2392•ORDINANCE NO. 2392
AN ORDINANCE AMENDING CHAPTER 17.34 OF THE MOSES LAKE MUNICIPAL
CODE ENTITLED "OPEN SPACE AND PARKS"
THE CITY COUNCIL OF THE CITY OF MOSES LAKE, WASHINGTON ORDAINS AS FOLLOWS:
Section 1. Chapter 17.34 of the Moses Lake Municipal Code entitled "Open Space and Parks" is amended
as follows:
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:
1.Environmental interpretation or other educational use or purpose.
2.Park, recreational land, or athletic fields.
3.Off-road footpaths or bicycles trails.
4.Any other use found by the city to further the purposes of this chapter.
B. Suitability: All areas dedicated as open space must be suitable for one (1) or more of the
uses described in subsection A. of this section and be of such topographic, hydrologic,
geologic, and other physical characteristics so as to be, in the view of the City Engineer and
the Parks and Recreation Director, suitable. Areas including above ground utilities and storm
water retention facilities are declared to be unsuitable, except to the extent such facilities are
available for seasonal use and the city finds that the land is otherwise qualified open space.
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
the general public.
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
Adopted by the City Council and signed by its Mayor on May 13;2-008.
Ronald C. Covey, Mayo
ATTEST:
• arnes A. hitaker, City Attorney
APPROVED AS TO FORM:
/ 4( AMOY
ORDINANCE NO. 2392
PAGE 2 May 13, 2008
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.
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.
•
Ronald R. Cone, Finance Director
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