§ 23-778. Parks and recreation impact fees.

a. Findings applicable to parks and recreation impact fees. In addition to the findings contained in section 23-762, the commission hereby specifically ascertains, determines and declares as follows:

1. The parks and recreation facilities of the city are designed and intended to provide for the recreational needs of its residents.

2. The providing of city parks and recreational facilities is the exclusive responsibility of the city imposed pursuant to Florida Statutes.

3. The improvements and additions to the parks and recreational facilities of the city funded by the parks and recreation impact fee provides a benefit to all property in excess of the impact fee. The commission expressly approves of the level of service for parks and recreation services as established in the impact fee study.

4. The existing parks and recreation services facilities which have been funded by revenues other than impact fees have eliminated the deficiency between the existing parks and recreation facilities and the adopted standard of service.

b. Imposition of parks and recreation impact fees. All parks and recreation impact construction occurring within the city, shall pay the impact fees as established within Schedule "B", which is attached hereto and incorporated by reference.

c. Establishment of parks and recreation impact fee trust account. The commission hereby establishes a separate trust account for the parks and recreation impact fees, to be designated as the "Parks and Recreation Impact Fee Trust Account," which shall be maintained separate and apart from all other accounts of the city. All such impact fees shall be deposited into such trust fund immediately upon receipt.

d. Use of parks and recreation impact fees. The monies deposited into the parks and recreation impact fee trust account shall be used solely for the purpose of constructing or improving the city's parks and recreation facilities, including, but not limited to:

1. Design and construction plan preparation;

2. Permitting;

3. Land acquisition, including any costs of acquisition or condemnation;

4. Construction and design of parks and recreation facilities;

5. Design and construction of new drainage facilities required by the construction of parks and recreation facilities;

6. Relocating utilities required by the construction of parks and recreation facilities;

7. Landscaping;

8. Construction management and inspection;

9. Surveying, soils and material testing;

10. Acquisition of vehicles utilized in providing wastewater service and the apparatus or equipment necessary to provide such service;

11. Repayment of monies transferred or borrowed from any budgetary fund of the city which were used to fund any of the construction, acquisition or improvements herein defined;

12. Payment of principal and interest, necessary reserves and costs of issuance under any bonds or other indebtedness issued by the city to provide funds to construct or acquire contemplated parks and recreation improvements, subsequent to the adoption of this division.

e. Restrictions on use of parks and recreation impact fees. Funds on deposit in the parks and recreation impact fee trust account shall not be used for any expenditure that would be classified as an administrative, maintenance, repair, or other operating expense.

f. Investment of parks and recreation impact fees. Any funds on deposit which are not immediately necessary for expenditure may be invested by the city. All income derived from such investments shall be deposited in the parks and recreation impact fee trust account and used as provided herein.

(Ord. No. 2006-04, § 1, 2-21-06)