Getting credit for private parks in a subdivision

(a) Where parks and playgrounds, including improvements, are to be provided in a proposed subdivision, and are to be privately owned and maintained by the future residents of the subdivision, such areas and improvements shall be credited towards the requirements set forth in section 8-7 or the payment of fees in lieu thereof, set forth in sections 8-8 and 8-9. (b) The credit shall be subject to the approval of the planning director, upon consultation with the director of parks and recreation, subject to the following requirements: (1) Yards and other open areas required to be maintained by the zoning and building regulations shall not be included in the computation of such private recreational areas and facilities. (2) The size, shape, topography, geology, access, use and location of the site shall be suitable for park and playground purposes. (3) The physical improvements provided for shall meet the needs of the purchasers or occupants of the subdivision, and are in accordance with the policies and standards of the recreational element of the general plan and park master plan. (4) The use of the site shall be restricted for park and playground purposes by recorded covenants which shall run with the land for the use of the purchasers or occupants in the subdivision. (5) There is adequate assurance as determined by the corporation counsel, for perpetual maintenance of such private parks and playgrounds by recorded covenant running with the land which shall include but not necessarily be limited to the following: (A) Obligate the subdividers, purchasers, occupants or association in the subdivision to maintain the private parks and playgrounds in perpetuity; and DEDICATION OF LAND § 8-10 (B) Empower the County, through the parks and recreation director, to enforce the covenants to maintain the private parks and playgrounds and authorize the performance of maintenance work by the County in the event of failure by the subdivider, purchaser or occupant, to perform such work and permit the subjecting of the land and properties in the subdivision to a lien until the cost of work performed by the County has been reimbursed. (6) The site improvements and physical facilities to be provided and constructed shall be made available to all purchasers or occupants in the subdivision and an agreement and adequate security are filed and accepted by the County to guarantee the construction of the improvements and facilities within a specified time as required by the director prior to final subdivision or plan approval. (7) The type of park improvements in land subdivisions shall be determined by the director of parks and recreation upon conferring with the director of public works, and approved by the director and shall include at a minimum: (A) Lot grading and grass planting; (B) Parking area; (C) Adequate drainage; and (D) Comfort station. The director may waive a portion or all of the minimum improvement required, provided that the improvements are available within close proximity of the park and meet other code requirements or deemed impracticable or unnecessary by the director upon consultation with the director of parks and recreation and director of public works. (8) The minimum type of improvements for building permit subdivisions shall be determined in the same fashion as land subdivisions. (9) Equitable credit by cost estimates of the improvements being provided shall be determined by the director of public works.