17.10.010 Open space.
A. Purpose. To preserve the character of the city and to conserve natural resources by encouraging development that incorporates open space and the natural features of the land into neighborhood design, and by allowing density distribution within the development project so that there is no penalty for creative design.
B. Open Space Standard. Designated locally significant wetland and riparian areas and a 50-foot “safe harbor” setback from these areas shall be maintained as permanent open space, pursuant to Chapter 18.85 TMC. Additional open space may also be required by the city or dedicated by the developer of a subdivision or planned unit development (PUD), in conformance with the comprehensive plan and the provisions of TMC 17.10.020(D). The open space shall be shown on the preliminary plat (for a subdivision) or the conceptual and detailed development plans (for a PUD), and recorded with the final plat or separate instrument in accordance with one of the following methods:
1. By dedication to the city as publicly owned open space. Open space proposed for dedication to the city must be acceptable to the city council with regard to the size, shape, location, improvement, environmental condition (i.e., the applicant may be required to provide a level-one environmental assessment), and budgetary and maintenance terms; or
2. As private open space, by leasing or conveying title (including beneficial ownership) to a corporation, homeowners association or other legal entity, with the city retaining the development rights to the property. The terms of such lease or other instrument of conveyance must include provisions (e.g., maintenance, property tax payment, etc.) acceptable to the city, and shall establish that the subject property may not be developed for any purpose other than that specified in the approved plan. (Note: This section is intended to ensure that open space is used for open space or recreational purposes only.)
C. Uses of Required Open Space. Subject to review and approval by the city council, an open space dedication may be used to comply with the city’s wetland and riparian protection codes and ordinances (Chapters 15.15 and 18.85 TMC) and/or mitigate parks and recreation impacts related to the subject development.
D. Open Space for Public Park Use. If determined by the planning commission to be in the public interest in accordance with the adopted comprehensive plan, the city may require the dedication or reservation of areas within the subdivision of a character, extent and location suitable for the development of parks and other public uses.
E. Additional Open Space. If the developer is required to reserve additional land area in excess of conservation areas prescribed in subsections (B) through (D) of this section, for a park, playground, or other public use, the land shall be acquired by the appropriate public agency within 24 months following final plat approval, at a price agreed upon prior to approval of the plat, or the reservation shall be released to the property owner.
(Note: When the developer is required to reserve additional land area in excess of conservation areas, Dolan v. City of Tigard findings should be in the staff report and decision to justify the exaction.)
F. System Development Charge Credit. Dedication of land to the city for public use areas shall be eligible as a credit toward any required system development charge for parks. [Ord. 818 § 2 (Exh. A (§ 8-2.210)); Ord. 692 § 2.]