2245ORDINANCE NO. 2245
AN ORDINANCE ADOPTING CHAPTER 17.34 OF THE MOSES LAKE
MUNICIPAL CODE ENTITLED "OPEN SPACE AND PARKS"
THE CITY COUNCIL OF THE CITY OF MOSES LAKE, WASHINGTON DO ORDAIN AS
FOLLOWS:
Section 1. Chapter 17.34 of the Moses Lake Municipal Code entitled "Open Space and Parks" is
adopted as follows:
17.34.010
17.34.020
Scope and Application: Except as set forth below, the requirements and standards
of this chapter shall apply to each and every residential development as defined
herein, including subdivisions, apartments, townhouses, site plans and mobile home
parks; and, as deemed necessary by the responsible official to met the purposes of
this chapter, to each and every action subject to review by the city pursuant to the
subdivision chapters of the Moses Lake Municipal Code.
Exceptions: The requirements and standards of this chapter do not apply to solely
commercial or industrial development, including subdivisions, site plans, and other
developments which do not include residential dwelling units.
17.34.030 Definitions:
A."Dwelling unit" means any building or portion thereof which contains living facilities,
including provisions for sleeping, eating, cooking, and sanitation for not more than
one (1) family; or any lot designated and intended for such use.
B."Gross area" means the total area to be subdivided or otherwise developed without
subtracting any open space, rights-of-way, public lands, non-residential lots, or utility
lands and easements.
C."Net built area" means the developed area directly associated with dwellings,
including all setbacks and yards. The net built area is calculated by subtracting any
designed open space, public rights-of-way, public lands, commercial or industrial lots
not to include dwelling units, and lands to be used exclusively for utilities, such as
stormwater or sewage storage or treatment facilities, high voltage power lines, or
natural gas transmission lines, from the total area to be platted or otherwise
develo•ed.
•ORDINANCE NO. 2245
AN ORDINANCE ADOPTING CHAPTER 17.34 OF THE MOSES LAKE
MUNICIPAL CODE ENTITLED "OPEN SPACE AND PARKS"
LiI ''P' rsi-‘te'§iardilaaleve-faim'es h"rme'dn Wn-Ipi-oposal to construct, install, or to subdivide
land for the purpose of constructing or installing, any building for use and occupancy
Ordinance No. 2245
Page 2
as a dwelling unit, not including hotels, motels, recreational vehicle parks, and similar
developments intended solely for temporary or seasonal occupancy.
17.34.040 Open Space Requirements:
A.All residential developments shall include, as a condition of approval, either the
dedication of a portion of the site to be developed as qualified open space for public
purposes, or the payment of a fee-in-lieu of dedication, or both, pursuant to this
chapter. The applicant may either dedicate the land, or make payment of a fee-in-lieu
thereof pursuant to this chapter.
B.For purposes of all single family residential developments, any dedication of open
space pursuant to this chapter shall be five percent (5%) of the gross area of the
proposed development and shall be qualified open space as provided by 17.34.050.
For purposes of all multi-family residential developments and combined single family
and multi-family residential developments, any dedication of open space pursuant to
this chapter shall be ten percent (10%) of the gross area of the proposed
development and shall be qualified open space as provided in 17.34.050.
C.The city may waive the dedication requirements of this chapter, provided the
applicant makes an adequate showing that the purposes of this chapter will be served
by the creation of a private open space that otherwise meets the requirements of
qualified open space. Under such circumstances, the city may, in its sole discretion,
authorize the establishment of a private open space under appropriate terms and
conditions.
D.The city may also, in its sole discretion, allow both the imposition of a fee-in-lieu of
dedication and the dedication of open space, provided the city determines that the
purposes of this chapter are served by allowing a combination of both. Under such
circumstances, the fee-in-lieu of dedication shall be reduced proportionately with the
amount of open space dedication.
