Chapter 16.62
RECREATIONAL AND OPEN SPACE STANDARDS
Sections:
16.62.030 Recreation standards – Purpose.
16.62.040 Recreation design requirements.
16.62.050 Types and number of recreation facilities to be provided.
16.62.060 Open space standards.
16.62.070 Payment in lieu of on-site recreation improvement.
16.62.010 Applicability.
Residential subdivisions of more than 10 lots, multiple-family residential developments of 10 or more dwelling units, and commercial or industrial areas of more than 10 acres, shall be required to provide active recreation facilities in accordance with the standards in this chapter. In addition to the recreation requirements, these larger residential developments shall meet the open space requirements of this chapter. The requirements of this chapter are in addition to park impact fee requirements of Chapter 16.72 SMC. (Ord. 1328-20 § 6 (Exh. A); Ord. 1284-17 § 1 (Exh. A); Ord. 1244-16 § 3 (Exh. A))
16.62.020 Exemption.
Residential developments of less than 10 dwelling units, subdivisions of fewer than 10 lots, and commercial or industrial areas smaller than 10 acres are exempt from the requirements of these standards. (Ord. 1328-20 § 6 (Exh. A); Ord. 1284-17 § 1 (Exh. A); Ord. 1244-16 § 3 (Exh. A))
16.62.030 Recreation standards – Purpose.
The city of Sultan has determined that it is important that each residential development over 10 dwelling units and subdivisions over 10 lots provide recreational facilities to serve the residents of such developments. If recreation areas are to be dedicated to the public and transferred to the city of Sultan, the city shall have the right to impose further specifications relating to such dedication, approvals, and/or inspections to the park or open space. (Ord. 1328-20 § 6 (Exh. A); Ord. 1284-17 § 1 (Exh. A); Ord. 1244-16 § 3 (Exh. A))
16.62.040 Recreation design requirements.
A. Recreation areas shall be required for residential development that is subject to the provisions of this chapter and for residential development over 10 dwelling units and subdivisions over 10 lots.
B. Recreation areas shall be provided in accordance with Table 16.62-A.
|
Number of Dwelling Units |
Amount of On-Site Recreation Area Required per Dwelling |
|---|---|
|
10 – 40 units |
200 sq. ft. |
|
41 – 100 units |
150 sq. ft. |
|
Over 100 units |
100 sq. ft. |
C. Recreation facilities for single-family development shall not be located in tract less than 1,000 square feet in area. Recreation facilities for attached or multifamily shall be located in a tract containing no less than 2,000 square feet.
D. Recreation areas shall be landscaped and shall be provided with sufficient natural or manmade screening or buffer areas to minimize any negative impacts upon adjacent residences. At a minimum, all recreation areas except those designated by the city council not to be necessary shall have continuous landscaped buffers around their perimeters at least 10 feet wide and shall also provide protective fencing if deemed necessary by the city. The plant material selected to be planted within these buffer areas shall be such that they will provide a continuous vegetative screen mix of deciduous and evergreen shrubs and trees that shall reach a minimum height of six feet at maturity. All new vegetative material shall be guaranteed for a period of at least two years after installation and approved by the department of public works.
E. Each recreation area shall be centrally located and easily accessible by walkways so that it can be conveniently and safely reached and used by those persons residing in the subject residential development. Therefore, no recreation area shall be located more than 2,000 feet from any dwelling unit it is intended to serve. This distance shall be measured along the walkways and streets within the development, using the shortest route possible. Sites that contain critical areas as defined by Chapter 17.10 SMC are not required to have a centrally located recreation area; they may have multiple recreation areas that are accessible to all lots and not located more than 2,000 feet from any dwelling unit.
F. Each recreation area shall be constructed on land that is reasonably flat, dry, and capable of serving the purpose intended by these standards; provided, that recreation facilities shall not be placed within environmentally sensitive areas or their buffers.
G. Each development shall satisfy its recreation area requirements by installing the types of active recreational facilities that are most likely suited to and used by the age bracket and mobility of persons likely to reside in that development. Residential developments designed for families with children shall provide recreational facilities equipped with imaginative play apparatus oriented to younger children (as well as seating accommodations for adult supervision).
