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1998-039AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING CHAPTER 22 "PARKS AND RECREATION" OF THE CODE OF ORDINANCES OF THE CITY OF DENTON BY ADDING AN ARTICLE III PROVIDING FOR PARK LAND DEDICATION OR PAYMENT OF CASH IN LIEU THEREOF AS A CONDITION TO SUBDIVISION PLAT APPROVAL AND PAYMENT OF PARK DEVELOPMENT FEES AS A CONDITION TO BUILDING PERMIT ISSUANCE IN ORDER TO PROVIDE FOR NECESSARY PARK DEVELOPMENT, ESTABLISHING A SPECIAL FUND FOR MONEY PAID FOR PARK DEVELOPMENT, PROVIDING A PENALTY IN THE MAXIMUM AMOUNT OF $500 FOR VIOLATIONS THEREOF, PROVIDING A SEVERABILITY CLAUSE, PROVIDING FOR A SAVINGS CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the City Council for the City of Denton, Texas has detertmned that the platting of residential subdivisions and development of lots results m an increase of population, which m turn creates a need for additional neighborhood park land and park improvements, thereby placing an inordinate burden on existing city park sites and facilities, and WHEREAS, the City Council finds that it is in the public interest to insure that new residential developments in the City of Denton will dedicate sufficient land or will otherwise provide for the development of park amenities to meet the demand and need of future residents of the development for open space and neighborhood parks which cont~un passive or active recreational areas that are reasonably attributable to such new development, and WHEREAS, the City Council recognizes that the establishment of public open space in the form of neighborhood parks is necessary and in the interest of public welfare, and that an effective method to provide for the same is the incorporation of procedures for the dedication of park land and facilities into the development process as set forth in the City's development roles and regulations, ordinances and state law, and WHEREAS, the City Council has conducted a public hearing on the proposed regulations contained herein, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY ORDAINS SECTION I That the "Parks and Recreation" Chapter of the Code of ordinances of the City of Denton, Texas, be and the same is hereby amended by the addition of a new Article III entitled "Park Dedication", so that hereafter said article shall be and read as follows PAGE1 PARK DEDICATION ARTICLE III Sec 22-33 PURPOSE (a) Th~s Article is adopted to pro,nde recreational areas m the form of neighborhood parks as a function of subd~wslon development of the City of Denton Th~s Article is enacted in accordance with the home rule powers of the City of Denton granted under the Texas Const~tu'aon, and the statutes of the State of Texas, including, but not by way of llwatatlon, VTCA Local Government Code, §51 O71 et seq (provisions applicable to home-rule mumcipahty) and §212001 et seq (mumcipal regulation of sub/hwslons and property development) It is hereby declared by the City Council that recreational areas m the form of neighborhood parks are necessary and m the pubhc welfare, and that the only adequate procedure to provide for same is by integrating such a requirement rote the procedure for planning and developing property or subdlwslons m the City, whether such development consists of new residential constmcuon on vacant land or the addmon of new dwelling umts on ex~stmg residential land (b) Neighborhood parks are those parks prowchng for a variety of outdoors recreational opportumt~es and vath~n convement distances from a majority of the residences to be served thereby The primary cost of neighborhood parks should be borne by the ultimate residential property owners who, by reason of the prorarmty of theft property to such parks, shall be the primary beneficiaries of such fac~ht~es Therefore, the following reqmrements are adopted to effect the purposes stated Sec 22-34 DEFINITION OF TERMS For purposes ofttus pohcy, the following terms shall be defined as follows (a) "Developer/Owner" - means the legal or beneficial owner or owners of a lot or any land proposed to be included In a proposed development including the holder of an option or contract to purchase, or other parson haxang an enforceable proprietary interest m such land (b) "ResldenUal Subdivision" - means the division or rediws~on of land rote five (5) or more lots, tracts, sites or parcels for the purpose of developing