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22-2070ORDINANCE NO. 22-2070 AN ORDINANCE OF THE CITY OF DENTON REPLACING CHAPTER 22 OF THE CODEOF ORDINANCES IN ITS ENTIRETY AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council recognizes that the establishment of rules and regulations of public open space is in the interest of public welfare, and an effective method to provide for the same is the incorporation of such in the City’s rules, regulations, and ordinances, and WHEREAS, the City of Denton (“City”), finds it in the best interest of the citizens of the City of Denton, to review, update, and amend, from time to time as needed, Chapter 22 – Parks and Recreation, to make sure it provides support and direction based on City Council policies; and WHEREAS, the amended text of Article I, Article II, and Article III of Chapter 22 of the Code of Ordinances aligns with evolving Parks and Recreation practices and procedures and with the laws of the State of Texas and, WHEREAS, the amended text of Chapter 22 shall include updating all gender related language to gender neutral language as well as the following: In Section 22-5, Article I, Chapter 22 of the Code of Ordinances, as hereby amended, temporary additions to the Parks, Recreation, and Beautification Board will no longer be supported; and In Section 22-6, Article 1, Chapter 22 of the Code of Ordinances as hereby amended, the Economic Development Director will no longer serve as an ex-officio member on the Public ArtCommittee; and In Section 22-26, Article II, Chapter 22 of the Code of Ordinances as hereby amended, the City maintains certain regulations for the permitting of food trucks and delegates authority for the designation of special use of parking spaces to the City Manager; and In Section 22-28, Article II, Chapter 22 of the Code of Ordinances as hereby amended, certain additional regulations of facility and program fees maintain, and the authority to make, execute, and deliver Special Instructor Agreements with personal trainers and other program managers resides with the City Manager; and In Section 22-3 1, Article II, Chapter 22 of the Code of Ordinances as hereby amended,during privately leased or rented events, the lessee/renter may set forth restrictions on the allowance of firearms within the rented area, while in all other public spaces not under control of the renter, Texas Penal Code Chapters 30.06, 30.07, and 46.03 will maintain regarding the possession of firearms on government owned property, and the use of electric motor vessels on bodies of water within parks is prohibited; and In Section 22-32, Article II, Chapter 22 of the Code of Ordinances as hereby amended, the prohibition against possession of alcoholic beverages found in Section 22-32(a) of the same will not apply in Wolff s Park and Rayzor Ranch Park; and In Section 22-34, Article III, Chapter 22 of the Code of Ordinances as hereby amended, the definitions of residential development and dwelling units are clarified; and In Section 22-35, Article III, Chapter 22 of the Code of Ordinances as hereby amended, certain regulations regarding residential development and plat submittal, building permitting, andpark development requirements are clarified; and In Section 22-36. Article III, Chapter 22 of the Code of Ordinances as hereby amended, the definition of a residential development is further clarified; and In Section 22-39. Article III, Chapter 22 of the Code of Ordinances as hereby amended,plats for residential developments submitted before August 1, 2022, will be subject to the development fee structure in Ordinance 98-039; and In Section 22-43, Article III, Chapter 22 of the Code of Ordinances as hereby amended, the requirements for timing and payment of park fees for residential development is clarified.NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY ORDAINS : SECTION 1. Chapter 22, Articles I, II and III of the City of Denton Code of Ordinances is hereby deleted in its entirety and replaced with a new Articles I, II and Ill entitled “Chapter 22” attached hereto and incorporated herein as Exhibit A. SECTION 2. If any section, subsection, paragraph, sentence, clause, phrase or word in this ordinance, or application thereof to any person or circumstances is held invalid by any court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this ordinance, and the City Council of the City of Denton, Texas hereby declares it would have enacted such remaining portions despite any such invalidity. SECTION 3. This ordinance shall become effective August 1, 2022, for all projects thatsubmitted preliminary plat by said date and will be subject to Park Dedication Ordinance 98-039 for park dedication and development fee. The City Secretary is hereby directed to cause the captionof this ordinance to be published twice in the Denton Record-Chronicle, a daily newspaper published in the City of Denton, Texas within ten (10) days of the date of its passage The motion to approve this ordinance was made by JesSe E)by , S and seconded by JAI_b)__, the ordinance was passed and approved by the following vote [ 6 - C> 1: Aye Nay Abstain Absent Mayor Gerard Hudspeth:\/ 7 ,/ a ,/ a Vicki Byrd, District 1 : Brian Beck. District 2 : Jesse Davis, District 3 : VACANT, District 4 : Brandon Chase McGee, At Large Place 5 : Chris Watts, At Large Place 6: Page 2 of 3 PASSED AND ADOPTED thi, th, T d,y ,f f,L ,.Ar 9 2023 . SPETH, MAYOR A\\\t IJ tIlIIfATTEST: ROSA RIOS, CITY SECRETARY Harp/H APPROVED AS TO LEGAL FORM: MACK REINWAND, CITY ATTORNEYn,#.at++t/ BY: Page 3 of 3 Subpart A - CODE OF ORDINANCES Chapter 22 PARKS AND RECREATION Denton, Texas, Code of Ordinances Created: 2022-08-08 15:15:24 [EST] (Supp. No. 33, Update 3) Page 1 of 23 Chapter 22 PARKS AND RECREATION1 ARTICLE I. IN GENERAL Sec. 22-1. Board appointed. There is hereby created a park and recreation board which shall consist of seven (7) residents of the City of Denton, Texas. The members of the park and recreation board shall be appointed by the city council for a term of two (2) years. Board members shall be eligible for reappointment in accordance with section 2-65 of the Code. The board shall elect its chairperson from among its members, and he or she shall serve for two (2) years, or until his or her successor is elected and qualified. All members of the board shall serve without pay, and the board shall adopt such rules of procedure and other rules as may be necessary for the regulation of its business and affairs. The board shall be referred to as the parks, recreation, and beautification board and any reference to parks and recreation board, in this Code, shall be construed as referring to the parks, recreation, and beautification board. (Code 1966, § 15-2; Ord. No. 99-219, § 1, 6-15-99; Ord. No. 2000-436, § 1, 11-28-00) Charter reference(s)—Park and recreation board, § 11.02; boards and commissions, § 14.16. Cross reference(s)—Boards, commissions and committees, § 2-61 et seq. Sec. 22-2. Attendance. All members of the board shall comply with the provisions pertaining to all boards and commissions set forth in sections 2-61 through 2-65 and 2-81 through 2-84 of this Code. Section 2-83(c) states that the unexcused absence of any board member for more than three (3) regularly called and scheduled meetings of the board in any one (1) year or lack of attendance of more than fifty (50) percent of the number of regular meetings in a year, unless such absence is the result of a personal or family illness or death, shall be considered "cause," as that term is used in section 14.16 of the Charter, for removal of the member by the city council from such board. Board members shall be subject to removal in accordance with this section and other applicable provisions of this Code, the City Charter, and other applicable laws. (Ord. No. 99-219, § 1, 6-15-99) Sec. 22-3. Advisory board. The board shall serve in an advisory capacity to the city council and the director of parks and recreation. The board and the director of parks and recreation shall meet bi-monthly and at such other times as the board may, by resolution, determine. The board shall submit to the city council an annual report of its operations, together with its recommendations for the improvement of the park and recreation program as it may deem appropriate. 