17.95.460 Open space and common public space.
At least 10 percent of the gross land area of a planned residential development shall be dedicated as common public space other than required public improvements or private streets, stormwater conveyances, landscape strips, or critical areas or their buffers, by deeding to the city of Stanwood; shall be reserved by a covenant in favor of the government, or by a grant of a permanent easement. Such lands shall be set aside in perpetuity for the use of residents of the development, or shall be deeded to a homeowners’ association by written instrument. If a conveyance to a homeowners’ association is the instrument selected, the landowners shall so organize said conveyance that it may not be dissolved, nor dispose of the open space by sale or other means (except to an organization conceived and established to own and maintain it).
(1) All streams, wetlands, geologically sensitive areas, and any associated buffers shall be preserved as open space, and reserved in separate tracts (Native Growth Protection Areas), as provided by the city’s sensitive area ordinances. Such land may not be counted toward meeting the 10 percent common public space requirement stipulated in this section.
(2) Any area to be dedicated for common public space shall be so located and of such a shape as to be acceptable to the planning director. In determining the acceptability of proposed common space, the planning director shall consider future city needs and may require a portion of the common space to be designated as the site of a potential future public use; provided, however, that not more than 25 percent of the gross area shall be taken for public buildings. In the event that it is deemed necessary to set aside any portion of the site for public buildings, an agreement shall be entered into between the applicant and the city of Stanwood. This shall apply to the need for land for any public purpose except for public recreation. No occupancy permit shall be granted until the negotiations for the land have been completed to the satisfaction of the applicant and the city.
(3) All common public space area shall be graded and seeded or paved by the developer during the course of construction, unless the planning director approves or directs the maintaining of all or a portion of such open space in its natural state or with minor, specified improvements. Required or proposed improvements shall either be provided during construction or bonded for prior to final plat approval.
(4) All off-street parking areas shall be transferred to the ownership of a homeowners’ association for maintenance and repairs. Wherever median grass strips or other landscaped areas are proposed that will be visible to the general public within the development, covenants and/or agreements shall provide for the maintenance of such areas by the homeowners’ association.
(5) No single area of less than one acre in size shall be dedicated as common public space, unless, due to special conditions that are peculiar to the particular parcel of land or to the public purpose for which the land is to be used, dedication of a smaller area is authorized by the planning director.
(6) Common public space areas may be used as park, playground, or recreation areas, including swimming pools, equestrian, pedestrian, and/or bicycle trails, tennis courts, shuffleboard courts, basketball courts, and similar facilities; woodland conservation areas; or any similar use of benefit to the residents of the development if in the ownership of a homeowners’ association or the city, or if dedicated to and accepted by the appropriate department of the city, and deemed appropriate by the planning director.
(7) At a minimum, common public space shall contain a minimum of one park bench, one garbage container, and five trees for every 20,000 square feet of common space or portion thereof. Existing trees are encouraged to be retained when addressing this requirement.
(8) Each lot shall be located within a 1,200-foot walking distance of common public space and shall be provided access to the common public space via pedestrian walkways, paths, or sidewalks. (Ord. 1164 § 4, 2004; Ord. 1110 § 3, 2002; Ord. 929 Ch. 10(A)(8)(h), 1995).