residential dwelhng umts (c) "Dwelling Umt" - means a braiding or portion of a budding wtuch is arranged, occupied or intended to be occupied as hxang quarters and includes facd~ties for food preparation and sleeping (d) '2qelghborhood Park" - Open space area encompassing five (5) to twenty (20) acres Neighborhood parks should pro, ade recreational land for residents vathtn an approximate one- half (1/2) wale service radms PAGE 2 (e) "Park Dedication Requirements"- Collectively, dedication and/or construction of park faclhtles, in heu dedication fee and park development fee Sec 22-35 APPLICABILITY The park ded~cataon reqmrements of tbas Article shall apply to every residentml subdivision and every building pemut for construction ora dwelling urat approved after the effective date ofttus ordinance, except as hereinafter expressly proxaded to the contrary (a) Land dechcatton reqmrements set forth m sec 22-37 shall not apply to an apphcatlon for approval of a prehn~nary or final plat for a residentaal subdivision that was lmtially filed before the effective date of this ordinance, and wbach plat has not expired For all plat applications for a resldentaal subdiwsion filed at, er the effective date of ttus ordinance, land dedication and/or construction requirements for park facdaies shall be imposed at the time of prehrmnary plat approval (b) Keqmrements for payment of fees m lieu of park land dedication set forth in sec 22-38 shall not apply to any final plat for a residential subdixasion that was approved prior to the effective date of th~s ordinance, nor to any application for a braiding permmt vatlun such subdivision therea~er filed, proxaded that no replat is necessary Fees m lieu of park land dedication for all other residentaal subdlxasions shall be pa~d at the t~me of release of the final plat for any port,on of the subdiwsion by the City for filing m the Denton County plat records (c) Reqmrements for park development fees set forth m sec 22-39 shall not apply to any apphcation for a braiding penmt m a residential subdivision that was filed prior to the effectave date of tlus ordinance Park development fees for all other residential budding pernuts shall be prod prior to issuance of such penmts (d) Follovang imt~al unposmon and satisfaction of park dedication reqmrements, additional requirements shall apply to rexased plat apphcations for residential subdivmslons and to renewed apphcations for bmldmg pernuts to construct residential dwellings only ff such rewsed or renewed application results in an increase in the number of dwelling umts In such case, park dedication reqmrements then m effect shall apply only to the additional dwelhng umts proposed in the apphcataon Sec 22-36 PLANNING (a) It is the pohcy of the City of Denton to reqmre Developer/Owners of residential subdixas~ons and lots to provide for park land and park facihtles at the tune of development approval m proportion to the need for such improvements created by the developments and in proportion to the benefits received from contribution of such facdmes It is the City's further policy to unpose park dedication reqmrements consistent w~th the City's Comprehensive Plan and officially adopted park and recreation plan PAGE3 (b) The City of Denton shall reqmre developers of resldentml subdivisions or lots to dedicate land for neighborhood parks, make payment of cash in lieu thereof, make payment of cash for park development fees or construct recreational or park improvements m lieu thereof, or reqmre dedication of adchtlonal park land, as heretna~er prowded, for park purposes to meet the park and recreational needs as a condmon of the development approval The City shall have the right, m ItS sole discretion, to reqmre a combination of park land dedicat~on and/or payment of cash m hen thereof, and/or payment of cash for park development fees and/or construction of recreal~onal and park improvements in lieu thereof in order to meet park dedication requirements (c) The City of Denton shall base park dedication reqmrements on the number of persons expected to reside in a development The standard for public park land shall be 2 5 acres per 1,000 population For each resldent~ subdivision, the follovong formula shall be used to calculate park land needs 2.5 Acres x (No ofUmts~ x (Persons/Umt~ = Acres to be dedicated 1,000 populauon The number of persons per umt shall be