House File 189
HOUSE FILE
BY JACOBS, KRAMER, MADDOX,
and BOAL
(COMPANION TO LSB
1830SS BY SHULL)
Passed House, Date Passed Senate, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act authorizing cities to impose park impact fees.
2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
3 TLSB 1830HH 80
4 av/cl/14
PAG LIN
1 1 Section 1. NEW SECTION. 364.26 PARK IMPACT FEE
1 2 ORDINANCES.
1 3 1. DEFINITIONS. As used in this section, unless the
1 4 context otherwise requires:
1 5 a. "Capital costs" means the costs of land acquisition for
1 6 and construction of parks and recreational facilities,
1 7 including costs of grading, seeding, planting, utility
1 8 connections, roads, and street frontage. "Capital costs" also
1 9 includes necessary and reasonable legal, engineering, design,
1 10 and other professional fees. "Capital costs" does not include
1 11 the costs of maintenance, repair, upkeep, salaries of public
1 12 employees, any other costs of operation, or the costs of
1 13 recreational or sports equipment or other implements used for
1 14 games or sports that are not permanently attached to land or
1 15 are not fixtures.
1 16 b. "Park impact fee" means the fee authorized in
1 17 subsection 2.
1 18 c. "Parks and recreational facilities" means parks,
1 19 playgrounds, sports fields, sports courts, shelters,
1 20 restrooms, other park and recreation buildings, walking
1 21 trails, bicycle trails, mixed=usage trails, green spaces, and
1 22 other similar facilities.
1 23 d. "Plan" means a parks and recreational facilities plan,
1 24 or a parks and recreational facilities plan incorporated into
1 25 a comprehensive plan, that is adopted by a city pursuant to
1 26 subsection 3.
1 27 e. "Residential real estate development" means the
1 28 development of new residential housing, including single or
1 29 multifamily dwellings, apartment complexes, manufactured home
1 30 communities, and mobile home parks.
1 31 2. PARK IMPACT FEE AUTHORIZED == USE == LIMITATIONS.
1 32 a. A city may adopt an ordinance imposing a park impact
1 33 fee to be paid by developers of residential real estate in the
1 34 city for the purpose of funding the capital costs of
1 35 accommodating the need for additional parks and recreational
2 1 facilities created by residential real estate development in
2 2 the city. A park impact fee shall only be adopted as an
2 3 ordinance after twenty days' notice published in accordance
2 4 with section 362.3, and a public hearing. A park impact fee
2 5 ordinance may be amended by a city as necessary to conform to
2 6 changes in the city's plan, to reflect changes in capital
2 7 costs, or to address other factors deemed relevant by the
2 8 city.
2 9 b. A park impact fee ordinance shall establish a schedule
2 10 for the imposition of park impact fees that reasonably
2 11 allocates park impact fees for the anticipated capital costs
2 12 identified in the city's plan. A park impact fee may be
2 13 collected at the time that residential real estate is
2 14 subdivided, when an application for a residential building
2 15 permit is made, or at both times. A park impact fee schedule
2 16 may be established for each area or zone designated in a
2 17 city's plan or for the entire city as a whole. A park impact
2 18 fee imposed and collected on residential real estate developed
2 19 in a particular area or zone shall be used only for capital
2 20 costs associated with construction of parks and recreational
2 21 facilities in that area or zone, consistent with the city's
2 22 plan. If no area or zone is designated, the fee must be used
2 23 only for capital costs associated with construction of parks
2 24 and recreational facilities located in an area reasonably
2 25 accessible to residents of the residential real estate
2 26 development area.
2 27 c. A park impact fee shall only be imposed pursuant to
2 28 this section upon the development of residential real estate.
2 29 d. A park impact fee shall be paid in full when due, but a
2 30 city may allow a full or partial credit against the amount of
2 31 a park impact fee due if a contribution of land or other
2 32 contribution is made that reduces the capital costs of
2 33 constructing the necessary parks and recreational facilities.
2 34 Notwithstanding the provisions of this section, a city may
2 35 waive a park impact fee on the development of residential real
3 1 estate that is defined as providing low=income or moderate=
3 2 income housing or affordable housing as defined by the city.
