Where private park areas for active recreational purposes are proposed within a subdivision to be privately-owned and -maintained, the subdivider may receive up to a 50% credit against the requirement of land dedication or payment of in-lieu fees as follows:
(A) Yards, court areas, setbacks, and other open space areas required by the Community Development Department shall not be included in the computation of such private open space.
(B) Use of the private park or recreational area is restricted for park and recreation purposes by recorded covenants which run with the land in favor of the future owners of the property which cannot be eliminated without the consent of the city and which are submitted to the city prior to the approval of the final map.
(C) The private park or recreation area is reasonably adaptable for use for park and recreation purposes, taking into consideration such factors as size, shape, topography, geology, access, and location.
(D) The private park and recreation facilities shall be owned by the developer or a homeowners association composed of all property owners in the subdivision and incorporated as a nonprofit mutual benefit organization, operated under recorded land agreements through which each lot owner, renter, or lessee is automatically a member, and each lot is subject to a charge for a proportionate share of expenses for maintaining the facilities.
(E) Active recreational purposes shall mean, for purposes of this section:
(1) Park areas for active recreational pursuits, such as sports fields, court games, swimming pools, children’s play areas, picnic areas, and open lawn areas having a maximum 10% slope.
(2) Recreational buildings and facilities designed for the recreational needs of the residents within the development.
(F) Active recreational uses do not include natural open space, nature study areas, open space or buffer areas, steep slopes, riding and hiking trails, scenic overlooks, water courses, drainage areas, or water bodies.
(Ord. 2019-286, passed 11-20-2019; Am. Ord. 2019-291, passed 12-18-2019)