based on both current U S Census information and data compded by the City and shall be periodically reviewed and updated The following figures represent the average number of persons per umt by current density categories, and shall be used to calculate park land dedications 1 Single Fan~ly Detached/Duplex 2 8 Persons/Umt 2 Multl-Fan~ly 1 8 Persons/Umt (d) Park Development Fees shall be based upon an assumed cost of typical unprovements for a 1 five (5) acres neighborhood park of $208,000 Development costs shall be apporaoned among types of dwelhngs umts and park development fees shall be charged in accordance w~th the following formula 1 Single Farmly Dwelling $291 2 Multl-Fanuly Dwelling $187 (e) Where a substantial private park and recreational area is prowded In a proposed residential subdlWSlOn and such area is to be privately owned and mamt~uned by the future residents of the subchWSlOn, partial credit may be g~ven to the Developer/Owner, not to exceed 50% of the total acreage reqmrements for land dedication if the City finds that it is m the pubhc interest to do so and that all the following standards are met (1) That yards, court areas, setbacks and other open areas required to be maintained by the zomng and subdlxnslon rules and regulations ordinances shall not be included m the computation of such private open space, PAGE4 (2) That the private owners[up and mmntenance of the open space ts adequately provided for by recorded agreement, covenants or restncttons, (3) That the use of the private open space ts restricted for park and recreataon purposes by recorded covenant, w[uch runs vnth the land m favor or future owners of the property and w[uch cannot be defeated or ehnunated w~thout the wntten consent of the Oty or lt$ stlccessors, (4) That the proposed pnvate open space ts reasonably adaptable for use for park and recreational purposes, tahng into conslderatton such factors as s~ze, shape, topography, geology, access and location, (5) That faahttes proposed for the pnvate open space are in substanttal accordance vath the prov~sions of the Comprehenstve Plan, Parks and Recreation Plan and other adopted plans of Oty, and (6) That the pnvate open space for w[uch credit ~s given ~s a nammum of two (2) acres and provades a mum of four (4) of the local park elements hsted below, or a eombmaUon of such and other recreational tmprovements that vall meet the specific recreatton park needs of the future residents of the area Cntena hst Credit Acres C[uldren's play apparatus area 50 - 75 Landscape park-hke and qmet areas 50 - 1 00 Family p~cmc area 25 - 75 Game court area 25 - 50 Tuffplayfield 1 00- 3 00 Svammmg pool (42' X 75') [vath adjacent deck and lawn areas] 25 -50 Recreataon center budding 15 -25 Recreataon commumty garderang 15 -25 Before credit is 10yen, the City shall make wntten findings that the above standards are met Sec 22-37 LAND DEDICATION (a) Dedtcat~on of park land shall be proporttonal to the number and type of dwelling umts proposed for a resldenttal subd~vls~on The number of acres of land to be dedicated shall be determined using the formula tn see 22-36(c) (b) Where a proposed residential subdixaslon contains mult~-farmly dwelhng umts and reformation ~s not provided concerrang the number of such umts, the Oty shall assume the [ughest density allowed for the property to detenmne the projected population for the development PAGE5 (c) The land required to be dedicated or conveyed may be located inside or outside the sub&v~slon development so long as the land is located vatlun one-half (1/2) to one (1) nule of the periphery of the development so as to serve or benefit the residents of such sub&vmon (d) The Parks and Recreation Department, based upon review of the prehnunary plat, ~mtially shall deternune the feas~bihty of park land dedication for a residentml sub&wslon and the mount of land to be dedicated to the City for neighborhood park purposes, utilizing site selec~on criteria c0ntamed in sec 22-41 The Department's deterrmnation shall be forwarded to the Denton Department of Planmng and Development for processing w~th the prehrmnary plat (e) In residential sub&wsions wluch are to be platted m two or more phases, the required park land dedicatton, pursuant to tlus or&nance, must be prowded in each phase of the sub&wslon v~th one exception In its sole &scretlon, the City may authorize the developer to reserve