Chapter 17.22
COMMUNITY FACILITIES
Sections:
17.22.020 Conveyance to property owners’ association.
17.22.030 Conveyance to property owners’ association – Documents and conditions required.
17.22.040 Form of statement required on land divisions.
17.22.050 Service fees and charges.
17.22.060 Lien for delinquent service fees and charges.
17.22.070 Community facilities district.
17.22.080 Dedications and requirements.
17.22.010 Purpose.
A. The city council finds that stormwater control facilities within land divisions of the city 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 storm and surface waters. The city 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 said facilities by private property owners or property owners’ associations within land divisions may not be sufficient to accomplish this purpose.
B. The city council also finds that open space, park and recreation facilities within land divisions of the city 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 city to promote public health and safety. The city currently requires open space, park and recreation facilities to be set aside and constructed as part of land division approval by the city 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 and to provide for the preservation of natural resources and aesthetic attributes of land divisions; however, existing means of maintenance of said facilities by private owners and owners’ associations are not sufficient to accomplish this purpose. The following requirements are therefore necessary.
(Ord. 1308, Added, 10/15/1991)
17.22.020 Conveyance to property owners’ association.
If the hearing examiner, in the case of preliminary plats, and staff, in the case of preliminary short plats, large lot subdivisions, and binding site plans, concludes that the public interest will be served thereby, the city 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. 1308, Added, 10/15/1991)
17.22.030 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 city 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 improvements and property owned by the corporation, and that such assessments shall be in lien upon the land. The city 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. 1308, Added, 10/15/1991)
17.22.040 Form of statement required on land divisions.
All final land divisions filed after the effective date of the ordinance codified in this chapter, where the city 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. 1308, Added, 10/15/1991)
17.22.050 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 the land within the land division.
(Ord. 1308, Added, 10/15/1991)
17.22.060 Lien for delinquent service 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 and special assessments.
(Ord. 1308, Added, 10/15/1991)
17.22.070 Community facilities district.
In all cases, a statement forming a community facilities district shall be placed upon the face of the land division to provide the city the opportunity for maintenance of common facilities in the event of the failure of the property owner’s association.
If for any reason, the property owner’s association fails to satisfy responsibilities for maintenance of common improvements, the development review committee may review the land division and all common improvements within the land division to make a recommendation to council as to whether options available should be exercised. In those cases where activation of a community facilities district is required by council, the city 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.
Additionally, a statement shall be attached to the face of the land division providing the city the opportunity to assume ownership of all common open space within a land division if it is deemed by the city to be in the public’s best interest to do so.
(Ord. 1308, Added, 10/15/1991)
17.22.080 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. 1308, Added, 10/15/1991)