Where the land dedicated as open space is included within a development for which site plan review is required, then the dedication shall be approved or rejected in the course of the site plan review. Where the land dedicated as open space is included within a development for which a plat is required, then the dedication shall be approved, accepted or rejected in the course of the review of the plat application. Where an open space dedication is accepted for a subdivision for which a plat is required, then the approved land shall be surveyed and precisely shown on the final plat.

(Ord. 11398 § 3 (part), 1997: Ord. 8034 § 17 (part), 1985)

1.

Open space may be implemented by grant of restrictive covenant to owners within the plat or site plan, or to a property owner's association, or by any other mechanism authorized by law.

2.

The county may choose to accept dedication, maintenance and operation responsibilities when the area to be dedicated is either one or a combination of the following:

a.

Greater than ten acres;

b.

Adjacent to an established or future county park or school grounds;

c.

Is an access to a body of water greater than three acres in size;

d.

Is an environmentally sensitive area;

e.

If the county feels it is in the public interest to accept dedications.

3.

The dedication shall be identified on the site plan.

(Ord. 11398 § 3 (part), 1997: Ord. 8034 § 17 (part), 1985)

1.

The required minimum open space dedication shall not include lands reserved for street rights-of-way, tidelands or lands covered by buildings, structures or impervious materials, except as would be permitted pursuant to Section 20.32.040. This title does not require the installation of recreational facilities. Land proposed for open space dedication shall meet the following additional criteria:

a.

Location.

i.

The area proposed for dedication may be within or outside the subject development, but if outside the subdivision must be within reasonable walking distance (e.g., one-quarter mile) to dwelling units in the development.

ii.

At least fifty percent of designated open space shall be contiguous. Where practical, the proposed dedicated property shall be located adjacent to other established or planned park, open space, critical area buffers, or recreational areas in adjacent parcels or developments, schools, or public parks; provided, that such dedication would increase the overall benefit to the residents of the subject development and conform to other criteria in this section.

iii.

Open space should be designated to minimize conflicts with existing and planned utilities and road rights-of-way.

iv.

Open space should be designated in an area downslope from proposed development to the maximum extent feasible.

b.

Access.

i.

All residences within the subject development must have legal access to the proposed area for dedication at the time of site plan approval. Private or access roads, trees or other landscaping may separate the area proposed for dedication. However, access should not be blocked by major obstacles such as arterials or collectors.

ii.

Areas dedicated for active recreational open space shall have reasonable access from street frontage. Design measures should accomplish the purposes of access and security.

2.

Open Space Uses. At least thirty percent of land dedicated for open space shall be maintained in a natural condition. The remaining designated open space may be used for any of the following permitted uses, as allowed by the underlying zoning district:

a.

Greenbelts that serve as a buffer between land uses, using existing vegetation, or an aesthetic amenity such as boulevard trees;

b.

Active or passive recreational activities;

c.

Protection of critical areas and their required buffers or other environmentally sensitive areas;

d.

Agriculture, including forest practices;

e.

Landscaping requirements as specified in TCC 20.45 (Landscaping and Screening);

f.

Stormwater facilities in accordance with TCC 15.05 (Thurston County Drainage Design and Erosion Control Manual);

g.

Tree tracts in compliance with TCC 17.25 (Forest Lands Conversion).

3.

Recreation.

a.

This subsection applies to development located wholly or in part in the following county zoning classifications: RL 2/1, R 3-6/1, R 4-16/1.

b.

Except as provided in subsection (2)(b)(iii) or (iv) below, thirty percent of the dedicated open space area shall be suitable for active recreation. The topography, soils, hydrology, and other physical characteristics of the area proposed for active recreation shall be of such quality as to provide a dry obstacle-free space in a configuration which is suitable for active recreation.

c.

The percentage of active recreational areas may be increased to as high as fifty percent if it is determined that anticipated recreational needs will require a larger percentage. In increasing this percentage, the following standard should be used: the ratio of one acre of active recreational open space to one hundred twenty-five residential lots.

d.

The percentage of active recreational area may be decreased to as low as zero if it is determined that: (A) inclusion of buffers or environmentally sensitive lands such as wetlands would better meet the open space needs of the residents of the subdivision; or (B) meeting the standard would require substantial grading or other disturbance of the natural setting.

4.

Proposed open space areas which do not meet the size or other criteria of this section may be considered under Section 20.32.060, Equivalent facilities.

(Ord. 11398 § 3 (part), 1997: Ord. 8034 § 17 (part), 1985)

(Ord. No. 15355, 1(Att. A, § NN), 10-18-2016)

The owners of open space land shall have the following rights which may be exercised in respect of such land, subject to restrictive covenants or other restrictions:

1.

