Sec. 21-109. - Credit for recreational improvements within common open space.

Where usable recreational improvements within common open space as defined in the applicable zoning ordinance for park and recreational purposes is provided in a proposed subdivision and such space is to be privately owned and maintained by the future residents of the subdivision, partial credit based on approved Quimby and development fee credit schedule, not to exceed fifty percent, may be given against the

requirement of land dedication or payment of fees in lieu thereof if the planning commission or board of supervisors finds that it is in the public interest to do so, and that all of the following standards are met:

(a)

That yards, setbacks and other open areas required by the zoning and building ordinances, including areas credited against minimum lot sizes, shall not be included in computing the amount of such common open space; and,

(b)

That the private ownership and maintenance of the recreational improvements and open space shall be adequately provided for by deeds and recorded covenants in perpetuity; and,

(c)

That the use of common open space shall be restricted for park and recreational purposes by recorded covenants which run with the land in favor of the existing and future owners of the property within the subdivision and which cannot be eliminated without the consent of the county; and,

(d)

That the proposed common open space is reasonably adaptable for use for park and recreational purposes as determined by the county; and,

(e)

That the recreational improvements and open space for which credit is given will meet the needs of the future residents of the subdivision, specifically those defined as being deficient by the recreation element of the comprehensive plan for the area in which the project is to be located or, alternatively, that the land and/or facilities offered provide a special recreational benefit to the subdivision not otherwise provided in available park and recreational facilities.

(Ord. No. 4317, § 1)