1981-57 Amending Chapter 16.20 of the KIB Code, Pertaining to Subdivision Design Standards, by Creating Park Dedication Requirements.i ^ l 1 1 1 7 n
KODIAK ISLAND BOROUGH
ORDINANCE NO. 81 -57 -0
AN ORDINANCE AMENDING CHAPTER 16.20 OF THE KODIAK ISLAND BOROUGH
CODE, PERTAINING TO SUBDIVISION DESIGN STANDARDS, BY CREATING PARK DEDICATION
.REQUIREMENTS.
The Kodiak Island Borough Assembly Ordains that:
iI
SECTION 1: Chapter 16.20 is hereby amended to include the addition of section
.16.20.090, entitled Park Dedication Requirement, as follows:
16.20.090 Park Dedication Requirement.
A. Purpose. It is the purpose and intent of this section to assure
that adequate amounts of land are available to the public for present and future
"recreational opportunities and needs. To accomplish this purpose the Planning
;Commission shall require the dedication of land for public purposes or a cash in
'I: lieu of payment.
�I B. Applicability. The park dedication requirement shall only apply
. ! to residential subdivisions creating four or more lots.
C. Land Dedication. If the Planning Commission requires a land
dedication, the amount of land to be dedicated shall be not less than five
(5) percent of the gross area to be subdivided. The dedication shall be
,shown on the final plat as forever dedicated and reserved for public use.
D. Cash in Lieu of Land. If the Planning Commission determines
that the proposed land dedication is undersirable because of topography, shape,
location or any other circumstance, a cash donation in lieu of the land dedi-
cation may be required. Cash in lieu of land shall be in an amount equivalent
to one (1) percent of the fair market value of the land to be subdivided as
determined by the Borough Assessor. For the purposes of this section, fair
market value is the value of the unsubdivided, unimproved land. All cash don-
ations shall be paid into the capital projects park fund of the City or the
Borough depending on the location of the proposed subdivision and only used
for park and recreation area development.
E. Location. The Planning Commission may reject a portion or all
of the area proposed for dedication if it is deemed unusable or unsatisfactory
because of drainage, topography, shape or location on the property to be sub-
divided.
SECTION 2: This Ordinance shall be in full force and effect upon passage and
adoption. 1�
\ 7 PASSED AND APPROVED THIS DAY OF , 1981.
ATTEST:
BY:
• Borough Clerk
KODIAK ISLAND BOROUGH
Borough Mayor
KoO P 7 r;
rdi ance o. 8. 7 -0
Page 2
SECOND READING AND PUBLIC HEARING DATE: - : / i
HEFFECTIVE DATE:
1 REQUESTED BY: Planning and Zoning Commission
!PREPARED BY: Planning and Community Development Department Staff
it
; RECOMMENDATION: The Planning and Zoning Commission recommends approval of this
IlOrdinance.
FIRST READING DATE: November 9. 1981