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S 11.62 <br />A. That yards, court areas, setbacks and other open <br />space required to be maintained by the Zoning Chapter of the City <br />Code shall not be included in the computation ot such private open <br />space; and, <br />B. That the private ownership and maintenance of <br />the open space is adequately provid«>d for by written agreement; <br />and, <br />C. That the private open space is restricted for <br />park and recreation purposes by recorded covenants which run with <br />the land in favor of the future owners of property within the tract <br />and which cannot be eliminated without the consent of the Council; <br />and, <br />D. That the proposed private open space is <br />reasonably adaptable for use for park and recreation purposes, <br />taking into consideration such factors as sisc, shape, topography, <br />geology, drainage, access, and location of the private open space <br />land; and, <br />E. That facilities proposed for the 'pen space are <br />in substantial accordance with the provisions of the recreational <br />element of the Comprehensive Land Use Plan, and area approved by <br />the Council. <br />Subd. 8. Putute ubdivisions. Any land which is further <br />subdivided, divided, or replatted subsequent to the imposition of <br />this Section shall be subject to the requirements of the City Code <br />provisions then in effect concerning dedication of land fc«. public <br />purpoees, and credit shall be given for any charges previously <br />imposed upon that land if the subdivider can prove that fees were <br />previously paid. In no event shall the City be liable for any <br />payment which may be due because of a subsequent reduction in the <br />applicable percentage of land or equivalent market value in cash to <br />be dedicated. <br />Source: City Code <br />Effective Date: 4-1-84 <br />(Sections 11.63 through 11.69, inclusive, reserved for future <br />expansion.) <br />ORONO CC (4-1-84)