Loading...
ORD 2001-02TOWN OF TROPHY CLUB, TEXAS ORDINANCE NO. 2001- 02 AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS, REPEALING ORDINANCE NOS. 94-01 AND 99-12 RELATING TO THE DEDICATION OF PARD LAND AND OPEN SPACE; AND ADOPTING PROVISIONS REQUIRING THE DEDICATION OF PARK LAND PRIOR TO A SUBDIVISION PLAT APPROVAL BY THE PLANNING AND ZONING COMMISSION AND THE TOWN COUNCIL; PROVIDING FOR PAYMENT OF CASH IN LIEU OF RESERVATION OF OPEN SPACE OR PARK AND RECREATIONAL AREAS; PROVIDING FOR THE MAINTENANCE OF DEDICATED PARK LAND; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A REPEALER CLAUSE; PROVIDING A CUMULATIVE CLAUSE; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Town Council of the Town of Trophy Club, Texas (the "Town") is empowered under Texas Local Government Code ' 51.001 to do all acts and make all regulations which may be necessary or expedient for the promotion of the public health, safety and general welfare, and WHEREAS, the Town Council seeks to require the dedication of park land to be designated upon any proposed subdivision plat prior to approval of such plat by the Town Council; and WHEREAS, the necessary park land dedication must meet certain minimum area and character requirements; and WHEREAS, the Town Council desires to allow a developer to pay cash in lieu of land dedication, subject to Town Council approval and acceptance. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS: SECTION 1. INCORPORATION OF PREAMBLE The above and foregoing preamble is incorporated into the body of this Ordinance as if copied herein in its entirety. SECTION 2. PURPOSE The requirements for open spaces, park and recreational areas contained in this Ordinance are intended to ensure that there will be sufficient land dedicated or otherwise set aside in new residential developments in the Town of Trophy Club to meet the demands and needs of the future QATOWNSECU'ending Ordinances121901Repeat part: land.doc residents of the development for open space and neighborhood parks, containing passive or active recreational areas that are reasonably attributable to such development. A. In determining the size of the parcel, or parcels, that should be set aside and reserved in the manner set out in this Ordinance, the Town Council has taken as abenchmarkthe standards of the National Recreation and Park Association. B. It is the policy of the Town, that when land is dedicated or otherwise set aside and reserved for open space and park and recreational areas, such land should be in close proximity to the residential development it is designed to serve and shall be of such size, character, and dimensions as is necessary to provide usable open space and park and recreational areas. SECTION 3. CHARACTER AND MINIMUM AREA A. Land dedicated or otherwise set aside for open space and park and recreational areas shall be of such size, dimensions, topography, and general character as is reasonably required for the type of use proposed, e.g., open space buffer, active recreation for team or individual sports, playground, tot lot, picnic area, etc. B. Unique natural areas or flood plains which provide an opportunity for linkage parks may be included in areas dedicated or otherwise set aside or reserved for open space. C. The minimum amount of open space and park recreational area that shall be dedicated or otherwise reserved pursuant to this Ordinance shall be ten (10) acres per 1,000 of total projected Town population. For purposes of determining population, 2.87 people per dwelling unit shall be used. D. Any land dedicated to the Town under this Ordinance must be suitable for park and recreation uses. The following characteristics of a proposed area are generally unsuitable unless recommended in the Master Plan: 1) Any area primarily located in the 100 -year floodway; or 2) Any areas of unusual topography or slope which render the area iulusable for park and recreational activities. The above characteristics of a park land dedication area may be grounds for refiisal of any preliminary or final plat. E. Drainage areas may be accepted as part of a neighborhood park if the channel is constructed in accordance with Town engineering standards and if no significant area of the park is cut off from access by such channel. If land is dedicated which is in the floodway fringe, but not including the floodway, then it counts as one-half (2) of the required area as set forth in Subsection 3(C). F. Each park shall have access to a public street. QATOWNSECTending Ordinances12190]Repeal park land.doc G. All park land dedication shall be consistent with the standards as set forth in the Master Plan. SECTION 4. MINIMUM SIZE No land dedicated or otherwise reserved in