§ 14.3.11. Use and Expenditure of Parkland Fees

(A)

The guidelines in this section specify how PARD uses fees in-lieu of parkland dedication and parkland development fees consistent with the requirements in City Code § 25-1-607 (Fee Payment and Expenditure). Zones established as "Park Planning Areas" under the PARD Long Range Plan are designated as "Parkland Service Areas" for purposes of using fees collected in-lieu of parkland dedication and fees for park development.

(B)

A fee in-lieu of dedication collected under City Code § 25-1-605 must be used within the service area where it was assessed and should be used to address the following priorities:

(1)

PARD will attempt to acquire land or easements that meets the standards in City Code § 25-1-603 (Standards for Dedicated Parkland) and is located within a ½ mile radius if the development is located within a Parkland Deficient Area or if the land would serve a critical parkland need or provide increased connectivity.

(2)

If no land that meets the requirements for dedicated parkland is available for acquisition within a Parkland Deficient Area, PARD may use funds to acquire parkland or easements within a two-mile radius.

(3)

If no additional land that meets the requirements for dedicated parkland is available for acquisition within a two-mile radius, PARD may use funds to acquire parkland at any location within the Parkland Service Area that will benefit the development for which the fees were assessed.

(4)

If no land that meets the standards in Paragraphs (B)(1)—(3), above, is available for acquisition within one year from the date that a fee in-lieu of dedication was paid, PARD may spend the fees to construct recreational amenities or improvements at an existing park within the applicable Parkland Service Area.

(C)

A parkland development fee collected under City Code § 25-1-606 (Parkland Development Fees) shall be spent to develop recreational amenities at neighborhood parks that meet the locational guidelines for use of a fee in-lieu of dedication under Subsection (B). However, if no neighborhood park that meets the locational guidelines is appropriate for development of recreational amenities, a parkland development fee may be spent to develop recreational amenities at:

(1)

the nearest district park within the parkland service area where the site plan or subdivision project that paid the fee is located; or

(2)

A metro park, if no district park within the applicable service area is appropriate for development of recreational amenities.

Source: Rule No. R161-16.15, 9-19-16 .