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ORD 1994-01ORDINANCE NO. 1994-01 ORDINANCE 2001-02 TOWN OF TROPHY CLUB, TEXAS ORDINANCE NO. 94-n]__ AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS REQUIRING THE DEDICATION OF PARK LAND TO THE TOWN CONCURRENT WITH SUBDIVISION PLAT APPROVAL; PROVIDING FOR PAYMENT IN LIEU OF SUCH DEDICATION AND A PROCEDURE FOR DETERMINING FAIR MARKET VALUE OF LAND; PROVIDING THE CHARACTER AND MINIMUM AREA OF DEDICATED LAND; PROVIDING FOR THE MAINTENANCE OF DEDICATED PARK LAND; REPEALING ORDINANCE NO. 87-09 and, 85-30 RELATING TO THE DEDICATION OF PARK LAND; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING AN EFFECTIVE DATE. WHEREAS, the Town of Trophy Club, Texas (the "Town") has authority: (i) to take and hold property within the municipality (§51.015, Tex. Loc. Gov. Code (Vernon)), (ii) to approve plats filed with the Town provided the plats conform to the general plan of the Town, including its plan for parks (§212.010(a), Tex. Loc. Gov. Code (Vernon)), and (iii) 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 (§122.005(a), Tex. Health & Saf. Code (Vernon)); and WHEREAS, the Town consists of an area of approximately four (4) square miles; and WHEREAS, the Town Council recognizes the need to ensure that in new residential developments there will be sufficient land dedicated to meet the demand of future residents for open space, parks and recreational areas; 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 the 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 of land to pay cash in lieu of land dedication, subject to the Town Council's approval and acceptance. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS: Section 1. That 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 space, park and recreational areas contained in this Ordinance are intended to me ensure that in new residential developments in the Town of Trophy club there will be sufficient land dedicated or otherwise set aside to meet the demands and needs of the future residents of the development for open space and neighborhood parks, containing passive or active recreational areas that are reasonably attributable to such development. 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 a benchmark the standards of the National Recreation and Park Association. 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. It is hereby declared by the Town that recreational areas in the form of neighborhood parks are necessary and in the public welfare, and that the only adequate procedure to provide for the same is by integrating such a requirement into the procedure for planning and developing property or subdivisions in the Town, whether such development consists of new construction on vacant land or rebuilding and remodeling of structures on existing residential property. Neighborhood parks are those parks providing for a variety of outdoor recreational opportunities and within convenient distances from a majority of the residences to be served thereby, the standards for which are set forth in the Comprehensive Plan of the Town. The primary cost of neighborhood parks should be borne by the ultimate residential property owners who, by reason of the proximity of their property to such parks, shall be the primary beneficiaries of such facilities. Therefore, the requirements contained herein are adopted to effect the purposes stated. Section 3. Character and Minimum Area of Land. A. Character of Land. 1. Land dedicated or otherwise set aside for open space and park and recreational areas shall be of such size, dimension, 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. 2. 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. 3. Any land dedicated to the Town under this Ordinance must be suitable for park and recreation uses. The following are characteristics of land which is generally unsuitable for park and recreations purposes and uses: -2- a. Any area primarily located in the 100 year flood plain; b. Any areas of unusual topography or slope which renders the same unusable for organized recreational activities. C. Any area which includes wetlands or any other open water area. The characteristics of a park land dedication area as set forth in this Ordinance may be grounds for refusal of any preliminary or final plat. 4. Drainage areas may be accepted as part of a park at the sole discretion of the Town Council if the channel is constructed in accordance with Town engineering standards, provided that no significant area of the park is cut off from access by such channel. 5. Each park shall have ready access to a public street. B. Minimum Area. 1. Whenever a final plat is filed of record with the County Clerk of Denton County, Texas for development of a residential area in accordance with the planning and zoning ordinances of the Town, such plat shall contain a clear fee simple dedication of an area of land to the Town for park purposes, which area shall be not less than ten (10) acres per 1,000 population of total projected Town population. For purposes of determining population, 2.7 people per dwelling unit shall be used. Any proposed plat submitted to the Town for approval shall show the area proposed to be dedicated under this Ordinance. The required dedication as set forth in this Section may be met by a payment of money in lieu of land when permitted or required by the other provisions of this Ordinance. 2. Except as otherwise provided herein, no land dedicated or otherwise reserved in compliance with this Ordinance shall have dimensions smaller than one (1) acre. Therefore, if based upon the development as shown on a proposed plat less than one (1) acre would be required to be dedicated hereunder, the developer shall be required to pay the applicable cash in lieu of land amount provided by Section 5, rather than to dedicate any land area. No plat showing a dedication of less than one acre shall be approved, unless the dedication will add on to an existing park area; provided, however, that in any development which includes wooded areas, flood plains, or other natural amenities, which it is 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. 3. In instances where an area of one (1) acre or more is required to be dedicated, the Town shall have the right to accept the dedication for approval on the final plat, or to refuse same, after consideration of the recommendation of the Planning and -3- Zoning Commission and the Park Committee, and to require payment of cash in lieu of land in the amount provided by Section 5, if the Town determines that: (a) sufficient park area is already in the public domain in the area of the proposed development, or (b) if the recreation potential for that zone would be better served by expanding or improving existing parks, or by developing new parks or recreation areas not located immediately within the proposed subdivision or development. 4. The dedication required by this ordinance shall be made by filing of the final plat or contemporaneously by separate instrument unless additional dedication is required subsequent to the filing of the final plat. If the actual number of completed dwelling units exceeds the figure upon which the original dedication was based, such additional dedication shall be required, and shall be made by payment of the cash in lieu of land amount provided by section 5, or by the conveyance of an appropriate amount of numbered lots to the Town. Section 4. Private Use of Land: Maintenance. A. Private Use. 