Chapter 17.60
PARKS AND OPEN SPACE –
FEE IN LIEU
Sections:
17.60.020 Findings and purpose.
17.60.030 Reservation, dedication or fee required.
17.60.040 Criteria for reservation or dedication of land.
17.60.050 Storm water runoff detention ponds.
17.60.060 Responsibilities of a developer.
17.60.070 Amount to be dedicated or reserved.
17.60.080 Park development fee in lieu of open space.
17.60.100 Equivalent facilities.
17.60.010 Applicability.
The provisions of this chapter shall apply only to subdivisions which will receive preliminary approval after the effective date of the ordinance codified in this chapter; provided, that for subdivisions which have received preliminary approval prior to the effective date of the ordinance codified in this chapter, and for which an open space assessment was established, the developer may choose to pay a fee in lieu of dedication or reservation of land in accordance with BMC 17.60.070 and 17.60.080. [Ord. 29 § 1(99), 1993]
17.60.020 Findings and purpose.
(1) The city council finds that:
(a) There exists in the city of Burien a general and increasing need for parks, open spaces and recreational facilities to serve the expanding population of the city.
(b) The need for parks, open space and recreational facilities is acute at the neighborhood level due to population.
(c) RCW 58.17.110 requires that local governments make appropriate provision for the establishment of parks, open spaces and playgrounds at the time it considers approval of proposed subdivisions.
(d) A system of requiring dedication or reservation of suitable land for neighborhood parks, open space and recreational facilities or payment of a fee in lieu of such dedication or reservation, will more equitably and directly address the need.
(e) The establishment of park service areas, roughly equivalent to elementary school boundaries, is necessary for the purpose of defining areas within which land and fees will be accepted and utilized in meeting neighborhood park, open space and recreational needs.
(2) Consistent with the findings above, the purposes of this chapter are:
(a) To insure the general health, safety and welfare of the citizens of the city of Burien when considering the approval of new subdivisions;
(b) To establish a means of creating and enhancing neighborhood parks, open spaces and recreational facilities correspondent with the needs created by residential development;
(c) To distribute equitably the cost of providing such parks, open spaces and recreational development;
(d) To mitigate any adverse impacts on neighborhoods without adequate parks, open spaces and recreational facilities when approving new residential development. [Ord. 29 § 1(88), 1993]
17.60.030 Reservation, dedication or fee required.
Every subdivision final approval within any zone designated as residential by the city of Burien zoning code, shall be contingent upon reservation or dedication of land for the open space and recreational needs of its residents or payment of a fee in lieu thereof. The developer may either reserve or dedicate land, or make payment of a fee in lieu thereof pursuant to this chapter. This requirement is separate and apart from any open space requirement resulting from the lot averaging provisions of the city of Burien zoning code. This chapter shall not apply to lots of 35,000 square feet and over in size, shall not apply to planned unit developments, and shall not apply to subdivisions of less than 10 acres. [Ord. 29 § 1(89), 1993]
17.60.040 Criteria for reservation or dedication of land.
The following criteria shall serve as a basis for determining whether a piece of land proposed for dedication or reservation is of sufficient size, character and quality to meet the intent of this chapter;
(1) The proposed area for dedication or reservation shall be located either within or outside of the subdivision for which it is required, but must be within the same park service area in which the subdivision is located, or within a reasonable number of feet of the subject subdivision.
(2) All lots within the related subdivision must have legal and convenient access to the proposed area for dedication or reservation, at the time of final plat approval.
(3) The area proposed by the developer for dedication or reservation must consist of an amount equal or greater than the percentages set in BMC 17.60.070.
(4) The area of proposed dedication or reservation must have a street frontage equal to at least 20 percent of its perimeter to allow for regular observation of play areas by residents of the subdivision. Alternative design measures that accomplish the same purpose of security may be approved by the department of planning and community development.
(5) When new areas are proposed for dedication or reservation it may be required that they be located adjacent to or contiguous with any other established or approved open spaces or recreational areas in adjacent subdivisions in order to increase the overall benefits to the neighborhood.
(6) The topography, soils, hydrography and other physical characteristics of the area proposed for dedication or reservation shall be of such quality as to create a flat, dry, obstacle-free space on at least 50 percent of the total required area in a configuration which allows for active recreation. The remainder of the required area may include sensitive environmental features, preservation of which is consistent with the comprehensive plan.
(7) In case of the site being reserved, responsibility for maintenance and operation of the recreational facilities shall be assumed by separate entity, such as a homeowners’ association or other competent private organization, which demonstrates to the satisfaction of the city of Burien that it has the capability for long-term maintenance and operation of such facilities.