park land for de&cation m subsequent phases of the sub&wslon by paying into a City escrow fund a dollar amount equal to the fees in heu of de&cation othervase due for the phase under s~c 22-38 The form and prows~ons of the escrow agreement shall be approved by the City Attorney and City Engineer The escrow funds must be pad to the City prior to the filing of the first phase final plat and shall be maintained in the escrow fund pending the platUng of the project phase that contains the park land to be dedicated Escrow funds ~ be returned to the developer, w~thout interest, upon the filing of the final plat for the subsequent phase that de&cares the required park land In addition, the developer shall de&cate a reversionary public a~ess easement on the final plat of the imtaal phase(s) where necessary to prowde effective pubhc access, mmntenance and use of any park land to be dedicated (f) If a replar is filed, the de&cation requnements shall be controlled by the regulations m effect at the tune of onflmal platting, except that land dexhcatlon (or fee m lieu of) reqmrements then m effect shall be apphed to any addmonal dwelhng umts proposed for the replat Sec 22-38 PAYMENT OF FEES 1N LIEU OF PARK LAND DEDICATION (a) If the calculation for reqmred park land vathm the proposed sub&v~slon development results in 10ss than five (5) acres or does not meet criteria as per sec 22-41, the Parks and Recreation Department shall determine the amount of a fee m Leu of park land de&cation in accordance vath tlus section (b) The amount of the fee m lieu of park land dedication shall be calculated as follows The Department first shall determine the total amount of land required to be dedicated ~n a~',cordance vath sec 22 -37 The value of the land shall be calculated as the average estimated f~lr market value per acre of the land betas sub&v~ded at the time of prelmunary plat approval, reduced by the value of any land actually to be dedicated for park purposes The net value of the land othervase to be dedicated shall be apportioned among the total number of dwelling umts proposed for the residential sub&v~slon and by dwelhng umt type (c) If the Developer/Owner objects to the far market value determination, the Developer/Owner, PAGE 6 at bas own expense, may obtain an apprmsal of the property by a State of Texas certtfied real estate apprmser, mutually agreed upon by the City and the Developer/Owner, wbach apprmsal wtll be considered by the City m determ~mng fatr market value AIl costs required to obtain such appraisal shall be borne by the Developer/Owner (d) Park dedication fees shall be unposed at the t~me ofprehn'nnary plat approval Fees shall be paid pnor to release by the City of any final plat for fihng m the deed records of Denton County Park dechcation fees estabhshed for the prelunmary plat shall apply to subsequent approved final plats for a penod of two years from the date of prehnunary plat approval by the Planning end Zornng Comrmsslon ThereaRer, park dedlcanon fees shall be redeternuned and applied to final plats in accordance w~th subsection (b), using current apprmsed value of land m the subd~v~sion at time of final plat subrmttal (e) All fees collected shall be used for the acquisition of land for a neighborhood park, or development or construction of unprovements to erastm8 park land, w~thm one-half (1/2) mile of the penphety of the proposed subdlws~on development However, ~f [1] such acqu~smon opportumties are not avatlable, or [2] erastmg park land is akeady developed or ~mproved, w~thm one-half (1/2) nule of the proposed subdivision development, then areas wthm one (1) rrnle of the penphery of the proposed subd~v~sion development may be considered for the acqulmt~on, of neighborhood park land and/or construetmon of unprovements to exmstmg park land w~thm such periphery Sec 22-39 PAYMENT OF PARK DEVELOPMENT FEES (a) Park development fees shall be estabhshed for the purpose of funding neighborhood park improvements Fees shall be proporttonal to the cost of neighborhood park fac~h'aes, the demand for wbach is 8enerated by each new dwelling umt Fees shall be estabhshed separately for smgle-farmly and multi-family dwelhng urats Current park unprovement costs and park development fees are set forth m sec 22-36(e) (b) Park development fees shall be nnposed at the time of building perrmt application and shall be pard prior to mssuance