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 space and park and recreational areas required by this Ordinance to be restricted to the use and enjoyment of residents of the particular development or subdivision. The Town council may grant such request whenever it finds, (1) that the public open space and park and recreational areas required by this Ordinance cannot be effectively and eff iciently 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 space and recreational areas at least 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 5 below. 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 Planning and Zoning Commission and Town Council. B. 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 homeowner's association, or a trustee. No plat or master development plan containing Et reservation of private open space and recreational ares shall be approved until the applicant shall have filed with the planning 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 Commission and the Town Council. Such instrument shall be approved by the City Attorney as to legal form ad effect, and by the Planing and Zoning Commission as to the suitability of the proposed use of the proposed open space and recreational areas. -4- The covenants and restrictions, when submitted, shall provide for establishment of the homeowner's association or trust prior to the sale of any part of the property; that open space restrictions and maintenance shall be permanent; that the homeowners are liable for the payment of maintenance fees and capital assessments; that unpaid homeowner's fees and assessments will be a lien on the property of the delinquent homeowners; that the association or trustee shall be responsible for liability insurance, taxes and perpetual maintenance; that membership shall be mandatory for each homeowner and any successive buyer; and, that each homeowner, at the time of purchase, shall be furnished with a copy of the approved restrictions or conditions. Section 5. Payment of Cash in Lieu of Reservation of Open Space or Park and Recreational Areas. In any case in which payment of cash in lieu of the dedication of land for park or recreational purposes is permitted or required by this Ordinance, the developer or subdivider shall pay the Town of Trophy Club a sum of money 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 areas pursuant to this Ordinance in lieu of such dedication or reservation. Except as otherwise provided for herein, 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 sum to the Town of Trophy Club. Said payment shall be made at or prior to final plat approval. All such payments shall be: (1) segregated in a separate fund and used only for the acquisition of open space and park and recreational areas within the Town of Trophy Club that will meet the needs of the residents of the development or subdivision with respect to which such payment was made; (2) expended on the acquisition or improvement of open space or park land that is within the current limits of the Town of Trophy Club; and (3) if not expended or unconditionally committed to be expended within five (5) years of receipt, the developer or subdivider shall be entitled to a refund of the amount paid upon request by the developer or subdivider filed with the Town Secretary within one (1) year after the right to such refund arises. A. Fair Market Value. For purposes of this Ordinance, the fair market value of land to be used in calculating park fees shall be determined annually by the City Council during and as a part of the budget process. The Council shall, after reasonable study and investigation and based upon the best available information as to land and property values within the Town, determine what the cost would be of acquiring one (1) acre of vacant land in a developing area of the Town. The cost so determined shall be the raw acreage cost with respect to which all park fees in lieu of dedication are calculated for the budget year. B. Appeal. The owner, developer or subdivider of a proposed subdivision shall have the right to appeal the fair market value determination to the Town Council within ten (10) days after the -5- 87-09 final determination of the fair market value by the Council, by filing with the Town Secretary a written appeal and stating therein the reasons and basis for the appeal. The Town Council shall act on the appeal within thirty (30) days thereafter. The action of the Town Council shall be final. During the pendency of an appeal, the fair market value determined by the Town prior to the appeal shall apply. C. After the final plat has been approved, any land dedicated pursuant to this Ordinance shall not be developed for a period of six (6) months. If money was given in lieu of land, it shall be held in escrow for six (6) months before being spent. If during the six (6) month period the owner, subdivider or developer decides not to develop the property, a full refund of money or land will be given. Section 6. Prior Gift. At the discretion of the Town, any form gift of land to the Town may be credited on a per acre basis toward eventual land dedication requirements imposed on the donor of such lands. The Town Council shall consider the recommendation of the Planning and Zoning Commission and the Park Committee in exercising its discretion under this Section. Section 7. Action by Town Council. Unless provided otherwise herein, an action by the Town shall be by the Town Council, after consideration of the recommendations of the Planning and Zoning Commission and the Park Committee. Any proposal considered by the Planning and Zoning Commission under this Section shall have been first reviewed by the Park Committee, and its recommendation given to the Commission. Section 8. savings;_ Repealer. This Ordinance shall be cumulative of all other ordinances of the Town affecting parks and recreation areas processes and shall not repeal any of the provisions of those ordinances except in those instances where provisions of those ordinances are in direct conflict with the provisions of this Ordinance; provided, however, that Ordinance No. Q Z -anis hereby repealed in its entirety, such repeal to take effect as of the effective date of this Ordinance, but provided however that any process, complaint, action, cause of action or claim which prior to the effective date of this Ordinance has been initiated or has arisen under or pursuant to the said Ordinance No. & 86-9 shall continue to be governed by the provisions of that Ordinance, and for that purpose Ordinance No.87-0nshall be deemed to remain and continue in full force and effect. Section 9. 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 jurisdiction, 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 10. Effective Date. This Ordinance shall become effective from and after its date of adoption and publication as required by law. PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas this the 1_8th day of January , 1994 ATTEST: Town Secretary, Town of Trophy Club, Texas [SEAL] APPROVED AS TO FORM: V PHAorney, Town of Trophy Club, Texas May(#'), Town\q# Ti-ophy Club, Texas -7-