The purpose of this subchapter is to provide guidance regarding the dedication of facilities to the City.
(Ord. 591 § 2 (Exh. B), 2010)
A.
Dedication shall occur at the time of recording for subdivisions, and prior to permit issuance for development projects.
B.
Dedications may be required in the following situations:
1.
When it can be demonstrated that the dedications of land or easements within the proposed development or plat are necessary as a direct result of the proposed development or plat to which the dedication of land or easement is to apply;
2.
To accommodate motorized and nonmotorized transportation, landscaping, utilities, surface water drainage, street lighting, traffic control devices, and buffer requirements as required in Subchapter 4, Required Improvements, and Subchapter 5, Utility Standards;
3.
Prior to the acceptance of a private street, private stormwater drainage system or other facility for maintenance;
4.
When the development project abuts an existing substandard public street and additional right-of-way is necessary to incorporate future frontage improvements as set forth in the Transportation Master Plan and the Engineering Development Guide for public safety; or
5.
Right-of-way is needed for the extension of existing public street improvements necessary for public safety.
C.
The City may accept dedication and assume maintenance responsibility of a private street only if the following conditions are met:
1.
All necessary upgrades to the street to meet City standards have been completed;
2.
All necessary easements and dedications entitling the City to properly maintain the street have been conveyed to and accepted by the City;
3.
The Director has determined that maintenance of the facility will contribute to protecting or improving the health, safety, and welfare of the community served by the private road.
(Ord. 591 § 2 (Exh. B), 2010; Ord. 615 § 4, 2011)
Repealed by Ord. 615.
(Ord. 591 § 2 (Exh. B), 2010)
A.
The City is responsible for the maintenance, including performance and operation, of drainage facilities which the City has accepted for maintenance. The City may require the dedication of these facilities.
B.
The City may assume maintenance of privately maintained drainage facilities only if the following conditions have been met:
1.
All necessary upgrades to the facilities to meet current City standards have been completed;
2.
All necessary easements or dedications entitling the City to properly maintain the drainage facility have been conveyed to the City;
3.
The Director has determined that the facility is in the dedicated public road right-of-way or that maintenance of the facility will contribute to protecting or improving the health, safety and welfare of the community based upon review of the existence of or potential for:
4.
The City has accepted maintenance responsibility in writing.
C.
The Director may terminate the assumption of maintenance responsibilities in writing after determining that continued maintenance will not significantly contribute to protecting or improving the health, safety and welfare of the community based upon review of the existence of or potential for:
D.
A drainage facility which does not meet the criteria of this section shall remain the responsibility of the persons holding title to the property for which the facility was required.
(Ord. 591 § 2 (Exh. B), 2010)
A.
The City may accept dedications of open space and critical areas which have been identified and are required to be protected as a condition of development. Dedication of such areas to the City will be considered when:
1.
The dedicated area would contribute to the City’s overall open space and greenway system;
2.
The dedicated area would provide recreation opportunities and nonmotorized linkages;
3.
The dedicated area would preserve and protect ecologically sensitive natural areas, wild-life habitat and wildlife corridors;
4.
The dedicated area is of low hazard/liability potential; and
5.
The dedicated area can be adequately managed and maintained.
(Ord. 591 § 2 (Exh. B), 2010)
The purpose of this section is to address easements and tracts when facilities on private property will be used by more than one lot or by the public in addition to the property owner(s).
A.
Easements.
1.
Easements may be used for facilities used by a limited number of parties. Examples of situations where easements may be used include, but are not limited to:
a.
Access for ingress and egress or utilities to neighboring property;
b.
Design features of a street necessitate the granting of slope, wall, or drainage easements; or
c.
Nonmotorized easements required to provide pedestrian circulation between neighborhoods, schools, shopping centers and other activity centers even if the facility is not specifically shown on the City’s adopted nonmotorized circulation plan maps.
2.
Easements granted for public use shall be designated “City of Shoreline Public Easement.” All easements shall specify the maintenance responsibility in the recording documents.
B.
Tracts.
1.
Tracts should be used for facilities that are used by a broader group of individuals, may have some degree of access by the general public, and typically require regular maintenance activities. Examples of facilities that may be located in tracts include private streets, drainage facilities serving more than one lot, or critical areas.
2.
Tracts are not subject to minimum lot size specifications for the zone, although they must be large enough to accommodate the facilities located within them.
3.
Tracts created under the provisions of this subchapter shall not be considered a lot of record unless all zoning, dimensional, and use provisions of this code can be met.
(Ord. 591 § 2 (Exh. B), 2010)