09-24-08 Council Agenda - Laserfiche WebLink

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1007.070. Where private open space for park and recreation purposes is provided in a proposed subdivision and such space is to be privately owned and maintained by the future residents of the subdivision, such areas may be used for .credit at the discretion of the City Council against the requirement of dedication for park and recreation purposes, provided the'City Council finds it is in the public interest to do so and that the following standards are met: A: That yards; court areas,`setbacks'and other open space required to be maintained by the zoning and"building regulations shall not be' included'in the computation of such private open space; and B: Thatthe private ownership and:maintenance of the open space'is adequately provided for bywritten agreement; and - C. That the private open space is restricted for park and recreational. purposes by recorded covenants which run with the land in favor of the future owners of property within the tract and which cannot be eliminated without the consent of the'City Council; and D: That the proposed private open`'space is''reasonably adaptable for use for park and recreationaP purposes, aking into consideration such factors assize, shape, topography, hydrological;: geology, access and location of the private open space land; and E That facilities proposed for he open space are 'in substantial accordance with the provisions of recreational element of the Comprehensive Plan,'and are approved by the City Council; and F. That where such credit is granted, the amount of credit shall not exceed twenty-five (25) percent of the park land'dedication requirements for the development. 1007.080,. The City shall maintain a separate fund into which all cash contributions received from owners or developers in lieu of conveyance or dedication of land for park or playground, :public open space or trail purposes shall be deposited and shall make, from time to time, appropriations from `such fund for acquisition of land for :park and playground purposes, for developing existing park and playground sites; .for public :open space and trails, or for debt retirement`in connection with land previously acquired for parks and playgrounds, which will benefit the residents'of the City. 1007.090. ` Time of Payment or'Contribution: The scheduling of dedication and/or cash payments'shall be established`in a development agreement between the City and subdivider. 'Y007.100. ' Amount to be Dedicated: For all development or subdivision, the amount of land or money 'that shall'be dedicated or paid for public parks shall be`determined as provided ,in Little Canada Ordinance No: 161 as may be amended. Little Canada Subdivision Ordinance Park Land Dedication 1007-2 27