Generally.

(a)

Where a developer applies for a building permit or other discretionary approval from the county to establish one (1) or more new residential dwelling units on property located within the county, on referral from the planning department, the director of regional parks shall: (1) in the case of discretionary approvals, request and the appropriate decision making body shall require a condition on such development which requires the payment of a park fee in the amount of three thousand one hundred sixty five dollars ($3,165.00) per residential unit prior to the issuance of a building permit for each new residential dwelling unit; or (2) in those cases where the application is for a building permit only, collect a fee in the amount of three thousand one hundred sixty five dollars ($3,165.00) per residential unit as a condition precedent to the issuance of the building permit.

(b)

In lieu of the fee required by subsection (a), the developer may, at his option, elect to have the property appraised in the same manner as a subdivision, in which case the fee to be paid shall be computed in accordance with those provisions of Chapter 25 governing in-lieu park fees for subdivisions.

(c)

Fees paid pursuant to this section shall be collected, accounted for, and disbursed in the same manner as are in-lieu park fees for subdivisions approved pursuant to Chapter 25 of this code. Unless exempted under the terms of this section, no building permit for the construction of a new residential dwelling shall issue until the fee required by this section has been paid.

(d)

The following single-family dwelling units shall be exempt from the fee otherwise required by this section:

(1)

Dwellings for which a fee has been paid pursuant to Section 25-58

(2)

Dwellings which would be exempt from the payment of a fee by virtue of Section 25-58(1)(2);

(3)

Dwellings for which the board of supervisors makes a finding of exemption utilizing the criteria set forth in Section 25-58(a)(2);

(4)

Dwellings for which the property owner can affirmatively demonstrate either that the dwelling replaces a like dwelling which has been removed or that the payment of a fee pursuant to this section would be contrary to law. The burden shall be on the property owner to prove that no fee should be paid.

(e)

If a fee has been paid for the dwelling unit as required by Section 25-58, no additional fee shall be collected pursuant to this section.

(f)

The board of supervisors may, on an annual basis, change the flat fee established by subsection (a) above in order to reflect changes in the cumulative assessed value of residential property within the county or on such other basis as the board may then determine.

(Ord. No. 5835 § III, 2009; Ord. No. 5778 § 3, 2008; Ord. No. 5721 § 3, 2007; Ord. No. 5658 § 3, 2006; Ord. No. 5554 § 3, 2005; Ord. No. 5483 § 3, 2004; Ord. No. 5412 § 3, 2003; Ord. No. 5337 § 3, 2002; Ord. No. 5283 § 3, 2001; Ord. No. 5233 § 3, 2000; Ord. No. 5155 § 3, 1999; Ord. No. 5105 § 3, 1998; Ord. No. 5018 § 3, 1997; Ord. No. 4942 § 3, 1996; Ord. No. 4864 § 3, 1995; Ord. No. 4777 § 3, 1994; Ord. No. 4476 § 2, 1991; Ord. No. 4396 §§ 3, 4, 1991; Ord. No. 4161 §§ 3, 4, 6, 1990; Ord. No. 3627, 1986; Ord. No. 3622, 1986.)

Sec. 20-66. - Same—Larkfield-Wikiup Study Area.

(a)

Where a developer seeks to obtain a discretionary approval from the County to establish one (1) or more new residential dwelling units on a parcel located within the Larkfield-Wikiup Study area (e.g., design review approval, use permit, second-unit permit), on referral from the planning department, the director of regional parks shall request that the appropriate decision making body place a condition on such development which requires the payment of a park fee in the amount of three thousand one hundred sixty five dollars ($3,165.00) per residential unit prior to the issuance of a building permit for each new residential dwelling. Alternatively, the developer may, at his option, elect to have the property appraised in the same manner as a subdivision, in which case the fee to be paid shall be computed in accordance with those provisions of Chapter 25 governing in lieu of park fees for subdivisions. Fees paid pursuant to this section shall be collected, accounted for, and disbursed in the same manner as are in lieu park fees for subdivisions approved pursuant to Chapter 25 of this Code.

(b)

The board of supervisors may, on an annual basis, change the park fee established by this section in order to reflect changes in cumulative assessed value of residential property within the study area.

(Ord. No. 5835 § V, 2009; Ord. No. 5778 § 5, 2008; Ord. No. 5721 § 5, 2007; Ord. No. 5658 § 5, 2006; Ord. No. 5554 § 5, 2005; Ord. No. 5483 § 5, 2004; Ord. No. 5412 § 5, 2003; Ord. No. 5337 § 5, 2002; Ord. No. 5283 § 5, 2001; Ord. No. 5233 § 5, 2000; Ord. No. 5155 § 5, 1999; Ord. No. 5105 § 5, 1998; Ord. No. 5018 § 5, 1997; Ord. No. 4942 § 5, 1996; Ord. No. 4864 § 5, 1995; Ord. No. 4777 § 5, 1994; Ord. No. 4476 § 2, 1991; Ord. No. 4396 § 6, 1991; Ord. No. 4195 § 3, 1990; Ord. No. 4161 § 7, 1990.)