A. Unless land within a proposed development is dedicated in accordance with 17.27.040, final approval of the development shall be contingent upon payment of a fee-in-lieu of dedication from the property owner to the City. The fee so collected shall be appropriated only for the acquisition and development of open space, park sites, and recreational facilities within the Comprehensive Plan sub-area where the proposed development is located. Such acquisition and development shall be consistent with the City’s Comprehensive Plan. Expenditure of such fees shall only be through capital budget and program appropriations by the City Council. Fees collected shall be allocated to a neighborhood park, open space, or recreation project and shall be expended within five (5) years of fee acceptance.

B. The fee-in-lieu of dedication of open space for a single family residential development shall be five percent (5%) of the value of the gross area of the proposed development or multiple family residential development shall be ten percent (10%) of the value of the gross area of the proposed development.

C. The fee-in-lieu of dedication of open space shall be due and payable prior to project approval. For subdivisions and binding site plans, recording will be withheld until payment is received. For building permit applications, building permits will not be issued until payment is received. Such fee shall be deposited by the City in the appropriate open space fund of the City. If such fee is not expended within five (5) years of receipt by the City for its intended use, upon written demand to the Finance Director, the fee will be refunded to the current owner of such residence or lot to which the fee is attributable. (Ord. 2576, 7/27/10; Ord. 2245, 2/14/06)