ORD 1986-30Ordinance 86-30
Ordinance 1999-12 P&Z
REPEALED BY ORDINANCE NO. 94-01 01/18/94
TOWN OF TROPHY CLUB, TEXAS
ORDINANCE NO. 0 86-10
AN ORDINANCE OF THE TOWN OF TROPHY CLUB,
TEXAS REQUIRING THE DEDICATION OF PARK LAND
PRIOR TO A SUBDIVISION PLAT APPROVAL BY THE
PLANNING AND ZONING COMMISSION AND THE TOWN
COUNCIL; PROVIDING FOR PAYMENT OF CASH IN
LIEU OF SUCH DEDICATION; PROVIDING THE
CHARACTER AND MINIMUM AREA OF DEDICATED
LAND; PROVIDING FOR THE MAINTENANCE OF
DEDICATED PARK LAND; PROVIDING A SEVER—
ABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE
AND DECLARING AN EMERGENCY.
WHEREAS, the Town Council of the Town of Trophy Club,
Texas (the "Town") is empowered under Articles 1011 and 1015,
Vernon's Annotated Texas Civil Statutes ("V.A.T.C.S.") to do
all acts and make all regulations which may be necessary or
expedient for the promotion of the public health, safety and
general welfare; and
WHEREAS, the Town Council recognizes the need to ensure
that in new residential developments there will be sufficient
land dedicated to meet the demand of future residents for open
space, parks and recreational areas; and
WHEREAS, the Town Council seeks to require the dedication
of park land to be designated upon any proposed subdivision
plat prior to approval of said plat by the Town Council; and
WHEREAS, the necessary park land dedication place must
meet certain minimum area and character requirements; and
WHEREAS, the Town Council desires to allow a developer to
pay cash in lieu of land dedication, subject to the Town
Council's approval and acceptance.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF TROPHY CLUB, TEXAS:
Section 1. Purpose. The requirements for open space,
park and recreational areas contained in this Ordinance are
intended to ensure that in new residential developments in the
Town of Trophy Club there will be sufficient land dedicated or
otherwise set aside to meet the demands and needs of the future
residents of the development for open space and neighborhood
parks, containing passive or active recreational areas that are
reasonably attributable to such development. In determining
the size of the parcel, or parcels, that should be set aside
and reserved in the manner set out in this Ordinance, the Town
Council has taken as a benchmark the standards of the National
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Recreation and Park Association. It is the policy of the Town
that when land is dedicated or otherwise set aside and reserved
for open space and park and recreational areas, such land
should be in close proximity to the residential development it
is designed to serve and shall be of such size, character , and
dimensions as is necessary to provide usable open space and
park and recreational areas.
Section 2. Character and Minimum Area.
1. Land dedicated or otherwise set aside for open
space and park and recreational areas shall be of such size,
dimensions, topography, and general character as is reasonably
required for the type of use proposed, e.g., open space buffer,
active recreation for team or individual sports, playground,
tot lot, picnic area, etc,
2. Unique natural areas or flood plains which provide
an opportunity for linkage parks may be included in areas
dedicated or otherwise set aside or reserved for open space.
3. The minimum amount of open space and park
recreational area that shall be dedicated or otherwise reserved
pursuant to this Ordinance shall be ten (10) acres per 1,000 of
total projected Town population. For purposes of determining
population, 2.7 people per dwelling unit shall be used.
4. No land dedicated or otherwise reserved in
compliance with this Ordinance shall have dimensions smaller
than one (1) acre. In any development which includes wooded
areas, flood plains, or other natural amenities which it is
desirable to maintain, the Town Council may grant an exception
from the strict application of these minimum dimensions
whenever it determines that by doing so the protection and
preservation of such areas will be promoted.
Section 3. Platting Requirements. The Planning and
Zoning Commission shall have a plat review meeting regarding
the proposed land donation prior to it being submitted to the
Town Council. Any land dedicated or otherwise reserved under
this Ordinance for open space or park and recreational areas
shall be shown on a plat submitted for approval by the Planning
and Zoning Commission and Town Council. Upon approval, said
plat shall be filed of record in the county in which the
property is located.
The Town Council may, upon application by a developer, or
other person or firm with a legal interest in the land to be
developed, allow the open space and park and recreational areas
required by this Ordinance to be restricted to the use and
enjoyment of residents of the particular development or
subdivision. The Town Council may grant such request whenever
it finds: (1) that the public open space and park and
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recreational areas required by this Ordinance cannot be
effectively and efficiently integrated into the public park
system of the City; (2) that the open space and park and
recreational needs of the residents of the development or
subdivision can be supplied by the reservation of private open
space and recreational areas at least as adequately as by the
dedication of public park land; and (3) that the developer or
subdivider has complied, or will comply, with the requirements
of Section 5 below. Such open space and park and recreational
areas shall be clearly noted on the plat or master development
plan as "Private Open Space or Private Recreational Land" at
the time of submission to the Town for action by the Planning
and Zoning Commission and Town Council.
