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ORD 1987-09P E A ORDINANCE 87 - 09 by ORDINANCE 94 - 01 01/18/94 0 REPEALED BY ORDINANCE NO. 94-01 01/18/94 TOWN OF TROPHY CLUB, TEXAS ORDINANCE NO, 0 87-0o AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS REQUIRING THE DEDICATION OF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 SUCH DEDICATION; PROVIDING THE CHARACTER AND MINIMUM AREA OF DEDICATED LAND; PROVIDING FOR THE MAINTENANCE OF DEDICATED PARK LAND; PROVIDING A SEVER- ABILITY CLAUSE; AMENDING ORDINANCE NO. 86-30 OF THE TOWN RELATING TO DEDICATION OF PARK LAND AND OPEN SPACE BY AMENDING SECTION 4 RELATING TO PAYMENT OF CASH IN LIEU OF DEDICATION AND SETTING OUT A METHOD TO DETERMINE THE FAIR MARKET VALUE OF LAND, AND BY DELETING SECTION 6 RELATING TO INITIAL DEDICATION; PROVIDING THAT ORDINANCE NO. 86-30 SHALL REMAIN AND CONTINUE TO BE IN FULL FORCE AND EFFECT AND GOVERN THE DEDICATION OF PARK LA10 AND OPEN SPACE FROM THE DATE OF ITS PASSAGE THROUGH AND TO THE DATE OF THIS ORDINANCE; PROVIDING AN EFFECTIVE DATE. WHEREAS, the Town Council of the Town of Trophy Club, Texas (the "Town") is empowered under Articles 1011 and 1015, Vernon's Annotated Texas Cavil Statutes ("V.A,T.C.S."), as amended, 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 consists of an area of approximately 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 said plat by the Town Council; and WHEREAS, the necessary park land dedication place 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 the Town Council's approval and acceptance. 11aIIJ 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 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. Section 3. Character and Minimum Area. 1. 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. 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. 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, 2.7 people per dwelling unit shall be used. 4. 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 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. tl 0 4 I J ._2.... Section 4. Plattin Re irements. 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 of record in the county in which the property is located. 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 efficiently integrated into the public park system of the City; (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. Section 5. Payment of Cash in Lieu of Reservation of Open Space or Park and Recreational Areas. In any case in which the land required to be dedicated or otherwise reserved by this Ordinance would be less than one (1) acre, the developer or subdivider shall, and in all other instances the Town Council may, upon finding that the park and recreational needs of a proposed development would be better served by the expansion or improvement of an existing park, require that the developer or subdivider 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 of reservation. 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 concurrently with formal acceptance by the Town of Trophy Club of construction of street and utility improvements. All such payments shall be: (1) segregated in a separate fund and used only for the acquisition and improvements of open space and park and oag�j -3- 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 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. For purposes of this Ordinance, the fair market value of land shall be determined by taking the average fair market value of three (3) lots within the municipal utility district in which the proposed subdivision lies, or if the proposed subdivision lies in more than one (1) municipal utility district, three (3) lots from each such municipal utility distract shall be used to determine the fair market value for the subdivision. The lots so used shall be those which have been most recently sold in the respective municipal utility district at the time of filing of the preliminary plat. In the event that the proposed subdivision is not located in any municipal utility distract, or in the event that there have been no sales of lots within the respective municipal utility district, the fair market value of land shall be determined by taking the average value of the three (3) most recent lot sales, at the time of filing of the preliminary plat, in each municipal utility district located within the Town. "Fair Market Value" shall mean the gross sales price of a residential lot. B. 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 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 Council 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 6. 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 a trustee. 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 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. ❑a913 -4- 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. 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 7. Severabilit . That 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 8. That Ordinance No. 86-30 of the Town relating to dedication of park land and open space is hereby amended as herein provided and reenacted as herein provided, and that the said Ordinance No. 86--30 shall continue to be in full force and effect and govern the dedication of park land and open space within the Town from the date of its enactment through and until the effective date of this ordinance. This ordinance shall govern and control the dedication of park land and open space within the Town from and after its effective date. Section 9. Emergency. The fact that the present ordinances and regulations of the Town of Trophy Club, Texas, are inadequate to properly safeguard the health, safety, morals, peace and general welfare of the inhabitants of the Town of Trophy Club, Texas, creates an emergency for the immediate preservation of public business, property, health, safety an general welfare of the public which requires that this ordinance shall become effective from and after the date of its passage and it is accordingly so ordained. 009 1 J -5- PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas this the ?I day of March , 1987, yor, Town of Troph Club, Texas 0 Tawh 'secretary, -Town of %rophy Club, Texas [SEAL] APPRO.AS TO FORM: e/� j WX � Town Att rney, Town of Trophy Club, Texas a a 9 1 j -6- CERTIFICATION This will certify that the attached is a true and correct copy of Ordinance No, 0 87-11 of the Town of Trophy Club, Texas adopted on the _11th _ day of lay , 1987. To certify which I hereby set my hand and seal of the Town of Trophy Club, Texas this the z day of June , 1987. Donria---Welsh, Town Secretary Town of Trophy Club, Texas [SEAL? 9003n