1Charter reference(s)—Parks and recreation, art. XI. Cross reference(s)—Animals generally, Ch. 6; recreation areas in mobile home or recreational vehicle parks, § 32- 85. Created: 2022-08-08 15:15:23 [EST] (Supp. No. 33, Update 3) Page 2 of 23 (Ord. No. 99-219, § 1, 6-15-99) Sec. 22-4. Duties. The board shall endeavor to stimulate public interest in the development and maintenance of parks and playgrounds and a well-rounded community-wide program, it shall endeavor to interpret the work of the park and recreation department and promote close cooperation between the city and all private citizens, institutions, and agencies, to the end that all park and recreational facilities and resources within, or controlled by, the city may make their maximum contribution to the public welfare. The board shall also be responsible for making recommendations to the city council and the parks and recreation director regarding issues and ordinances related to community appearance, beautification and the environment of the city and the entrances into the city. (Ord. No. 99-219, § 1, 6-15-99; Ord. No. 2000-436, § 2, 11-28-00; Ord. No. 2006-105, § 1, 4-18-06; Ord. No. 2013- 207, § 1, 8-20-13) Sec. 22-6. Public art committee. The city council shall establish and appoint a public art committee that will serve in an advisory capacity to the city council. The board shall meet bi-monthly and at such other times as the board may, by resolution, determine. The public art committee will make recommendations on the: • Commissioning, placing, and the installing of public art. • Implementation of funding mechanism(s) for public art. • Effective and efficient management of public art. • Ongoing maintenance of public art. • Accessioning, deaccessioning and resiting of public art. • Oversight of cultural districts. The public art committee will provide as appropriate an annual report detailing its goals and accomplishments related to the implementation of the public art policy. The public art committee will develop detailed guidelines outlining all aspects involved with the implementation of the public art policy. The public art committee will be a nine-member advisory committee, appointed by the city council. The city council will appoint two members representing the Greater Denton Arts Council. The Greater Denton Arts Council will nominate these two (2) members. The Greater Denton Arts Council Executive Director and the parks and recreation department director will serve as ex-officio members on the public art committee. The appointed members' terms, attendance and meeting structure will follow those established for all City of Denton boards and commissions in sections 2-61 through 2-83 in the Code and in the council-approved City of Denton Handbook for Boards, Commissions, and Council Committees. (Ord. No. 2006-105, § 2, 4-18-06; Ord. No. 2013-207, § 2, 8-20-13; Ord. No. 2019-1156 , § 1, 6-4-19) Secs. 22-7—22-25. Reserved. Subpart A - CODE OF ORDINANCES Chapter 22 - PARKS AND RECREATION ARTICLE II. PARK RULES Denton, Texas, Code of Ordinances Created: 2022-08-08 15:15:23 [EST] (Supp. No. 33, Update 3) Page 3 of 23 ARTICLE II. PARK RULES Sec. 22-26. Use of public parks; concessions; food trucks; special use of park spaces; unauthorized athletic field usage; posting of signs. (a) Public use. All parks and playgrounds acquired and maintained by the city shall be open to the use of the public under such reasonable rules and regulations as the city council may prescribe upon the recommendation of the park and recreation board. (b) Concessions. It shall be unlawful for any person to offer anything for barter or sale, exhibit anything for pay, conduct any place of amusement for which an admission fee is charged or render personal service or transportation of any character for hire in any public park in the city without first obtaining the privilege of doing so by contract with the city under such terms and conditions as may be provided by the city council after receiving the recommendation of the park and recreation board on each such contract. (c) Food Trucks. It shall be unlawful for any person or business to sell any food or beverage from any mobile food unit located within or upon any city park or recreation facility except by permit. Food truck permits will be administered by the Parks and Recreation Department. (i) A permit fee, as established by the city council and on file with the Parks and Recreation Department, shall be collected prior to issuance. (ii) Food truck permits will only be issued to vendors who meet the minimum standards for food service operations within the corporate limits of the City of Denton as set forth in Chapter 13 and first obtain a valid food service permit as administered by Consumer Health Department. Cross reference— Food and Food Establishment Rules generally, Ch 13. (d) Special Use of Park Spaces. The city manager, or their designee, is authorized to make, execute, and deliver, for and on behalf of the City of Denton, Park Use Agreements for use of park spaces, substantially in a form to be approved by city council, within the parameters set forth herein: (i) The Park Use Agreement cannot be for a duration of longer than one (1) year. (ii) A usage fee, as established by the city council and on file with the Parks and Recreation Department, shall be collected in accordance with the terms set forth in the agreement. (e) Facility Rentals. The city manager, or their designee, is authorized to make, execute, and deliver, for and on behalf of the City of Denton, the following facility use agreements for use of recreation facilities and fields by groups or individuals, substantially in a form to be approved by city council within the parameters set forth herein: (i) Agreement cannot be for a duration of longer than one (1) year. (ii) A usage fee, as established by the city council and on file with the Parks and Recreation Department, shall be collected in accordance with the terms set forth in the agreement. Created: 2022-08-08 15:15:23 [EST] (Supp. No. 33, Update 3) Page 4 of 23 a) Tournament Rental Agreement b) Cross Country Agreement c) Long Term Field Rental Agreement d) Mountain Bike Trail Agreement (f) Unauthorized use. It shall be unlawful for any person to: (i) Enter upon a City of Denton athletic field that has a sign posted "Closed due to Maintenance/Field Conditions" unless such person is a city employee or contractor performing athletic field maintenance, or (ii) Enter upon a City of Denton athletic field that has a sign posted "Field use with permit only" without having a City of Denton reservation permit that states the dates and times of usage, unless such person is a city employee or contractor performing athletic field maintenance. The city manager, or their designee, is authorized and directed to post the signs provided for above on or adjacent to City of Denton athletic fields. (Code 1966, § 15-3; Ord. No. 2003-070, § 2, 3-4-03) Sec. 22-27. Hours of operation. The city parks shall be closed to the public between the hours of 10:00 p.m. and 6:00 a.m. each day, and it shall be unlawful for any person to enter or be found in city parks between such hours, except for events approved or scheduled by the parks and recreation department or city council. (Code 1966, § 15-8) Sec. 22-28. Facility and program fees; specialty instructors; personal trainers; program partner (a) Facility and Program Fees. The department of parks and recreation shall charge and collect the fees for the use of buildings, facilities, amenities, and for recreational programs, services, and merchandise offered by the department in the amounts established in a "Schedule of Fees"* adopted annually and periodically throughout the year by ordinance of the city council. (i) The director of the department may set, charge and collect fees for classes, trips, equipment, merchandise, police or supervisory services, and other programs, services, events and merchandise provided or offered by the department where no fee is established in the "Schedule of Fees"*. The fee or charge shall be based on the costs of providing the event, service, equipment, or goods. Fees may be adjusted on an interim basis throughout the year as new services are added or to maintain parity with market trends. (ii) Some programs and services are provided by independent contractors which determine their fees and are thereby not listed in the “Schedule of Fees”*. (iii) Marketing promotions that affect fees will