(8) In the case of the site being dedicated to the city of Burien, the following additional criteria shall be met:
(a) The site shall be adjacent to an existing or proposed city park site and shall be consistent with the park program for the site; or
(b) The characteristics and location of the site make it suitable for future inclusion into the city of Burien park system as a local park; or
(c) The site is being preserved for valuable or sensitive environmental features which require management expertise beyond the capacity of a homeowners’ association or other private organization; or
(d) The department of planning and community development concludes that dedication of the site for the selected purpose furthers one or more comprehensive plan policies. [Ord. 29 § 1(90), 1993]
17.60.050 Storm water runoff detention ponds.
Storm water runoff detention ponds may be allowed by the city, as part of dedicated or reserved open spaces, subject to the following criteria;
(1) Fifty percent of the required area of dedication or reservation shall be usable for active recreation pursuant to BMC 17.60.040 (6), excluding the detention facility and the access to it; and
(2) The detention pond shall be constructed so as to drain fully when precipitation is not occurring (i.e., no standing water may be left) and shall meet the following conditions:
(a) Oil separators shall be installed in the road drainage system to prevent oil-contaminated runoff from reaching the detention pond;
(b) The side slope of the detention pond shall not exceed 33 percent unless slopes are existing, natural and covered with vegetation;
(c) A bypass system shall be installed so as to prevent water from passing through the open basin except during peak design flows, i.e., during the five-year or 10-year peak storm.
(d) If detention facilities are located adjacent to or near a natural, year-round stream or wetland, these systems shall be left in natural or near-natural condition.
(e) The detention area shall be covered with a type of vegetation which is both aesthetic and able to withstand the inundation expected;
(f) Use of a reserved or dedicated open space area for storm water detention shall not be acceptable if the detention area must be fenced or otherwise rendered unsuitable or unavailable for recreation use during dry weather;
(g) In the case of joint use of open space for detention and recreation, the city of Burien department of public works shall be responsible for maintenance of the detention facilities only and may require an access easement for that purpose. [Ord. 29 § 1(91), 1993]
17.60.060 Responsibilities of a developer.
If the developer reserves or dedicates land within a proposed subdivision, the developer shall, in addition to any other responsibilities imposed by this chapter, be responsible for removal of all construction debris and hazards such as dead trees. The developer may be required to rough grade a portion of the site suitable for a playing field, should such an area exist; place such signs as directed by the department of community development; and/or establish or improve such trails as directed by the city. [Ord. 29 § 1(92), 1993]
17.60.070 Amount to be dedicated or reserved.
Within any zone designated as RS, RD, RT, RM, or SR by the city of Burien zoning code, developers who dedicate or reserve open space shall set aside property being subdivided, according to the following percentages of gross land area:
RD/RT/TM 5.5%
RS/SR 5,000 5.5%
RS/SR 7,200 5.25%
RS/SR 9,600 5.00%
RS/SR 15,000 5.00%
In the event the subdivision encompasses land having more than one zone classification, the percentage to be applied to the subdivision shall be the area weighted average of the percentages required for the applicable zone classifications. [Ord. 29 § 1(93), 1993]
17.60.080 Park development fee in lieu of open space.
Unless land within a proposed subdivision is dedicated or reserved in accordance with BMC 17.60.040 through 17.60.070, final approval of the subdivision shall be contingent upon payment of a park development fee from the developer to the city of Burien. The fee so collected shall be appropriated only for acquisition and development of open space, park sites and recreational facilities within the park service area wherein the proposed subdivision is located. Such acquisition and development shall be consistent with any applicable comprehensive plan. Expenditure of such fees shall only be through capital budget and program appropriations by the city council. Fees collected within a park service area must be allocated to a specific neighborhood park, open space or recreational project within three years of fee acceptance. [Ord. 29 § 1(94), 1993]
17.60.090 Computation of fee.
The fee in lieu of reservation or dedication for open space and parks in subdivisions shall be determined by multiplying the following two factors:
(1) One hundred fifty percent of the average assessed value per unit of land within the boundaries of the subdivision;
(2) The gross land area within the subdivision multiplied by percentages set forth in BMC 17.40.070.
The average assessed value shall be that for the year in which the subdivision is granted preliminary approval. Computations shall be based on city of Burien and King County assessor information. [Ord. 29 § 1(95), 1993]
17.60.100 Equivalent facilities.
Whenever a developer chooses to set aside land within a subdivision, which in whole or part does not meet all the criteria for reservation or dedication in BMC 17.60.040 the developer may propose to improve such land by grading, filling, landscaping or with installation of recreation equipment so as to be equivalent in result to the intent of this chapter. The determination as to whether a developer’s proposal to improve a piece of land is equivalent to the open space requirements or fee in lieu of such requirement, shall be made solely by the department of community development according to the following guidelines:
(1) The proposed land and improvement should be generally equivalent to or greater than the value of the land or fee otherwise required.
(2) The proposed land and improvements must create recreational opportunities for the residents within the subdivision and immediately around it.
(3) The proposed land and improvements must not result in significant disturbance of alteration of a sensitive area, unless another approval has already been given for such disturbance or alteration.
(4) The proposed land and improvements must be given to a homeowners’ association to insure continuing maintenance of them, unless, dedication is specifically requested by the city. [Ord. 29 § 1(96), 1993]
17.60.110 Administration.
The director of the department of planning and community development is authorized to promulgate and adopt administrative rules and regulations, including the establishment of park service areas, for the purpose of implementing and enforcing the provisions of this chapter. [Ord. 29 § 1(97), 1993]