Chapter 17.128
PARKS, RECREATION AND OPEN SPACES
Sections:
17.128.010 Purpose and applicability.
17.128.020 Adoption by reference.
17.128.030 Determination of park and open space need.
17.128.040 Park location and design standards.
17.128.050 Impact fee credits.
* Prior ordinance history: Ord. 99-004.
17.128.010 Purpose and applicability.
A. The purpose of this chapter is to assure implementation of the comprehensive parks and open space plan (“parks plan”) in new development by requiring development to dedicate and improve public parks based on the impact of their development.
B. Any residential development that meets any of the following criteria shall be subject to the provisions of this chapter:
1. Any development with a gross land area of ten acres or greater; or
2. Any development that is in excess of one mile from any existing developed park facility, and includes fifty or more single-family units, or one hundred or more multifamily units; or
3. Any development that is on a parent parcel with any dimension of one-quarter mile or greater. (Ord. 04-024 § 24 (part), 2004: Ord. 01-002 § 1 (part), 2001)
17.128.020 Adoption by reference.
The 1997 comprehensive parks and open space plan for the city of Battle Ground, as amended, is incorporated by reference. (Ord. 04-024 § 24 (part), 2004: Ord. 01-002 § 1 (part), 2001)
17.128.030 Determination of park and open space need.
The need to provide parks within new developments shall be determined in the following manner:
A. The need for a development to provide new park and open space area shall be determined by comparing the inventory of existing park land in the NPSA within which the development proposal is located to the park need identified in the parks plan.
B. If the inventory of existing park land in the NPSA within which the development proposal is located is less than the amount of needed park land identified in the park plan for that NPSA, the development shall provide parks consistent with the standards contained in BGMC 17.128.040.
C. If there are no existing parks within one-half mile of the development site, or existing parks are separated from the development site by a roadway with a major collector designation or higher, the development shall provide parks consistent with the standards contained in BGMC 17.128.040. (Ord. 04-024 § 24 (part), 2004: Ord. 01-002 § 1 (part), 2001)
17.128.040 Park location and design standards.
A. If a development proposal meets the applicability criteria of BGMC 17.128.010 and there is a need determined pursuant to BGMC 17.128.030, new development shall provide parks and open space in the following manner:
1. Size and Location. The size and location of park or open space area shall be established in such a manner as to assure the greatest level of compliance with and implementation of the parks plan, which may be accomplished in the following ways:
a. Dedication of twenty percent of the gross site area, with a minimum one acre and a maximum acreage equal to the highest amount of acreage identified in the parks plan for the NPSA within which the development is located, whichever is less; provided, that if the park requirement for the NPSA has been previously met, no additional park land dedication beyond the minimum one acre shall be required. If the dedication is smaller than the need identified in the park plan for the NPSA within which the development is located, such dedication shall be located on the perimeter of the development at a location that assures the opportunity for future dedication to or acquisition by the city of additional parks land to meet the need identified for the NPSA.
b. Establishment of a series of smaller pocket parks, natural areas, trail systems (on- or off-street) and existing park facilities that are consistent with the intent of the NPSA needs identified in the parks plan, as determined by the hearing examiner.
c. Parks provided under these provisions shall not be located on streets of a minor arterial or higher classification as provided for in Chapter 12.116 BGMC.
2. Design.
a. Parks provided pursuant to subsection (A)(1)(a) of this section shall meet the following minimum standards:
i. All parks shall be fronted by a public road for at least fifty percent of their perimeter. If it is not feasible or practical to meet this standard because of location and/or physical site constraints, a pedestrian pathway or other design element approved by the planning director or hearing examiner to assure free and open public accessibility shall be established through a dedication or perpetual easement with a minimum width of twenty feet. This pedestrian pathway connection shall be made from the public street to the park.
ii. All parks shall have at least fifty percent of their area improved with useable open space. Improvements shall include items typical to neighborhood parks including irrigated lawn area and landscaping, playfields, pedestrian paths, picnic tables and seating areas, play equipment and swings, pedestrian-scale lighting along paths and sport courts. Prior to any on-site construction, a park improvement plan consistent with the submittal requirements of Chapter 17.143 BGMC demonstrating conformity to this standard shall be submitted to the engineer for review and approval.
b. Parks provided pursuant to subsection (A)(1)(b) of this section shall meet the following minimum standards:
i. Passive open spaces, such as wetlands, stream corridors or other environmentally sensitive areas shall be combined with active open spaces, either contiguously or via pedestrian facilities, to create interconnectivity between neighborhoods and/or other park and pedestrian facilities.
ii. Upland areas shall be incorporated adjacent to wetlands or passive areas to assure active recreation opportunities such as playgrounds, fields, fitness equipment or other facilities.
iii. Trail linkages shall be provided consistent with the provisions of the park plan.
c. Parks that incorporate other required facilities such as stormwater treatment and detention ponds are encouraged. However, for such areas to be considered toward meeting the standards of this section, they shall be incorporated in design and function into the improved portions of a park.
B. Parks provided pursuant to this section need not be a single contiguous piece, provided the intent of this section and the goals of the parks plan are met with the size, design and location of the park facility.
C. Other design features in addition to or in lieu of the standards included in this section may be acceptable if determined by the director or hearing examiner to meet the intent of this section and the parks plan.
D. Where possible and feasible, passive open spaces, such as unbuildable stream corridors, wetlands or buffers, throughout residential development shall ultimately be improved with an integrated network of trails as identified in the parks plan. Such unbuildable areas shall either be dedicated to the city or encumbered with public easements for pedestrian facilities. Easements shall be composed of a twenty-foot-wide construction easement which, upon completion, will expire in lieu of trail construction and a twelve-foot-wide perpetual pedestrian easement.
E. All park improvements required pursuant to this chapter shall be constructed and either dedicated or have public access easements established prior to or concurrent with final development approval and occupancy of the development within which they are located.
F. If parks established pursuant to this chapter are to be privately owned, they shall be open to the public and the developer shall establish a mechanism to assure perpetual care and maintenance of the facility. (Ord. 04-024 § 24 (part), 2004: Ord. 01-002 § 1 (part), 2001)
17.128.050 Impact fee credits.
Park improvements and dedications made pursuant to this chapter may be eligible for park impact fee credits pursuant to the provisions of the Battle Ground park impact fee ordinance. Such calculations shall take into account retained and lost value as a result of implementing development provisions such as density transfer, planned unit development or other such opportunities. (Ord. 04-024 § 24 (part), 2004: Ord. 01-002 § 1 (part), 2001)