be approved prior to implementation by the City Manager or his/her designee. (b) Special Instructors. The city manager, or their designee, is authorized to make, execute, and deliver, for and on behalf of the City of Denton, Special Instructor Agreements for independent contractors to provide programs, special instruction, and classes, substantially in a form to be approved by city council, within the parameters set forth herein: Created: 2022-08-08 15:15:23 [EST] (Supp. No. 33, Update 3) Page 5 of 23 (i) The Special Instructor Agreement cannot be for a duration of longer than one (1) year. (c) Personal Trainers. The city manager, or their designee, is authorized to make, execute, and deliver, for and on behalf of the City of Denton, Personal Trainer Facility Use Agreement for independent contractors to provide instruction in recreation facilities, substantially in a form to be approved by city council, within the parameters set forth herein: (i) The Personal Trainer Facility Use Agreement cannot be for a duration of longer than one (1) year. d) Program Partner. The city manager, or their designee, is authorized to make, execute, and deliver, for and on behalf of the City of Denton, Program Partner Agreement to provide additional recreation opportunities, substantially in a form to be approved by city council, within the parameters set forth herein: (i) The Program Partner Agreement cannot be for a duration of longer than one (1) year. (Code 1966 § 15-3.1; Ord. No. 91-055, § I, 4-2-91; Ord. No. 93-206, § I, 11-2-93; Ord. No. 99-311, § 1, 9-7-99; Ord. No. 2003-267, § 1, 9-2-03; Ord. No. 2004-262, § 1, 9-21-04; Ord. No. 2005-015, § 1, 1-18-05; Ord. No. 2009-224, § 1, 9-22-09) *Note—Said "Schedule of Fees" is not set out herein but is available for inspection in the offices of the city. Sec. 22-29. Signs and other advertising devices on city-owned park property. (a) It shall be unlawful for any person to place or erect any structure, sign, bulletin board, post, pole or advertising device of any kind in any park or playground or to attach any notice, bill, poster, sign, wire, rope or cord to any tree, shrub, fence, railing, post or other structure in any park or playground in the city without specific permission from the city council. (b) The city manager, or their designee, is authorized to make, execute, and deliver, for and on behalf of the City of Denton, Facility Utilization Agreements for Youth Sports Associations, substantially in a form to be approved by city council, within the parameters set forth herein: (i) The Facility Utilization Agreement cannot be for a duration of longer than one (1) year. (ii) The Facility Utilization Agreement may allow for the placement of advertisements on city property only as permitted under chapter 33 of the Code of Ordinances. (ii) No sign placed on city property under this delegation may advertise for any of the following: Political campaigns, alcoholic beverages, establishments or businesses where the majority of gross income is obtained from the sale of alcoholic beverages, tobacco products of any type, sexually oriented businesses, and/or products or services sold by sexually oriented businesses. (Code 1966, § 15-4; Ord. No. 2018-246, § 3, 2-6-18) Cross reference(s)—Signs and advertising devices generally, Ch. 33; see § 33-2 Definition of "Sign", exception "u". Sec. 22-30. Vehicles and animals. (a) Commercial vehicles prohibited. It shall be unlawful for any person to operate any heavily laden vehicle, or any vehicle engaged in business or commercial transportation or activity of any kind over any street, drive, Created: 2022-08-08 15:15:23 [EST] (Supp. No. 33, Update 3) Page 6 of 23 parkway or boulevard in any public park in the city, except under authority expressly granted by the director of parks and recreation. (b) Vehicles and animals limited to certain areas. It shall be unlawful for any person to operate or drive any automobile, motorcycle or other vehicle or to lead, drive or ride any animal over or through any park, except along and upon park streets, drives, parkways or boulevards. (c) Hitching, tethering or pasturing animals prohibited. It shall be unlawful for any person to tether or pasture any animal in or upon any park or playground or to hitch any horse or other animal to any tree, shrub, fence, railing or other structure in any park or playground. (d) Parking restrictions. It shall be unlawful for any person to park any vehicle in a park, except in places designated by the city for such purposes, and it shall be unlawful for any person to park or permit to remain parked any vehicle owned by or under such person's control on park property after 10:00 p.m. or before 6:00 a.m., unless participating in an activity which is scheduled by or with the approval of the city. (Code 1966, § 15-5) Cross reference(s)—Animals generally, Ch. 6; motor vehicles and traffic generally, Ch. 18. Sec. 22-31. Prohibited acts. In addition to the prohibitions set forth in section 14-87 of this Code, it shall be unlawful for any person to either perform or permit to be performed any of the following acts: (1) Mark, deface, disfigure, injure, tamper with or displace or remove any buildings; bridges; tables; benches; fireplaces; railings; paving or paving material; water lines or other public utilities or parts or appurtenances thereof; signs, notices or placards, whether temporary or permanent; monuments, stakes, posts or other boundary markers; or other structures or equipment, facilities or park property or appurtenances whatsoever, either real or personal; (2) Throw, discharge or otherwise place or cause to be placed in the waters of any fountain, pond, lake, stream, bay or other body of water in or adjacent to any park or any tributary, stream, storm sewer or drain flowing into such waters any substance, matter or thing, liquid or solid, which will or may result in the pollution of the waters; (3) Bring in the park to dump, deposit or leave any bottles, broken glass, ashes, paper, boxes, cans, dirt, rock, rubbish, waste, wood, garbage, refuse or other household or commercial trash, containers, equipment or appliances. All refuse, trash or other material created through the use of the parks shall not be placed in any waters in or contiguous to any park or left anywhere on the grounds thereof, but shall be placed in the proper receptacles where provided, and if not provided all such rubbish, trash or waste shall be carried away from the park by the person responsible for its presence and properly deposed of elsewhere; (4) Swim, bathe or wade in any waters or waterways in or adjacent to any park, except in such waters and at such places as are provided therefor and in compliance with such regulations as are set forth in this chapter or may be hereafter adopted; (5) Bring in or dump, deposit or leave any noxious, hazardous or flammable materials or substances, either solid or liquid, on park property; (6) Start or maintain a fire in a park except in a fireplace or grill at a site designated by the parks and recreation department; to leave the park without extinguishing a fire started or maintained by that person; to burn wood found in the park or to deposit hot coals in trash receptacles; Created: 2022-08-08 15:15:23 [EST] (Supp. No. 33, Update 3) Page 7 of 23 (7) Camp in a park other than in an area designated by and with the written permission of the parks and recreation department; (8) During privately leased or rented events, the lessee/renter may set forth restrictions on the allowance of firearms within the designated area being leased/rented provided signs are posted that set forth those restrictions and comply with the mandates of Texas Penal Code Chapter 30.06 and 30.07. Within all other public spaces not under the control of the renter, Penal Code Chapters 30.06, 30.07, and 46.03 are in effect regarding the possession of firearms on government owned property. (9) Move or carry away any sod, sand, earth, tree, wood, shrub, flower or other landscaping in a park or to trample, injure or destroy plant material and park fixtures or facilities, except as required by article IV of chapter 6 of this Code; (10) Hit a golf ball in a park except in areas designated by the parks and recreation department; (11) Take any fish or other aquatic life from park water areas by any means except a hook and line using natural or artificial baits. All