The right to locate recreational facilities, such as tennis courts, swimming pools, picnic tables and fireplaces accessory to picnic tables designed to be used exclusively for the use of residents of the development and their guests;

2.

The right to locate pedestrian paths, bicycle paths and bridle paths;

3.

The right to cover up to but not exceeding ten percent of the land with impervious surfaces reasonably necessary to exercise the rights provided in subsections (1) and (2) of this section;

4.

The right to take whatever measures are reasonably necessary to protect and maintain such land, or land or property adjacent thereto, or to correct a hazardous condition posing a threat to life or limb;

5.

The right to conduct agricultural activities, including the selective harvesting of mature trees;

6.

The right to regulate access to or entry on the open space land and duty to maintain such land.

(Ord. 11398 § 3 (part), 1997: Ord. 8034 § 17 (part), 1985)

(Ord. No. 15355, 1(Att. A, § OO), 10-18-2016)

The following improvements to the area proposed for dedication may be required prior to final approval of the site plan in order to ensure a safe, clean site. However, substantial altering of the natural setting is discouraged.

1.

Removal of construction debris and hazards;

2.

Rough grading and establishment of grass cover over those portions of the site suitable for active recreation.

(Ord. 11398 § 3 (part), 1997: Ord. 8034 § 17 (part), 1985)

When areas proposed for dedication do not meet the criteria for dedication in Section 20.32.030, such land may be improved by grading, filling, landscaping, or with installation of recreation equipment so as to be equivalent in result to the intent of this chapter. Determination of equivalency shall be made by the department according to the following guidelines:

1.

The proposed land and improvements must create recreational opportunities generally equivalent to or greater than the land required for the residents within the development.

2.

The proposed land and improvements must not result in significant disturbance or alteration of an environmentally sensitive area, unless otherwise allowed by Thurston County.

3.

The proposed land and improvements shall be dedicated in accordance with Section 20.32.020.

(Ord. 11398 § 3 (part), 1997: Ord. 8034 § 17 (part), 1985)

(Ord. No. 14773, § 10(Att. I), 7-24-2012)

Stormwater flow control and treatment facilities may be allowed as open space subject to the provisions of this chapter and the criteria contained in Section 20.32.070 TCC. In the event of a stormwater system failure subsequent to final plat approval, the department may authorize, with the consent of the affected property owner(s) and consistent with Section 18.04.060, necessary stormwater facilities in designed open space. Also, the department may authorize new or expanded stormwater facilities in open space tracts to accommodate stormwater generated by a federal, state or county project if there is no other reasonable alternative.

The design of such facilities shall minimize adverse impacts on the function (e.g., tree preservation, play area) and quality of the open space. If the pond must have steep side slopes (greater than 3H:1V) to provide needed capacity, thorny vegetation or fencing shall be used to restrict access (per Thurston County Drainage Design and Erosion Control Manual, Volume V, Appendix V-E, Site Design Elements). Thorny or other impenetrable vegetation shall be at least a ten-foot wide strip that will provide a barrier to entry of small children or others who may be incapable of climbing out of the facility. Vegetation type must be approved by the jurisdiction and must be in place within one growing season of facility excavation.

Thorny or other impenetrable vegetation is preferred, rather than fencing unless the approval authority determines that it would not adequately protect public safety.

Prior to authorizing use of established open space to accommodate stormwater facilities in a manner that would significantly diminish its function or aesthetic quality, all viable alternatives must be explored and be found to be impractical or cost prohibitive (taking into account initial construction cost and long term maintenance cost). Prior to authorizing use of such open space, the approval authority must determine that, overall, the use of the open space to accommodate stormwater facilities is beneficial to the affected neighborhood or the general public. Not more than twenty-five percent of designated open space outside of critical area buffers may be used for stormwater facilities, except that areas used for dispersion will not count toward the twenty-five percent limit.

The approval authority may allow the following types of stormwater facilities, if designed to allow for either passive or active recreation, to be considered for open space use:

• Bioretention facilities and rain gardens

• Constructed treatment wetlands

• Wetponds

• Sheet flow and concentrated flow dispersion areas

• Retention ponds

• Detention ponds

• Bioswales and filter strips

Active recreation design of stormwater facilities includes facilities that are designed to provide play areas (including, but not limited to, a soccer field, volley ball court) that are usable during portions of the year.

Passive recreation design of stormwater facilities includes facilities, where wildlife habitat has been planned (e.g., nesting areas provided) or water features provided and reasonable passive viewing facilities are provided (e.g., trails, picnic facilities).

(Ord. 11398 § 3 (part), 1997: Ord. 9859 § 12, 1991: Ord. 8034 § 17 (part), 1985)

(Ord. No. 15355, 1(Att. A, § PP), 10-18-2016)