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0374 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 Ordinance - Page 1 dsc chbbck02.181 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: Ordinance - Page 2 dsc chbbck02.181 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. Ordinance - Page 3 dsc chbbck02.181 PASSED BY THE COUNCIL AND APPROVED BY THE MAYOR OF THE CITY , day of~ay, 1992. A ~ ATTEST: CITY CLERK Ordinance - Page 4 dsc chbbck02.181 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 dsc chbbck05.271