seines are prohibited; (12) Operate or cause to be operated on any body of water in any park any vessel or vehicle equipped with an internal combustion or electrical engine designed or altered to propel such vessel or vehicle in water. (Code 1966, § 15-6; Ord. No. 89-013, § I, 1-17-89; Ord. No. 2003-091, § 2, 3-25-03; Ord. No. 2018-1045 , § 2, 6-26- 18; Ord. No. 2018-1123 , § 7, 11-6-18) Sec. 22-31.1. Reserved. Editor's note(s)—Ord. No. 2018-1123, § 8, adopted November 6, 2018, repealed § 22-31.1, which pertained to smoking or other use of tobacco products prohibited. See Code Comparative Table for complete derivation. Sec. 22-32. Possession and consumption of alcoholic beverages. (a) It shall be unlawful for any person to consume or possess any alcoholic beverage while on the premises of any: (i) City park; (ii) Public Improvement located within a city park; or (iii) Vehicle parking area of any city park. (b) The prohibition contained in section 22-32(a) shall not apply to the possession or consumption of an alcoholic beverage in Quakertown Park, which includes the Civic Center Building, Wolff’s Park, Rayzor Ranch Park and North Lakes Park, excluding North Lakes Recreation Center, during an activity, event or rental of space approved by the city in advance. The approval contemplated by this subsection may be granted by the city manager or their designee. (c) For purposes of this section, the term "alcoholic beverage" is as defined in the Texas Alcoholic Beverage Code. (Ord. No. 2004-081, § 2, 3-23-04; Ord. No. 2009-251, § 2, 10-6-09; Ord. No. 2011-236, § 2, 12-6-11) Editor's note(s)—Ord. No. 2004-081, § 2, adopted Mar. 23, 2004, repealed § 22-32, in its entirety and enacted new provisions to read as herein set out. Prior to amendment, § 22-32 pertained to consumption of alcoholic Created: 2022-08-08 15:15:23 [EST] (Supp. No. 33, Update 3) Page 8 of 23 beverages and derived from Code 1966, § 15-7; Ord. No. 89-081, § I, adopted June 20, 1989; and Ord. No. 95-153, § I, adopted Aug. 15, 1995. Cross reference(s)—Alcoholic beverages generally, Ch. 5. ARTICLE III. PARK DEDICATION Sec. 22-33. Purpose. (a) This Article is enacted in accordance with the home rule powers of the City of Denton granted under the Texas Constitution, and the statutes of the State of Texas, including, but not by way of limitation, Texas Local Government Code § 51.071 et seq. and § 212.001 et seq. as may be amended from time to time. (b) Parks provide for a variety of outdoor recreational opportunities that serve areas within a park zone. The acquisition of land and development of the infrastructure and facilities necessary to facilitate usage of these parks should be based upon the demand from the area residents they are intended to serve. The primary cost of parks should be borne by the owners of residential property who shall be the primary beneficiaries of such facilities. That any residence is located within the same park zone as any park shall be prima facie proof that the owner(s) of such residence is a beneficiary of such park. (c) The ordinance recognizes two types of parks: parks that provide outdoor recreation opportunities for residents within the same park zone as their homes such as neighborhood and community parks; and city- wide parks that provide outdoor opportunities for all city residents. The primary cost of new, expanded or renovated city parks should be borne by all new city residents who have created the demand for them. Development fees collected for neighborhood or community parks in park zones may be used to acquire or improve city parks if it can be shown they benefit residents within that zone. (d) To ensure a rough proportionality between the dedication required from a developer and the demand from occupants of residents in a new development, the City has determined that new residents’ demands for parks will be the same as those of existing residents in the area of the City surrounding any new development. Section 22-34. Definition of Terms. (a) For purposes of this Article, the following terms shall be defined as follows: (1) 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 person having an enforceable proprietary interest in such land. (2) Residential Development may include the following: a. The division or redivision of land into five (5) or more lots within one year for the purpose of developing single-family detached dwelling units or townhomes. 9 b. The division or redivision of land into three (3) or more lots within one year for the purpose of developing duplexes, c. The division or redivision of land into two (2) or more lots for the purpose of developing triplexes or fourplexes d. The platting and/or construction of multifamily dwellings (3) Multifamily Dwelling means one or more buildings on a single lot containing five or more dwelling units. This definition includes single room occupancy, co-housing, and residential condominiums developed on a single lot. This definition does not include duplex, triplex, fourplex, or tiny home development. (From DDC 9.2 Definitions) (4) Dwelling unit means a building or portion of a building which is arranged, occupied or intended to be occupied as living quarters and includes facilities for food preparation and sleeping. (5) Park zone means one of several zones within the City as established or amended by City Council as a park zone by ordinance. The park zones shall be large enough to offer flexibility for acquiring parkland, while being responsive to the needs of new development. (6) Neighborhood / Community Parks means open space area that provides recreational land and opportunities for outdoor activity for residents who reside within the same park zone as the open space area. The primary cost of a neighborhood park should be borne by residents within the same park zone as the neighborhood park. (7) City Park means open space area that provides recreational land and opportunities for outdoor activity for all city residents. The primary cost of a city park should be borne by all new city residents who have created the demand for the park. (8) Park dedication requirements means, collectively, dedication and/or construction of park facilities, in- lieu dedication fee, and park development fee. Section 22-35. Applicability. (a) The park land dedication requirements of this Article shall apply to every Residential Development for which a preliminary plat application or, for Residential Developments that have not submitted a preliminary plat application, a building permit, has been submitted after the effective date of the ordinance, except as expressly provided to the contrary herein. (b) The park development requirements of this Article shall apply with respect to every building permit associated with a Residential Development submitted after the effective date of the ordinance, except as hereinafter expressly provided to the contrary. (c) This Article does not apply to the remodeling, rehabilitation or other improvement of an existing residential structure, or to the rebuilding of a structure, except to the extent to which such activity results in the creation of additional dwelling units. 