(A) Where private open space area is developed for active recreational facilities in a proposed development, the value of such open space may be partially credited against the parkland dedication/fee requirement established in § 154.002 as provided in this section.
(B) The final decision making authority on the residential development shall determine at the time the residential development is approved or conditionally approved whether it is in the public interest to credit up to 50% of the value of such private open space against the dedication/fee otherwise due. The decision shall take into consideration factors such as the size, shape, topography, geology, access, and location of such private open space area within the development.
(C) Any yard areas, setback areas or other open space areas required to be maintained by any zoning or building requirement shall not be considered as credit against the parkland dedication/fee requirement.
(D) To qualify for any credit under this section, the private ownership and maintenance of the private open space area as active recreational facilities must be adequately provided for by written agreement and the use of such area restricted by recorded covenants which run with the land and which cannot be defeated or eliminated without the consent of the city.
(Ord. 1242, passed 9-15-04)