§ 23-114. Computation of the amount of parks impact fee.

(a)

At the option of the feepayer, the amount of the parks impact fee may be determined by the following fee schedule:

PARKS IMPACT FEE SCHEDULE

Land Use Type (Unit)	Fee per Unit
	Effective 11-15-12	Effective 08-14-13
Single-family, detached	$0.00	$411.00
Single-family, attached	0.00	288.00
Multifamily	0.00	311.00
Mobile home—1-acre lot	0.00	411.00
Mobile home—Other	0.00	344.00
Recreation vehicle—Lot	0.00	143.00
Hotel/motel—Room	0.00	143.00
Other residential	0.00	411.00

 

The new impact fee rates shall apply to all building permits and certificates of use issued after the stated effective date. A building permit and certificate of use applications which are in process but not yet issued shall be subject to the impact fee rates in effect at the time the building permit or certificate of use is actually issued by the county, unless excepted pursuant to the process in exhibit D of Ord. No. 2013-1. A limited exception process to the application of the new fees is provided for in exhibit D of Ord. No. 2013-1; failure to timely utilize the stated exception process before the deadline is a jurisdictional defect prohibiting any subsequent challenge to the fee.

(1)

If a residential building permit is requested for mixed uses, then the fee shall be determined through using the above schedule by apportioning the space committed to uses specified on the schedule.

(2)

If the type of development activity that a residential building permit is applied for is not specified on the above fee schedule, the county administrator or his designee shall use the fee applicable to the most nearly comparable type of land use on the above fee schedules. The county administrator or his designee shall be guided in the selection of a comparable type by the county comprehensive plan, supporting documents of the county comprehensive plan, and the county zoning ordinance. If the county administrator or his designee determines that there is no comparable type of land use on the above fee schedule, then the county administrator or his designee shall determine the appropriately discounted fee by considering demographic or other documentation which is available from state, local and regional authorities.

(3)

In the case of change of use, redevelopment, or expansion or modification of an existing use which requires the issuance of a building permit, the impact fee shall be based upon the net positive increase in the impact fee for the new use as compared to the previous use. The county administrator or his designee shall be guided in this determination by the sources and agencies listed above.

(b)

If a feepayer opts not to have the impact fee determined according to paragraph (a) of this section, then the feepayer shall prepare and submit to the county administrator or his designee an independent fee calculation study for the land development activity for which a building permit is sought. The independent fee calculation study shall follow the prescribed methodologies and formats for the study established by the guidelines and procedures manual adopted by motion of the board of county commissioners of the county. The documentation submitted shall show the basis upon which the independent fee calculation was made. The county administrator or his designee shall consider the documentation submitted by the feepayer, but is not required to accept such documentation as he/she shall reasonably deem to be inaccurate or not reliable and may, in the alternative, require the feepayer to submit additional or different documentation for consideration. If an acceptable independent fee calculation study is not presented, the feepayer shall pay parks impact fees based upon the schedule shown in paragraph (a) of this section. If an acceptable independent fee calculation study is presented, the county administrator or his designee may adjust the fee to that appropriate to the particular development. Any such adjustment to the fees in the schedule contained in subsection (a) may only be based upon impact or use characteristics that are expected to exist throughout the expected life of the structure and may not be based upon temporary or transitory use characteristics.

(Ord. No. 86-28, § 6, 10-28-86; Ord. No. 93-5, § 6, 3-25-93; Ord. No. 96-14, § 6, 7-16-96; Ord. No. 97-14, § 6, 7-7-97; Ord. No. 01-19, § 6, 10-23-01; Ord. No. 2005-05, § 15, 6-2-05; Ord. No. 2009-14, § 6, 11-10-09; Ord. No. 2010-26, § 4, 11-9-10; Ord. No. 2011-20, § 6, 11-15-11; Ord. No. 2012-13, § I(Exh. D), 11-13-12; Ord. No. 2013-1, § VI, 1-8-13)