Section 4. PayTent of Cash in Lieu of Reservation of
Open Space or Park and Recreational Areas. In any case in
which the land required to be dedicated or otherwise reserved
by this Ordinance would be less than one (1) acre, the
developer or subdivider shall, and in all other instances the
Town Council may, upon finding that the park and recreational
needs of a proposed development would be better served by the
expansion or improvement of an existing park, require that the
developer or subdivider pay the Town of Trophy Club a sum of
money that is equal to the f air market value of the land that
would be required to be dedicated or otherwise reserved for
open space or park and recreational areas pursuant to this
Ordinance in lieu of such dedication of reservation. A
developer or subdivider may, with the consent of the Town
Council, as an alternative to, and in lieu of, dedicating or
otherwise reserving land for open space or park and
recreational purposes, pay the aforesaid sum to the Town of
Trophy Club. Said payment shall be made concurrently with
formal acceptance by the Town of Trophy Club of construction of
street and utility improvements. All such payments shall be
segregated in a separate fund and used only for the acquisition
and improvements of open space and park and recreational areas
within the Town of Trophy Club that will meet the needs of the
residents of the development or subdivision in respect which
such payment was made.
A. For purposes of this Ordinance, the fair market
value of land shall be determined by taking the average fair
market value of five (5) lots within the proposed subdivision,
which lots shall be representative of the proposed subdivision
as a whole. The lots shall be designated by the owner,
developer or subdivider at the time of submission of the
Preliminary plat and appraised for their fair market value by
an appraiser approved by the Town Planning and Zoning
Commission. The appraisal shall be completed and adopted by
the Commission within twenty (20) days of the date of the
submission of the preliminary plat. In the event the appraiser
determines that the five (5) lots to be appraised are not, in
the appraiser's judgment, representative of the proposed
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subdivision as a whole and cannot reach an agreement with the
owner, developer or subdivider, the Planning and Zoning
Commission shall determine which lots are to be appraised. All
costs of appraisal shall be paid for by the Owner, developer or
subdivider.
B. Where a preliminary plat is submitted and, prior
to said submission, an appraisal of lots has been completed in
an area of the Town comparable to the proposed subdivision.,
Planning and Zoning Commission shall have the option to use the
fair market value of land in the area previously appraised.
Provided, however, that the appraisal costs paid for by the
owner, developer or subdivider in the area previously appraised
shall be reimbursed a portion of the said costs on a prorated
basis as determined by the Planning and Zoning Commission. The
owner, developer or subdivider of the proposed subdivision
shall be responsible for said reimbursement.
Section 5. Maintenance. If the open space and
recreational areas required by this Ordinance are to remain
private, such areas shall be maintained by and deeded to a
homeowners' association, or a trustee. No plat or master
development plan containing a reservation of private open space
and recreational areas shall be approved until the applicant
shall have filed with the Planning and Zoning Commission a
declaration of the covenants and restrictions that will govern
such association or trustee, and received approval of the same
from the Planning and Zoning Commission and the Town Council.
Such instrument shall be approved by the City Attorney as to
legal form and effect, and by the Planning and Zoning
Commission as to the suitability of the proposed use of the
proposed open space and recreational areas.
The covenants and restrictions, when submitted, shall
provide for establishment of the homeowner's association or
trust prior to the sale of any part of the property; that open
space restrictions and maintenance shall be permanent; that the
homeowners are liable for the payment of maintenance fees and
capital assessments; that unpaid homeowner's fees and
assessments will be a lien on the property of the delinquent
homeowners; that the association or trustee shall be
responsible for liability insurance, taxes and perpetual
maintenance; that membership shall be mandatory for each
homeowner and any successive buyer; and, that each homeowner,
at the time of purchase, shall be furnished with a copy of the
approved restrictions or conditions.
Section 6. Initial Dedication. The fact that the
developer has not dedicated any land for the purpose of parks
has left the Town in an emergency situation. Consequently, the
developer shall make an initial dedication of the specific 15
acres of land described in the Town of Trophy Club's 1985 park
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proposal to the State of Texas Parks and Wildlife Department
prior to approval by the Town Planning and Zoning Commission or
Town Council of any further development.
Section 7. Severability. That if any section, article,
paragraph, sentence, clause, phrase or word in this Ordinance
or application thereof to any person or circumstances is held
invalid or unconstitutional by a Court of competent
jurisdiction, such holding shall not affect the validity of the
remaining portions of this Ordinance, and the Town Council
hereby declares it would have passed such remaining portions of
this Ordinance despite such invalidity, which remaining
portions shall remain in full force and effect.
Section 8. Emergency. The fact that the present
ordinances and regulations of the Town of Trophy Club, Texas,
are inadequate to properly safeguard the health, safety,
morals, peace and general welfare of the inhabitants of the
Town of Trophy Club, Texas, creates an emergency for the
immediate preservation of public business, property, health,
safety an general welfare of the public which requires that
this ordinance shall become effective from and after the date
of its passage and it is accordingly so ordained.
PASSED AND APPROVED by the Town Council of the Town of
Trophy Club, Texas this the _2,,L ---day of October , 1986,,
A
Toc�ff,,Secretary, Town of Tro
[SEAL]
APPROVED AS TO FORM;._
IFUSMEM
Town of Trophy Club, Texas
Club, Texas
Town Atto4ney, Town of Trophy Club, Texas
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