Chapter 16.24
PUBLIC SITES AND OPEN SPACES
Sections:
16.24.020 Reservation of potential sites.
16.24.030 Excessive street dedication.
16.24.040 Determination of feasibility.
16.24.060 Dedication—Walkways, trails and paths.
16.24.070 Dedication—Utility easements.
16.24.080 Dedication—Snow storage.
16.24.010 Purpose.
In order that adequate open spaces and sites for public uses may be properly located and preserved as the community develops, and in order that the cost of providing the public school, park and recreation sites and facilities necessary to serve the additional families brought into the community by subdivision development may be most equitably apportioned on the basis of the additional need created by the individual subdivision development, the provisions of this chapter are established. (Ord. 96-27 § 1 (part): Ord. 93-03 § 1 (part): prior code § 24-43)
16.24.020 Reservation of potential sites.
A. Design Consideration. In the design of the plat of a subdivision, consideration shall be given to the adequate provision or correlation with such public sites or open areas as indicated on the comprehensive development plan of the city or as determined by the commission as being required. Special, natural or man-made features of historical significance in a proposed subdivision which enhance or have unique value to the community may be set aside in a reserve tract for acquisition or voluntarily dedicated to the public.
B. Reservation May Be Required. Where it is determined by the commission that a portion of the plat is required for such public sites or open spaces, the subdivider may be required to reserve such area for a period not to exceed three years. Within three years of the filing of a final plat, the city or any other public or private agency may acquire any parcel designated as reserve tract on the plat, by purchase or as otherwise authorized by law, for the purpose or purposes for which the parcel was reserved. The designation of an area to be reserved shall be supported by a report from the director containing a statement from the entity proposing to acquire the tract that it intends to acquire the designated area. If a reserve tract is not acquired within the three-year period it shall be released from the reserve tract designation unless the time for acquisition is extended by the reserve tract’s owners or by another provision of law.
C. How Determined. The amount of land to be provided shall be an amount of land up to five percent of the net residential lot area created by the subdivision.
D. Exemptions. The commission may waive the dedication in the case of rural large lot subdivisions or where the division results in the creation of not more than one additional lot or parcel, or for a parcel on which a permanent residential structure has existed for at least one year prior to the date of the division.
E. Redivision. Where a lot or parcel for which a dedication has once been made is further divided, dedications shall be required only for the additional lots or parcels created. (Ord. 96-27 § 1 (part): Ord. 93-03 § 1 (part): prior code § 24-44)
16.24.030 Excessive street dedication.
In the case of major thoroughfares lying within the plat of a subdivision, the subdivider may dedicate the width in excess of that required by this title and receive credit towards areas required under this chapter. (Ord. 96-27 § 1 (part): Ord. 93-03 § 1 (part): prior code § 24-45)
16.24.040 Determination of feasibility.
The determination as to the feasibility of dedication shall be made by the platting authority. (Ord. 96-27 § 1 (part): Ord. 93-03 § 1 (part): prior code § 24-46)
16.24.050 Dedication—Streets.
All street rights-of-way shall be dedicated to the public. (Ord. 96-27 § 1 (part): Ord. 93-03 § 1 (part): prior code § 24-47)
16.24.060 Dedication—Walkways, trails and paths.
The platting authority may require the dedication of pedestrian walkways or nonmotorized vehicle trails and paths where it finds they are necessary for convenient circulation or to protect pedestrians, bicycles, snow machines or other traffic from hazardous motorized vehicle traffic. The minimum width of a dedication shall be ten feet. The platting authority may require the dedication of pedestrian walkways and/or nonmotorized vehicle trails and paths to provide public access to any stream, lake or ocean if the subdivision is adjacent to any. (Ord. 96-27 § 1 (part): Ord. 93-03 § 1 (part): prior code § 24-48)
16.24.070 Dedication—Utility easements.
The platting authority may require the dedication of utility easements when a utility company or the city demonstrates a specific need for them. (Ord. 96-27 § 1 (part): Ord. 93-03 § 1 (part): prior code § 24-49)
16.24.080 Dedication—Snow storage.
All land dedicated for snow storage shall be dedicated to the city. (Ord. 96-27 § 1 (part))