(1)

The city council recognizes that growth and development in the city requires that parks and recreation facilities be expanded to maintain adequate levels of service.

(2)

The city has completed a parks and recreation facilities impact fee study which updates the type, amount, and cost of projected parks and recreation improvements needed to serve new growth and development.

(3)

This chapter is to ensure that new growth and development provides for a proportionate fair share of the costs of parks and recreation facilities needed to serve that new growth and development.

(4)

This new park and recreation facilities impact fee is proportional and reasonably connected to the need for additional public facilities and the increased impact generated by new residential development.

(5)

This new parks and recreation facilities impact fee is proportional and reasonably connected to the expenditures of funds collected and the benefits accruing to new residential development.

(6)

This chapter is consistent with the city's comprehensive plan and is in the best interest of the public health, safety, and welfare.

(7)

The city has determined that it is in the best economic interests of the citizens of the city that certain forms of development be exempt from the requirements of payment of the impact fees contained in this chapter.

(8)

The city hereby adopts and incorporates by reference, the 'City of Clearwater Parks and Recreation Facilities Impact Fee Study' prepared by Benesch dated May 23, 2022, which sets forth the calculation methodology and data by which the city establishes the creation of this parks and recreation facilities impact fee.

(Ord. No. 9639-23, § 1, 7-20-23)

The

following words, terms, and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Age restricted housing means those housing facilities or communities that are:

(1)

Specifically designated and operated to assist elderly person under a state or federal program;

(2)

Intended for, and solely occupied by, persons 62 years of age or older; or

(3)

Intended and operated for occupancy by persons 55 years of age or older and at least 80 percent of the occupied units are occupied by at least one person 55 years of age or older and provide a prohibition against residents 18 years of age or younger in the recorded governing documents.

Impact fee account means a separate account established by the city for the purpose of specifically earmarking funds collected under this parks and recreation facilities impact fee.

Open space land means city-owned land established and maintained primarily to provide vegetated breaks or vistas in the urban development pattern. Such properties may be maintained in an essentially natural landform or be given a landscape treatment with the planting of trees, shrubs, and grass, as well as other appurtenant improvements such as, but not necessarily limited to, sidewalks, benches, and park lights.

Parks and recreation facilities project means and includes the acquisition of open space land and construction of recreation facilities and improvements consistent with the city's comprehensive plan and which increases the capacity of the city's park system. This term includes the capital costs associated with the construction, reconstruction, or improvements of facilities that have a life expectancy of at least five years; design, engineering, and permitting costs; and other related construction costs required to bring the facilities into service. The cost of repair and maintenance is excluded from this term.

Recreation facilities means buildings, equipment, and landscape features necessary to provide for recreation activities, including but not limited to playgrounds, picnic benches, baseball and softball diamonds, gymnasia, soccer fields, recreation centers, swimming pools, and courts for basketball, horseshoes, lawn bowling, shuffleboard, and tennis, as well as parking, restrooms, and other appurtenant improvements. This term includes the city-owned land upon which the facilities are located.

Residential development includes all single-family, duplex, triplex, multiple-family, mobile homes, and age restricted housing uses.

Study means the 'City of Clearwater Parks and Recreation Facilities Impact Fee Study' prepared by Benesch dated May 23, 2022.

(Ord. No. 9639-23, § 1, 7-20-23)

(1)

It is the intent that the provisions of this chapter be applied to new residential development proposed to be added within the corporate limits of the city, whether the result of new construction or annexations of developed property.

(2)

The following types of development shall be exempt from the parks and recreation facilities impact fee:

(a)

The alteration or expansion of an existing dwelling unit where no additional units are created, and the use is not changed.

(b)

The construction of accessory buildings or structures which will not increase the number of dwelling units on the land.

(c)

The replacement of a destroyed, demolished, or partially destroyed residential unit where no additional units are created, and the use is not changed.

(d)

Any annexation or construction of single-family affordable housing dwelling units.

(e)

Any annexation of a residential development, whether single-family, duplex, triplex, multiple-family, mobile homes, or age restricted housing, of seven units or less.

(3)

This chapter shall not affect, in any manner, the permissible use of property, density or intensity of development, design and improvement standards, or other applicable standards or requirements of this Code.

(Ord. No. 9639-23, § 1, 7-20-23)

(1)

The parks and recreation facilities impact fee imposed for all building permit applications submitted to and accepted by the city on or after the effective date of the ordinance from which this chapter is derived for residential development uses are set forth in Appendix A, Article XV of this Code.

(2)

Any applicant who has applied for and is in the process of obtaining city development approvals or building permits and has not paid the recreation and open space dedication prior to the effective date of the ordinance from which this chapter is derived shall have the option to have the fee calculated in accordance with the recreation and open space dedication or this new parks and recreation facilities impact fee, whichever is more cost effective for the applicant. The option to have the fee calculated in accordance with the recreation and open space dedication or this new parks and recreation facilities impact fee shall also apply to applicants with city-approved development agreements executed prior to the effective date of the ordinance from which this chapter is derived.

(3)

Construction of multi-family affordable housing dwelling units will receive a 50 percent reduction per dwelling unit. Annexations of multi-family affordable housing developments of eight units or more will receive a 50 percent reduction per dwelling unit. This reduction is reflected and set forth in Appendix A, Article XV, subsection e.

(4)

A building permit applicant will receive a unit-for-unit impact fee credit for any existing or previously removed dwelling unit(s) on the subject property. Validation and verification of the existing or previously removed dwelling unit is required by the applicant.

(Ord. No. 9639-23, § 1, 7-20-23)

(1)

Payment of the parks and recreation facilities impact fee shall be made by certified check, cashier's check, or any other form acceptable to the city attorney.

(2)

Building permit. Payment of the parks and recreation facilities impact fees shall be due and payable to the city prior to the issuance of the certificate of occupancy.

(3)

Annexation. Payment of the parks and recreation facilities impact fees shall be due and payable to the city prior to the second reading of the ordinance effectuating the annexation.

(4)

The payment of impact fees shall not entitle the applicant to a building permit or final certificate of occupancy unless all other applicable land use, land development, zoning, planning, building, concurrency, and other applicable requirements, standards, and conditions have been met. Such other requirements, standards, and conditions are independent of the requirement for payment of impact fees required by this chapter.

(Ord. No. 9639-23, § 1, 7-20-23)

(1)

An impact fee account shall be established to serve as the depository of funds received as parks and recreation facilities impact fees.

(2)

Impact fee expenditures for parks and recreation facilities projects shall be included in the annual capital budget of the city, or as may be approved by the city council.

(3)

Expenditure of such funds shall be made in a timely manner.

(4)

Funds may be expended at any location in the city when used for a parks and recreation facility project.

(Ord. No. 9639-23, § 1, 7-20-23)