(a)

The purpose of the recreational facilities is to provided adequate active recreation to serve the residents of the development. The comprehensive plan (recreation and open space element) stipulates the types and minimum level of service of facilities that shall be deemed to serve active recreational needs and therefore to count toward satisfaction of the requirements of this article.

(b)

Each development shall satisfy its park requirement by installing the types of recreational facilities that are most likely to be suited to and used by the age bracket of persons likely to reside in that development.

(c)

The total acreage of parks required shall be in accordance with the comprehensive plan (open space and recreation element).

(d)

Parks shall be attractively landscaped and shall be provided with sufficient natural or man-made screening or buffer areas to minimize any negative impacts upon adjacent residences.

(e)

Park shall be centrally located and easily accessible so that it can be conveniently and safely reached and used by those persons in the surrounding neighborhood it is designed to serve.

(a)

Except as provided in subsection (c), every residential development shall be developed so that at least 5 percent of the total area of the development remains permanently as usable open space.

(b)

For purposes of this section, unusable space means an area that:

(1)

Is not encumbered with any substantial structure;

(2)

Is not devoted to use as a roadway, parking area, or sidewalk;

(3)

Is left (as of the date development began) in its natural or undisturbed state if wooded, except for the cutting of trails for walking or jogging, or, if not wooded at the time of development, is landscaped for ball fields, picnic areas, or similar facilities., or is properly vegetated and landscaped with the objective of creating a wooded area or other area that is consistent with the objective set forth in subsection (4).

(4)

Is capable of being used and enjoyed for purposes of informal and unstructured recreation and relaxation,

(5)

Is legally and practicably accessible to the residents of the development out of which the required open space is taken, or to the public if dedication of the open space is required, and

(6)

Consists of land no more than 25 percent of which lies within a flood plain or floodway as those terms are defined in Section 17-152.

(c)

Subdivided residential developments of less than five dwelling units are exempt from the requirements of this section unless the city agrees that it will accept an offer of dedication of such open space, and in that case the offer of dedication shall be made.

(a)

Unless otherwise required by the city council, recreation facilities and usable open space required to be provided by the developer in accordance with this article shall be dedicated to the public unless such remains under the ownership and control of the developer, his successor or a homeowners' association or similar organization that satisfies the criteria established in Section 17-249.

(b)

The person or entity identified in Subsection (a) as having the right of ownership and control over such recreational facilities and open space shall be responsible for the continuing upkeep and proper maintenance of the same.

Homeowners' associations or similar legal entities that, pursuant to Section 17-248, are responsible for the maintenance and control of common areas, including recreational facilities and open space, shall be established in such a manner that:

(1)

Provisions for the establishment of the association or similar entity is made before any lot in the development is sold or any building occupied;

(2)

The association or similar legal entity has clear legal authority to maintain and exercise control over such common areas and facilities;

(3)

The association or similar legal entity has the power to compel contributions from residents of the development to cover their proportionate shares of the costs associated with the maintenance and upkeep of such common areas and facilities.

(a)

The requirements set forth in this article concerning the amount, size, location, and nature of recreational facilities and open space to be provided in connection with residential developments are established by the city council as standards that presumptively will result in the provision of that amount of recreational facilities and open space that is consistent with the comprehensive plan. The council recognizes, however, that due to the particular nature of a tract of land, or the nature of the facilities proposed for installation, or other factors, the underlying objectives of this article may be achieved even though standards are not adhered to with mathematical precision. Therefore, the permit-issuing body is authorized to permit minor deviations from these standards whenever it determines that:

(1)

The objective underlying these standards can be met without strict adherence to them;

(2)

Because of peculiarities in the developer's tract of land or the facilities proposed it would be unreasonable to require strict adherence to these standards; and

(3)

The project will not cause a reduction in its adopted level of service for the entire city.

(b)

Whenever the permit-issuing board authorizes some deviation from the standards set forth in this article pursuant to subsection (a), the official record of action taken on the development application shall contain a statement of the reasons for allowing the deviation.