Chapter 15.60
PARK, TRAIL AND OPEN SPACE IMPACT MITIGATION ASSESSMENTS
Sections:
15.60.010 Definitions.
15.60.020 Applicability.
15.60.030 Basis for dedication or assessment.
15.60.040 Dedication suitability.
15.60.050 Dedication standards.
15.60.060 Alternative to public dedication.
15.60.070 Mitigation assessments.
15.60.080 Mitigation assessment formulas.
15.60.090 Administration of cash payments to City.
15.60.100 Appeals and adjustments.
15.60.110 Penalty.
15.60.010 Definitions.
In addition to the definitions in FMC Title 18, the following terms shall have the meanings given in this section:
“Residential property development” shall mean any application for a building permit or conditional use permit for a single family dwelling, mobile home, duplex or multifamily dwelling; and any application for approval of a mobile home park, mobile home subdivision or residential planned unit development; and any application for approval of a short subdivision or subdivision in zones allowing for potential residential uses.
“Unit” shall mean each dwelling unit, mobile home, business or lot as applicable. Where the number of units is not precisely known at the time of development, “unit” shall mean at least one dwelling unit for each lot, to be increased when the number of dwelling units becomes known or fixed through application for a building permit or other applicable permit.
Park Classifications. The following are definitions of park types and service areas as developed by the City of Ferndale Parks Advisory Board:
“Neighborhood park” shall mean a park with a service area radius of one-quarter mile. The size range for this type of park is one to five acres, with the ideal size being three acres.
“Community park” shall mean a park with a service area radius one mile from the center of the park. The size ranges from five to 25 acres, with the ideal size of this type being 15 acres.
“City/regional park” shall mean a park with a service area of two miles from the center of the park. The size ranges from 25 to 200+ acres, with the ideal size of this type of park being equal to or greater than 50 acres. (Ord. 1483 § 1, 2008)
15.60.020 Applicability.
The provisions of this chapter shall be applicable to all residential property developments including the subdivision of land and the construction of residential dwelling units. (Ord. 1483 § 2, 2008)
15.60.030 Basis for dedication or assessment.
All land dedications or mitigation assessments shall be made on a per-unit basis. Dedication requirements or mitigation assessments shall not be imposed so as to have the effect of imposing more than the cost of one unit for any dwelling unit or mobile home. Requirements are not intended to have the effect of requiring new dedications or assessments for units which have previously been subject to dedication or assessment individually or as part of a larger project. (Ord. 1483 § 3, 2008)
15.60.040 Dedication suitability.
Within the structure of State and local laws, dedication of land that is improved for public parks, recreation facilities, trails, and open spaces is one method of mitigating the impacts on such facilities caused by property development proposals within the City. Every property development proposal shall be reviewed by the City Parks, Recreation and Trails Advisory Board for recommendation of suitable lands for dedication and for the level of improvements for parks, recreation facilities and open spaces in accordance with the standards set forth herein. Criteria to determine site selection are as follows:
A. Accessibility. The land must be readily accessible to all individuals. Donated land should abut a public street or public easement wide enough to accommodate vehicular traffic and maintenance equipment.
B. Shape and Topography. The site must be suitably shaped and sloped to accommodate parks, trails, and open space activities appropriate to the location and needs of the users. Steeply sloped areas (in excess of 20 percent) will not be accepted for park dedication areas, except as noted in subsection (E) of this section, Natural Areas.
C. Soils. Soils at the site should be well drained and dry for the majority of the year to accommodate proposed recreational uses.
D. Size. The intended park, trail, and open space should be a unified site of not less than 44,000 square feet. Several smaller pieces of land within a tract that cumulatively total the area derived by the park mitigation formula will generally not be accepted dedications, in lieu of one unified site.
E. Natural Areas. When natural characteristics such as streams, bogs, wetlands, ravines etc. exist on the site, park mitigation credit based on the donation formula can be received for the preservation, enhancement and natural retention of such areas. However, the preservation and enhancement of such natural areas shall not exceed 30 percent of the total land donation area. When natural areas are donated to mitigate park impacts, a developed area shall also be donated that provides at least two of the park development elements contained in the Mitigation Elements section of Exhibit A, attached to the ordinance codified in this chapter, or a donation of a fee in-lieu-of when acceptable to the City.
F. Proximity. The site must be located outside the service area of public land in need of improvement and dedicated for recreation, trail, or open space purposes.
G. Parks, Recreation and Trails Master Plan. The site must be consistent with the needs identified in the City’s Parks, Recreation and Trails Master Plan.
Applications shall be subject to mitigation assessments established by formula if the above standards are not satisfied or unless prior dedication or assessment for parks, recreation facilities, trails, and open space against the subject property has been made. (Ord. 1483 § 4, 2008)
15.60.050 Dedication standards.
Where dedication is determined to be suitable, the requirements contained in a separate resolution, Park Dedication Requirements, attached to the ordinance codified in this chapter, shall apply.
