Division 3 — CREDIT; EXEMPTIONS

The value of park and recreation improvements provided by a subdivider to the dedicated land shall be credited against the fees or dedication of land required by this section. The Town reserves the right to approve such improvements before agreeing to accept the dedication of land and to require in lieu fee payments should the land and improvements be unacceptable.

(Ord. #69-85, §8-6220)

32-83.21 Credit for Private Open Space.

Where private open space or recreational facilities within the development, usable for active recreational uses, is provided and such area is to be privately owned and maintained by the future owner(s) of the development, the Town may give partial credit, not to exceed fifty (50%) percent against the requirement of land dedication or payment of fees. An application for partial credit should be made to the Town at the time the tentative map is submitted for official review so that dedication requirements can be determined as soon as possible. (Ord. #69-85, §8-6221)

The standards for partial credit are that:

a. Yards, court areas, setbacks, and areas required by the zoning and building ordinances and regulations or in conjunction with Planned Unit Developments shall not be included in the computation private open space;

b. The private ownership and maintenance of the area is adequately provided for by recorded written agreement, covenants or restrictions;

c. Use of the private open space is restricted for park and recreation purposes by recorded covenant which runs with the land in favor of the future owners of the property and which cannot be eliminated without the consent of the Town;

d. The proposed private open space is reasonably adaptable for use for park and recreation purposes, taking into consideration such factors as size, shape, topography, geology, access, and location;

e. Facilities proposed for the open space are in substantial accordance with the provisions of the recreation element of the General Plan; and

f. The open space for which credit is given is a minimum of one (1) acre and provides four (4) park elements from among those listed below:

1. Recreational open spaces, which are generally defined as parks areas for active recreation pursuits such as soccer, golf, baseball, softball, and football, have at least one (1) acre of maintained turf with less than five percent (5%) slope.

2. Court areas, which are generally defined as tennis courts, badminton courts, shuffleboard courts, or similar hard-surfaced areas especially designed and exclusively used for court games.

3. Recreational swimming areas, which are defined generally as fenced areas devoted primarily to swimming, diving, or both. They must also include decks, lawn area, bathhouses, or other facilities developed and used exclusively for swimming and diving and consisting of no less than fifteen (15) square feet of water surface area for each three percent (3%) of the population of the subdivision with a minimum of eight hundred (800) square feet of water surface area per pool together with an adjacent deck and/or lawn area twice that of the pool.

4. Recreation buildings and facilities are designed and used for the recreation needs of residents of the development.

g. Provision is made to grant up to one hundred percent (100%) credit if certain high demand facilities are constructed. The facilities so constructed must meet minimum size, configuration, and other standards as determined by the Town Manager or his designee, The facilities must be available for public use under a lease or similar agreement with a term of not less than twenty-five (25) years and be owned and maintained as described in subsection 32-83.22 paragraph b. above. The agreement shall provide for scheduled public use of not less than seventy-five percent (75%) of peak use times as determined by the Town.

h. The credit granted shall bear a reasonable relationship to the park and recreation needs of the subdivision residents met by the private facilities. The credit granted shall be related to the recreation facilities developed and the resulting reduction of the burden on public facilities to serve subdivision residents. The determination of the Town as to whether credit shall be given and the amount of credit is final.

(Ord. #69-85, §8-6222)

a. A permit to repair or rebuild a dwelling unit damaged by act of God, fire, or other natural disaster, is exempt from this section if the permit to rebuild is applied for within one (1) year of the damage or destruction.

b. This section does not apply to a commercial or industrial subdivision, or a condominium project or stock cooperative which consists of the subdivision of airspace in an existing apartment building if that building is more than five (5) years old and no new dwelling unit is added.

(Ord. #69-85, §8-6223)

32-83.24—32-83.29 Reserved.