Chapter 19.26
OPEN SPACE
Sections:
19.26.030 Allocation criteria.
19.26.050 Maintenance of open space.
19.26.060 Creation of park and open space fund.
19.26.080 Use of park and open space fund.
19.26.010 Review.
Where land allocated as open space is included within a development for which a conditional use or site plan review is required, then the allocation shall be approved or rejected in the course of the site plan review. Where land allocated as open space is included within a development for which a plat is required, then the allocation shall be approved, accepted or rejected in the course of the review of the plat application. Where an open space allocation is accepted for a subdivision for which a plat is required, then the approved land shall be surveyed and precisely shown on the final plat. (Ord. 22-08 § 1 (Exh. A), 2008; Ord. 22-05 § 1, 2005; Ord. 1020 § 6, 1981).
19.26.020 Implementation.
Open space may be implemented by grant of restrictive covenant to owners within the plat or site plan, or to a property owners’ association, dedicated to the city or by any other mechanism authorized by law. (Ord. 22-08 § 1 (Exh. A), 2008; Ord. 22-05 § 1, 2005; Ord. 1020 § 6, 1981).
19.26.030 Allocation criteria.
(1) The required minimum open space allocation shall not include lands reserved for street rights-of-way, tidelands or lands covered by buildings, structures or impervious materials, except as would be permitted pursuant to BMC 19.26.040.
(2) When possible, open space square footage should be used to separate impervious surface area. (Ord. 15-17 § 6, 2017; Ord. 22-08 § 1 (Exh. A), 2008; Ord. 22-05 § 1, 2005; Ord. 1020 § 6, 1981).
19.26.040 Rights and duties.
The owners of open space land, implemented through BMC 19.26.020, shall have the following rights which may be exercised in respect to said
land, subject to restrictive covenants or other restrictions:
(1) The right to locate recreational facilities, such as tennis courts, swimming pools, picnic tables and fireplaces, accessory to picnic tables designed to be used exclusively for the use of residents of the development and their guests;
(2) The right to locate pedestrian paths, bicycle paths and bridle paths;
(3) The right to cover up to but not exceeding 10 percent of the land with impervious substances reasonably necessary to exercise the rights provided in subsections (1) and (2) of this section;
(4) The right to take whatever measures are reasonably necessary to protect and maintain such land, or land or property adjacent thereto, or to correct a hazardous condition posing a threat to life or limb;
(5) The right to conduct agricultural activities, including the selective harvesting of mature trees;
(6) The right to regulate access to or entry on the open space land, and duty to maintain such land. (Ord. 22-08 § 1 (Exh. A), 2008; Ord. 22-05 § 1, 2005; Ord. 1020 § 6, 1981).
19.26.050 Maintenance of open space.
All open space and improvements shall be properly maintained by the landowner or the homeowners’ association, as the case may be. (Ord. 22-08 § 1 (Exh. A), 2008; Ord. 22-05 § 1, 2005; Ord. 1020 § 6, 1981).
19.26.060 Creation of park and open space fund.
The city treasurer is directed to establish a fund to be known as the “park and open space fund.” All moneys received by the city pursuant to this chapter shall be deposited in the fund created by this chapter. (Ord. 06-15 § 33, 2015; Ord. 22-08 § 1 (Exh. A), 2008; Ord. 22-05 § 1, 2005; Ord. 1020 § 6, 1981).
19.26.070 Purpose of fund.
The moneys in the park and open space fund created by this chapter shall be used solely for the acquisition, construction, improvement, maintenance, and repair of parks, open space, and recreational facilities. (Ord. 22-08 § 1 (Exh. A), 2008; Ord. 22-05 § 1, 2005; Ord. 1020 § 6, 1981).
19.26.080 Use of park and open space fund.
The city council may direct the transfer to or deposit in the fund of such additional grants, gifts, moneys, or general city revenues as it may authorize by ordinance, resolution, or motion duly passed. Authorization to expend moneys from the fund shall be subject to approval by the city council. Such approval may be expressed by the inclusion of an item therefor in the biennial budget or such other appropriate action by the city council as may be permitted by law. Such authorization shall not lapse at the end of the budgetary year, but may be carried forward; provided, that such carried forward appropriation shall be included and so identified in the budget for succeeding years. (Ord. 05-24 § 3, 2024; Ord. 22-08 § 1 (Exh. A), 2008; Ord. 22-05 § 1, 2005; Ord. 1020 § 6, 1981).