Chapter 16.12
DEDICATIONS
Sections:
16.12.030 Protective improvements.
16.12.040 Access to public waters.
16.12.060 Exemption—Conveyance to corporation.
16.12.070 Exemption—Corporate membership and responsibilities—Conditions.
16.12.080 Notification of public intention to acquire.
16.12.090 Request to reserve for delayed public acquisitions.
16.12.100 Reservation for delayed public acquisition.
16.12.110 Reserved land—Show on plat.
16.12.120 Reserved land—No development.
16.12.130 Reserved land—Development if not acquired.
16.12.010 Required.
No plat shall be approved unless adequate provision is made in the subdivision for such drainage ways, roads, alleys, easements, parks, playgrounds, sites for schools, school grounds, and other general purposes as may be required to protect the public health, safety and welfare. (Ord. 77-3 § 26)
16.12.020 Shown on plat.
All dedications of land shall be clearly and precisely indicated on the face of the plat. (Ord. 77-3 § 27)
16.12.030 Protective improvements.
Protective improvements, and easements to maintain such improvements shall be dedicated. (Ord. 77-3 § 28)
16.12.040 Access to public waters.
Plats of subdivisions containing land adjacent to publicly owned or controlled bodies of water shall contain dedications of access to such bodies of water unless the board determines the public use and interest will not be served thereby. Such dedications shall be to the low water mark and shall include easements for pedestrian traffic at least ten feet wide bordering the high water mark. (Ord. 77-3 § 29)
16.12.050 Access to lots.
Convenient access to every lot shall be provided by a dedicated road. (Ord. 77-3 § 30)
16.12.060 Exemption—Conveyance to corporation.
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, playgrounds, recreational, community or other general purposes, allow the said land to be conveyed to a homeowner’s association or similar nonprofit corporation. (Ord. 77-3 § 31)
16.12.070 Exemption—Corporate membership and responsibilities—Conditions.
A. A subdivider who wishes to make a conveyance as permitted by Section 16.12.060, 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.
B. The articles of incorporation shall provide that:
1. Membership in the organization shall be appurtenant to ownership of land in the subdivision;
2. The corporation is empowered to assess the said land for costs of construction and maintenance of the improvements and property owned by the corporation; and
3. Such assessments shall be a lien upon the land.
C. 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. 77-3 § 32)
16.12.080 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 preliminary plat, notify the board and the subdivider of it’s intention to acquire some or all of the land in a proposed subdivision for public uses. (Ord. 77-3 § 33)
16.12.090 Request to reserve for delayed public acquisition.
In the event the land is not dedicated for the said uses, the public agency may request that the board require the reservation of such land for a stated period not to exceed two years following the board’s approval of the final plat, during which the agency may acquire the land. (Ord. 77-3 § 34)
16.12.100 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 said 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 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 it’s intention to abandon it’s right to acquire the reserved land with the county auditor. (Ord. 77-3 § 35)
16.12.110 Reserved land—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. 77-3 § 36)
16.12.120 Reserved land—No development.
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. 77-3 § 37)
16.12.130 Reserved land—Development 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 reserve land available for development until adequate surety for development thereon has been provided. (Ord. 77-3 § 38)