Section 16.32.160 Park land.
A. A plat of a residential subdivision
shall show that one-ninth of the combined area of lots
five acres or less in size and one-twelfth of the combined area of lots greater than five acres in
size, exclusive of all other dedications, is forever dedicated to the public for parks or
playgrounds. No dedication may be required for the combined area of those lots in the
subdivision which are less than ten acres exclusive of all other dedications. The city council, may
determine suitable locations for such parks and playgrounds.
B. Where, because of size, topography,
shape, location or other circumstances, the
dedication of land for parks or playgrounds is undesirable, the city council may allow a cash
donation in lieu of the dedication of land that would have been dedicated. For the purpose of this
section, the fair market value is the value of the unsubdivided unimproved land. Such cash
donation shall be paid into the park fund to be used for the purchase of additional lands or for the
initial development of parks and playgrounds.
1. Where cash has been accepted in
lieu of land dedication, the amount of cash donation
shall be stated on the final plat.
2. Where cash has been accepted in
lieu of land dedication, the city council shall record in
the minutes of the hearing upon the proposed subdivision why the dedication of land for parks
and playgrounds was undesirable.
3. The fair market value must be determined
as of the date of submission of the preliminary
plat.
4. It shall be the responsibility
of the subdivider to provide satisfactory evidence of the fair
market value. When the subdivider and the city council are unable to agree upon the fair market
value, the city council may require the fair market value be established by an appraisal done by a
qualified real estate appraiser of its choosing. The appraisal fee shall be the responsibility of the
developer.
C. The park dedication and cash in
lieu requirements of subsections A and B of this section
do not apply to any division that creates only one additional lot.
D. If a tract of land is being developed
under single ownership as a part of an overall
development plan, and part of the tract has been subdivided and sufficient park lands have been
dedicated or cash donated in lieu to the public from the area that has been subdivided to meet the
requirements of this section for the entire tract being developed, the city council shall issue an
order waiving the land dedication and cash donation requirements for the subsequently platted
area.
E. The city council may waive dedication
and cash donation requirements when the
subdivider agrees to create a property owners' association for the proposed subdivision and to
deed to the association land to be held in perpetuity for use as parks or playgrounds. The area of
land to be deeded to the association shall equal the amount that would otherwise have been
dedicated to public use.
F. All subdivisions shall be considered
to be residential subdivisions and park requirements
must be satisfied unless there are adopted zoning restrictions or covenants which prohibit
residential development or it can be shown that the subdivider has immediate plans for
nonresidential development. (Ord. 131 (part), 1998: prior code § 16.01.040A-15)