I. Where recreation facilities are provided, 25 percent of the facilities will be ADA accessible, as adopted and amended by the city of Sultan.
J. All recreational areas and facilities and equipment provided and constructed shall meet the minimum requirements of the Consumer Product Safety Guidelines for Public Playgrounds and the American Society for Testing and Materials F1487. (Ord. 1328-20 § 6 (Exh. A); Ord. 1284-17 § 1 (Exh. A); Ord. 1244-16 § 3 (Exh. A))
16.62.050 Types and number of recreation facilities to be provided.
A. Each new development shall provide recreational facilities according to the thresholds established in SMC 16.62.010. The following subsections identify the types of recreational facilities that fulfill the requirements of this section.
B. Recreation facilities include, but are not limited to:
1. Playgrounds developed with children’s play equipment;
2. Improved pedestrian or bicycle paths with hard surfaces;
3. Sports fields (such as soccer or softball fields), with associated improvements;
4. Indoor or outdoor sports courts (such as volleyball, basketball or tennis courts), indoor swimming pools, and similar facilities;
5. Picnic areas with permanent tables, benches or gazebos;
6. Community clubhouse and meeting facilities;
7. Community gardens for use by the residents;
8. Plazas with lighting, artwork, and sitting space for pedestrians at four or more spaces for every required 100 square feet of area; and
9. Other similar uses approved by the director.
C. Access for pedestrians shall be provided from all dwellings within a development to the recreation areas through trails, sidewalks, pathways, and other similar means of access pursuant to SMC 12.14.050.
D. Recreation areas created as part of development activities must be consistent with the city of Sultan parks, recreation, and open space plan.
E. Recreation areas designed in accordance with this title shall not include any portion of privately owned yards.
F. Any dedication off site, improvements off site, or financial contribution previously made shall be held, used, administered and/or returned in accordance with the terms of the developer agreement or terms of approval for the development under which the dedication, improvement or payment occurred.
G. Approval of the number and type of proposed facilities on a given recreational tract is at the discretion of the community development director. (Ord. 1347-21 § 21; Ord. 1328-20 § 6 (Exh. A); Ord. 1284-17 § 1 (Exh. A); Ord. 1244-16 § 3 (Exh. A))
16.62.060 Open space standards.
In addition to the recreation facilities requirement, at least five percent of the total land area of a residential subdivision of more than 10 lots shall be dedicated as open space tracts (or parcels of land). Open space tracts shall be conveyed to homeowners’ association by written instrument, or dedicated to the city under conditions subject to city approval, and the homeowners’ association will be responsible for any maintenance associated with the open space tracts. If the homeowners’ association fails to responsibly maintain an open space tract and the city of Sultan must take responsibility for maintenance to ensure public safety and/or environmental protection, the city can lien the properties of the individual homeowners to recover costs for such maintenance responsibilities.
A. Open Space Permitted Uses. Permitted open spaces uses include the following:
1. Floodways and environmentally sensitive areas as defined by Chapter 17.10 SMC;
2. Lands with slopes of 25 percent or more;
3. Utility easements;
4. Passive recreation uses including nature interpretive areas, bird watching facilities, unimproved trails, and similar uses as approved by the director;
5. Drainage facilities, including any of the following:
a. Unfenced detention, retention and wet ponds;
b. Stormwater treatment wetlands;
c. Stormwater infiltration trenches and bioswales that serve more than one dwelling; and
d. Vegetated areas located above underground detention facilities.
B. Lands not included within lots to be developed and sold or dedicated for required public improvements may be recorded as open space tracts. Environmentally sensitive areas shall be protected as separate tracts or established as native growth protection areas with proper signage.
C. At least 75 percent of the required gross open space area shall be free of structures or other improvements from the ground to the sky.
D. Access for pedestrians shall be provided from all dwellings within a development to the open space areas through trails, sidewalks, pathways and other similar means of access pursuant to Chapter 12.20 SMC.
E. Open space areas designated and protected in accordance with this title shall not include any portion of privately owned yards.
