A park fee is hereby impounded on the development of land for the purpose of assuring that neighborhood parks, parkland and open spaces are available and adequate to meet the needs created by new development while maintaining current and proposed parkland and open space. It is the intent of this article to raise revenue from new development in order to provide neighborhood parks, parkland, or open space as deemed appropriate by the governing body.

(Ord. 758, Sec. 1)

(a)   Applicant - The property owner, or duly designated agent of the property owner, of land on which a building permit has been requested for residential or nonresidential development.

(b)   Building - Any enclosed structure designed or intended for the support, enclosure, shelter or protection of persons or property.

(c)   Building Permit- The city permit required for new building construction and/or additions to buildings pursuant to the Building Code of the city. The term building permit as used herein shall not be deemed to include permits required for remodeling rehabilitation or other improvements to an existing structure, or the rebuilding of a damaged structure, or to permits required for accessory uses.

(d)   City - The City of Eudora, Kansas.

(e)   Development - The construction, erection, reconstruction or use of any principal building or structure for residential or nonresidential use which requires issuance of a building permit.

(f)   Building Inspector - The enforcement official responsible for technical review of building and other construction plans, issuance of building and land use permits, and enforcement of the various codes and ordinances relating to building and development in the city.

(g)   Dwelling - Any building, or portion thereof, designed exclusively for residential occupancy and containing one or more dwelling units.

(h)   Floodplain (100 year) - The land area adjoining a river, stream, watercourse, or lake that has the probability of flooding once over 100 years or a one percent chance of flooding each year.

(i)    Gross Floor Area - The square foot area of all space within the outside line of exterior walls including the total area of all flood levels.

(j)    Governing Body - The legislative body of the City of Eudora, Kansas.

(k)   City Engineer - The city official responsible for review of building and development plans and preliminary and final plats.

(l)    Comprehensive Plan - The official, adopted comprehensive development plan for the City of Eudora, and amendments thereto; The Eudora Comprehensive Plan.

(m)  Neighborhood Parks - A recreation area within a residential neighborhood serving residents within a one-quarter to one-half mile radius. Such parks are five to 20 acres in size and generally contain play apparatus, small play fields, open space, park benches, picnic tables, and perhaps a shelter. Neighborhood parks may be located in or adjacent to streamway parks or community parks.

(n)   Nonresidential Development - All development other than residential development and public and quasi-public use, as herein defined.

(o)   Open Space - Land used or to be used as park or open space associated with the city park or greenway system but not including floodplains and steep slopes. Open space includes the acquisition of such land, the construction of improvements thereon, and the expenditure of funds incidental thereto, including but not necessarily limited to planning, engineering, and design work, utility relocation, provisions of pedestrian and vehicular access thereto and purchase of equipment.

(p)   Parkland - Land used or to be used as a city park, including both the acquisition of such land, the construction of improvements thereon and the expenditure of funds incidental thereto, including but not necessarily limited to planning, engineering and design of the park and improvements, utility relocation, provision for pedestrian and vehicular access thereto and purchase and installation of equipment.

(q)   Property - A legally described parcel of land capable of development pursuant to applicable city ordinances and regulations.

(r)    Property Owner - Any person, group of persons, firm(s), corporation(s), partnership(s), or any other entity having a proprietary interest in the land on which a building permit has been requested.

(s)   Public and Quasi-Public Use - A development owned, operated or used by the city; any political subdivision of the State of Kansas, including but not limited to school districts; the State of Kansas, and any agencies or departments thereof, the federal government, and any agencies or departments thereof. For purposes of this article only, places of worship are hereby defined as quasi-public uses.

(t)    Residential Development - The development of any property for a dwelling or dwellings.

(u)   Subdivision Regulations - As contained in the Code of the City of Eudora, Kansas, and including all duly adopted amendments thereto.

(v)   Zoning Ordinance - As contained in the Code of the City of Eudora, Kansas, and including all duly adopted amendments thereto.

(w)  Single Family - Development containing one dwelling unit per structure and per lot.

(x)   Duplex - Development containing structures with two dwelling units per structure.

(y)   Multifamily Development - Development containing structures with more than two dwelling units per structure.

(Ord. 758, Sec. 2)

This article shall be uniformly applicable to residential and nonresidential development, but not to public and quasi-public uses, on property in the city which is or will be served by and is accessible to parkland and open space as herein defined.

(Ord. 758, Sec. 3)

(a)   A park fee shall be imposed on all residential and nonresidential developments in the city that do not propose parkland or open space acceptable to the governing body in the preliminary plat or development plan. Land dedicated to the city in lieu of the park fee shall be not less than five percent of the gross area of the development.

(b)   Imposition of the park fee does not alter, negate, supersede or otherwise affect any other requirements of city, county, state or federal legislation or regulations that may be applicable to a development, including city zoning and/or subdivision regulations that may impose open space and park or landscape requirements and standards.

(c)   Upon receipt of an application for a preliminary plat or preliminary development pan, the codes administrator shall preliminarily calculate the amount of the park fee by multiplying the applicable residential or nonresidential tax rate by the number of dwelling units or floor area (in square feet) estimated for the proposed development for which subdivision approval is being sought. Such calculation shall be an estimate only for the benefit of the applicant and shall be subject to final determination at such time as applicant requests a building permit.

(Ord. 758, Sec. 4; Code 2016)

(a)   The park fee shall be set by the city commission from time to time for the following developments:

Residential Development

Commercial Development

Industrial Development

(Ord. 758, Sec. 5; Code 2016)

(a)   The building inspector shall be responsible for the processing and collection of the applicable fee.

(b)   Applicants for building permits for residential and nonresidential development subject to this article shall submit the following information:

(1)   The number of dwelling units for residential development;

(2)   The gross floor area for nonresidential development;

(3)   Both the number of dwelling units and the gross floor area for a mixed-use development; and

(4)   Relevant supporting documentation as may be required by the building inspector.

(c)   The building inspector shall collect the applicable park fee prior to issuance of a building permit for residential and nonresidential uses.

(d)   Any development for which a preliminary plat or development plan has not been approved shall be required to pay the appropriate park fee prior to the filing of a final plat or development plan.

(Ord. 758, Sec. 6)

The park fee rate shall be reviewed annually. Based upon the building inspector’s report and such other facts as the governing body deems relevant and, applicable, the governing body may amend the park fee ordinance including, but not limited to, an amendment of the park fee rate. If the governing body fails to take such action, the park fee rate then in effect shall remain in effect.

(Ord. 758, Sec. 7; Code 2016)

(a)   The funds collected by reason of the establishment of the park fee must be used solely for the purpose of funding parkland and open space acquisition, development, and improvement.

(b)   Upon receipt of park fees the building inspector shall transfer such funds to the city clerk who shall be responsible for the placement of such funds in an interest bearing account designated as the park fee account. At the discretion of the governing body, other revenues as may be legally utilized for such purposes may be deposited to such account. The city clerk shall establish adequate financial and accounting controls to ensure that park fee funds disbursed from such accounts are utilized solely and exclusively for neighborhood parks, other parkland and open space acquisition, development, and improvement or for reimbursement to the city of advances made from other revenue sources.

(c)   The city clerk shall maintain and keep adequate financial records for the account which shall show the source and disbursement of all funds placed in or expended from such account.

(d)   Interest earned by such account shall be credited to the account and shall be utilized solely for the purposes specified for funds of the account.

(e)   Fee funds collected shall not be used to maintain, repair or operate the park system or to operate recreational activities. Fee funds shall only be used to acquire and improve parkland in the city.

(Ord. 758, Sec. 8)