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ATTY/ORD.0010/CC ORD AMENDING MUNI CODE CH.18, 27A, 30 – EXHIBIT C <br />REV: 09-17-24 VR <br />Page 57 of 65 <br />1.The open space is at least 1.0 acre in size; <br />2.At least twenty-five percent (25%) of the space is developed with amenities that <br />permit active recreation that may include, but is not limited to, swimming pools, <br />basketball, soccer, baseball, volleyball, tennis, football or similar courts, and <br />playground equipment; and <br />3.At least fifty percent (50%) of the open space area consists of smooth grass spaces <br />with a grade of no more than one-foot rise in twenty-five feet (25′) that can be divided <br />into rectangles each of no less than five hundred (500) square feet, with the shorter <br />side of each rectangle being no less than twenty feet (20′) wide. <br />The value of such private open space shall be determined by the City Council, based upon <br />a professional appraisal produced by an independent consultant selected by the City and <br />paid for by the subdivider. Such appraisal shall take into account only the value of such open <br />space in the marketplace if it were restricted to use as open space usable for active <br />recreational uses and sold separately from the remainder of the subdivision. The valuation <br />shall not take into account the amount the City (or any other public entity) might pay for such <br />open space unless, in the opinion of the City Council, the City or another public entity has <br />an established history or policy of purchasing open space in the City of similar size, <br />configuration and use. <br />The credited amount shall be as follows: <br />i. One hundred percent (100%) credit for space open to the public during normal City <br />Park hours. <br />ii. Twenty-five percent (25%) credit for space open to the residents of the subdivision <br />only. <br />C. Where a credit granted pursuant to subsection A or B of this Section is applied to a land <br />dedication requirement, as opposed to a fee requirement, the amount of such credit shall <br />be calculated at a rate of one (1) acre of credit for each three million eight hundred sixty-five <br />thousand three hundred eighty-two dollars ($3,865,382.00) in value of park and recreational <br />improvements (in the case of a credit pursuant to subsection A of this Section) or private <br />open space useable for active recreational uses (in the case of a credit pursuant to <br />subsection B of this Section). <br />Sec. 30.72. – USE OF FEES AND DEDICATED LAND: <br />A. The City shall develop a schedule specifying how, when, and where it will use the land and <br />fees accepted or collected pursuant to this Article to develop park or recreational facilities <br />to serve the residents of the subdivisions for which such dedications or payments have been <br />made. Any fees collected shall be committed within five (5) years after the payment of the