of btuldmg pernuts for the number of dwelling umts des~flnated m the apphcanon (c) Park development fees shall be expended on park unprovements located mn a neighborhood park that benefits the dwellm8 umt paying the fee, typically wtban one-half (1/2) to one ( 1 ) nule of the subdiwsion m wbach the dwelhn8 umt ms located The criteria for select,on of the park site for improvements shall be the same as set forth m sec 22- 41 (d) The standard costs for development of a neighborhood park as set forth m §22-36(d) may be updated from tune to tune on the basis of current development costs, and park development fees shall be adjusted to reflect such updated development costs PAGE 7 Sec 22-40 SPECIAL FUND, RIGHT TO REFUND (a) There ~s hereby estabhshed a special fund for the deposit of all fees m heu of park land dedication collected under flus article, wluch fund shall be known as the park land dedtcat~on fund Wltlun the fund, fees prod shall be earmarked for acqulsit~on of new neighborhood parks or for unprovements m ex~stmg parks generally located vatban one-half (1/2) to one (l) nule of the residential subd~v~sion upon wluch the fee is imposed (b) There is hereby estabhshed a special fund for the deposit of all park development fees collected under thts article, wluch fund shall be known as the park development fund Wltlun the fund, park development fees prod shall be earmarked for expenditure on park improvements m a neighborhood park generally located wtlun one-half (1/2) to one (1) mile of the subdlws~on In wluch the dwelhng umt for wluch the fee is pa~d ~s located (c) All fees ~n heu of park land dedicat~on and all park development fees prod must be expended vatlun ten (10) years ~om the date of receipt for park facd~t~es benefiting the residenual subd~wsion or dwelling umt for which the fees are pa~d Fees shall be considered expended ff they are spent for aeqtusit~on or development, respectively, of neighborhood parks located w~tlun one-half (1/2) to one (1) rntle of the subd~ws~on for which the fees were pa~d vottun the ten-year penod If fees are not expended wflun such penod, the Developer/Owner shall be entitled to a refund of the pnncipal deposited by the Developer/Owner m such fund, together w~th accrued interest The Developer/Owner must request such refund m writing wnlun three hundred s~'ty-five (365) days of entitlement or such nght shall be waived (d) Interest accruing to the park land dedication fund and to the park development fund shall be expended on neighborhood park land aeqmsmon and for neighborhood park improvements, respe~vely Sec 22-41 SITE SELECTION/CHARACTERISTICS OF PARK (a) In selecting a s~te for a park, the Oty shall avoid an aecumulauon of unrelated parcels of land or an accumulation of land unstntable for park purposes (b) Parks shall be selected on the bas~s of obtaining natural, park-hke settings where avmlable and shall consist of diverse topography and open space statable for the development of recreational facilities (c) Neighborhood park s~ze should be a mammum of five (5) acres and obtained as one complete parcel If a development parcel cannot provide the rmmmum five (5) acre parcel or a smaller parcel wluch can potentially be contiguous to eyastmg or future park parcels, then a fee m hen of park land or a combmauon of fee and park land dedication shall be reqmred m accordance w~th sec 22-37 (d) Park sites shall be located, whenever possible, adjacent to and contiguous w~th school sites and other public or non-profit agency sites in order to make mammum use of common facdmes and PAGE8 g~ounds (e) Careful consideration shall be gjven to the need for development of parks around natural drainage and wooded areas, which provide potential recreational uses Criteria for floodplain areas (based upon 100 year storm) usage is as follows 1 Floodplain and natural drmnage areas shall generally not exceed seventy five (75%) percent of the total park site 2 At least fffiy (50%) percent of required dedicated park land shall have slopes m range of 2-5%, well dnuned, and statable for acttve use development 3 Floodplmn acreage may be dechcated at a ratio of three to one (3 1 ) m acres m heu of non-floodplmn property Any consideration of addmonal floodplmn acreage shall be as agreed upon between the Parks and Recmatton Departmem and the Developer/Owner (f) Proposed park land boundaries shall proxade street frontage