The City Council shall determine the final suitability, location and improvements to lands proposed for dedication. Dedications shall be considered suitable which meet the requirements set forth in FMC 15.60.040, Dedication suitability, and best serve the public interest in providing a variety of lands for parks, recreation facilities, trails, and open spaces. (Ord. 1483 § 5, 2008)
15.60.060 Alternative to public dedication.
In some cases, it may be determined that land for parks, recreation facilities, trails, and open spaces should not be dedicated to the public, but remain under control of a homeowners association or similar body. The City Parks, Recreation and Trails Advisory Board may recommend, and the City Council may approve, lands to be set aside for recreational, trail, or open space purposes subject to such conditions of ownership and perpetual maintenance as may be deemed acceptable. In cases where this alternative is used, the same minimum requirements contained in the Dedication Requirements section of Exhibit A, attached to the ordinance codified in this chapter, shall apply. (Ord. 1483 § 6, 2008)
15.60.070 Mitigation assessments.
When a property development contains insufficient suitable land area for the creation of adequate parks, recreation facilities, trails, and open spaces in accordance with City standards, dedication of land for such uses is not a feasible method of mitigating the impacts of property development proposals. In that event, mitigation assessments may be substituted as permitted or authorized by State and local law for development proposals within the service area of an existing park facility or the service area of a planned facility. (Ord. 1483 § 7, 2008)
15.60.080 Mitigation assessment formulas.
The formulas used to calculate mitigation assessments for public parks, recreation facilities, trails, and open spaces are as found in the Mitigation Assessments section of Exhibit A, attached to the ordinance codified in this chapter. These formulas shall be reviewed and revised as determined by the City Council to reflect changes in development and acquisition baseline costs.
Mitigation assessments contributed under this section shall be due and payable as follows:
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Amount of Per Unit Assessment Payable At: |
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Development Type |
Project * Approval |
Building Permit Issuance |
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1. Development requiring both project* building permit approvals except for “a” below. |
total assessment per unit for all units |
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a.) Creation of new, additional lots for future single-family residential use on property where one or more previously existing single-family units are located |
total assessment for net new lots |
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2. Development for which building permit only is required, except for “b” below. |
— |
total assessment |
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b.) Construction of single-family residence on previously existing lot-of-record |
— |
1/2 of assessment |
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3. Development for which no individual building permit will be required following project approval |
total assessment |
— |
* “Project” includes conditional use permit, mobile home park, mobile home subdivision, planned unit development, short plat or final plat involving a residential or potential residential use, as applicable.
(Ord. 1483 § 8, 2008)
15.60.090 Administration of cash payments to City.
There is hereby created and established a special purpose nonoperating Parks, Recreation, Trails and Open Space Mitigation Fund, for the administration of mitigation assessment paid to the City, as follows:
A. Separate Account for Each Development. Any cash payments made shall be deposited in the Fund and administered as a separate account for the development in question, and the account balance shall be applied only to completion of improvements or acquisition projects specified in the City Park Capital Improvement Plan as approved or amended by the City Council.
B. Interest Earned. Interest and investment income earned by the Fund shall be redeposited in the fund and allocated proportionally to each sub-account.
C. Time Limit for Expenditures. Any funds remaining in a development’s account shall be refunded with interest to the property owner of record when the time periods for expenditure of those funds have passed, as provided for in applicable state laws.
D. Refund of Amounts Paid. If a developer makes any payments to the Parks, Recreation, Trails, and Open Space Mitigation Fund for mitigation purposes, and the development’s building permit or other approval expires before any substantial construction has commenced, the developer or the developer's successors in interest shall be entitled to a refund of the payments made plus interest, less a reasonable charge for processing of the account. Any amount erroneously paid or collected shall be refunded in full. (Ord. 1483 § 9, 2008)
15.60.100 Appeals and adjustments.
Any person desiring to appeal from a decision made in the enforcement of the provisions of this ordinance or any person seeking an adjustment to the dedication or mitigation assessments required by this ordinance due to unusual circumstances in specific cases, shall submit, in writing, a request for a hearing before the City Council and determination of the matter appealed within 10 days after receiving written notice of the specific dedication or mitigation assessments required by this chapter. The City Council shall consider such requests at its next available meeting and shall issue such determination as it deems fair and equitable. (Ord. 1483 § 10, 2008)
15.60.110 Penalty.
Violation of this chapter is a gross misdemeanor punishable by a fine of not more than $1,000 and a jail term of not more than one year. Each day that such violation is allowed to continue shall be considered a separate and additional violation of this chapter. (Ord. 1483 § 12, 2008)