Chapter 16.28
DEDICATION AND CONTRIBUTIONS
Sections:
16.28.030 Contribution in lieu of dedication or public improvements.
16.28.040 Property owners’ associations.
16.28.010 Purpose.
To assure that no preliminary or final plat, short plat or planned unit development binding site plan shall be approved unless all necessary easements and rights-of-way have been properly dedicated to a property owners’ association or the appropriate governmental jurisdiction. (Ord. 1119 § 1, 2008; Ord. 944 § 17, 1999; Ord. 888 § 1, 1996).
16.28.015 Requirements.
Dedication of areas may be required by this title for open spaces, drainage ways, streets, and other public ways, water systems, wastewater systems, storm water systems, parks, playgrounds, mitigation of adverse environmental impacts, protection of environmentally significant features and such other public requirements as may promote public health, safety and welfare.
A. Dedications, or contributions in lieu thereof, shall be limited to the minimum necessary to mitigate the development and its impacts.
B. The subdivider may offer a voluntary dedication or contribution in excess of the needs and impacts for the development. The city of Cashmere may accept a voluntary dedication after notice to the subdivider of his right to compensation for those additional dedications and contributions. (Ord. 1119 § 1, 2008; Ord. 944 §§ 18, 47, 1999).
16.28.020 Review.
Review of all developments shall be done in accordance with CMC Title 14. (Ord. 1119 § 1, 2008; Ord. 888 § 1, 1996).
16.28.030 Contribution in lieu of dedication or public improvements.
With the consent of the applicant and the city council, the city may accept a contribution in lieu of dedication of land or construction of public improvements needed for the development or as a result of impacts due to the development. Any such contributions shall be paid into a special reserve fund before final plat or site plan approval. The funds contributed shall be expended within six years from the date of deposit for such capital improvements as the applicant and city council have agreed upon. If the funds are not expended, they shall be returned to the applicant along with interest earned on investment of the funds. (Ord. 1119 § 1, 2008; Ord. 888 § 1, 1996).
16.28.040 Property owners’ associations.
Title to any dedicated lands to be held by existing or subsequent property owners shall be included in a contract binding all the owners of the properties within the development to the perpetual maintenance and preservation of the dedicated area for its stated purpose. Any contract that establishes a property owners’ association shall be reviewed by the city of Cashmere to assure that provisions and legal requirements provide for the perpetual maintenance and preservation of the dedicated areas for the stated purposes. (Ord. 1119 § 1, 2008; Ord. 944 § 19, 1999).