ORD 2005-19TOWN OF TROPHY CLUB, TEXAS
ORDINANCE NO. 2005-19
AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS,
REPEALING ORDINANCE NO. 2001-02 RELATING TO THE
DEDICATION OF PARK LAND AND OPEN SPACE; AND ADOPTING
NEW PROVISIONS FOR THE DEDICATION OF PARK LAND AND
OPEN SPACE; PROVIDING FOR THE INCORPORATION OF
PREMISES; PROVIDING A PURPOSE; ESTABLISHING DEDICATION
PROCEDURES; PROVIDING FOR MONEY IN LIEU OF LAND;
PRESCRIBING ADDITIONAL REQUIREMENTS; ESTABLISHING
CRITERIA FOR CREDIT FOR CONVEYANCE OF FLOODPLAINS;
PROVIDING FOR MINIMUM PARK IMPROVEMENTS; PROVIDING
FOR A BIENNIAL REVIEW; ESTABLISHING REQUIREMENTS TO BE
SATISFIED PRIOR TO DEVELOPMENT; PROVIDING FOR PERMITS
AND SERVICES TO BE WITHHELD; PROVIDING FOR THE
REDETERMINATION OF REQUIREMENTS FOR PROPSED
ADDITIONAL DWELLING UNITS; PROVIDING A PENALTY NOT TO
EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR
EACH OFFENSE AND A SEPARATE OFFENSE SHALL BE DEEMED
COMMITTED EACH DAY DURING OR ON WHICH A VIOLATION
OCCURS OR CONTINUES; PROVIDING A CUMULATIVE REPEALER;
PROVIDING FOR SAVINGS; PROVIDING FOR SEVERABILITY;
PROVIDING FOR ENGROSSMENT AND ENROLLMENT; PROVIDING
FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Town of Trophy Club is a Home Rule Municipality acting under its
charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and
Chapter 9 of the Texas Local Government Code; and
WHEREAS, on February 19, 2001, the Town Council enacted Ordinance No. 2001-02,
an Ordinance repealing Ordinance Nos. 94-01 and 99-12, and adopted a new Ordinance relating
to the dedication of pari: land and open space, and;
WHEREAS, staff recommends an update to the current Park Land Ordinance, including
a Park Land Methodology, set forth in Exhibit "A", (a copy of Exhibit "A" is attached hereto and
incorporated herein by this reference); and
WHEREAS, the Town Council now deems it necessary for the safe, orderly, and
healthful development of the Town and in the best interest of the Town of Trophy Club, Texas,
to adopt new regulations governing the Park Land Dedication within the corporate limits of the
Town.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCILOF THE
TOWN OF TROPHY CLUB, TEXAS:
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SECTION 1.
INCORPORATION OF PREMISES
The above and foregoing premises are true and correct and are incorporated herein and
made a part hereof for all purposes.
SECTION 2.
PURPOSE
This article is adopted to provide recreational areas in the form of neighborhood parks as
a function of subdivision development in the Town. This article is enacted in accordance with the
home rule powers of the Town, granted under the state constitution, and the statutes of the state
including, but not by way of limitation, V.T.C.A., Local Government Code y 54.004, and ch.
213. It is hereby declared by the Town Council that recreational areas in the form of
neighborhood parks are necessary and in the public welfare, and that the only adequate
procedure to provide for neighborhood parks is by integrating such a requirement into the
procedure for planning and developing property or subdivision in the Town, whether such
development consists of new construction on vacant land or rebuilding and remodeling of
structures on existing residential property.
Neighborhood parks are those parks providing for a variety of outdoor recreational
opportunities and within convenient distances from a majority of the residences to be served
thereby. The primary cost of neighborhood parks should be borne by the ultimate residential
property owners who, by reason of the proximity of their property to such parks, shall be the
primary beneficiaries of such facilities. Therefore, this article is adopted to effect the purposes
stated.
SECTION 3.
DEDICATION PROCEDURES
A. Whenever a Final Plat is filed on record with the county cleric of Denton or Tarrant
County for development of a residential area in accordance with the planning and zoning
ordinances of the Town, such plat shall contain a clear fee simple dedication of an area of
land to the Town for park purposes, which area shall equal one (1) acres for every 44
proposed dwelling units.
