PB15-5. - Private land maintained for public use.

City staff, after consultation with park board superintendent or their designee, may at its discretion, waive all or a portion of the land or cash dedication required in section 598.370 and enter into an agreement for the private development and/or maintenance of land for public use for parks, playgrounds, recreational facilities, wetlands, trails, or open space areas within the proposed development, subject to the following conditions:

(1)

The land area or value of the land and improvements privately developed and maintained for public use for parks, playgrounds, recreational facilities, wetlands, trails, or open space areas must at least equal that required under this ordinance.

(2)

Land, facilities, and improvements accepted under this provision shall be accessible to the public in a manner similar to public land.

(3)

The city must find that such land and improvements will serve the purposes listed in section 598.370(a).

(4)

The city, park board, and developer of the land must have executed a parkland development agreement ensuring that specified land shall be developed and maintained by the developer to park board standards, and any and all successors in interest thereof, of any type whatsoever, which includes, but is not limited to heirs and assigns, for the purposes listed in section 598.370(a). The developer must include a covenant running with the specified land indicating that the land to be developed and maintained to park board standards for the purposes listed in section 598.370(a) will revert to the city and/or park board in the event of a failure to comply with this requirement. When a recordable covenant concerning the ownership, maintenance or use of private areas and facilities for parkland development is required, the covenant shall be submitted to the city for approval, after consultation with park board staff. Such covenant shall be recorded prior to or at the same time as the final plat or prior to obtaining building permits, as applicable.

(5)

Yards, court areas, parking areas, stormwater management areas, setbacks, and other open areas required by zoning and building ordinances and regulations shall not be included in the computation of the land area required in determining the park dedication waiver.

(6)

Before a waiver is given, the city, in consultation with park board superintendent or their designee, shall make a finding that such a waiver is acceptable.

(7)

That where such waiver is granted, the amount of the waiver in the downtown area may be up to one hundred (100) percent of the park dedication requirements for the development.

(8)

That where such waiver is granted, the amount of the waiver elsewhere in the city shall not exceed seventy-five (75) percent of the park dedication requirements for the development.

(9)

If the developer provides park and recreational improvements, site amenities, or other landscape elements to the public use space, the value of the improvements shall be credited against the park dedication fees and conform to park board standards. (2009-Or-030, § 1, 4-10-09; 2010-Or-081, § 5, 9-24-10; Pk. Bd. Ord. No. 2013-103, § 1, 12-18-13)