compliance with this Ordinance shall have dimensions smaller than one (1) acre. In any development which includes wooded areas, flood plains, or other natural amenities which are desirable to maintain, the Town Council may grant an exception from the strict application of these minimum dimensions whenever it determines that by doing so the protection and preservation of such areas will be promoted. SECTION S. PLATTING REQUIREMENTS A. Whenever a final plat is filed on record with the County Clerk of Denton County for development of a residential area in accordance with the Subdivision and Zoning Ordinance of the Town, such plat shall contain a clear fee simple dedication of an area of land as designated by this Ordinance. Any proposed plat submitted to the Town for approval shall show the area proposed to be dedicated. 13. The Planning and Zoning Commission shall have a plat review meeting regarding the proposed land donation prior to it being submitted to the Town Council. Any land dedicated or otherwise reserved under this Ordinance for open space or park and recreational areas shall be shown on a plat submitted for approval by the Planning and Zoning Commission and Town Council. Upon approval, said plat shall be filed with the County Cleric of Denton County. C. The Town Council may, upon application by a developer, or other person or firm with a legal interest in the land to be developed, allow the open spaces and park and recreational areas required by this Ordinance to be restricted to the use and enjoyment of the residents of the particular development or subdivision. The Town Council may grant such request whenever it finds: 1) That the open space and park and recreational areas required by the Ordinance cannot be effectively and efficiently integrated into the public park system of the Town; 2) That the open space and park and recreational needs of the residents of the development or subdivision can be supplied by the reservation of private open spaces and recreational areas at Ieast as adequately as by the dedication of public park land; and 3) That the developer or subdivider has complied, or will comply, with the requirements of Section 6 of this Ordinance. Such open space and park and recreational areas shall be clearly noted on the plat or master development plan as "Private Open Space" or "Private Recreational Land" at the time of submission to the Town for action by the QATOwNSECTending Ordinances12190IRepeal pari: land.doc Planning and Zoning Commission and Town Council. SECTION 6. PAYMENT OF CASH IN LIEU OF RESERVATION OF OPEN SPACE OR PARD AND RECREATIONAL AREAS A. A payment of cash in lieu of reservation of open space or park land or recreational land, that is equal to the fair market value of the land that would be required to be dedicated or otherwise reserved for open space or park and recreational area pursuant to this Ordinance, will be required: 1) In any case in which the land required to be dedicated or otherwise reserved by this Ordinance would be less than one (1) acre, or 2) If it is determined by the Town Coumcil that the park and recreational needs of a proposed development would be better served by the expansion or improvement of an existing park, or, 3) A developer or subdivider may, with the consent of the Town Council, as an alternative to, and in lieu of, dedicating or otherwise reserving land for open space or park. and recreational purposes, pay the aforesaid stun to the Town of Trophy Club. Said payment shall be made within ten (10) days of the time of final plat recording. B. All such payments shall be: 1) Segregated in a separate fund and used only for the acquisition and improvements of open space and parkk, and recreational areas within the Town of Trophy Club that will meet the needs of the residents of the development or subdivision in respect which such payment was made; 2) Expended on the acquisition or improvements of open space or park land that is within the jurisdiction of the Town of Trophy Club; and 3) If not expended, or unconditionally committed to be expended, within ten (10) years of receipt, the developer or subdivider shall be entitled to a refimd of the amount paid upon written request by the developer or subdivider. Such request must be filed with the Town Secretary within one (1) year after the right to such refund arises. If such request is not made in writing within the one (1) year period, then such right shall be barred. C. Fair Market Value Determined. For purposes of this Ordinance, the fair market value of land shall be detennined by: 1) Taking the fair market value of one (1) acre of land, derived from the average of three separate undeveloped acre parcels of land within Trophy