17.34.050 Open Space Qualifications: To qualify as open space for purposes of this chapter,
all dedicated open space must have the following attributes and characteristics:
A. Use: Open space shall be dedicated for one (1) or more of the following uses:
Ordinance No. 2245
Page 2
as a dwelling unit, not including hotels, motels, recreational vehicle parks, and similar
developments intended solely for temporary or seasonal occupancy.
17.34.040 Open Space Requirements:
A A16xes0.,Q,fiaLitev,e.l.o.nm.ents_shall include, as a condition of approval, either the
that the land is otherwise qualified open space.
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C.Siting: All open space lands must be located and sized to be suitable for their
intended purposes. The city may deny approval of the dedication where proposed
open spaces are so located or sized as to be unreasonably inefficient for the public
or private owner to maintain or utilize, or which the city deems to be isolated by
barriers or unreasonably remote by distance from the intended users or to be of no
benefit to the residents of the proposed development or to the public.
D.Access: In order to serve the recreational needs of the public, at least seventy-five
percent (75%) of dedicated open space associated with each development must be
accessible to either the general public or to all residents of the associated
development.
E.Ownership: The applicant shall warrant that he or she is dedicating full fee title to the
open space free and clear of any and all encumbrances. All documents associated
with such dedication shall be subject to review and approval by the city. The city may
require that any such documents be recorded as appropriate in the form of the
document.
F.Notice - Amendment: Notice of the dedication shall be provided by means
appropriate to the intended use. Such notice shall include at a minimum one (1)
posted sign and one (1) form of public record of the dedication use which can
reasonably be expected to be revealed by a title abstract of the property. Such
record may include a statement on the face of a recorded plat or recorded deed
covenants and restrictions.
G.Off-Site Open Space: The dedicated open space may be off-site and outside the
proposed development; provided, that the open space is qualified open space in all
other respects, that the applicant certifies and warrants that he or she has the
necessary authority to convey the off-site property in fee title to the city, free and clear
of any and all encumbrances, and that such off-site open space is within the
boundaries of the same sub-area identified in the land use element of the
comprehensive plan as the development itself.
H.Failure of Qualifications: Where no site within the proposed development meets the
above qualifications, the city may require that the applicant offer lands outside the
development or pay the fee-in-lieu of dedication, in either respect pursuant to this
chapter.
17.34.060 Fee in Lieu of Open S•ace Dedication:
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C. Siting: All open space lands must be located and sized to be suitable for their
intended purposes. The city may deny approval of the dedication where proposed
open spaces are so located or sized as to be unreasonably inefficient for the public
or private owner to maintain or utilize, or which the city deems to be isolated by
barriers or unreasonably remote by distance from the intended users or to be of no
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Adopted by the City Council and signed by its M Ty 14, 20
Ronald C. Covey, M
ATTEST:
Ronald R. Cone, Finance Director
APP•VED AS TO FORM:
AI 40
Ati, Ar
ames A. W itaker, City Attorney
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Ordinance No. 2245
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B.The fee-in-lieu of dedication of open space for a single family residential development
shall be five percent (5%) of the value of the gross area of the proposed development
or multiple family residential development shall be ten percent (10%) of the value of
the gross area of the proposed development.
C.Such fees shall be due and payable prior to issuance of the final residential
development approval by the city with which such fee is associated. Where a
property lien is granted, the city may allow deferral of payment until such time as
building permits are to be issued. Such fee shall be deposited in the appropriate
open space fund of the city. Should such fee not be expended within five (5) years
of receipt by the city, upon written demand to the Finance Director, the fee will be
refunded to the then owner of such residence or lot to which the fee is attributable.
Section 2. This ordinance shall take effect and be in force five (5) days after its passage and
publication of its summary as provided by law.
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B. The fee-in-lieu of dedication of open space for a single family residential development
shall be five percent (5%) of the value of the gross area of the proposed development
or multiple family residential development shall be ten percent (10%) of the value of
the gross area of the proposed development.
at is a nri navahle p rior to issuance of the final residential
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