3 3 e. A park impact fee shall bear a rational relationship to
3 4 the capital costs associated with constructing the new parks
3 5 and recreational facilities identified in the city's plan.
3 6 f. Park impact fees collected by a city shall be collected
3 7 and accounted for in an account separate from the city's
3 8 general fund, and shall be used only for the payment of the
3 9 capital costs for which the fees were collected.
3 10 g. The adoption of a park impact fee ordinance does not
3 11 prohibit a city from using any other lawful means to finance
3 12 parks and recreational facilities, including the imposition of
3 13 other lawful fees or assessments.
3 14 h. An ordinance establishing a park impact fee shall
3 15 require the refund of any park impact fees collected that are
3 16 not used by the city within a reasonable time, not exceeding
3 17 eight years.
3 18 i. An ordinance establishing a park impact fee shall
3 19 provide a means for a person upon whom the fee is imposed to
3 20 appeal the imposition of or the calculation of the amount of
3 21 the fee.
3 22 j. This section does not prohibit a city from imposing
3 23 other fees for the development of real estate in the city that
3 24 are authorized by law.
3 25 k. This section does not limit any power or authority
3 26 previously granted to or presently exercised by a city.
3 27 3. PARKS AND RECREATIONAL FACILITIES PLAN. Prior to
3 28 adopting a park impact fee ordinance, a city shall adopt by
3 29 resolution a parks and recreational facilities plan, or
3 30 incorporate a parks and recreational facilities plan into the
3 31 city's comprehensive plan adopted under section 414.3. The
3 32 plan shall include an inventory of existing parks and
3 33 recreational facilities located in the city and make an
3 34 assessment of future needs for additional parks and
3 35 recreational facilities. The city may be divided into
4 1 designated areas or zones as the city deems appropriate.
4 2 EXPLANATION
4 3 This bill adds a new section to the Code that authorizes
4 4 cities to adopt an ordinance imposing a park impact fee to be
4 5 paid by developers of residential real estate in the city for
4 6 the purpose of funding the capital costs of constructing
4 7 additional parks and recreational facilities which are
4 8 reasonably accessible to the residential real estate being
4 9 developed. The bill defines "residential real estate
4 10 development" as the development of new residential housing
4 11 including single or multifamily dwellings, apartment
4 12 complexes, manufactured home communities, and mobile home
4 13 parks.
4 14 A city is authorized to impose park impact fees in a manner
4 15 that is consistent with the city's parks and recreational
4 16 facilities plan or a comprehensive city plan, keep the fees
4 17 collected in a separate account, and use the fees only for
4 18 payment of the capital costs for which the fees were
4 19 collected.
4 20 A park impact fee ordinance can only be adopted after
4 21 giving notice at least 20 days before a public hearing on the
4 22 proposed ordinance.
4 23 The adoption of a park impact fee ordinance does not
4 24 prevent a city from using any other lawful means to finance
4 25 parks and recreational facilities or from imposing other fees
4 26 for the development of real estate in the city and does not
4 27 limit any other power or authority previously granted or
4 28 presently exercised by a city.
4 29 The bill defines capital costs as the costs of land
4 30 acquisition for and construction of parks and recreational
4 31 facilities, including costs of grading, seeding, planting,
4 32 utility connections, roads, and street frontage, and necessary
4 33 and reasonable legal, engineering, design, and professional
4 34 fees. Capital costs do not include costs of maintenance,
4 35 repair, upkeep, salaries of public employees, costs of
5 1 operation, or costs of recreational or sports equipment or
5 2 other implements used for games or sports that are not
5 3 permanently attached to land or are not fixtures.
5 4 Parks and recreational facilities that can be funded by
5 5 park impact fees include parks, playgrounds, sports fields,
5 6 sports courts, shelters, restrooms, other park and recreation
5 7 buildings, walking trails, bicycle trails, mixed=usage trails,
5 8 green spaces, and other similar facilities.
5 9 LSB 1830HH 80
5 10 av/cl/14