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17.100 - 1 CHAPTER 17.100 DEDICATIONS SECTION: 17.100.010: Dedication of Land for Park Purposes 17.100.020: Additional Park Land for Public Purchase - When 17.100.030: Development - Time Limit - Scope 17.100.040: School and Park Sites to Abut 17.100.050: Acceptance of Dedications 17.100.060: Dedications - Presumptions 17.100.010: Dedication of Land for Park Purposes: The City will require the dedication of land for park purposes as a condition of approval for any division or redivision that will be used for residential purposes. The adopted Comprehensive Plan, and adopted Comprehensive Parks and Recreation Plan, will be used as the basis for determining the location and size of a proposed park site. The requirement for dedication of land will be based on the following: That the land will assist in serving the park and recreation needs of the residents within the proposed division; That the amount and location of land to be dedicated will bear a reasonable relationship to the use of the open area and recreational facilities by the future inhabitants of the division; Dedication of land for neighborhood parks and playgrounds will be based on the ratio of one acre of land for every three hundred thirty-four (334) persons in the proposed division, using the average population per dwelling unit, as shown in the City Comprehensive Plan; Dedications will be examined as a system in relationship to the current network of parks within the City. Park location and size for dedications should be reviewed in terms of benefitting the system and be able to integrate into the network, promoting connectivity and multi-modal access. In the event that the property proposed to be subdivided is insufficient in size to provide for adequate recreational facilities for the residents in the proposed division, park fees in lieu of dedication of park land will be required unless other measures which will reasonably protect the public’s need for adequate recreational areas can be agreed upon between the subdivider and the City. Park fees in lieu of dedication of park land will be calculated with a formula based on area of park land to be dedicated, average number of units per acre, and the current assessed value of the property. Mixed use developments that contain residential units are exempt from either dedicating land or paying a fee in lieu of dedication. In the event that the City does accept the dedication of an area for park purposes, that dedication may include the designation of the name for the park in honor of a deceased individual of good character. ---PAGE BREAK--- 17.100 - 2 If dedication of park land is not possible, the City will accept the following proposals in exchange for credit towards the amount of required park land to be dedicated. All proposals submitted to obtain credit towards park fees and park land dedication shall be designed and constructed to the satisfaction of, and be approved by the City. The following proposals may be accepted for review for the specified credit ratio: 1/3 credit towards park land dedication for the following considerations: Dedication of natural open space that is not suitable for development (i.e. steep slopes, critical areas, etc.). (ii) Development of a landscaped stormwater tract. A landscaping plan shall be submitted for review. Landscaping shall meet the satisfaction of the Planning Official. (iii) Development of a stormwater tract or critical area that can be used for passive recreation. One-half credit towards park land dedication for the following considerations: Dedication of natural open space where an all-weather multi-use trail system is constructed by the developer to City specifications. (ii) Development of a private park that serves the residents of the development. (Ord. 5696 Sec. 1, 2017: Ord. 5540 Sec. 1, 2014: Ord. 5280 Sec. 1, 2010) 17.100.020: Additional Park Land for Public Purchase - When: Where a neighborhood park playground is proposed to be located wholly or partly within a proposed division, and where the projected population of the proposed division will not require dedication of land for the entire park, the developer may be required to reserve additional park land for purchase by the public within one year of the final division approval by the City Council. Prior to division approval, the City shall indicate if the additional park land is to be purchased. (Ord. 5280 Sec. 1, 2010) 17.100.030: Development - Time Limit - Scope: Any land dedicated for park purposes must be substantially developed by either the City, an LID, or some other means, within five years of dedication. Substantial development includes automatic sprinklers, grass, and light landscaping. The time limit for development does not commence until at least fifty percent (50%) of the division is inhabited. (Ord. 5280 Sec. 1, 2010) 17.100.040: School and Park Sites to Abut: If a division abuts an existing or proposed school site, any park site within the proposed division must normally abut the existing or proposed school site. (Ord. 5280 Sec. 1, 2010) 17.100.050: Acceptance of Dedications: In addition to any method for dedicating property for public purposes and the acceptance thereof, whether authorized by statute or as provided by the common law of the State, the City Engineer may accept the dedication of any property for the purpose of increasing the right-of-way of any public way. (Ord. 5280 Sec. 1, 2010) 17.100.060: Dedications - Presumptions: The recording of any instrument in the office of the County Auditor indicating the deeding or dedication of property for public purpose shall be deemed prima facie evidence that said property was dedicated for public purpose and the same was accepted by the City Council or the public generally. (Ord. 5280 Sec. 1, 2010)