§ 25-1-604. PRIVATE PARKLAND.

(A)

The director may allow up to a 100 percent credit toward fulfilling the requirements of:

(1)

Section 25-1-602 ( Dedication of Parkland ) for privately owned and maintained parkland or recreational easements that are available for use by the public and meet the standards of the Parkland Dedication Operating Procedures; and

(2)

Section 25-1-606 ( Parkland Development Fee ) for recreational facilities that are located on privately owned and maintained parkland and available for use by the public.

(B)

The director may allow up to a 100 percent credit toward fulfilling the requirements of this article for private parkland in a subdivision or site plan located outside the city limits, if:

(1)

the director determines that the private parkland meets City parkland standards; and

(2)

the land owner agrees to dedicate the private parkland to the City when the City annexes the land for all purposes.

(C)

If private parkland will include construction of recreational amenities, the applicant must post fiscal surety in an amount equal to the fee in-lieu provided for under Section 25-1-605 ( Fee In-Lieu of Parkland Dedication ) and the development fee required under Section 25-1-606 ( Parkland Development Fee ). The fiscal surety must be posted:

(1)

before final plat approval; or

(2)

before site plan release, for any portion of the subdivision that will require a site plan.

(D)

Yards, setback areas, and private personal open spaces required by this title may not be counted as private parkland under this section, except for a required setback or yard that includes a public trail.

(E)

If private parkland is allowed, a recreation easement must be recorded prior to site plan or subdivision approval.

Source: Ord. No. 20160128-086, Pt. 2, 2-8-16 .