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

B. Private park and recreation facilities shall be owned by an owners association composed of all property owners in the subdivision and being an incorporated nonprofit organization capable of dissolution only by a seventy-five (75) percent affirmative vote of the membership and approved by the City, 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 franchise; and

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 defeated or eliminated without the consent of the City or its successor; and

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; and

E. The open space for which credit is given is a minimum of three (3) acres and provides a minimum of five (5) of the local park basic elements listed in this section, or a combination of such and other recreation improvements that will meet the specific recreation needs of future residents of the area.

F. 

Before credit is given, the decision-making body shall make written findings that the standards set out in this section are met. (Ord. 1030 § 2(11), 2018; Ord. 896 § 3 (part), 1998)