ORD 79-23 PAY A FEE IN LIEUORDINANCE 79 -~
AN ORDINANCE OF THE CITY OF WINSLOW, WASHINGTON, REQUIRING
ALL SUBDIVIDERS, DEVELOPERS OF SHORT PLATS, DEVELOPERS OF
MULTI-FAMILY RESIDENTIAL DEVELOPMENTS, DEVELOPERS OF ALL
RESIDENTIAL PLANNED UNIT DEVELOPMENTS AND DEVELOPERS OF ALL
MOBILE HOME PARKS TO DEDICATE LAND, PAY A FEE IN LIEU OF
DEDICATION OF LAND, OR BOTH, FOR THE PURPOSE OF PROVIDING
PUBLIC PARKS AND RECREATIONAL FACILITIES; ESTABLISHING A
FEE SCHEDULE FOR "IN LIEU" PAYMENTS; PROVIDING FOR APPROVAL
OF PLANS BY THE CITY COUNCIL; AND CREATING A SPECIAL PARK
IMPROVEMENT FUND FOR "IN LIEU" FEES.
The City Council of the City of W]ns!ow, Washington, make
the following Findings of Fact:
A. The increas~.ng population of the City of Winslow
placing heavy burdens on the use of existing park an~
recreational facilities within the City of Winslow.
B. As new residences are ~eve]ope~, provision shou]~ be
made for a~equate park and recreational fac]!ities.
C. It is not practical to establish numerous small parks
in connection with each subdivision or development, depending
upon its size an~ location; and instead, it is ~es]rable to
establish parks and recreational facilities in accordance with
the provisions of the Winslow Comprehensive Plan, the Winslow
Comprehensive Park Plan an~ future park plans.
D. Because of the size and configuration of the City of
Winslow, it is determined that all residences benefit from all
park facilities within the City of Winslow. Therefore, the
future occupants of any subdivision, short plat or residential
development falling within the provisions of this ordinance
would benefit equa~!y from park facilities located within the
propose~ development itself or from the m~]ntenance of,
improvements to or creation of park facilities located anywhere
within the City of Winslow.
E. The requirement of ~e~icat]on of ]and and/or a fee in
lieu of dedication of ]an~, or both, is a reasonable and
practical method for fairly assessing the described
subdivisions, short plats and residential developments for a
proportionate share of the cost of provid_~ng adequate park and
recreational facilities an~ ~s a reasonable and practical
method for providing for parks and recreational facilities to
serve the residepts of these developments.
F. The public interest, convenience, health, we]fare and
safety require that five (~) acres cf property for each one
tbeusan~ (1,000) persons residing w~tbjn the City of Winslow be
devoted to city park and recreational purposes.
G. In those instances where dedication of ]and is not
desirable and where instead a fee in lieu of dedication is
reeuired, based on the city's ability to acquire ]and by
condemnat]on for parks and recreational facilities, a
reasonable alternative valuation to the fair market value of
such ]and is $0.50 per square foot.
H. This ordinance will not have any significant adverse
environmental or economic impacts.
Now, Therefore, The City Council of the City ef Winslow,
Washington, DO ORDAIN as fo].lows:
SECTION I. REQUIREMENTS:
As a condition of approval of a final subdivision map for
residential use, approval of any short plat, approval of any
resideptia] planned unit development, or approval of any permit
issued under the Uniform Build.~ng Code for the development of
any proposed mobj]e home park or mu!tj-fami].~ residential
development, the owner or applicant shall dedicate land, pay a
fee jn lieu thereof, or both, at the option of the Winslow City
Council for park and recreational purposes according to the
standards add formu]a contained in this ordinance.
SECTION II. STANDARDS AND FORMULA FOR DEDICATION OF LAND:
Based on the criteria of need for five (5) acres for each
one thousand (1,000) people residing within the City of
Winslow, and the average occupancy rate of three (3) persons
per dwelling unit, the amount of land required for dedication
she]] be .015 acres per dwelling unit. In those instances
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where the applicant can 8emonstrate an occupancy rate of two
(2) or less persons per dwelling unit, the amount of land
reoujred for dedication shall be .010 acres per dwelling unit.
SECTION III. FORMULA FOR FEES IN LIEU OF LAND DEDICATION:
A. GENERAL FORMULA: If in the opinion of the City of
W~ps]ow ]t is not desirable to establish a park or other
recreational facility within a proposed subdivision, short plat
or residential development, to serve the immediate or future
needs of the residents, and if the City determines that a fee
shall be paid, in lieu of land dedication, the subdivider or
individual shall, at his option, pay a fee equal to either the
fair market value of the lan~ prescribe8 for dedication under
the applicable formula of Section II, or $0.50 per square
foot. The fair market value shall be determined as of the date
of the filing of the application by the owner or developer for
approval of any subdivision, short plat or residential
development described jn Section I, berein. Fair market value
shall be determined by any MAI appraiser acceptable to the City
of Winslow.
B. USE OF MONEY: The money collected hereunder shall be
used only for the purposes of acquiring, developing and
maintaining parks add other recreational facilities to serve
the residents of the City of Winslow. All money collected
hereunder will be expanded by the City Council for such
purposes.
SECTION IV. CRITERIA FOR REQUIRING BOTH DEDICATION AND
FEE:
As an alternative to requiring either the dedication of
]an~ cr the payment of a fee iD lieu thereof, the City Council
of the City of Winslow may require the subdivider, applicant
for the short plat, or residential developer to both dedicate
land and pay a fee ~n lieu thereof in sccordance with the
following formula:
When only a portion of the ]and to be subdivided, short
platted er deve]ope~ for residential use is proposed on the
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City of Winslow Comprehensive Park Plan or future park plans as
the site for a city park, such portion shall be dedicated for
city park purposes. In addition, a fee computed pursuant to
the provisions of Section III, herein, shall be paid for any
additional ]and that would have been dedicated under the
formula for dedication set forth ~n Section II, berein, had
dedication alone been required.
