Chapter 22.12
DEDICATION OR PAYMENT OF FEE FOR PARK, RECREATION AND OPEN SPACE LAND
Sections:
22.12.040 Review of development applications by the parks and recreation commission.
22.12.050 Dedication of park land in lieu of payment of fees.
22.12.070 Credit for land and/or facilities.
22.12.010 Purpose.
The following sections of this chapter are enacted and shall be liberally construed to effectuate the following purposes:
A. To aid in the amelioration of adverse environmental impacts of land use and development;
B. To assure that adequate park and recreational sites and facilities are properly located, developed and preserved to meet the recreational needs of the residents of the city’s neighborhoods;
C. To equitably apportion, on the basis of the additional need created by individual developments, the cost of providing park and recreational sites and facilities necessary to serve the additional families brought into the community by new development;
D. To aid in implementation of the goals, objectives, policies and standards set forth in the parks and recreation element of the Richland comprehensive plan. [Ord. 78-80 § 1.01; Ord. 24-11 § 1.01].
22.12.020 Park impact fees.
As a condition of the granting of approval of any residential zoning or residential development plan under RMC Title 23 or any residential subdivision or residential short subdivision under RMC Title 24 and consistent with the needs and purposes expressed in RMC 22.12.010, a payment of an impact fee shall be required for one or more of the following: the acquisition or development of public open spaces devoted to public parks, playgrounds, and trails and other recreational purposes; provided, that no fee shall be required where the average density of the proposed use or development is one dwelling unit or less per two and one-half acres.
Park impact fees shall be as follows:
|
Single-family residential unit |
$1,187.00/unit |
|
Townhomes and duplexes |
$1,053.00/unit |
|
Apartments 3 – 4 units |
$922.00/unit |
|
Apartment > 5 units |
$747.00/unit |
|
Mobile homes |
$838.00/unit |
Beginning in 2012 and in every year following, fees shall be adjusted January 1st of each year, based on the annual percentage change in the Consumer Price Index, Seattle Urban Wage and Clerical Workers (CPI-W) July through June. [Ord. 78-80 § 1.01; Ord. 36-02; Ord. 24-11 § 1.02].
22.12.025 Review by Richland parks and recreation commission.
Repealed by Ord. 24-11. [Ord. 36-02].
22.12.030 Payment of fees.
The department shall not approve the final inspection and issue the certificate of occupancy unless and until the impact fees required by this chapter, less any permitted exemptions, credits or deductions, have been paid in full or land has been dedicated per RMC 12.12.050 or park fee credits have been approved by the city. If the payment of impact fees is deferred past the point of permit issuance, the process for the deferral of impact fee payments as set forth in RMC 12.03.085 shall be followed.
A. Fees shall be deposited in a park reserve fund account as established in RMC 3.24.150 through 3.24.170 and shall be used for the acquisition or improvement of park and recreational facilities serving and primarily benefiting residents of the zone with respect to which such payments have been made.
B. Acquisition and/or improvement of such park and recreation facilities shall be made as sufficient funds become available and consistent with the most recent adopted version of the parks and recreation plan. [Ord. 24-11 § 1.04; Ord. 41-16 § 2].
22.12.035 Criteria for acceptance of park land dedication.
Repealed by Ord. 24-11. [Ord. 36-02].
22.12.037 Criteria for acceptance of open space dedication.
Repealed by Ord. 24-11. [Ord. 36-02].
22.12.040 Review of development applications by the parks and recreation commission.
The Richland parks and recreation commission shall review and make a recommendation to the city council relating to all development proposals in which the applicant is proposing the dedication of any park, trail or open space property to the city; the development abuts a city park or trail property and/or the applicant is requesting credit or partial credit against fees otherwise required by this chapter for private park improvements or other related private improvements that may have the effect of reducing the need for city parks. Projects that are less than 250 dwelling units in size and that do not abut or adjoin existing city park or trail properties and that do not include any proposed land dedications or requests for park mitigation fee credits shall be exempt from review by the parks and recreation commission; provided, that in any circumstance where the Richland parks and recreation commission reviews any development proposal that also requires review by the Richland planning commission under RMC Titles 23, 24 or 26, the Richland parks and recreation commission review shall occur first, so that the Richland planning commission will have knowledge of any Richland parks and recreation commission recommendation or decision. [Ord. 24-11 § 1.06].
22.12.045 Value of dedicated park land.
Repealed by Ord. 24-11. [Ord. 36-02].
