17.280.070 Credit for privately owned facilities.
A. The City may grant credit for privately owned and maintained open space or local recreation facilities, or both, in planned communities, residential townhouse units, mobile home developments, and other forms of planned developments; provided, that such property is located within the City. Such credit determination shall be made at the discretion of the City and shall be subtracted from the dedication or fees, or both, provided:
1. Yards, park areas, setbacks, and other open space areas identified for credit shall be maintained in such uses;
2. Provision is made by recorded covenants that the private areas be adequately maintained, including landscaping and equipment, consistent with City standards;
3. The use of private open space or recreation facilities is limited to park and local recreation purposes and shall not be changed to another use without the written consent of the City.
4. Where appropriate, facilities shall be open and available to the public.
B. Land or facilities which may qualify for credit will generally include the following:
1. Open spaces, which are generally defined as parks and parkway areas, ornamental parks, extensive areas with tree coverage, lowlands along streams or areas of rough terrain when such areas are extensive and have natural features worthy of scenic preservation, or open areas on the site in excess of 10,000 square feet;
2. Court areas for tennis, badminton, shuffleboard or similar hard-surfaced areas designed and used exclusively for court games;
3. Recreational swimming areas defined as fenced areas devoted primarily to swimming and diving, including decks, lawn area, user facilities (e.g., changing rooms/locker rooms, showers), or other facilities developed and used exclusively for swimming and diving and consisting of no less than 15 square feet of water surface area for each three percent of the population of the subdivision;
4. Recreation buildings designed and primarily used for the recreational needs of the residents of the development;
5. Special areas defined as areas of scenic or natural beauty, historic sites, hiking, riding or motorless bicycle trails, including pedestrian walkways separated from public roads, planting strips, lake sites, or river beaches, improved access or right-of-way in excess of the requirements of the SMC, and similar types of open space or recreational facilities.
C. Amount of Credit. The categories for credit described in this section shall be given equal weight, with each category not to exceed 20 percent of the total dedication or fee required by a development. The City Council may grant additional credit for each category if there is substantial evidence that:
1. The open space or recreational facility is above average in aesthetic quality, arrangement or design;
2. The open space or recreational facility is clearly proportionately greater in amount or size than required by this title or usually provided in other similar types of development; or
3. The open space or recreational facility is situated so as to complement open space or local recreational facilities in other private or public developments. (Ord. 1111, 2018)