§ 38-60. Waiver of mandatory neighborhood park land dedication in the case of private developments.

(a)

If a development is proposed to be a private development where no public streets are dedicated for use by the public, the city shall:

(1)

Calculate the pro rata share of the proposed private development as if it were to be a development where public streets were to be dedicated.

(2)

Waive the requirement for mandatory dedication if the private amenities of the proposed development meet or exceed the calculated pro rata share as calculated under subsection (a)(1) of this section.

(3)

Decrease the total acreage shown in the park master plan as being required to meet the ultimate need for neighborhood parks in the applicable neighborhood park district by the acreage calculated under subsection (1) of this section (for the purpose of future calculations of pro rata shares for future developments).

(b)

In a private development within a park district or a private development encompassing an entire park district, the park property within the private development must be easily accessible to the general public either through the use of the city trail system or public roadways. If the private development encompasses the entire park district and the ten acres of park land is not continuous, each separate section of park property must be accessible to the general public and connected by way of a minimum eight-foot-wide trail.

(Code 1982, § 24-50; Ord. No. 87-1, § IX, 1-5-1987; Ord. No. 99-20, § 1, 6-7-1999; Ord. No. 15-17, § 1, 6-1-2015)