§ 22-35. Applicability.

The park dedication requirements of this article shall apply to every residential subdivision and every building permit for construction of a dwelling unit approved after the effective date of this ordinance, except as hereinafter expressly provided to the contrary.

(1)

Land dedication requirements set forth in section 22-37 shall not apply to an application for approval of a preliminary or final plat for a residential subdivision that was initially filed before the effective date of this ordinance, and which plat has not expired. For all plat applications for a residential subdivision filed after the effective date of this ordinance, land dedication and/or construction requirements for park facilities shall be imposed at the time of preliminary plat approval.

(2)

Requirements for payment of fees in lieu of park land dedication set forth in section 22-38 shall not apply to any final plat for a residential subdivision that was approved prior to the effective date of this ordinance, nor to any application for a building permit within such subdivision thereafter filed, provided that no replat is necessary. Fees in lieu of park land dedication for all other residential subdivisions shall be paid at the time of release of the final plat for any portion of the subdivision by the city for filing in the county plat records.

(3)

Requirements for park development fees set forth in section 22-39 shall not apply to any application for a building permit in a residential subdivision that was filed prior to the effective date of this ordinance. Park development fees for all other residential building permits shall be paid prior to issuance of such permits.

(4)

Following initial imposition and satisfaction of park dedication requirements, additional requirements shall apply to revised plat applications for residential subdivisions and to renewed applications for building permits to construct residential dwellings only if such revised or renewed application results in an increase in the number of dwelling units. In such case, park dedication requirements then in effect shall apply only to the additional dwelling units proposed in the application.

(Ord. No. 98-039, § I, 2-17-98)