07-07-17-Ordinance-Amending Parks and Recreation, Parks, Right of Way, Senior Center and Open Space-02/21/2017ORDINANCE #02-07-17
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANGER,
DENTON COUNTY, TEXAS, AMENDING THE CODE OF ORDINANCES BY
ADOPTING ENACTMENT OF CHAPTER 15 "PARKS AND RECREATION",
CREATING ARTICLES 15.10045.500, AND RELATED SECTIONS,
REPEALING IN ENTIRETY THE FOLLOWING ARTICLES: ARTICLE 1.400
PARKS AND RECREATION; ARTICLE 1.100 ACTIVITIES OF STEPHEN
BAKER FIELD REGULATIONS; ARTICLE 1.1100 TREES IN PUBLIC
SPACES AND RIGHT-OF-WAYS; ARTICLE 9.500 KEEP SANGER
BEAUTIFUL BOARD;, ARTICLE 9.600 SULLIVAN SENIOR CENTER
BOARD; SECTION 6.18 OF CHAPTER 10 SUBDIVISION REGULATION,
OPEN SPACE, RECREATION AREAS & PUBLIC USE DEDICATION,
PROVIDING FOR A REPEALING CLAUSE; PROVIDING A SEVERABILITY
CLAUSE; PROVIDING FOR A PENALTY; AND PROVIDING FOR AN
EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SANGER, DENTON
COUNTY, TEXAS, THAT:
SECTION 1. The Code of Ordinances of the City of Sanger, Denton County Texas, be and the
same is hereby amended by repealing in entirety the following Chapters and Articles: Article 1.400
Parks and Recreation; Article 1.100 Activities of Stephen Baker Field Regulations; Article 1.1100
Trees in Public Spaces and Right -of -Ways; Article 9.500 Keep Sanger Beautiful Board; Article 9.600
Sullivan Senior Center Board; Section 6.18 of Chapter 10 Subdivision Regulation, Open Space,
Recreation Areas & Public Use Dedication; And, Adopting Enactment of CHAPTER 15 "PARKS
AND RECREATION", creating Articles 15.1004 5.500 and related Sections; in full, as follows:
CHAPTER 15 PARKS AND RECREATION*
ARTICLE 15.100 RULES AND REGULATIONS
Sec.15.101 Definitions
The following words, terms, and phrases, when used in this article, shall have the meanings
ascribed to them in this article, except where the context clearly indicates a different meaning.
Athletic Field/Facility. A field or combination of fields designated by the parks and recreation
department to facilitate games and/or practice activities.
Ci
ty Park and Recreation Area(s). All of the territory within the boundaries of such areas, and
includes the portions of such areas used for the parking of vehicles.
Enter or Entry. The intrusion of the entire body.
Facilities. Properties and/or improvements owned, leased or otherwise controlled by the parks
and recreation department which includes, but is not limited to, recreation centers, swimming
pools, tennis center clubhouse, golf course clubhouse, outdoor learning center, senior citizens
center, museums, community centers, tennis courts, basketball courts, golf courses, recreation
Fields, picnic areas, open air pavilions, and amphitheaters.
Lem. A group of athletic teams organized to promote mutual interests and to compete chiefly
among themselves.
Notice. An oral or written communication by the city manager; the director of parks and
recreation department or any authorized parks and recreation department personnel, or the chief
of police or any police officer.
Special Event. Any event, activity or program that operates wholly or partially within the city
which may require the use of or assistance from the parks and recreation department, police
department, fire department, or any other public service department.
Toz�rnament. A sporting event made up of a series of games, rounds, or contests between
multiple teams.
Sec. 15.102 General Authority
(a) The city shall have and shall exercise power to control all activities and hours of access by
the public to all city parks and recreation areas in order to protect and maintain the public health,
safety, and welfare. Opening and closing hours of each city park and recreation area shall be
posted. The city parks and recreation areas shall be under the direct supervision of the director of
the parks and recreation or his designee ("director").
(b) The city's police department is charged with the responsibility of supervising and
maintaining law and order in all of the city park and recreation areas in order to protect and
maintain the peace, health, safety, and welfare of the public. In order to carry out this provision,
the police department, and any of its officers shall have the authority to make any lawful arrests
for violation of any state or local law.
Sec. 15.103 Hours of Operation
(a) All city parks and recreation areas shall be open daily to the public between 6:00 a.m. and
10:00 p.m. Each city park and recreation area shall be closed to the public from 10:00 p.m. to 6:00
a.m. and also as otherwise closed by orders of the director for the purpose of rehabilitation,
cleaning, general supervision, or to protect the health, safety, and welfare of the public.
(b) It shall be unlawful for any person to enter, loiter, or remain within any city park and
recreation area between the hours of 10:00 p.m. and dawn, except as provided for in this section,
which exceptions shall constitute an affirmative defense to violations of this section. The
provisions of this section shall not apply to:
(1) Persons whose presence is authorized pursuant to a written city permit or
agreement.
(2) Persons participating in or attending events, activities, or programs previously
approved or scheduled by the parks and recreation department and remaining in the
locale until the event, activity, or program has concluded; or
(3) Persons possessing a permit to camp in those areas duly designated for such
activities by the director.
(c) Motor vehicles found in a city park and recreation area between the hours of 10:00 p.m. and
6:00 a.m. shall be subject to removal and impoundment in accordance with Section 8.106,
provided, however, that this provision shall not apply to motor vehicles in possession of persons
whose presence is allowed under one of the exceptions in subsection (b) above.