22.12.050 Dedication of park land in lieu of payment of fees.
The parks and recreation commission shall make a recommendation to council on the acceptance of park land in lieu of fees. Dedication of land for park and/or trail purposes shall be based on criteria within the most current version of the adopted parks and recreation plan. Where the dedication of park land is accepted by the city, the value of such dedication shall be established, based on the average of recent undeveloped residential land sales occurring within the vicinity of the development. Alternatively, an applicant may choose to establish a value through the use of a certified land appraiser; provided, that any such appraisal shall be independently reviewed by a second certified land appraiser. The costs of such appraisals shall be borne by the applicant. These land values shall be used to determine the amount of credit provided against any required park fees. [Ord. 24-11 § 1.08].
22.12.060 Time of payment of required fee.
Repealed by Ord. 24-11. [Ord. 78-80 § 1.01; Ord. 36-02].
22.12.070 Credit for land and/or facilities.
Credit may be granted for private land and/or facilities which are provided in a residential subdivision or development. Credit may also be granted for improvements made to existing public park land or facilities. Improvements to public or private lands that are eligible for credit are those that assist in meeting the need for neighborhood recreational lands or facilities and which implement the most current adopted version of the parks and recreation plan. Projects for which credit may be granted include the provision of usable open space containing minimum improvements (irrigation system, ground cover and landscaping) and/or the provision of facilities typically associated with neighborhood parks and playgrounds. All park improvements and installation of park facilities and/or equipment eligible for such credit shall be subject to the approval of the parks and recreation department for conformance with city standards. The amount of credit to be granted, if any, shall be determined by the Richland parks and recreation commission and shall be based on the value of the land and/or facilities provided, the suitability of such land and/or facilities for activities typically associated with neighborhood parks and playgrounds, the ability of the land and/or facilities to serve public and private recreational needs of the neighborhood, and the impact on implementation of the parks and recreation element of the Richland comprehensive plan.
Requests for credit shall be submitted to the city planning and development services division and shall contain the following information:
A. A site plan showing:
1. Scale of the drawing and the boundaries, dimensions and orientation of the site to true north;
2. Topography at a minimum two-foot contour interval;
3. Location and layout of existing physical characteristics (vegetation, natural waterways and drainage ways, rock outcroppings, etc.) indicating any significant features to be removed, improved or preserved;
4. Location and layout of proposed improvements including landscaping, irrigation system, pathways and trails, play areas and playground equipment, lighting, fencing, structures, etc.;
5. Ingress, egress and internal circulation for the site;
6. Relationship of the site and proposed improvements to adjoining property.
B. An itemized list of the proposed improvements including a description, the quantity, and estimated per-unit cost figure for the individual improvements.
C. A statement of the methods and/or provision for ownership, maintenance and use of the site and proposed improvements.
D. Any other materials and/or information determined by the city to be necessary or appropriate.
The city parks department shall coordinate review of the request for credit and shall forward same to the Richland parks and recreation commission, which shall review the request for credit and determine the amount of credit to be granted, if any. If the granting of credit is determined to be appropriate, the value established therefor shall be deducted from the fees owed under RMC 22.12.030. [Ord. 78-80 § 1.01; Ord. 36-02; Ord. 24-11 § 1.10].
22.12.080 Appeals.
Appeal to the parks and recreation commission concerning interpretation or administration of this title may be taken by any person aggrieved. Such appeals shall be taken within 10 days from the date of the order, requirement, decision or determination by filing with the city planning and development services division a notice of appeal specifying the grounds thereof, together with a $100.00 filing fee. The planning and development services division shall transmit to the parks and recreation commission all papers constituting the record upon which the action appealed from was taken. The parks and recreation commission shall conduct a hearing of the appeal within 45 days after the filing of the notice of appeal. Written notice of such hearing shall be mailed at least 10 days before said hearing to the parties in interest. At the hearing, any party may appear in person or by agent or attorney. Any decision made by the Richland parks and recreation commission may be appealed to the Richland city council. [Ord. 78-80 § 1.01; Ord. 36-02; Ord. 24-11 § 1.10].
22.12.090 Vesting.
Any person, firm or corporation who has dedicated land to the city through the platting process, for park purposes and/or has made improvements to city park land to satisfy the requirements of this chapter prior to the adoption of this ordinance amendment on October 4, 2011, to fully satisfy the requirements of this chapter shall not be assessed any additional fees or required to dedicate additional park land under this chapter. Any person, firm or corporation who has dedicated land and/or made improvement to city park land to partially satisfy the requirements of this chapter shall be given credit for the percentage of the required fee that has been satisfied. Any person, firm or corporation, who applies for building permits for residential units, after October 4, 2011, shall pay fees in accordance with the current provisions of this chapter. [Ord. 24-11 § 1.11].