F. Any dedication off site, improvements off site, or financial contribution previously made shall be held, used, administered and/or returned in accordance with the terms of the developer agreement or terms of approval for the development under which the dedication, improvement or payment occurred. (Ord. 1328-20 § 6 (Exh. A); Ord. 1284-17 § 1 (Exh. A); Ord. 1244-16 § 3 (Exh. A))
16.62.070 Payment in lieu of on-site recreation improvement.
A. The intent of this chapter is to provide mechanisms whereby recreation areas and open space are integrated into development. As determined by the community development director, a payment in lieu of providing on-site recreation improvements is not always in the best interest of the city and each application for a payment in lieu will be reviewed on a case-by-case basis.
B. If providing the facilities and spaces as required in this chapter and in the city’s parks, recreation, and open space (PROS) plan is infeasible, the applicant can, in limited circumstances, pay a fee in lieu of providing on-site recreation improvement. Final determination of feasibility is at the discretion of the community development director per the following criteria:
1. A public park needing upgrades or maintenance is within a one-fourth-mile walkshed using existing ADA accessible routes.
a. Distance to be measured from the furthest platted lot to existing public park.
b. Sultan PROS plan parks walkshed maps shall be used for determination.
c. Maintenance and upgrade needs include but are not limited to those listed in the PROS plan and city’s budgetary documents.
2. A public trail needing upgrades or maintenance is within a one-fourth-mile walkshed using existing ADA accessible routes.
a. Distance to be measured from the furthest platted lot to existing public park.
b. Sultan PROS plan trail walkshed map shall be used for determination.
c. Maintenance and upgrade needs include but are not limited to those listed in the PROS plan and the city’s budgetary documents.
3. Developer agrees to create ADA-compliant pedestrian facilities to access public parks or trails.
a. Length of connection shall not exceed one-half mile.
b. Distance from development to existing parks or trails is within a one-half-mile walkshed.
c. Distance to be measured from the furthest platted lot to existing public park.
4. The policy goals of the Sultan PROS plan have been considered and are best addressed by a fee in lieu.
C. A fee in lieu of on-site recreation improvements may be permitted if all the following criteria are met; a fee in lieu of on-site recreation improvements is at the discretion of the community development director:
1. The applicant complies with the open space requirement per SMC 16.62.060;
2. Compliance with all other requirements of this title or any other relevant titles makes full compliance with SMC 16.62.030 through 16.62.050 infeasible; provided, that no proposal may request to pay in lieu of all required recreation facilities; and
3. The payment of the fee will provide greater benefit to the residents of the project by providing needed capital improvements to an existing park or for the development of a new park in the existing neighborhood or city.
D. The applicant shall make a request in writing to the community development director outlining how the request for payment in lieu of recreation improvements complies with the criteria listed in subsection (C) of this section. The community development director shall be responsible for reviewing the request and deciding whether payment in lieu is warranted.
E. The fee shall be based on the number of lots within the proposed subdivision. For subdivision over 10 lots the fees are calculated below:
1. First 10 lots will be at a rate of $2,000 per lot.
2. Lots 21 to 30 will be at a rate of $1,900 per lot.
3. Lots 31 to 40 will be at a rate of $1,800 per lot.
4. Lots 41 to 50 will be at a rate of $1,700 per lot.
5. Lots 51 to 60 will be at a rate of $1,600 per lot.
6. Lots 61 to 70 will be at a rate of $1,500 per lot.
7. Lots 71 to 80 will be at a rate of $1,400 per lot.
8. Lots 81 to 90 will be at a rate of $1,300 per lot.
9. Lots 91 to 100 will be at a rate of $1,200 per lot.
10. Lots 100 and above will be at a rate of $1,100 per lot.
Example Calculation for 35 Lots:
10 Lots at $2,000 + 10 Lots at $1,900 + 5 Lots at $1,800 = $48,000.
F. Fee collected per the provisions of the section shall be used by the city for installation of capital improvements to an existing or new park in the existing neighborhood or city. Such fees shall be paid prior to final plat approval or divided among the lots and paid at time of building permit issuance. (Ord. 1396-24 § 1 (Exh. A); Ord. 1347-21 § 22; Ord. 1328-20 § 6 (Exh. A); Ord. 1284-17 § 1 (Exh. A))