§ 25-1-607. FEE PAYMENT AND EXPENDITURE.

(A)

Payment of a fee required under Section 25-1-605 ( Fee In-Lieu of Parkland Dedication ) or Section 25-1-606 ( Parkland Development Fee ) must be paid as required by this subsection.

(1)

If a fee in-lieu of dedication or a parkland development fee is required as a condition to subdivision approval, the applicant must deposit the fee with the City before final plat approval. The applicant may defer payment of a fee until site plan approval unless development proposed within the subdivision is exempt from the requirement to submit a site plan under Section 25-5-2 ( Site Plan Exemptions ).

(2)

If a fee in-lieu of dedication or a parkland development fee is required as a condition to site plan approval, the applicant must deposit the fee with the City before the site plan may be approved.

(B)

The director shall place fees paid under Section 25-1-605 ( Fee In-Lieu of Parkland Dedication ) and Section 25-1-606 ( Parkland Development Fee ) into separate funds and use the fees consistently with the requirements of this subsection.

(1)

Except as provided in Subsection (B)(3), the director shall use fees paid under Section 25-1-605 ( Fee In-Lieu of Parkland Dedication ) solely to acquire parkland or recreational easements that will benefit residents of the development for which the fees are assessed and are located within a service area designated by the director under the Parkland Dedication Operating Procedures.

(2)

The director shall use fees paid under Section 25-1-606 ( Parkland Development Fees ) solely to acquire and develop recreational amenities that will benefit residents of the development for which the fees are assessed and are located within a service area designated by the director under the Parkland Dedication Operating Procedures.

(3)

The director may use fees paid under Section 25-1-605 ( Fee In-Lieu of Parkland Dedication ) consistent with the purposes described in Subsection (B)(2) if, within one year from the date the fees are appropriated for expenditure, the director determines that land which meets the requirements of Section 25-1-603 ( Standards for Dedicated Parkland ) is unavailable for purchase within the service area for which the fees were assessed.

(C)

The City shall expend a fee collected under this article within five years from the date the fees are appropriated for expenditure by the director. This period is extended by five years if, at the end of the initial five-year period, less than 50 percent of the residential units within a subdivision or site plan have been constructed.

(D)

If the City does not expend a fee payment by the deadline required in Subsection (C), the subdivision or site plan applicant who paid the fee may request a refund under the requirements of this subsection.

(1)

A refund may only be requested for unbuilt units for which a fee in-lieu of dedication was paid. The refund request must be made in writing and filed with the Parks and Recreation Department not later than 180 days after the expiration of the deadline under Subsection (C).

(2)

If the refund request is timely filed, the director shall:

(a)

refund the amount of unspent fees that were collected under this article in connection with approval of a subdivision or site plan; and

(b)

if a site plan for which fees were assessed was subsequently revised to reduce the number of units, recalculate the amount due based on the reduced number of units and refund any fees paid in excess of that amount.

Source: Ord. No. 20160128-086, Pt. 2, 2-8-16 .