SECTION V. DETERMINATION OF DEDICATION OF LAND OR
PAYMENT OF FEE:
The City Council of the City of Winslow shall decide
whether the dedication of land, payment of a fee in lieu
thereof, or both the dedjcation of ]_and and payment of a fee
lieu thereof is appropriate. The City Councils' decision shall
be final and shall be determined by consideration of the
following factors:
A. Compatability with the C]ty's Comprehensive Plan,
Comprehensive Park Plan or future park plans.
B. Topography, geology, access and location of land in the
subdivision or residential development suitable for dedication.
C. Size and shape of the subdivision, short plat or
residential development and the location of land suitable for
dedication.
D. The feasibility of dedication.
E. The proximity of the subdivision, short plat or
residential development to previously acquired park property.
F. The possibility of combining the land to be dedicated
for park purposes with existing park or recreational facilities
when the parcel to be dedic~ted does not exceed one (]) acre in
area.
SECTION VI. CREDIT FOR PRIVATE PARKS:
Where private open space for park and recreational
facilities ~s provided in a proposed subdivision, short plat or
residential development and such space is to be privately owned
and maintained by the future residents of the subdivision or
recreational development, such areas may, in the sole
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discretion of the City Council, be credited against the
requirement of dedication for park and recreational facilities
as set forth ]n Section II, here]n, or the payment of fees in
lieu thereof as set forth in Sect]on III, here]n, providea that
the City Council fin~s it in the public interest to do so, and
determines on the basis of written findings of the City
Engineer that the following standards are met:
A. The yards, court areas, setbacks and other open areas
required to be maintained by the zoning and building
regulations are not included in the computation of such private
open space.
B. The private ownership and maintenance of the open
spaces are adequately provided for by written agreement.
C. The use of the private open spaces are restricted for
park and recreational purposes by recorded Covenants which run
with the lend in favor of the future owners of property within
the subdivision, short plat or resident]a] development and
which cannot be Defeated or eliminated without the consent of
the Winslow City Council.
D. The proposed private open space is reasonably adaptable
for use for park aD~ recreational purposes, taking into
consideration such factors as size, shape, topography, geology,
access and location of the private open space lanD.
E. Facilities proposed for the open space are ]n genera]
accord with the intent of the Comprehensive Plan, Comprehensive
Park Plan and future park plans and are approved by the City
Council.
F. The open space and/or facilities will provide for the
park and recreational needs of the residents of the
subdivision, short plat, short plat or residential development
in such manner as to reduce the impact on existing park or
recreational facilities within the City of Winslow or
reduce the need to provide new park or recreational facilities
within the City of Winslow.
SECTION VII. PROCEDURE:
A. All subDividers, applicants for short plats and
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residential developers are required to submit their proposal
for dedication of ]and and/or payment of a fee in lieu of
dedication at the time the proposed subdivision, short plat or
residential development is reviewed by the Winslow Planning
Agency. The Planning Agency shall review the proposal together
with the proposed short plat, subdivision or resident]a]
development and shall recommend to the City Council whether the
proposal for dedication, payment of a fee in lieu thereof, or
comb]nation thereof should be approved, modified, or otherwise
revised.
In those instances where the C~ty Council determines to
require dedication of ]and, payment of a fee in lieu thereof or
a comb]nat]on thereof, the dedication of land to the City or
payment in l~eu thereof or both shall occur prior to
preliminary plat approval or the issuance of any permits
pursuant to the Uniform Building Code.
(B) Open space covenants for private parks or recreational
facilities shall be submitted to the City, reviewed by the City
Engineer and accepted by the City of Winslow prior to approval
of any short plat, preliminary plat approval for subdivisions,
or issuance of any permits pursuant to the Uniform Building
Code. All such Open Space Covenants relating to subdivisions
shall be recorded at the time of the recording of the final
subdivision map. All other such Open Space Covenants shall be
recorded with the Kitsap County Auditor within ten (10) days of
the date of acceptance of the City of Winslow of such Open
Space Covenants for private parks or recreational facilities.
SECTION VIII. APPLICATION OF THIS ORDINANCE:
The provisions of this ordinance shall apply to all
subdivisions which have not received preliminary plat approval
by the City Council, all short plats which have not yet been
approved, residential planned unit developments which have not
received final approval by the City Council and multi-family
developments and mobile home parks for which a permit has not
been issue~ pursuant to the Uniform Building Code prior to the
effective date of this ordinance.
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SECTION IX. CREATION OF A SPECIAL PARK IMPROVEMENT FUND:
There is hereby createn a special fund entitled "Park an~
Recreational Land Acquisition and Improvement Fund". A]]
payments made under the terms of this ordinance shall be p]ace~
in said fund and sain money shall be used for park ]and
acquisition, maintenance ann capital improvements to provide
public park and/or recreational facilities within the City of
Winslow which are in accordance with the goals set forth in
this ordinance.
SECTION X. SEVERABILITY:
If any section, subsection, clause, phrase or worn of this
ordinance is for any reason held to be invalid or
unconstitutional by a court of competent juri. sdiction, such
inva]idity or unconstitut~ons]ity shall not affect the validity
or constitutionality of the remsinjng portions of this
orSinance.
Th~s ordinance shall become effective five (5) days after
publication or posting as required by law.
PASSED by the City Council of Winslow, Washington,
this ~day of ~4~L4~1979.
ATTEST:
APPROVED AS TO FORM:
ROBERT W. MCKISSON
OF MCKISSON, LEHNE AND ASSOCIATES
CITY ATTORNEYS
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