§ 20-81. Credit for privately owned facilities.

(a)

The board of supervisors may grant credit for privately owned and maintained open space or local recreation facilities, or both, in planned unit developments adopted pursuant to the zoning code of Butte County, or mobile home parks as defined in the zoning code of Butte County. Such credit if granted in acres or comparable in-lieu fee shall be subtracted from the dedication and/or fees.

(1)

Yards, court areas, setbacks, and other open space areas required to be maintained by this article and other regulations shall not be included in private open space and local recreation credit.

(2)

Provision is made by written agreement, recorded covenants running with the land, or other contractual instrument that the areas shall be adequately maintained.

(3)

The use of private open space or recreation facilities is limited to park and local recreational purposes and shall not be changed to another use without the express written consent of the board of supervisors of the county.

(b)

Land or facilities or both which may qualify for credit towards the land dedication or in-lieu fee, or both, will generally include the following types of open space or local recreational facilities:

(1)

Open spaces, which are generally defined as parks and parkway areas, ornamental parks, extensive areas with tree coverage, low lands along streams or areas of rough terrain when such areas are extensive and have natural features worthy of scenic preservation, golf courses or open areas on the site in excess of twenty thousand (20,000) square feet.

(2)

Court areas, which are generally defined as tennis courts, badminton courts, shuffleboard courts or similar hard-surfaced areas especially designed and exclusively used for court games.

(3)

Recreational swimming areas, which are defined generally as fenced areas devoted primarily to swimming, diving, or both, including decks, lawn areas, bathhouses, or other facilities developed and used exclusively for swimming and diving.

(4)

Recreational buildings, designed and used for the recreational needs of the residents of the development.

(5)

Special areas, which are generally 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 site or river beaches, improved access or right-of-way in excess of requirements, and other similar type open space or recreational facilities which in the sole judgment of the board of supervisors qualifies for credit.

(Ord. No. 3188, § 1(Exh. A), 3-14-95)