10 (d) Pursuant to Chapter 245 of the Texas Local Government Code, applications for building permits shall be subject to the dedication requirements of this Code, if any, in effect at the time of the application or at the time of any increase in the number of dwelling units over an original application. (e) To the extent that any revised applications for Residential Development or renewed applications for building permits to construct residential dwellings would result in an increase in the number of dwelling units, the park dedication requirements of this Article shall apply to the additional dwelling units proposed in the application. (f) Where a proposed Residential Development contains multifamily dwelling units and information is not provided concerning the number of such units, the City shall assume the highest density allowed for the property to determine the project population for the development. (g) This Article does not apply where a detailed development agreement has been approved by City Council and: (1) Identifies the land to be dedicated, value of the land, site condition, maintenance agreement, conveyance process, and credits associated with the agreed upon dedication to be developed and executed; and / or (2) Outlines the improvements, value of the improvements, and fee credits associated with the agreed upon public improvement to be developed pursuant to Section 22-40. Section 22-36. General Requirements. (a) The City Manager or his/her designee shall administer this Article, with certain review, recommendation and approval authorities being assigned to the Parks, Recreation and Beautification Board and other city departments as needed. (b) As a condition of Residential Development, a developer shall be required to dedicate land for neighborhood, community, and city parks, pay a fee-in-lieu thereof, construct park improvements, or a combination of these options. The particular form of the requirement will be at the sole discretion of the City. In addition to the land dedication, a developer of residential property shall pay a park development fee as provided in Section 22-39 of this Article for neighborhood, community, and city parks, which will be used to pay the costs of developing the raw dedicated land into a functioning park. (c) Requirements herein are based on actual dwelling units for an entire development. Increases or decreases in final unit count may require an adjustment in fees paid or land dedicated. (d) The total amount of land dedicated for the development shall be dedicated in fee simple by filed deed if dedicated to the city and (1) Prior to the issuance of any site development building permits for multi-family development or (2) Prior to recordation of the final plat for a single family, duplex, or townhouse development. 11 (e) Notwithstanding subsection (d) above, for a phased development the entire park shall be platted concurrently with the plat of the first phase of the development, or the developer may provide the City with financial security against the future dedication by providing a bond, irrevocable letter of credit, or other alternative financial guarantee such as a cash deposit in the amount equal to the number of acres park land required, and in a form acceptable to the City. The amount of the financial guarantee shall be the amount of fee in lieu of land dedication. The financial guarantee will be released to the developer, without interest, upon the filing of the final plat for the subsequent phase that dedicates the required park land. Section 22-37. Park Land Dedication Guidelines and Requirements. (a) Any land dedicated under this Article must be suitable for park uses and meet requirements in this Article and the Denton Development Code. The guidelines and requirements in this Section shall be used in the dedication and design of park land in conjunction with the Park Land Dedication and Development Handbook. (b) When considering park land dedication, the developer should meet with the Parks and Recreation Department (PARD) before a development application is submitted to evaluate the suitability of the land. Additionally, PARD may request a site visit as a part of its determination. The following information may be required as a part of the process prior to accepting land for a public park dedication: (1) Lot dimensions or metes and bounds acreage of park land to be dedicated; (2) Total acreage of floodplain, and the acreage of land located outside the floodplain; (3) A tree survey; (4) A slope analysis; and (5) A Phase 1 Environmental Site Assessment identifying potential or existing environmental contamination liabilities. (c) General Guidelines Any park land dedicated to the City pursuant to the terms, conditions and requirements under this Article must be suitable for park uses and meet the following guidelines: (1) A current title report must be provided with the land dedication. (2) Wherever possible, park sites should be located contiguous with school sites or other public or nonprofit agency land in order to make maximum use of common facilities. (3) Encumbrances. Free and clear of any and all liens and encumbrances that may interfere with its use for park purposes. This includes overhead utility lines or easements of any type which might limit the land’s use as a park. The City’s representatives must be authorized to make onsite inspections of the property for the purposes of determining site suitability and identification of any visual hazards or impediments to park development and use. (4) Environmental Assessment. A Phase 1 Environmental Assessment is required on any land planned for dedication to the City. If the property owner or developer has any form of environmental assessment previously conducted on the tract, a copy of that assessment may be submitted for 12 this requirement. The City may initiate and/or require the developer to initiate additional specific environmental studies or assessments if the visual inspection of the site gives rise to the belief that an environmental problem may exist on the site. The employment of consultants necessary to evaluate any environmental issues relating to the site may be required by the City, providing the City makes such determination in good faith. If an environmental hazard is identified on the site, the developer must remove the hazard prior to its acceptance into the park system of the City. The City will not accept park land dedication sites encumbered by hazardous and or waste materials or dump sites. (5) Utilities. The developer shall be responsible for the provision of minimum utilities as outlined in the Park Land Dedication and Development Handbook, the Denton Development Code and other adopted design and construction guidelines as they apply to neighborhood, community, or city park. The City will be required to approve such location prior to final acceptance and release of fiscal requirements of a subdivision. (6) Parks should be easy to access and open to public view so they benefit area development, enhance the visual character of the City, protect public safety, and minimize conflict with adjacent land use. (7) Where appropriate, sites with existing trees or other scenic elements are preferred and may be reviewed by the City’s Urban Forester to make recommendations. (8) Rare, unique, endangered, historic or other significant natural areas will be given a high priority for dedication pursuant to this article. Areas that provide an opportunity for linkages between parks and/or trails or that preserve the natural character of the surrounding environment may be required by the City to be included in the park land dedication. (9) Land for dedication may be accepted by the City if it provides an opportunity to expand an existing or future city park or trail. (10) The property owner shall pay all taxes or assessments owed on the property up to the date of acceptance of the dedication by the City. A tax certificate from the County Tax Assessor shall be submitted with the dedication or plat. (11) Identified land that does not otherwise comply with the standards for park land dedication may be accepted as dedicated park land if the Director determines that the land will provide recreational, educational, or preservation opportunities for the surrounding community. A detailed development agreement including but not limited to identifying the land to be dedicated, value of the land, site condition, maintenance agreement, conveyance process, and credits associated with the agreed upon dedication will be developed and executed upon City Council approval. (d) Land Requirements 13 (1) The city in most cases will not accept a dedication that is smaller than 5 acres of contiguous land. (2) Land parcels that are unsuitable for development are typically unsuitable for a park. Hence, potential land to be dedicated should be selected prior to a subdivision being platted and acquired as a part of the development process. (3) Consideration may be given to land that is in the floodplain or may be considered “floodable” even though not in a federally regulated floodplain if, due to its elevation, it is suitable for park improvements. At the discretion of the City, land in floodplains may be considered as part of a dedication requirement on a three for one (3:1) basis. That is, three (3) acres of floodplain will be equal to one (1) acre of park land, but not more than 75% of the required land dedication shall be allowed in a floodplain. (4) Detention/retention areas may be used to meet dedication requirements provided the area enhances recreational opportunities and does not increase maintenance above normal standards. If accepted as part of the park, the detention/retention area design must meet the City’s standards and specifications. (5) Sites with existing trees or other scenic elements are preferred. The health and suitability of existing trees may be reviewed by the City’s Urban Forester for inclusion into a park. (e) Calculation of Land Dedication Amount The city shall base park dedication requirements on the number of persons expected to reside in a development and the present demand for park space by applying the following formula: 𝑁𝑘.