for readily accessible entry rote the park area by the pubhc and water, samtary sewer and electric tmprovements shall be readily avadable to the park from an adjacent street right-of-way or pubhc ut~hty easement If the Developer/Owner requests delay m the constmctmn of sa~d unprovements because of phasing of subdivision development, the Developer/Owner shall escrow sufficient funds m behalf of the City, the form and prowslons of such escrow agreement shall be approved by the City Attorney and the C~ty Engineer, to cover the cost of such construction as determined by the C~ty En~neer (g) Prior to dedication of land, the Developer/Owner shall make full dtsclosure of the presence of any hazardous substances and/or underground storage tanks (U S T's) of wbach the Developer/Owner has knowledge The C~ty, at ~ts d~scretlon, may proceed to conduct such lmt~al environmental tests and smveys on the land, as ~t may deem appropriate, and the Developer/Owner shall grant to the C~ty and its agents and employees such reasonable access to the land as is necessary to conduct such surveys and tests (h) If the results of such surveys and tests md~cate a reasonable poss~b~hty of enwronmental contarmnat~on or the presence ofU S T s, the City may reqmre further survey and tests to be performed at the Developer/Owner's expense as the City may deem necessary prior to its acceptance of the dedication, or m the altemanve, the Developer/Owner may be reqmred to Identify alternative property or pay the fees m heu of such park land ded~carton 0) The park s~te shall be free of trash and debns and ffthe dedicated park land's natural con&t~on ~s disturbed during constmctton of subdivision ~mprovements then Developer/Owner shall be responsible for remrmng the dedicated land to its natural condtt~on prior to or at the ttme of final plat fihng and the pubh¢ ~mprovements to be constructed per the applicable subdlws~on plat will not be accepted by the C~ty until such t~me that the above condtt~ons have been met PAGE9 Sec 22-42 DECISION MAKING, APPEALS Unless otherwise provided herein, an a~on by the City In detemumng compliance with the terms of tbas article refers to a determination by the Parks and Recreation Department The Developer/Owner of land subject to park dedication requirements may appeal any determination by the Parks and Recreation Department under flus article to the City Council for a final decision The appeal shall be m wntmg and shall be filed with the Planmng and Zoning Comrmssion, wtuch shall make its recommendation to the City Council The City Council will not review the appeal of any deternunataon by the Parks and Recreation Department without first obtauung the recommendation of the Planning and Zoning Comrmsslon No final plat shall be approved by the Plaunmg and Zomng Comnusslon wluch vanes the terms of flus article or wtuch does not comply with the Parks and Recreation Department's deternunatlon without final resolution of the appeal by the City Council SECTION II That any person wolatmg any provision of flus ordinance shall, upon conv~ctlon, be fined a sum not exceeding a ~um amount of 500 00 Each day that a prowslon of flus ordinance is violated shall constitute a separate and d~stmct offense SECTION III. That ff any section, subsection, paragraph, sentence, clause, phrase or word m flus ordinance, or apphcation thereof to any person or circumstances is held mvahd by any court of competent jurisdiction, such holding shall not affect the validity of the remaamng portions of flus ordmence, and the City Council of the City of Denton, Texas hereby declares it would have enacted such remauung poraons despite any such validity SECTION IV. That save and except as amended hereby, all the provisions, sections, subsections, paragraphs, sentences, clauses, and phrases of Chapter 22 of the Code of Ordinances shall remain in full force and effect SECTION V That flus ordinance shall become effective fourteen (14) days from the date of its passage, and the City Secretary is hereby directed to cause the caption of flus ordinance to be published twice in the Denton Record-Chromcle, a da~ly newspaper published in the City of Denton, Texas, within ten (10) days of the date of its passage . P'ASSED AND APPROVEDflusthe //*'/~'~'~ dayof ~/~/~/ ,1098 ATTEST JENNIFER WALTERS, CITY SECRETARY PAGE 10 APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY PAGE 11