Granville Community Calendar

Ordinance 05-1996

ORDINANCE NO. 05-96
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BY: 2#nur[
AN ORDINANCE TO AMEND SECTION 1305.03 OF THE
CODIFIED ORDINANCES OF GRANVILLE,OHIO.
WHEREAS,the existing Section has become obsolete due to recent actions of
the Fifth District Court of Appeals ofthe State of Ohio,and
WHEREAS,the proposed chapter has been written in accordance to the
recommended format suggested by the Fifth District Court of Appeals of the State of
Ohio.
NOW,THEREFORE,be it ordained by the Council of the Village of
Granville,Ohio that:
Section I: Section 1305. 03 ofthe Granville Codified Ordinances shall be and
hereby is amended to read as follows:
1305. 03 PUBLIC USE FEES.
a)Purpose.
Recognizing the continual need for recreational facilities within
the Municipality and conforming this need to the growth of population
and the increase in the number of residential and non-residential units
within the Municipality,it shall be the purpose of this Section to
provide,together with moneys derived from the Municipal funds,for the
orderly acquisition,development,maintenance and operation of publicly
owned recreation sites and facilities,including,but not limited to,park
sites,area recreational facilities and community recreation centers
within the Municipality by creating a Public Use Fee to be charged all residential and on non-residential units hereinafter constructed.
b)Park Land Reserve Fund.
All moneys collected under the Public Use Fee shall be placed in
a separate fund to be entitled Park Land Reserve Fund.
c)The owner or proprietor of each new subdivision for the purpose of
transfer of ownership of land,as a prerequisite to the approval of the
final plat of the subdivision,shall pay a Public Use Fee,in addition to
other fees,into the Park Land Reserve Fund of the Municipality as follows:
1)For each lot shown on the plat of the subdivision for singlefamily
residence use,the sum of three hundred fifty dollars
350.00); and
2)For each lot intended for multi-dwelling use,the sum of
three hundred fifty dollars3 (5$0.00)for each dwelling unit of a multi-dwelling structure permitted to be constructed thereon
under applicable regulations of the Zoning Ordinance.
d)The owner or proprietor of each lot or parcel ofground in the
Municipality,as a prerequisite to the issuance of a zoning permit for
new structures as required by the applicable ordinances ofthe
Municipality shall pay a Public Use Fee,in addition to other fees,into the Park Land Reserve Fund of the Municipality as follows:
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1)For each single- family residence,the sum of three hundred
fifty dollars 3(5$0.00);
2)For each dwelling unit of a multi-dwelling structure,the sum
ofthreeh-undred fifty dollars 3(5$0.00)a;nd
3)For each commercial,office,business,industrial or other
non-residential unit a Public Use Fee computed at a rate of
eight hundred dollars 8(0$0.00)per acre,provided that such
fee shall not be less than three hundred fifty dollars
350.00)per unit.
e)No owner or developer of land shall be required to pay the Public
Use Fee as established in subsection ( b)hereof for construction upon or
development of any parcel of land for which a Public Use Fee has been
paid pursuant to the terms of subsection ( a)hereof.
f) In lieu of the payment of the Public Use Fee hereinbefore
provided,the Manager,upon recommendation of the Planning
Commission,may accept the dedication for public use of open spaces
constituting a reasonable proportion of the gross acreage of land
subdivided for the purpose of transfer of ownership or of land for which
a zoning permit has been requested,provided that such open spaces are
suitably located and of adequate size to provide for the public health,
safety and general welfare;and further provided that in no event shall
the aggregate value of such dedicated land be less than the equivalent
Public Use Fee otherwise payable and computed in accordance with this
section.
g) The Council,upon recommendation of the Planning
Commission,may waive the Public Use Fee for schools,churches
and/ or other community oriented facilities.
h)Use of Park Land Reserve Fund.
All such moneys in the Park Land Reserve Fund shall be used
for the acquisition,development,maintenance and operation of publicly
owned recreation sites and facilities including,but not limited to,park
sites,area recreational facilities and community recreation centers
within the Municipality.
i)Appropriation of other Funds.
During the period oftime that the fee levied by this section is
collected,Council shall appropriate annually from the General Fund a
sum not less than equal to the moneys derived from this section for park
and recreational purposes which may include funds appropriated for
park and recreation capital improvements. The Finance Director is
directed to create a Park Land Reserve Fund and is further directed at
the close of each year that the Public Use Fee herein collected,to
transfer to the Park Land Reserve Fund from General Fund moneys a
sum of money equal to the amount of money collected from the Public
Use Fee after deducting expenditures during the year for park and
recreation purposes made from the General Fund money. It is the
intention of Council that during each year that the Public Use Fee is in
force that an amount equal to the fee moneys received from the Public
Use Fee shall be irrevocably committed to park and recreation purposes from other Municipal fund sources ofthe Municipality.
i)Compliance required.
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1)No zoning permit for the construction of a residential or
non-residential unit in the Municipality shall be issued unless and until
the fee provided for in this section is paid.
2)No person,firm or corporation shall receive or be entitled to
receive the zoning permit for the construction of a residential or nonresidential
unit in the Municipality unless and until the fee provided in
this section is paid on each such zoning permit issues.
3)Nothing contained in this section shall relieve or be
interpreted as reliving any person,firm or corporation from complying
with all other ordinances,laws,rules,or regulations of the Municipality
or of any other governmental agency where they are now in force or
hereafter enacted,regulating and governing the issuance of zoning
permits for the construction of residential or non-residential unit in the
Municipality.
k)Effective Period.
The Public Use Fee imposed by this section shall be levied,
collected and paid concurrently with all zoning permit applications for
new residential and non-residential units made on or after the effective
date of this Section.
1)Penalty.
Whoever violates the provisions of this section shall be subject
to the fine described in Section 1137.08 ofthe Codified Ordinance of
Granville,Ohio.
Section II: This Ordinance take effect and be in full force upon the earliest date
allowed by law.
Passed this
Attest:
day of
-, Clerk okfCeounrciil l -/
Approved as to form:
E-r0-5
04 AL61
Law I6ctor
a,/ 1996.
Mayor
j

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