Kern County Municipal Code Ch. 17.70 Fee for Park Development Within North of the River Recreation and Park…

In addition to words and phrases defined in this section, the words and phrases in this chapter shall have the following meanings:

A. "District" means the North of the River Recreation and Park District, a local public agency separate and distinct from the county of Kern or their successors.

B. "Dwelling unit" means one (1) or more habitable rooms which are designed to be occupied by one (1) family, with facilities for living, sleeping, cooking, eating and sanitation.

C. "Park development" means acquisition of property or construction of facilities for park and recreation purposes for facilities shown on the current county approved capital facilities plan for parks in the North of the River Recreation and Park District (hereinafter facilities plan).

(Ord. G-7329 § 2 (part), 2005: Ord. G-6546 § 2 (part), 1998)

Any person securing a building permit for a dwelling unit shall pay a park development fee in the amount specified in this chapter.

(Ord. G-6546 § 2 (part), 1998)

A. The park development fee shall be paid in full, by cash or check, at the date of final inspection, or the date the certificate of occupancy is issued, whichever occurs first. The fee may be paid at the time of building permit issuance if a developer chooses.

B. The county will hold such fees collected by it in a separate trust account, including accrued interest, to be used exclusively for park development as defined in this chapter.

C. The Board of Supervisors shall, based on information provided by the district, make findings as required by Government Code Sections 66001(d) and 66006(b), as those sections are amended from time to time.

D. If required by California Government Code Section 66001(e) or (f), as amended from time to time, the Board of Supervisors may authorize the county auditor-controller to refund unexpended fees in any manner permitted by law.

E. If a building permit expires, is revoked or is voluntarily surrendered and is therefore voided, and no dwelling unit has been completed and occupied thereunder, the fee payer shall be entitled to a refund, together with any interest accrued, of any fee paid hereunder pertaining to that permit, less a twenty-five-dollar ($25.00) refund processing fee.

(Ord. G-6546 § 2 (part), 1998)

Upon county approval of an annual district accounting, the annual update of the facilities plan and other required information from the district, and in exchange for district's written agreement to reimburse county for any fees actually expended other than for park development as defined in this chapter, and upon the district's request for each facility, the auditor-controller is authorized to remit fees to the district sufficient to pay for any or all of those facilities scheduled by the district for park development during the district's current fiscal year.

(Ord. G-7329 § 2 (part), 2005: Ord. G-6546 § 2 (part), 1998)

The fee required by this chapter shall be one thousand six hundred eighty dollars ($1,680.00) per dwelling unit.

(Ord. G-7550 § 2, 2007: G-7415 § 2, 2006: Ord. G-7329 § 2 (part), 2005: Ord. G-7064 § 2, 2004: Ord. G-6907 § 2, 2002: Ord. G-6546 § 2 (part), 1998)

(Ord. No. G-7757, § 2, 8-26-08; Ord. No. G-8065, § 2, 7-13-10)

The provisions of this chapter shall not apply to the following:

A. Commercial, retail, office and industrial subdivisions with no residential development or uses. However, fees shall be required where a residential dwelling unit is constructed in conjunction with commercial or industrial subdivisions;

B. Condominium projects or stock cooperatives which consist of the subdivision of airspace in an existing apartment building which is more than five (5) years old and where no new dwelling units are added;

C. Reconstruction, rehabilitation, remodel or replacement of a residential structure, provided the replacement structure is the same type of unit, does not create additional residential units, and is substantially the same size as the structure it replaces;

D. Subdivisions or developments for which park development, improvement and/or enhancement requirements have previously been satisfied and evidence of such satisfaction, acceptable to the county is submitted. However, subsequent division of such parcels may result in additional fees set forth in this chapter.

(Ord. G-6546 § 2 (part), 1998)