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 Weed
 Code of Ordinances
 Title 17. SUBDIVISIONS
 Chapter 17.32. LAND DEDICATIONS/PAYMENT OF FEES

  § 17.32.140. Credit for private parks.  

Latest version.

  • Where private open space for parks 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, such areas may, at the discretion of the city council, be credited against the dedication and in-lieu requirements of this chapter, provided that the city council finds it in the public interest to do so, and that the following standards are met:

    A.

    Yards, court areas, setbacks and other open areas required by the zoning and building regulations shall not be included in the computation of such open space;

    B.

    Private ownership and maintenance of the open space shall be by a homeowner's association composed of all property owners in the subdivision and being an incorporated nonprofit organization capable of dissolution only by a one hundred percent affirmative vote of the membership, operated under recorded land agreements through which each lot owner in the neighborhood is automatically a member and each lot is subject to a charge for a proportionate share of expenses for maintaining the facilities; or found by the city council to be expenses for maintaining the facilities; or found by the city council to be otherwise adequately provided for by written agreement;

    C.

    The use of the private open space shall be irrevocably restricted to 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 defeated or eliminated without the consent of the city council;

    D.

    The proposed private open space shall be reasonably adaptable for use for park and recreational purposes, taking into consideration such factors as size, shape, topography, geology, access and location of the private open space land;

    E.

    The facilities proposed for the open space shall be in substantial accordance with the provisions of the recreational element of the General Plan of the city and are approved by the city council;

    F.

    The open space and/or facilities provide for the park and recreation needs of the project in such a manner as to reduce the impact on existing facilities or reduce the need to provide new facilities by the city.

(Ord. 304-93 §1(part), 1993).