B. The Town Council declares that development of an area smaller than five (5) acres for
public park purposes is impractical. Therefore, if fewer than 220 dwelling units are
proposed by a plat filed for approval, the developer shall be required to pay the applicable
cash in lieu of land amount provided by Section 4, rather than to dedicate any land area.
No plat showing a dedication for park purposes of less than five (5) acres shall be
approved.
C. In all other instances, the Town shall have the right to accept the dedication for approval
on the final plat, or to refuse the dedication, after consideration of the recommendation of
the planning and zoning commission and the Parks and Recreation Director, and to
require payment of cash in lieu of land in the amount provided by Section 4, if the Town
determines that sufficient park area is already in the public domain in the area of the
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proposed development, or if the recreation potential in the area of the proposed would be
better served by expanding or improving existing parks.
SECTION 4.
MONEY IN LIEU OF LAND
Where Town Council determines that a payment of money in lieu of land shall be made,
the following provisions shall apply.
A. Amount Required to be Paid:
1. Any payment of money required to be paid by this Ordinance shall be in an
amount equal to the average per acre value of the whole property included within
the residential development. The acquisition price for land shall be equal to the
appraised value of the land existing in effect at the time of Final Plat approval.
2. In determining the average per acre value of the total land included within the
proposed residential development, the Town Council may base its determination
on one or more of the following:
a. The most recent appraisal of all or part of the property made by the central
appraisal district; or
b. Confirmed sale prices of all or part of the property to be developed, or
comparable property in close proximity thereof, which have occurred
within two (2) years immediately proceeding the date of determination; or
C. Where, in the judgment of the Town Council, (i) or (ii) above would not,
because of changed conditions, be a reliable indication of the then current
value of land being developed, an independent appraisal of the whole
property shall be obtained by the Town and paid for by the developer.
SECTION 5.
ADDITIONAL REQUIREMENTS
A. Any land dedicated to the Town under this article must be suitable for park and recreation
uses. The following characteristics of a proposed area are generally unsuitable:
1. Any area primarily located in the 100 -year floodplain.
2. Any areas of unusual topography, slope or other characteristics which renders
same unusable for organized recreational activities or other parks and recreational
uses.
Such characteristics of a park land dedication area may be grounds for refusal of any
preliminary plat.
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B. Land listed in paragraph A of this Section may be accepted by the Town Council,
provided that suitable land in the proper amount is dedicated which is contiguous with the
unsuitable land.
C. Drainage areas may be accepted as part of a park if the channel is constructed in
accordance with Town engineering standards, and if no significant area of the park is cut
off from access by such channel.
D. Each park must have ready access to a public street.
E. Unless provided otherwise in this section, an action by the Town shall be by the Town
Council, after consideration of the recommendations of the planning and zoning
commission and the Parks and Recreation Director and his recommendation to the Town
Council.
SECTION 6.
CREDIT FOR CONVEYANCE OF FLOODPLAINS
A. In cases where floodplain land or property is proposed for conveyance to satisfy the park
land requirements, a credit will be given upon the following criteria:
1. Three (3) acres of floodplain shall be equal to one (1) acre of non -floodplain.
SECTION 7.
MINIMUM PARK IMPROVEMENTS
A. In cases where land dedication is chosen, the following minimum criteria must be
adhered to by the developer, at the developer expense, prior to acceptance of the
improvements by the Town. The Developer shall:
1. Grade and clear unwanted vegetation, to be determined by the Town;
2. Provide water and sewer service to the site.
SECTION 8.
BIENNIAL REVIEW
Prior to one (1) year after the effective date of this Ordinance, the Parks & Recreation
Director shall review the Park Land Dedication Ordinance and make any recommendations for
revision to the Town Council. Thereafter, at least once every two (2) years, the Parks &
Recreation Director shall review the Parkland Dedication Ordinance and make any
recommendations for revision to the Town Council.
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SECTION 9.
REQUIREMENTS TO BE SATISFIED PRIOR TO DEVELOPMENT
It shall be unlawful for any person who is required to convey land, or pay money in lieu
of land, as required by this Ordinance, to begin, or allow any other person or contractor to begin,
any construction or improvements on any land within the development to which this Ordinance
applies, until the required conveyance of land, or payment of money in lieu of land is made to the
Town in accordance with this Ordinance.
SECTION 10.
PERMITS AND SERVICES TO BE WITIIIIELD
No building permits shall be issued for, and no permanent utility services shall be
provided to any land within any development to which this Ordinance applies until the required
conveyance of land or payment of money in lieu of land is made to the Town in accordance with
this Ordinance.
