Chapter 16.06
PUBLIC PURPOSE SEGREGATION

Sections:

16.06.010    Public purpose segregation.

16.06.010 Public purpose segregation.

A. Purpose. A public purpose segregation permits the division of property for the purpose of deeding land to the town, county, taxing district, governmental body, utility company or nonprofit community organization or foundation (whose articles or bylaws allow it to hold land for public use and benefit) for a designated public use.

B. Applicability. A public purpose segregation may be used to divide property where the following conditions are met:

1. The segregated portion of property has sufficient lot area and dimensions and meets all other criteria to comply with the applicable town regulations and standards for the intended public use of the new parcel. If the parcel is to be used for a structure for human habitation, it shall meet the requirements for a buildable lot as defined in Section 16.08.020.

2. The remainder parcel shall meet the requirements for a buildable lot as defined in Section 16.08.020.

3. Public purpose segregation may include deeded paths, trails and rights-of-way for public access purposes; if a deeded path, trail or right-of-way traverses a parcel, such path shall be considered an exception to the underlying parcel and shall not be considered a division of the underlying parcel nor subtract from the parcel size for density purposes.

C. Application. An application for public purpose segregation shall be processed as a Type I permit application under Title 19, Administrative Procedures. The administrator may approve a public purpose segregation application that is consistent with the purpose of this section and includes the following:

1. A legal description of the entire property;

2. A legal description of the property to be separated and deeded;

3. Sufficient information to determine the dimensions and whether the public purpose parcel and the remainder meet the standards of a buildable lot under Section 16.08.020. If the public purpose parcel does not meet the standards, then the application shall include information about its suitability for the intended public use;

4. A statement of the specific public purpose;

5. Signature of all owners or their agents having authority to deed the property involved in the application and the body or agency to receive the property.

D. The segregation shall include a provision in the instrument of transfer that: “The subject property was created for ______________ (public purpose) under Chapter 16.06 of the Winthrop Municipal Code.”

E. If the parcel segregated does not meet the criteria for a buildable lot as defined in Section 16.08.020, the following additional language shall be included on the instrument of transfer: “As long as the property is a public purpose parcel, building permits may be obtained consistent with the public purpose use for which the segregation was made, provided that no structures for human habitation shall be erected. In the event that the parcel is no longer used for public purposes or passes out of the hands of the public entity, all zoning, subdivision, density requirements and other land use requirements must be met before any building permit can be obtained.” (Ord. 717 § 1 (Exh. A), 2019)