𝑘𝑎 𝑈𝑘𝑖𝑟𝑟∗𝐶𝑎𝑘𝑟𝑖𝑟𝑦 𝐹𝑎𝑎𝑟𝑘𝑟 𝑃𝑘𝑘𝑟𝑘𝑎𝑟𝑖𝑘𝑘 𝑆𝑎𝑟𝑟𝑖𝑎𝑎 𝐿𝑎𝑟𝑎𝑘=𝑁𝑘.𝑘𝑎 𝑎𝑎𝑟𝑎𝑟 𝑟𝑘 𝑎𝑎 𝑎𝑎𝑎𝑖𝑎𝑎𝑟𝑎𝑎 Where “population service level” is the population of the City of Denton divided by the number of existing acres of developed neighborhood and community park land in the City at the time of City Council’s regular review pursuant to Section 22-45 of this Article and “density factor” is: (1) 2.6 persons per unit for single-family dwelling units and (2) 1.8 persons per unit for multi-family dwelling units. Section 22-38. Fee-in-Lieu of Park Land. The City may, at its discretion, require that a fee be submitted in lieu of land dedication. The amount of the fee in lieu of park land dedication shall be calculated by dividing the average estimated value of a residential parcel in the City by the total amount of land required to be dedicated in accordance with section 22-37. The average estimated value of a residential parcel in the City shall be determined by City Council during its regular review pursuant to Section 22-45 of this Article by dividing the total value of all residential parcels in the City by the total number of residential parcels in the City. For the purposes of this Section, the total value of all residential parcels in the City shall be based on the valuations provided by the Denton County Appraisal District at the time of City Council’s determination. 14 An amount equal to 10 percent of the assessed fee in lieu of park land dedication will be allocated to city parks. The funding will be used in accordance with Section 22-44 for any park that serves the entire geographic area of the City. Section 22-39. Park Development Fee. (a) Park development fees shall be established for the purpose of funding park improvements. Fees shall be proportional to the cost of neighborhood and community park facilities, the demand for which is generated by each new dwelling unit. Fees shall be established separately for single-family, duplex, triplex, fourplex, townhome, and multi-family dwelling units. Park development fees shall be used to develop and improve public parks in ways that meet the City of Denton’s standards as set forth in the Park Land Dedication and Development Handbook, the Denton Development Code and other adopted specification documents (b) Park development fees shall be determined at the time of building permit application and shall be paid prior to issuance of building permits for the number of dwelling units designated in the application. (c) Residential Developments for which a preliminary plat was submitted before August 1, 2022, will be subject to the development fee structure set out in Ordinance 98-039. (d) Ten percent (10%) of the park development fees shall be expended on park improvements located in city parks, and the remaining portion of the park development fees shall be expended on neighborhood and community parks that benefit the dwelling unit paying the fee. The funding will be used in accordance with Section 22-44 on any park that serves the entire geographic area of the City. (e) The park development fee per unit is determined by the following formula: 𝐶𝑘𝑟𝑟 𝑘𝑎 𝑃𝑎𝑟𝑘 𝐶𝑎𝑟𝑎𝑘𝑘𝑘𝑘𝑎𝑘𝑟 𝑃𝑎𝑟 𝐴𝑎𝑟𝑎 𝑁𝑟𝑘𝑎𝑎𝑟 𝑘𝑎 𝐶𝑟𝑎𝑘𝑘𝑖𝑘𝑎 𝑈𝑘𝑖𝑟𝑟 𝑘𝑎𝑟 𝑃𝑎𝑟𝑘 𝐴𝑎𝑟𝑎 =𝑃𝑎𝑟𝑘 𝐶𝑎𝑟𝑎𝑘𝑘𝑘𝑘𝑎𝑘𝑟 𝐹𝑎𝑎 𝑘𝑎𝑟 𝐶𝑟𝑎𝑘𝑘𝑖𝑘𝑎 𝑈𝑘𝑖𝑟 Where the cost of park development per acre and number of dwelling units per park acre are amounts determined by City Council during its regular review pursuant to Section 22-45 of this Article. Section 22-40. Public Park Improvement In-Lieu of Park Development Fees. (a) With approval of the City, a developer may elect to construct required park improvements in lieu of paying the park development fee as set forth herein and in conjunction with the Park Land Dedication and Development Handbook. Structures and improvements provided by a developer shall be constructed on lands dedicated as public park land and shall be designed and installed to meet the requirements of the Park Land Dedication and Development Handbook and in accordance with related federal, national, state or local codes. (b) The City and a developer may agree to terms and conditions in the construction of public park improvements specific to and serving a residential development. A detailed development agreement outlining the improvements, value of the improvements, and fee credits associated with the agreed-upon public improvement will be developed and executed upon City Council approval. (c) General Requirements for Public Park Improvements In-Lieu of Park Development Fees 15 (1) A park site plan, developed in cooperation with the City must be submitted and approved by the City prior to submission of final plat or upon application for a site building permit, as applicable. (2) Any public park improvements must be shown on the site plan or construction plan unless the City authorizes another method of approval. (3) Detailed plans and specifications for park improvements shall be due and processed in accordance with the procedures and requirements pertaining to public improvements for final plats and for building permit issuance, as applicable. (4) All plans and specifications shall meet or exceed the City’s standards in effect at the time of submission of final plat or application for site building permit. (5) If the improvements are constructed on land that has already been dedicated to or is owned by the City, then the developer must post payment and performance bonds equal to park development fees or value of the park as determined by City, whichever is greater, to guarantee payment to subcontractors and suppliers and to guarantee that developer completes the work in accordance with the approved plans, specifications, ordinances, and other applicable laws. (6) Park improvements may be constructed on park land dedicated to the City or, if approved by the City, improvements may be made in an existing or proposed City park that is located in the same park zone as the development. (7) For a public park, the developer will provide to City a two-year maintenance bond that is equal in amount to the twenty percent (20%) of the construction cost of said park improvements and a manufacturer’s letter stating any play structure, equipment, and safety surfaces were installed in accordance with the manufacturers’ installation requirement. (8) For a public park, the developer shall provide a copy of the application and subsequent inspection report prepared by the State Department of Licensing and Regulation’s contracted reviewer for compliance with the Architectural Barriers Act, codified as Texas Government Code Chapter 469. (9) For a public park, all manufacturers' warranties shall be provided for any equipment installed in the park as part of these improvements. (10) For a public park, upon issuance of a Certificate of Completion and Acceptance, the developer shall warrant the improvements for a period of two (2) years. (11) For a public park, the developer shall be liable for any costs required to complete park development if Developer fails to complete the improvements in accordance with the approved plans or Developer fails to complete any warranty work. 16 (12) All public park improvements shall be inspected by the City while construction is in progress and when complete to verify park requirements have been satisfied. (13) Once the public park improvements are constructed, and after the City has accepted such improvements, the developer shall convey such improvements to the city free and clear of any lien or other encumbrances as approved by the Director of Parks and Recreation. (14) The public park improvements will be considered complete, and City will issue a Letter of Completion and Acceptance after the following requirements are met: (i) Improvements have been constructed in accordance with the approved plans; (ii) A set of revised or as-built drawings are provided to the City in digital