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ORD 1986-30Ordinance 86-30 Ordinance 1999-12 P&Z REPEALED BY ORDINANCE NO. 94-01 01/18/94 TOWN OF TROPHY CLUB, TEXAS ORDINANCE NO. 0 86-10 AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS REQUIRING THE DEDICATION OF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 0 U 4 a j 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 8 8 A 8 j -2- 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 0 0 4 0 j -3- 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 0 0 4 a j -4- 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 ❑oaaJ -5-