HomeMy WebLinkAbout0374 Park Land 1992CITY OF CHUBBUCK, IDAHO
ORDINANCE NO. 374
AN ORDINANCE OF THE CITY OF CHUBBUCK, IDAHO, AMENDING
CHAPTER 17.16 OF THE CHUBBUCK MUNICIPAL CODE TO REQUIRE PARK
LAND DEDICATION OR CONTRIBUTION IN LIEU OF DEDICATION TO
INCLUDE LAND, TURF, SPRINKLER SYSTEM AND AN EXTERIOR FENCE
OF SIX FOOT CHAIN LINK AND CHAIN AND POST AROUND THE
EXTERIOR OF THE PARK IN A CONFIGURATION TO BE APPROVED BY
THE CITY BUILDING DEPARTMENT; REPEALING PRIOR CONFLICTING
ORDINANCES; PROVIDING FOR THE SEVERABILITY OF THE PROVISIONS
OF THIS ORDINANCE; PROVIDING THAT ALL OTHER SECTIONS AND
PROVISIONS OF CHAPTER 17.16 NOT HEREIN AMENDED SHALL REMAIN
IN FULL FORCE AND EFFECT; AND PROVIDING WHEN THIS ORDINANCE
SHALL BECOME EFFECTIVE.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF
CHUBBUCK, IDAHO:
Section 1. Amend part of Chapter 17.16. Chapter 17.16 of
the Chubbuck Municipal Code shall be amended as follows:
17.16.100 Required. As a condition of approval of any
development required to be platted under the provisions of
this title, which includes residential structures, each
developer will be required to dedicate land for park and
recreational purposes to serve the immediate and future
needs of the residents of the development, or make a
contribution in lieu of actual land dedication, or a
combination of both, at the option of the city, in
accordance with the criteria and formula set forth in
Sections 17.16.110 through 17.16.220. The dedication or
contribution in lieu of dedication shall include the land,
curb, gutter and sidewalk along any street frontage, turf,
underground automatic sprinkler irrigation system, and an
exterior fence of six foot chain link and chain and post
around the exterior of the park in a configuration to be
approved by the City Building Department. Generally, chain
and post will be required along the street frontage.
17.16.110 Requirement and population ratio. The
ultimate density of a proposed development shall bear
directly upon the amount of land required for dedication.
The total requirement shall be five acres of land per one
thousand of ultimate population in accordance with the
following classifications:
Types of
Recreation Area
Size Range
Minimum Acres
Per 1,000 People
A. Play Lot 0.2--2.0 acres 1.0
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B. Neighborhood Park 2.0--10.0 acres
2.0
Community-Wide
Recreation Park
over 10.0 acres
2.0
TOTAL
5.0 acres
of land per 1,000 people
In addition to the land, developer shall install curb,
gutter and sidewalk along street frontage, turf, underqround
automatic sprinkler irrigation system, and an exterior fence
of six foot chain link and chain and post around the
exterior of the park in a configuration to be approved by
the City Building Department.
17.16.140 Criteria for requiring a contribution in
lieu of park and recreation sites. Where the development is
small and resulting park and recreational site is too small
to be practical, or when the available land is otherwise
inappropriate for a park and recreational site, the
developer shall pay the city a cash contribution in lieu of
the land dedication and improvements required. The cash
contribution in lieu of park and recreation land dedication
shall be held in trust by the city, or other public body
designated by the city, solely for the acquisition of park
and recreation land as classified in Section 17.16.110,
which will be available to serve the immediate or future
needs of the residents of the development or for the
improvement of other existing local park and recreation land
which already serves such needs. T~ ....... ~.A_ of ~ cash
17.16.150 Fair market value. The cash contributions
in lieu of land shall be based on the "fair market value" of
the land, that otherwise would have been dedicated, plus the
value of improvements that would be required under ~cc~ion
I?.I~.130 if such dedication occurred. The developer shall
submit an appraisal showing the "fair market value" of such
land and improvements in the area of his development, or
other evidence thereof; and final determination of said
"fair market value" shall be made by the city council based
upon such information submitted by the developer and from
other sources which may be submitted to the city council.
"Fair market value" shall reflect land in a developed,
subdivided condition as opposed to undeveloped or
agricultural land.
17.16.160 Criteria for combininq dedication and
contribution. There will be situations in developments when
a land dedication and a contribution in lieu of land are
both necessary. These occasions will arise when:
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A. The land to be developed contains only a
portion of the proposed park and recreation site
contemplated in the city's comprehensive park and
recreation plan. That portion of the land, plus the
required improvements, within the development falling
within the park and recreation site shall be dedicated
and a contribution shall be required for any additional
land and improvements that would have been required to
be dedicated in order to comply with the population
ratio specified above.
B. A major part of the proposed park and
recreation site has already been acquired and only a
small portion of land is needed from the development to
complete the site. A contribution shall be made in
lieu of any additional land and improvements that would
otherwise have been required to be dedicated to comply
with the population ratio.
ADMINISTRATIVE PROVISIONS
Section 1. Repeal of Conflicting Ordinances. The
provisions of any Ordinance of the City of Chubbuck, Idaho, and
any provision of the Chubbuck Municipal Code which are in
conflict with the provisions of this Ordinance are hereby
repealed to the extent of such conflict. Ail other sections and
provisions of Chapter 17.16 not herein amended shall remain in
full force and effect.
Section 2. Severability. If any provision of this
ordinance is held invalid, for any reason, by any court of
competent jurisdiction, such holding shall not affect the
validity or enforceability of any of the remaining provisions.
Section 3. Effective Date. The rule requiring an ordinance
to be read on three separate days, one of which shall be a
reading in full, is hereby dispensed with, and this Ordinance
shall become effective upon its passage, approval and publication
as provided by law.
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PASSED BY THE COUNCIL AND APPROVED BY THE MAYOR OF THE CITY
, day of~ay, 1992. A ~
ATTEST:
CITY CLERK
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SUMMARY OF ORDINANCE 374
An ordinance of the City of Chubbuck, a municipal
corporation of the State of Idaho, amending Chapter 17.16 of the
Chubbuck Municipal Code to require park land dedication or
contributions in lieu of dedication of park land to include not
only land, but also to include curb, gutter and sidewalk along
any street frontage, turf, underground automatic sprinkler
irrigation system and exterior fence around the park of either
six foot chain link or chain and post in a configuration to be
approved by the City Building Department.
Any contribution in lieu of park land dedication shall
reflect values for these improvements.
Additionally, the ordinance was amended to require that the
fair market value for land made on calculations of cash
contributions in lieu of dedication shall reflect land in a
developed, subdivided state as opposed to undeveloped or
agriculture land.
The full text of this ordinance is available at the Chubbuck
City Clerk's office, 5160 Yellowstone, Chubbuck, Idaho.
I have reviewed the foregoing summary and believe that it
provides a true and complete summary of Ordinance No. 374 and
that the summary provides adequate notice to the public of the
contents of this ordinance.
DATED this '?'~ day of May, 1992. ...... ~
Thoma J. Hl~s/~Chubbuck
city Attorney C
SUMMARY OF ORDINANCE NO. 374 - Page 1
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