format; (iii) Improvements have been inspected and reviewed by City staff and City staff has confirmed that the improvements have been constructed in accordance with the requirements of this Article. Section 22-41 Credit for Park-like Facilities included in a Development. (a) Up to fifty percent (50%) of the fee-in-lieu of land and park development fees paid by a developer may be reimbursed at City’s discretion if Developer installs or constructs private park-like amenities within a subdivision. (b) Eligible private park improvements include various active and passive outdoor amenities outlined in the Park Land Dedication and Development Handbook. (c) To receive reimbursement for private facilities, Developer must provide for future private ownership and maintenance of the open space or facilities by recorded agreement, covenants, or restrictions. (d) The use of the private open space or facilities must be restricted for park purposes by recorded covenant, which runs with the land in favor of future owners of the property and which cannot be defeated or eliminated without the written consent of the City or its successors. (e) Developer’s reimbursement under this Section shall not exceed its cost to install or construct the private park-like amenities in the subdivision. Developer must provide proof of such costs to City prior to reimbursement. (f) Developer must construct or install all facilities subject to reimbursement prior to completion of the final unit of the development or completion of the related phase of the development. Section 22-42. Reimbursement for City Acquired Park Land. The City may from time to time acquire land for parks in advance of actual or potential development. If the City does acquire park land in a park zone for a neighborhood/community or city park, the City may require developers of subsequent developments to provide a fee-in-lieu of land dedication only. This will be used to reimburse the City for the cost(s) of acquisition. Section 22-43. Timing of Payment of Park Fees. 17 Any fees required to be paid pursuant to this article shall be paid as follows: (a) Land dedication and/or construction requirements for park facilities shall be determined at the time of preliminary plat approval; or (b) Fees in lieu of park land dedication for Residential Development shall be paid prior to approval of the final plat for any portion of the subdivision; however (c) Park development fees for all other residential building permits shall be paid prior to issuance of such permits. Section 22-44. Use of Park Fees. All park land dedication and park development fees for neighborhood/community parks will be deposited in a fund referenced to the park zone to which they relate. The fees for neighborhood/community parks must be spent in the same park zone in which they were collected and in accordance with Use and Expenditure priorities outlined in the Handbook. Park land dedication and park development fees for neighborhood/community parks can be used in an adjacent zone in contexts where a development occurs close to a zone border if it meets the Use and Expenditure priorities outlined in the Handbook. City park land dedication and development allocations will be deposited in a fund referenced to city parks. All expenditures shall be administered in accordance with the current purchasing requirements of the City. Funds shall not be used for the operation and maintenance of parks or city staff overhead expenses. Funds shall be used solely for the acquisition or leasing of park land and the development, improvement, upgrades, or restoration/renovation of new and existing parks. Indirect costs reasonably incurred in connection with park acquisition and improvement, such as appraisal fees, environmental assessment costs, legal expenses, engineering and design, and construction labor costs are limited to a maximum of 20 percent of total acquisition or improvement costs. Section 22-45. Ordinance Review. The City shall review the fees established and the amount of park land dedication required in this Article at least once every three (3) years during its consideration of the annual budget. Failure to review by the City Council shall not invalidate this ordinance. Section 22-46. Right to Refund. (a) There is hereby established a special fund for the deposit of all fees in lieu of park land dedication collected under this article, which fund shall be known as the park land dedication fund. Within the fund, fees paid shall be earmarked for acquisition of new neighborhood parks or for improvements in existing parks located within the same park zone as the residential subdivision upon which the fee is imposed. (b) There is hereby established a special fund for the deposit of all park development fees collected under this article, which fund shall be known as the park development fund. Within the fund, park development fees paid shall be earmarked for expenditure on park improvements in a neighborhood park located within the same park zone as the subdivision in which the dwelling unit for which the fee is paid is located. (c) All fees in lieu of park land dedication and all park development fees paid must be expended within seven (7) years from the date of receipt for park facilities benefiting the residential subdivision or dwelling unit for which the fees are paid. Fees shall be considered expended on a first-in-first-out basis. If fees are not expended within such period, the developer/owner shall be entitled to a refund of the principal deposited by the developer/owner in such fund, together with accrued interest. The developer/owner must request such refund in writing within three hundred sixty-five (365) days of entitlement or such right shall be waived. 18 (d) Interest accruing to the park land dedication fund and to the park development fund shall be expended on neighborhood park land acquisition and for neighborhood park improvements, respectively. 19 Exhibit A Parkland Dedication Fee Service Areas 20 Exhibit B 915 / 916 Park Inventory by Zone Park Name Park Type Address Service Area Acres Bowling Green Park Neighborhood 2200 Bowling Green St., Denton, TX, 76207 A 17.88 Acres Total McKenna Park Neighborhood 700 N Bonnie Brae St, Denton, TX 76201 A 15.03 North Lakes Park City 2001 W Windsor Dr, Denton, TX 76207 A 389.49 Evers Park Community 3201 N Locust St, Denton, TX 76209 A 32.01 North Pointe Park Neighborhood 1400 W Hercules Ln, Denton, TX 76207 A 10.34 Owsley Park Neighborhood 2425 Stella St, Denton, TX 76201 A 0.53 Rayzor Ranch Property Neighborhood 3230 Heritage Trail, Denton, TX 76201 A 9.86 85.65 A Avondale Park Neighborhood 2021 Devonshire Dr. , Denton, TX 76209 B 18.23 Clear Creek Natural Heritage Center Preserve 3310 Collins Rd, Denton, TX 76208 B 2835 Hartlee Field Mtn Bike Lease Special Use TBD B 195 Cooper Creek Linear Park Linear 1511 Stuart Rd, Denton, TX 76209 B 3.65 Cooper Glen Park Neighborhood 3330 N Locust St, Denton, TX 76207 B 9.61 Jimmy Carter Park Neighborhood 2603 N Bell Ave, Denton, TX 76209 B 0.31 Nette Shultz Park Neighborhood 1517 Mistywood Ln, Denton, TX 76209 B 8.7 Skate Works Special Use 2400 Long Rd, Denton, TX 76207 B 1.16 Water Works Park Special Use 2400 Long Rd, Denton, TX 76207 B 15.76 40.5 B Carl Gene Young Sr. Park Neighborhood 327 S. Wood St, Denton, TX 76205 C 6.76 Fred Moore Park Neighborhood 500 S Bradshaw St, Denton, TX 76205 C 9.69 Industrial Street Park Neighborhood 108 Industrial St, Denton, TX 76201 C 0.11 Mack Park Community 1800 E McKinney St, Denton, TX 76209 C 37.55 Martin Luther King Jr. Park Neighborhood 1300 Wilson St, Denton, TX 76205 C 4.74 Milam Park Neighborhood 256 Mockingbird Ln, Denton, TX 76209 C 1.86 Quakertown Park City 700 Oakland St, Denton, TX 76201 C 32.32 Sequoia Park Neighborhood 1404 E University Dr, Denton, TX 76209 C 5.54 Spc. Ernest W. Dallas Jr. Veterans Memorial Park Neighborhood 6100 Sun Ray Dr, Denton, TX 76208 C 4.99 Township II Neighborhood 1561 Angelina Bend Dr, Denton, TX 76205 C 10.22 Villages of Carmel Property Neighborhood 5493 Edwards Rd, Denton, TX 76208 C 6.42 87.88 C Briercliff Park Neighborhood 3200 State School Rd, Denton, TX 76210 D 9.07 Carnegie Ridge Property Neighborhood 6500 Riglea Ct, Argyle, TX 76226 D 1.4 Cross Timbers Park North Community 7601 Waterside Pl, Denton, TX 76210 D 45.98 Cross Timbers Park South Neighborhood 8402 Clear River Ln, Denton, TX 76210 D 22.64 Denia Park