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ORD 2006-06ORDINANCE NO. 2006-06 AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS, REPEALING ORDINANCE NO. 2005-19 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 AN APPEAL; 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 August 15, 2005, the Town Council enacted Ordinance No. 2005-19, an Ordinance repealing Ordinance No. 2001-02, and adopted a new Ordinance relating to the dedication of park land and open space, by providing an update to the previous Park Land Ordinance, including a Park Land Dedication Methodology, and; WHEREAS, since the passage of Ordinance No. 2005-19, staff has recognized that certain properties located within floodplain areas and flowage easements have the potential to be utilized for certain recreational uses that might be beneficial to the Town and its residents in a recreational capacity; 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: 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 § 54.004, and ch. 212. 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 home 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 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. 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 PARD 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. APPEAL A. Unless otherwise provided herein, an action by the Town in determining compliance with the terms of this Ordinance refers to a determination made by the Parks and Recreation Director. The developer/owner of land subject to parkland dedication requirements may appeal any determination by the Parks and Recreation Director under this Ordinance to the Town Council for a final decision. The appeal shall be in writing and shall be filed with the Planning and Zoning Commission, which shall make its recommendation to the Town Council. The Town Council will not review the appeal of any determination by the Parks and Recreation Department without first obtaining the recommendation of the Planning and Zoning Commission. No final plat shall be approved by the Planning and Zoning Commission which varies the terms of this Ordinance or which does not comply with the Parks and Recreation Department's determination without final resolution of the appeal by the Town Council. SECTION 9. 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. SECTION 10. 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 11. PERMITS AND SERVICES TO BE WITHHELD 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. required conveyance of land or payment of money in lieu of land is made to the Town in accordance with this Ordinance. SECTION 12. 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 13. 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. SECTION 14. 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 15. 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 16. 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 17. 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. SECTION 18. 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 19. 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 6t' day of March, 2006. EFFECTIVE DATE: ATTEST: (tel 0 ly)I Town Secretary Town of Trophy Club, Texas APPROVED AS TO FORM: Town Attorney Town of Trophy Club, Texas Mayor Town of Trophy Club, Texas [SEAL]