16.120.030 Dedication procedures

When the final plat or site plan is approved, the developer shall dedicate the land as previously determined by the City in conjunction with approval of the tentative plat or site plan. Dedication of land in conjunction with multi-family development shall be required prior to issuance of permits and commencement of construction.

Dedication of land or covenants approved as part of a preliminary plat or site plan approval may be given or provided when the final plat is presented for approval. The developer must clear, or fill and grade all parkland to be dedicated to the satisfaction of the City and shall cause a Level I Environmental Assessment, as referenced by Section 16.120.020 Minimum standards for park, open space, and recreation land of this Code, to be performed on all lands to be dedicated as part of the City’s construction plan approval for the plat.

   A.   In addition to a formal dedication on the plat or site plan to be recorded, the subdivider shall convey the required lands to the City by general warranty deed. The developer of a multi-family development or manufactured home park shall deed the lands required to be dedicated by a general warranty deed. In any of the above situations, the land so dedicated and deeded shall not be subject to any reservations of record, encumbrances of any kind or easement which, in the opinion of the Planning Director, will interfere with the use of the land for park, open space or recreational purposes.

      If any questions exits as the presence of any reservation, encumbrances or easements, the subdivider or developer may be required to present to the City a title insurance policy on the subject property ensuring the marketable state of the title.

   B.   Where any reservation, encumbrances or easements exist, the City shall require payment in lieu of the dedication of lands (see Section 16.120.040 Cash in lieu of dedication below) unless the City chooses to accept the land subject to encumbrances.

   C.   If the developer does not own the property held subject to the land dedication the Planning Commission may, at its discretion, approve the grant of a long-term lease of land, which will satisfy the intent of the parkland dedication provisions set forth within this Code.

   D.   Trails that are to be dedicated that are within the floodway of a 100-year floodplain shall be credited no more than 25% of land dedication requirements. Trails that are to be dedicated that are not within the floodway, but are within the 100-year floodplain, or which are part of irrigation ditches or stormwater detention areas shall be credited no more than 50% of land dedication requirement. No other land dedicated in a floodplain shall receive any credit.

16.120.040 Cash in lieu of dedication of land

In no case shall land dedication requirements be in excess of 15 percent of the gross land area of the development without the agreement of the developer. The decision of whether land is acceptable for use by the public for park and recreation purposes is to be made by the City Planning Commission based on the findings and planning set forth in the Canby Park and Recreation Master Plan and Acquisition Plan. Formal acceptance of parks and recreation lands required to be dedicated shall be by the City Council following any land use hearing and recommendation by the City Planning Commission. In all cases, except for PUD’s, actual dedication of land shall occur prior to final plat sign-off. Dedication of land in the case of a PUD shall occur, by separate instrument, prior to commencement of construction of the project.

If land proposed for dedication to the public does not meet the criteria set forth in the Canby Park and Open Space Acquisition Plan, then at the option of the city, a park system development charge shall be required. Once calculated, the dedication of land shall remain the same, and not change, unless the original plans are altered.

   A.   Procedures for Land Dedication. Development applications shall include a scaled plan which identifies the sites proposed to be dedicated as park land. Parkland and recreational sites shall be clearly and accurately depicted on the final plat map and documented in the tax lot files. All phased residential subdivisions and planned unit developments shall show any proposed parkland for dedication on the overall master plan plat for the proposed development in addition to other anticipated public facilities. Such master plan as finally approved and accepted by the Planning Commission is considered binding on all future phases. Any requests by the developer to change parkland dedication for future phases must be brought back to the Commission for approval. In case of phased development where separate plats are recorded, land dedication shall occur prior to final platting of forty percent of the gross land area.

      Tentative approval of parkland boundaries shall be made by the hearing body at the time of the public hearing on the development proposal. All sites shall be dedicated in a condition ready for full service including electrical, water, sewer and streets as is applicable to the location of the site or as necessary infrastructure and/or improvements to adjacent sites can be made at the discretion of the city. In case of phased development, sites may be improved as each phased is developed rather than at the time of original dedication. An environmental audit sufficient to meet DEQ requirements shall be required on all parkland proposed to be dedicated to the city prior to acceptance. The cost of such an audit shall be split equally between the city and the developer.

      All lands dedicated to the city for parkland and recreational space shall be conveyed to the city either by warranty deed or be depicted on the final recorded plat as so dedicated. The conveyor shall be responsible for payment of all title searches, real estate taxes, and recording fees at the time of conveyance.

   B.   Options for Meeting System Development Charge Requirements. Any land proposed or required for parkland dedication, including improvements thereon, shall be appraised at its fair market value at the time it is dedicated to the city. The cost of the appraisal shall be divided equally between the developer and the city. This value of the property shall be credited toward the system development charge calculated for the development with the difference being the cash owed the System Development Improvement Fund. In no case may the city require more land of the developer than would be required if the entire amount of the system development charge was paid in cash. Similarly, no developer may dedicate parkland above the valuation required by the system development charge so that the city would be required to refund money to the developer unless mutually agreed upon by the city and developer.