Community 1001 Parvin St, Denton, TX 76205 D 23.52 Frontier Park Neighborhood 3001 Frontier Dr, Denton, TX 76210 D 4.89 Joe Skiles Park Neighborhood 1721 Stonegate Dr, Denton, TX 76205 D 5.78 Lake Forest Park Community 1760 Ryan Rd, Denton, TX 76210 D 64.81 South Lakes Park City 556 Hobson Ln, Denton, TX 76205 D 184.43 Southwest Park Property City 4300 S Bonnie Brae St, Denton, TX 76226 D 198.97 Wheeler Ridge Park Linear 3100 Lipizzan Dr, Denton, TX 76210 D 7.84 185.93 D Robson Ranch Property Neighborhood 11200 H Lively Rd, Denton, Texas, United States E 17.04 17.04 E Total Acres 4,269.13 417 21 Exhibit C Land Dedication Assessment Variables Calculation Factor Description Land Dedication Population 139,869 2020 Census Park Acres 417 Community and Neighborhood parks Population Service Level 335.42 people per 1 acre Population / Park Acres Single Family Density 2.6 People per dwelling unit (DU) Multi-family Density 1.8 People per dwelling unit (DU) Fee In Lieu of Land # of Residential Parcels 30,832 Single family and Multi-family residences listed in DCAD Total Value of Residential Parcels $1,728,789,052 DCAD land value Average Value of Residential Parcels $56,071.26 Total Value / # of Parcels Land Dedication Formula STEP 1: Population Service Level / Density Factor = DU’s per Park Acre 335.42 / 2.6 = 129.01 Single Family DU’s per Park Acre 335.42 / 1.8 = 186.34 Multi-family DU’s per Park Acre Dedication Requirement (Minimum 5 acres) 1 Park Acre for every 129 Single Family DU’s 1 Park Acre for every 186 Multi-family DU’s Fee in Lieu of Land Formula STEP 1: Total Residential Land Value / # of Residential Parcels = Average Value of Residential Parcel STEP 2: Average Value of Residential Parcel / Dedication Requirement = Fee in Lieu $1,728,789,052 / 30,832 = $56,071.26 $56,071.26 / 129.01 = $434.64 per Single Family DU $56,071.26 / 186.34 = $300.90 per Multi-family DU Fee in Lieu of Requirement $435 per Single Family DU $301 per Multi-family DU 22 Exhibit D Park Development Fee Variable Calculation Factor Description Park Development Single Family DU per Park Acre 129 # of Single Family DU’s per park acre Multi-family DU per Park Acre 186 # of Multi-family DU’s per park acre Average Cost of Park Development per Acre $324,412 Average cost per acre to develop a neighborhood and community park Park Dedication Formula STEP 1: Average Cost of Park Development per Acre / DU’s per Park Acre = Development Fee per DU $324,412 / 129 = $2,514.69 per Single Family DU $324,412 / 186 = $1,740.94 per Multi-family DU Development Fee Requirement $2,515 per Single Family DU $1,741 per Multi-family DU Created: 2022-08-08 15:15:24 [EST] (Supp. No. 33, Update 3) Page 23 of 23 Exhibit E City of Denton Neighborhood and Community Park Development Costs Item Unit Qty Unit Cost Total Amount Item Unit Qty Unit Cost Total Amount Professional Service Professional Service Arch/Eng/Survey Design Services Percentage 10%84,357.16$ Arch/Eng/Survey Design Services Percentage 10%363,382.50$ Project Management Percentage 3%25,307.15$ Project Management Percentage 3%151,409.38$ Geotech/Construction Testing Percentage 2%16,871.43$ Geotech/Construction Testing Percentage 2%60,563.75$ 126,535.75$ 575,355.63$ Mobilization Mobilization Mobilization Percentage 5.00%14,352.43$ Mobilization Percentage 5.00%131,875.00$ Bond and Insurance Percentage 3%21,528.65$ Bond and Insurance Percentage 3%79,125.00$ General Conditions Percentage 2.00%14,352.43$ General Conditions Percentage 2.00%52,750.00$ Contractor Profit Percentage 10.00%71,762.16$ Contractor Profit Percentage 10.00%263,750.00$ 121,995.68$ 527,500.00$ Sitework Sitework Permits LS 1 10,000.00$ $ 10,000.00 Permits LS 1 25,000.00$ $ 25,000.00 SWPPP AC 4 1,000.00$ $ 4,000.00 SWPPP AC 12.5 1,000.00$ $ 12,500.00 Tree Protection AC 4 1,200.00$ $ 4,800.00 Tree Protection AC 12.5 1,200.00$ $ 15,000.00 Clearing and Grubbing AC 4 2,500.00$ 10,000.00$ Clearing and Grubbing AC 12.5 2,500.00$ 31,250.00$ Excavation (50% of Avg. Site)SY 3200 24.00$ 76,800.00$ Excavation (50% of Avg. Site)SY 10000 24.00$ 240,000.00$ Embankment (50% of Avg. Site)SY 3200 8.00$ 25,600.00$ Embankment (50% of Avg. Site)SY 10000 8.00$ 80,000.00$ Demolition/Removal/Remediation LS 1 14,000.00$ 14,000.00$ Demolition/Removal/Remediation LS 1 30,000.00$ 30,000.00$ Drainage/Detention Structure LS 1 15,000.00$ 15,000.00$ Drainage/Detention Structure LS 1 110,000.00$ 110,000.00$ 160,200.00$ 543,750.00$ Parking/Roadway Parking/Roadway Excavation CY 225 26.00$ $ - Excavation CY 700 26.00$ $ 18,200.00 Lime Treated Subgrade (8")SY 650 15.00$ $ - Lime Treated Subgrade (8")SY 1680 15.00$ $ 25,200.00 Geogrid SY 650 10.00$ -$ Geogrid SY 1680 10.00$ 16,800.00$ Flexible Base SY 650 35.00$ -$ Flexible Base SY 1680 35.00$ 58,800.00$ HMAC 2"SY 650 17.50$ -$ HMAC 2"SY 1680 17.50$ 29,400.00$ Curb LF 1000 15.00$ -$ Curb LF 2100 15.00$ 31,500.00$ Striping LF 1000 5.00$ -$ Striping LF 2100 5.00$ 10,500.00$ Stops/Bollards EA 25.0 150.00$ -$ Stops/Bollards EA 70.0 150.00$ 10,500.00$ -$ 200,900.00$ Utilities Utilities Water Impact Fee LS 1 53,321.64$ 53,321.64$ Water Impact Fee LS 1 75,000.00$ 75,000.00$ Water Pipe LF 250 185.00$ -$ Water Pipe LF 100 55.00$ 5,500.00$ Sewer Impact Fee LS 0 35,000.00$ -$ Sewer Impact Fee LS 1 65,000.00$ 65,000.00$ Sewer Pipe (6")LF 0 185.00$ -$ Sewer Pipe (6")LF 100 55.00$ 5,500.00$ Manholes EA 1 4,000.00$ -$ Manholes EA 10 4,000.00$ -$ Irrigation Impact Fee LS 1 12,000.00$ 12,000.00$ Irrigation Impact Fee LS 1 30,000.00$ 30,000.00$ Electric Connection LS 1 20,000.00$ 20,000.00$ Electric Connection LS 1 20,000.00$ 20,000.00$ Light Poles EA 6 3,500.00$ 21,000.00$ Light Poles EA 25 3,500.00$ 87,500.00$ Electric Infrastructure LS 1 15,000.00$ 15,000.00$ Electric Infrastructure LS 1 115,000.00$ 115,000.00$ 121,321.64$ 403,500.00$ Typical Park Amenities Typical Park Amenities Misc Park Amenities - Bridges, retaining walls, stage, etc.LS 1 30,000.00$ 30,000.00$ Misc Park Amenities - Bridges, retaining walls, stage, etc.LS 2 60,000.00$ 120,000.00$ Restroom Building EA 0 -$ Restroom Building EA 1 500,000.00$ 500,000.00$ Playground Equipment/Support EA 1 175,000.00$ 175,000.00$ Playground Equipment EA 1 300,000.00$ 300,000.00$ Shade Structures LS 1 55,000.00$ 55,000.00$ Shade Structures LS 1 90,000.00$ 90,000.00$ 10' wide concrete paths SY 950 60.00$ 57,000.00$ 10' wide concrete paths SY 3000 60.00$ 180,000.00$ Concrete multi-sport court (50'x85')SY 420 65.00$ 27,300.00$ Concrete multi-sport courts SY 840 65.00$ 54,600.00$ Non competition sports play area(lazer grade, soil improvements and sod)LS 1 35,000.00$ 35,000.00$ Non competition sports play area(lazer grade, soil improvements and sod)LS 1 75,000.00$ 75,000.00$ Protective Fencing LF 875 35.00$ -$ Protective Fencing LF 3000 35.00$ -$ Trash Receptacles with pads EA 2 1,250.00$ 2,500.00$ Trash Receptacles with pads EA 15 1,250.00$ 18,750.00$ Pavilion EA 1 30,000.00$ 30,000.00$ Pavilion EA 2 30,000.00$ 60,000.00$ Picnic tables with pads EA 2 1,400.00$ 2,800.00$ Picnic tables with pads EA 20 1,400.00$ 28,000.00$ Drinking fountain w/ slab EA 1 3,500.00$ 3,500.00$ Drinking fountain w/ slab EA 6 3,500.00$ 21,000.00$ Bike rack EA 1 1,000.00$ 1,000.00$ Bike rack EA 4 1,000.00$ 4,000.00$ Benches EA 4 2,000.00$ 8,000.00$ Benches EA 10 2,000.00$ 20,000.00$ 427,100.00$ 1,471,350.00$ Miscellaneous Miscellaneous Park Sign EA 1 8,300.00$ 8,300.00$ Park Sign EA 2 8,300.00$ 16,600.00$ Dog Bag Dispensor EA 2 350.00$ 700.00$ Dog Bag Dispensor EA 4 350.00$ 1,400.00$ 9,000.00$ 18,000.00$ Landscape/Irrigation Landscape/Irrigation Irrigation System AC 2 25,000.00$ 50,000.00$ Irrigation System AC 4.0 25,000.00$ 100,000.00$ Landscaping EA 1 50,000.00$ 50,000.00$ Landscaping EA 1 200,000.00$ 200,000.00$ Hyrdoseed (70%)AC 3 2,650.00$ 7,950.00$ Hyrdoseed (70%)AC 9 2,650.00$ 23,187.50$ Sod (30%)AC 1 18,000.00$ 18,000.00$ Sod (30%)AC 4 18,000.00$ 67,500.00$ 125,950.00$ 390,687.50$ Hard Cost (Formula Ref Only)717,621.64$ Hard Cost (Formula Ref Only)2,637,500.00$ Construction Cost 843,571.64$ Construction Cost 3,028,187.50$ Professional Service/Mobilization 248,531.42$ Professional Service/Mobilization 1,102,855.63$ Contingency (10%)84,357.16$ Contingency (10%)302,818.75$ Total Project Cost 1,176,460.23$ Total Project Cost 4,433,861.88$ Neighborhood Park (Based on 3-5 acre park)Community Park (Based on 10-12 acre park) City of Denton Parks and Recreation City of Denton Parks and Recreation