97-9847 Park Impact Fee(Published in the Salina Journal December A , 1997)
G -W. S. .
ORDINANCE NUMBER 97-9847
AN ORDINANCE ESTABLISHING A PARK IMPACT FEE APPLICABLE TO
CERTAIN NEIGHBORHOOD PARK GROWTH AREAS IN THE CITY.
BE IT ORDAINED by the governing body of the City of Salina, Kansas:
Section 1. Authority. This ordinance is adopted pursuant to the city's home rule
authority under Article 12, Section 5, of the Kansas Constitution and in accordance with K.S.A.
12-137.
Section 2. Purpose. The purpose of this ordinance is to provide for a park impact fee
applicable to those previously platted lots located within the neighborhood park growth areas
of the city in which newly platted or replatted residential subdivisions are subject to similar
requirements pursuant to the city's subdivision regulations.
Section 3. Legislative findings. The governing body finds that:
a. The governing body has adopted Ordinance Number 97-9832 adding section
36-81 to the subdivision regulations providing for the dedication of park land or payment
of a park impact fee in lieu of dedication when subdividing or resubdividing land zoned
and intended for residential use in the neighborhood park growth areas of the city.
b. The development of previously platted lots in such neighborhood park
growth areas has the same impact as the development of newly platted or replatted lots
in terms of the need for neighborhood parks and park improvements.
Section 4. Imposition of fee. Any owner of land who seeks to develop a residential lot
located within the area to which Salina Code section 36-81 applies and platted prior to December
31, 1997, shall be required to pay a park impact fee as a precondition of the issuance of a
building permit or other similar permit, as follows:
a. Single family dwelling $200 per dwelling
b. Duplex/townhome $150 per dwelling unit
C. Multi -family structure $100 per dwelling unit
provided; however, that the fee may be reduced up to fifty percent (50%) by a credit for private
open space for park and recreational purposes upon the same criteria and in the same manner
as allowed for under Salina Code section 36-81.
Section 5. Use of proceeds. Fees collected pursuant to this ordinance shall be placed in
a neighborhood park account and used for improvement of neighborhood parks, including the
acquisition of land. The fees must be used for land and facilities that will be located in the
neighborhood park service area of the subdivision in which the lot is located. A record of fees
paid into and expended from the fund shall be kept by the City. In the event funds have not
been expended on such purposes within fifteen years from the date received, then the fees shall
be refunded to the record property owner at the time of the refund.
Section 6. Effective date. In accordance with K.S.A. 12-137, this ordinance shall be
published once each week for two (2) consecutive weeks in the official city newspaper and shall
be effective sixty (60) days after its final publication, unless within sixty (60) days of its final
publication a petition signed by a number of electors of the city equal to not less than ten percent
(10%) of the number of electors who voted at the last preceding regular city election shall be filed
with the county election officer of Saline County demanding that such ordinance be submitted
to a vote of the electors, in which case it shall not take effect until submitted to a referendum
and approved by a majority of the electors voting thereon.
Introduced:
Passed by a vote of -4 yes; -0 no; — abstain:
{SEAL}
ATTEST:
Z
CMC, City Cl
December 8, 1997
December 22, 1997
Peter F. Brungar t, ice- yor