Chapter 17.32
COMMUNITY FACILITIES
Sections:
17.32.010 Purpose of provisions.
17.32.020 Conveyance to property owners’ association.
17.32.030 Conveyance to property owners’ association – Documents and conditions required.
17.32.040 Form of statement required on land divisions.
17.32.050 Service fees and charges.
17.32.060 Lien for delinquent services fees and charges.
17.32.070 Community facilities district.
17.32.080 Dedications and requirements.
17.32.010 Purpose of provisions.
A. The town council finds that stormwater control facilities within land divisions of the town must be adequately maintained and in some circumstances improved in order to protect property and persons within the land divisions and also to protect property and persons outside of the land divisions from the effect of storm, flood or surplus stormwaters and surface waters. The town currently requires the construction of adequate stormwater control facilities in accordance with its standards, but existing means of enforcing adequate maintenance and adequate operation of such facilities by private property owners or property owners’ associations within land divisions may not be sufficient to accomplish this purpose.
B. The town council also finds that open space, park and recreation facilities within land divisions of the town must be adequately maintained and operated in a manner which will be a benefit to owners within their land divisions as well as all residents of the town, to promote public health and safety. The town may require open space, park and recreation facilities to be set aside and constructed as part of land division approval by the town or a fee in lieu of dedication to be paid. Such requirements are necessary in order to provide for the recreational development and leisure time activities of members of the community.
C. The town council also finds that ganged mailboxes within land subdivisions of the town must be adequately maintained and operated in a manner which will be a benefit to the owners within their land divisions as well as mail carriers and other users of town streets, alleys, and access easements, to promote public health and safety.
D. Maintenance of community facilities, by private owners and owners’ associations, may be required. The requirements as set out in EMC 17.32.020 through 17.32.080 are therefore necessary. (Ord. 98-07 §§ 5, 6, 7, 1998; Ord. 92-9 § 3, 1992).
17.32.020 Conveyance to property owners’ association.
If the town council in the case of preliminary plat, and staff in the case of short plat, large-lot subdivisions, and binding site plans, concludes that the public interest will be served thereby, the town may, in lieu of requiring the dedication of land in a land division for protective improvements, drainageways, stormwater facilities, streets, alleys, sidewalks, parks, playgrounds, recreational, community or other general purposes, allow such land to be conveyed to a property owners’ association or similar nonprofit corporation. (Ord. 92-9 § 3, 1992).
17.32.030 Conveyance to property owners’ association – Documents and conditions required.
A land divider who wishes to make a conveyance to a property owners’ association or similar nonprofit corporation shall, at or prior to the time of filing a final land division for approval, supply the town with copies of the grantee organization’s articles of incorporation and bylaws, and with evidence of a binding commitment to convey. The articles of incorporation shall provide that membership in the organization shall be appurtenant to ownership of land in the land division, that the corporation is empowered to assess such land for costs of construction and maintenance of the improvement and property owned by the corporation, and that such assessments shall be in lien upon the land. The town may impose such other conditions as it deems appropriate to assure that property and improvements owned by the corporation will be adequately constructed and maintained. (Ord. 92-9 § 3, 1992).
17.32.040 Form of statement required on land divisions.
A. All final land divisions filed after the effective date of the ordinance codified in this title, where the town has required community facilities therein, shall contain on the face of the land division in a manner which will bind all property owners and future property owners of land within the land division a statement substantially as follows:
All saleable lots are subject to all service fees and charges which may be levied by the owners’ association for the maintenance, operation and improvement of community facilities and for liens for any unpaid service fees or charges.
(Ord. 92-9 § 3, 1992).
17.32.050 Service fees and charges.
The property owners’ association shall fix service fee rates and charges for the furnishing of maintenance and operation services and for the making of improvements for all community facilities within their land division. In fixing rates and charges, the association may consider services furnished or to be furnished, benefits received or to be received, the improvements made or to be made, and in the case of stormwater control facilities, the water runoff characteristics of land within the land division. (Ord. 92-9 § 3, 1992).
17.32.060 Lien for delinquent services fees and charges.
The property owners’ association shall have a lien for delinquent service charges, including interest thereon, against any property against which they were levied pursuant to this chapter, which liens shall be superior to all other liens and encumbrances except general taxes and local special assessments. (Ord. 92-9 § 3, 1992).
17.32.070 Community facilities district.
A. In all cases, a statement forming a community facilities district shall be placed upon the face of the land division to provide the town the opportunity for maintenance of common facilities in the event of the failure of the property owners’ association.
B. If for any reason, the property owners’ association fails to satisfy responsibilities for maintenance of common improvements, the planning commission, at the request of the public works director, may review the land division and all common improvements within the land division to make a recommendation to the council as to whether options available should be exercised. In those cases where activation of a community facilities district is required by the council, the town may undertake responsibilities associated with maintenance of common improvements and bill residents within the district for all costs of such maintenance. Responsibility for all costs shall be binding on all present and future property owners to the community facilities district.
C. Additionally, a statement shall be attached to the face of land division providing the town the opportunity to assume ownership of all common open space within a land division if it is deemed by the town to be in the public’s best interest to do so. (Ord. 92-9 § 3, 1992).
17.32.080 Dedications and requirements.
All land shown on the final map intended for public use must be offered for dedication for public use. When filed for record, the land division must contain a certificate giving a full and correct description of the lands divided. (Ord. 92-9 § 3, 1992).