Club that are deemed to be comparable to the land being subdivided. QATOWNSECPending Ordinances121901 Repeal park land.doc 2) Unimproved land shall mean land that has not been platted nor developed. D. The owner, developer or subdivider of a proposed subdivision shall have the right to appeal the fair market value detennination to the Town Council within ten (10) days after the date of filing of the preliminary plat with the Town, by filing with the Town Secretary a written appeal and stating therein the reasons and basis for the appeal. The Town Couuicil shall act on the appeal within thirty (30) days after the date of approval or disapproval of the preliminary plat by the Planning and Zoning Commission. The action of the Town Council shall be final. SECTION 7. MAINTENANCE If the open space and recreational areas required by this Ordinance are to remain private, such areas shall be maintained by and deeded to a homeowners' association, or to a trustee. A. No plat or master development plan containing a reservation of private open space and recreational areas shall be approved until the applicant shall have filed with the Planing and Zoning Commission a declaration of the covenants and restrictions that will govern such association or trustee, and received approval of the same from the Planning and Zoning Con nission and the Town Council. B. Such instrument shall be approved by the City Attorney as to legal form and effect and by the Planning and Zoning Commission as to the suitability of the proposed use of the proposed open space and recreational areas. C. The covenants and restrictions, when submitted, shall provide for the following: 1) that the homeowner's association or trust shall be established prior to the sale of any part of the property; 2) that open space restrictions and maintenance shall be permanent; 3} that the homeowners are liable for the payment of maintenance fees and capital assessments; 4) that unpaid homeowner's fees and assessments will be a lien of the property of the delinquent homeowners; S) that the association or trustee shall be responsible for liability insurance, taxes and perpetual maintenance; G) that membership shall be mandatory for each homeowner and any successive buyer, and 7) that each homeowner, at the time of purchase, shall be furnished with a copy of the approved restrictions or conditions. Q:VrOWNSECTending OrdinancesM901Repeal part: land.doc SECTION S. SEVERABILITY If any section, article, paragraph, sentence, clause, phrase or word in this Ordinance or application thereof to any person or circumstances is held invalid or unconstitutional by a Court of competent ju isdiction, such holding shall not affect the validity of the remaining portions of this Ordinance and the Town Council hereby declares it would have passed such remaining portions of this Ordinance despite such invalidity, which remaining portions shall remain in full force and effect. SECTION 9. RFPFALF.R Ordinances No. 94-01 and 99-12 of the Town relating to dedication of park land and open space are hereby repealed and replaced as herein provided. Thus Ordinance shall govern and control the park land and open space within the Town front and after its effective date. SECTION 10. CUMULATIVE This Ordinance shall be clunulative of all provisions of Ordinances of the Town of Trophy Club, Texas, except where the provisions of this Ordinance are in direct conflict with the provisions of such Ordinances, in which event the conflicting provisions of such Ordinances are hereby repealed. SECTION 11. ENGROSSMENT AND ENROLLMENT The Town Secretary of the Town of Trophy Club is hereby directed to engross and enroll this Ordinance by copying the exact Caption and Effective Date clause in the minutes of the Town Council of the Town of Trophy Club and by filing this Ordinance in the Ordinance records of the Town. SECTION 12. PUBLICATION CLAUSE The Town Secretary of the Town of Trophy Club is hereby directed to publish in the Official newspaper of the Town of Trophy Club, the Caption, and Effective Date clause of this Ordinance for two (2) days as required by Section 52.011 of the Texas Local Governinent Code. SECTION 13. EFFECTIVE DATE This Ordinance shall be become effective from and after its date of passage and publication in accordance with law, and it is so ordained. QATOwNSECTending Ordinances121901 Repeal park iand.doc PASSED AND APPROVED by the Town Council of the Town of Trophy Chub, Texas, this 19th day of February, 2001. -,-P� �f &L Mayor Town of Trophy Club, Texas ATTEST: Town Secretary Town of Trophy Club, Texas [SEAL] APPkUv ED Aia TO FORM: t Town Attorney Town of Trophy Chub, Texas Q:\TOWNSGCIPenrling Ordinaaces121901 Repeal part land.duc