SECTION 11.
REDETERMINATION OF REQUIREMENTS FOR
PROPOSED ADDITIONAL DWELLING UNITS
After the Town Council has made a determination of the requirements of this Ordinance,
or after the requirements of this Ordinance have been met, based upon the proposed number of
residential dwelling units for any land to which this Ordinance applies, any person who desires to
construct a number of dwelling units in excess of the number dwelling units for which the
requirements of this Ordinance were determined or met, must submit to the Town Council a
revised zoning proposal for additional dwelling units for the development. Once the Town
Council has approved a zoning ordinance increasing the number of dwelling units allowed on a
platted lot, the developer shall either convey additional park land through a plat or replat, or shall
pay a fee in lieu of park land for the additional dwelling units, at issuance of building permits.
Where a payment of money was originally made to meet the requirements of this Ordinance, the
person proposing to construct additional dwelling units may be required to convey land for all or
part of the development. In such case, after the required conveyance is made, the payments, or
portion thereof, previously made, which are satisfied by the dedication of land, shall be returned
by the Town.
SECTION 12.
PENALTY
It shall be unlawful for any person to violate any provision of this Ordinance, and any
person violating or failing to comply with any provision hereof shall be fined, upon conviction,
in an amount not more than Two Thousand Dollars ($2,000.00), and a separate offense shall be
deemed committed each day during or on which a violation occurs or continues.
Pww 5 at 5
SECTION 13.
CUMULATIVE REPEALER
This Ordinance shall be cumulative of all other Ordinances and shall not repeal any of the
provisions of such Ordinances except for those instances where there are direct conflicts with the
provisions of this Ordinance; provided, however, that Ordinance No. 2001-02 is hereby repealed.
Ordinances or parts thereof in force at the time this Ordinance shall take effect and that are
inconsistent with this Ordinance are hereby repealed to the extent that they are inconsistent with
this Ordinance. Provided however, that any complaint, action, claim or lawsuit which has been
initiated or has arisen under or pursuant to Ordinance No. 2001-02 on the date of adoption of this
Ordinance or under such portion of any other Ordinance relating to Park Land Dedication shall
continue to be governed by the provisions of such Ordinances and for that purpose the
Ordinances shall remain in full force and effect.
SECTION 14.
SAVINGS
All rights and remedies of the Town of Trophy Club, Texas, are expressly saved as to any
and all violations of the provisions of any other Ordinance affecting Park Land Dedication which
have secured at the time of the effective date of this Ordinance; and, as to such accrued
violations and all pending litigation, both civil and criminal, whether pending in court or not,
under such Ordinances same shall not be affected by this Ordinance but may be prosecuted until
final disposition by the courts.
SECTION 15.
SEVERABILITY
If any section, article, paragraph, sentence, clause, phrase or word in this Ordinance or
application thereof to any person or circumstance 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 16.
ENGROSSMENT AND ENROLLMENT
The Town Secretary of the Town of Trophy Club is hereby directed to engross and enroll
this Ordinance by copying the exact Caption, Penalty and Effective Date in the minutes of the
Town Council and by filing this Ordinance in the ordinance records of the Town.
Page 6 of 6
Exhibit "A"
Park Land Methodology
Land Requirements:
8 acres / 1,000 population
1 acre per 125
Total Population: 7,700 people
2.83 Person Per Household (PPH)
125 People / 2.83 PPH = 44 DUs
1 acre per 44 DUs
Park Acquisition Cost (Determines Fee in Lieu of Land)
Assumption 1 acre = fair market value
Fair market value / 44 DUs = per DU
DU — Dwelling Unit
Page 8 of 8
SECTION 17.
PUBLICATION
The Town Secretary of the Town of Trophy Club is hereby directed to publish, the
Caption, Penalty and Effective Date of this Ordinance as required by Section 52.011 of the Texas
Local Government Code.
SECTION 18.
EFFECTIVE DATE
This Ordinance shall become effective from and after its date of adoption and publication
as provided by law, and it is so ordained.
PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas,
this 15°t day of August, 2005.
EFFECTIVE DATE:
ATTEST:
Town Secretary
Town of Trophy Club, Texas
APPROVED AS TO FORM:
Town Attorney
Town of Trophy Club, Texas
PaP 7 of 7
Mayor
Town of Trophy Club, Texas