   If no parkland dedication is required or requested by the city, the full amount of the park system development charge will be assessed and is due and payable at the time the first building permit(s) is/are issued.

      a.   Cash charged in lieu of land dedication shall be based on the City’s System Development Charge for parkland, as provided by the Systems Development Charge ordinance.

      b.   Cash in lieu of parkland dedication may be paid in installments on a per building basis for multi-family development or a per lot basis for platted single family or duplex subdivisions. Payment must be made in full for each building or lot in conjunction with construction permits.

16.120.050 Review procedure

Decisions made for section 16.120.020 Minimum standards for park, open space and recreation land and Section 16.120.030 Dedication procedures shall be made by the Planning Director for Type I and Type II decisions and by the Planning Commission for Type III decisions. The applicant shall have full rights of appeal to the Planning Commission or City Council according to procedures set forth in Division VIII General Standards and Procedures.

16.120.060 Partial credit for private park, open space and recreational facilities/areas:

Where a substantial private park and recreational area is provided in a proposed residential development and such space is to be privately owned and maintained by the future residents of the development, partial credit, not to exceed 50% may be given against the dedication if the Planning Commission finds that it is in the public interest to do so and that all the following standards are met:

   1.   That yards, court areas, and setbacks required to be maintained by the zoning and building ordinances and regulations shall not be included in the computation of such private parkland.

   2.   That the private ownership and maintenance of the parkland is adequately provided for by recorded written agreement, conveyance or restrictions.

   3.   That the use of the private parkland is restricted for park and recreational purposes by recorded covenant, which runs with the land in favor of the future owners of property and which cannot be defeated or eliminated without the consent of the City or its successor.

   4.   That the proposed private parkland is reasonably adaptable for use for park and recreational purposes, taking into consideration such factors as size, shape, topography, geology, access and location.

   5.   That facilities proposed for the parkland are in substantial accordance with the provision of the Canby Park and Recreation Master Plan and Canby Park and Open Space Acquisition Plan and,

   6.   That the parkland for which credit is given is a minimum of two acres and provides a minimum of three of the basic local park elements listed below, or a combination of such and other recreational improvements that will meet the specific recreation park needs of the future residents of the area:

CRITERIA LIST                                ACRES

Children’s play apparatus area            .50 – .75

Landscaped park-like and quiet areas            .50 - 1.00

Family picnic area                  .25 - .75

Game court area                  .25 - .50

Turf play field                     1.00 - 3.00

Recreation center building               .15 - .25

Swimming pool (42’ x 75’) w/adjacent deck and lawn area    .25 -.50

Recreation and community gardening         .15 - .25

   Before credit is given, the Planning Commission shall make written findings that the above standards are met.

16.120.070 Minimum standards for open space

   A.   Purpose: Areas unsuitable or undesirable for development, including, but not limited to, areas containing drainageways, floodplains, identified steep slopes, significant natural features or other environmentally sensitive land may be set aside as permanent open space. No more than 25% of the required parkland dedication shall be within an identified flood plain or on an identified steep slope. The following procedures shall apply:

      1.   The types of open space which may be provided, together with maintenance required for each type, are as follows:

           a.   Natural Areas are areas of undisturbed vegetation, steep slopes, wetlands, wildlife habitat areas or areas replanted with native vegetation after construction. Maintenance is limited to removal of litter, dead tree and plant material and brush. Natural water courses are to be maintained as free flowing and devoid of debris. Stream channels shall be maintained so as not to alter flood plain levels.

           b.   Agricultural Uses. No specific maintenance is required.

           c.   Garden plots are the division of open space into plots for cultivation as gardens by residents. Maintenance may be limited to weeding.

           d.   Greenways are linear green belts linking residential areas with other open space areas. These greenways may contain bicycle paths or footpaths. Connecting greenways between residences and recreational areas is encouraged. Maintenance is limited to a minimum removal of litter dead brush and avoidance of hazards, nuisances or unhealthy conditions.

           e.   Lawns and landscaped areas consisting of grass with or without trees. Maintenance is limited to mowing, removal of litter, dead plant material, and necessary pruning.

      2.   An open space plan shall be submitted as part of the application for a tentative plat or site plan. This plan will designate the boundaries of all required open space areas as specified in the Canby Parks Acquisition Plan. The open space plan must:

           a.   Designate areas to be reserved as open space.

           b.   Specify the manner in which the open space shall be perpetuated, maintained, and administered (see Section 16.120.090 Preservation and maintenance below).

      3.   Dedication of open space may occur concurrently with development of the project. At the discretion of the City, for development which will be phased, the open space may be set aside in totality and/or developed in conjunction with the first phases of the development or incrementally set aside and developed in proportion to the development occurring in each phase.

      4.   Open space must be residentially zoned and must be located adjacent to the primary site.