Chapter 16.20
DEDICATIONS
Sections:
16.20.010 Appropriate provision of services required.
16.20.020 Indication of dedication to be shown.
16.20.030 Protective improvements required.
16.20.040 Exemptions – Conveyance to nonprofit corporations.
16.20.050 Corporate membership – Responsibilities – Conditions.
16.20.060 Notification of public intention to acquire.
16.20.070 Request to reserve for delayed public acquisition.
16.20.080 Reservation for delayed public acquisition.
16.20.090 Reserved land to show on plat.
16.20.100 No development permits to be issued for improvements on reserved land.
16.20.110 Development on reserved land if not acquired.
16.20.010 Appropriate provision of services required.
No plat shall be approved unless adequate provision is made for such open spaces, drainage ways, roads, alleys, easements, parks, playgrounds, sites for schools, school grounds, water supplies, sanitary wastes and other general purposes as may be required to protect the public health, safety and welfare. Dedication of land to any public body may be required as a condition of subdivision approval and shall be clearly shown on the final plat.
(Ord. 20 (1983) § 29, 1983)
16.20.020 Indication of dedication to be shown.
All dedications of land shall be clearly and precisely indicated on the face of the plat.
(Ord. 20 (1983) § 30, 1983)
16.20.030 Protective improvements required.
Protective improvements, and easements to maintain such improvements, shall be dedicated.
(Ord. 20 (1983) § 31, 1983)
16.20.040 Exemptions – Conveyance to nonprofit corporations.
If the board concludes that the public interest will be served thereby, the board may, in lieu of requiring the dedication of land in a subdivision for protective improvements, drainage ways, roads, alleys, sidewalks, parks, access to water, playgrounds, recreational, community or other general purposes, allow the land to be conveyed to a homeowner’s association or similar nonprofit corporation.
(Ord. 20 (1983) § 32, 1983)
16.20.050 Corporate membership – Responsibilities – Conditions.
A subdivider who wishes to make a conveyance as permitted by Section 16.20.040 shall, at or prior to the time of filing a final plat for approval, supply the board with copies of the grantee organization’s articles of incorporation and bylaws, and with evidence of the conveyance or a binding commitment to convey. The articles of incorporation will provide that membership in the organization shall be appurtenant to ownership of land in the subdivision; that the corporation is empowered to assess the land for costs of construction and maintenance of the improvements and property owned by the corporation, and that such assessments shall be a lien upon the land. The board 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. 20 (1983) § 33, 1983)
16.20.060 Notification of public intention to acquire.
Any public agency with power to acquire land by condemnation or otherwise for public uses may at any time prior to final approval of a preliminary plat, notify the board and the subdivider of its intention to acquire some or all of the land in a proposed subdivision for public uses.
(Ord. 20 (1983) § 34, 1983)
16.20.070 Request to reserve for delayed public acquisition.
In the event that the land is not dedicated for said uses, the public agency may request that the board require the reservation of such land for a stated period, not to exceed one year following the board’s approval of the final plat, during which the agency may acquire the land.
(Ord. 20 (1983) § 35, 1983)
16.20.080 Reservation for delayed public acquisition.
If the board finds that the public health, safety or general welfare will be served thereby, the board may require, as a condition precedent to approval of the final plat, that the land or such part of it as the board deems appropriate be designated on the plat as reserved land, and that for the period requested or such shorter period as the board deems sufficient the reserved land shall not be developed for uses other than the contemplated public use. A public agency may accelerate the expiration date of a reservation period by filing written notice of its intention to abandon its right to acquire the reserved land with the county auditor.
(Ord. 20 (1983) § 36, 1983)
16.20.090 Reserved land to show on plat.
The subdivider may indicate on the plat that if the reserved land is not acquired for public use it shall be subdivided and, if the subdivider does so, the plat shall show the configuration and dimensions of proposed lots, blocks, roads, easements and like features in the reserved area.
(Ord. 20 (1983) § 37, 1983)
16.20.100 No development permits to be issued for improvements on reserved land.
No building permit, septic tank permit or other development permit shall be issued for improvements on reserved land during the period of reservation except as expressly authorized by the board at the time of final plat approval.
(Ord. 20 (1983) § 38, 1983)
16.20.110 Development on reserved land if not acquired.
If the public agency has not acquired or commenced proceedings to acquire reserved land within the period set by the board, the subdivider and the subdivider’s successors may proceed to develop land lying within the reserved area in conformity with the plat. No improvements shall be made upon reserved land available for development until adequate surety for development thereon has been provided.
(Ord. 20 (1983) § 39, 1983)