Sec. 15.104 Responsibility for Minor Children
(a) It is unlawful to permit a child or ward to violate any of the rules and regulations specified
by this article when such child or ward is under the age of 17.
(b) To fail, as a parent or other adult who has assumed parental or supervisory control over a
child, to adequately supervise a child to prevent the child from engaging in any unlawful act within
a city park. As used in this subsection, a "child" is any person under the age of seventeen (17)
years. It shall be a defense to prosecution under this subsection that the parent was not physically
present in the park at the time of the offense. In the prosecution of an offense under this subsection,
no allegation or proof of intent is necessary, and it is the intent of the governing body of the city
that this shall be a strict liability offense.
Sec. 15.105 Minors, Camping
It shall be unlawful for a person under the age of 17 to remain within any city park and
recreation area during closing hours, except as follows:
(a) The person is accompanied by a parent or legal guardian;
(b) The person furnishes to the director a written consent of their parent or legal guardian, which
shall include the parent or legal guardian's full name, residence, telephone number and date;
(c) The person is part of a group which is supervised during those hours by at least one
responsible adult for each 15 persons under the age of 17; or
(d) Married couples.
Sec. 15.106 Miscellaneous Provisions
(a) 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.
(b) It shall be unlawful within any city park and recreation area for a person to:
(1) Pick, pull, pull up, tear up, dig up or out, mutilate, break, bruise, injure, burn,
remove, carry away, or destroy any tree, shrub, plant, vine, flower, moss or vegetation,
or portion thereof including, leaf, mold, foliage, berries, fruit, grass, turf, humus, cones,
dead or downed wood, except by prior written approval issued by the director for
scientific, educational or maintenance purposes;
(2) Marlc, deface, disfigure, ,,JUL 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;
(3) 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;
(4) 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. Bring in or dump, deposit or
leave any noxious, hazardous or flammable materials or substances, either solid or
liquid, on park property,
(5) Light, build or maintain a fire except in clearly designated fire rings, pits or grills.
However, fires are strictly prohibited where extreme fire hazard conditions exist, and
such conditions have been posted. Notwithstanding the previous regulations, portable
camp stoves may be used in designated campsites or picnic areas;
(6) Hit a golf ballpark except in areas designated by the parks and recreation
department;
(7) Talce any fish or other aquatic life from park water areas. Fishing is catch and
release only. All nets and seines are prohibited;
(8) Use water balloons, pinatas, and cascarones (all prohibited);
(9) Climb trees;
(10) Gamble;
(11) 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,
(12) Cause and maintain noise and sound levels of groups, individuals, radios, or any
sound equipment at a level considered to be a nuisance as deemed by the director or
any other city employee;
(13) Use or speak any threatening, abusive, insulting or indecent language in any of
the public parks; and no person shall commit in any such parks any obscene, lewd or
indecent act or create any nuisance;
(14) Disturb in any manner any picnic, meeting, service, concert, exercise or
exhibition;
(15) Distribute, post, place or erect any advertising handbill, circular, billing notice,
paper or another advertising device without prior permission of the city;
(16) Hitch, fasten, lead, drive or let loose any animal, reptile or fowl of any kind,
except in designated areas;
(17) Ride or drive any horse or another animal, except in designated areas;
(18) Possess any fireworks, explosives or similar devices or substance capable of
explosions, or to discharge, ignite, set off any such device or substance, except with
written permission of the director; shooting exceptions, starting pistol Section 8.402(3)
starting pistol;
(19) Engage in any commercial venture including offering to sell any goods, wares,
merchandise or food, or render any service for hire or to solicit funds or donations of
any item; or to distribute written material without the written permission of the director;
(20) Appear in a state of nudity;
(21) Operate or use a metal detector without the written permission of the director;
(22) Smolce or use tobacco products (Section 8.809 of this code);
(23) Possess or consume any alcoholic beverage on any park or athletic field in the
city, including all areas or structures within the boundaries of any park or athletic field
within the city (Article 8.200 of this code);
(24) Possess any glass container within any city park or athletic field in the city,
including all areas or structures within the boundaries of any park or athletic field
within the city;
(25) Sell or offer for sale any food, drinks, confections, merchandise or services
unless and for a duration of time approved by the city;
(26) Practice, carry on, conduct or solicit for any trade, occupation, business or
profession or to circulate any petition of whatsoever kind or character without approval
of the city;
(27) Use the restrooms and washrooms designated for the opposite sex if over the
age of six years;
(28) Use any remote -controlled or radio -controlled airplane or another aeronautical
device, unless with the approval of the director of parks and recreation.
Sec. 15.107 Special Events, Uses, Programs
(a) The director is authorized to require and issue permits for the reservation and temporary use
of the city park and recreation areas. Permits shall be granted unless the intended use would result
in a scheduling conflict; traffic congestion; damage to property or landscaping; could threaten the
public's or city park and recreation area user's health, safety or welfare; or be inconsistent with
the protection and preservation of wildlife. The director shall be authorized to establish written
guidelines not inconsistent with the terms of this code for the reservation and use of all city park
and recreation areas and for the issuance of camping permits. Permits issued shall be conditioned
on compliance with state laws, this chapter, other applicable requirements set forth in this code
and such guidelines as may be established and promulgated under this chapter. The granting of
such permits shall not constitute a waiver, exception, or defense to the violation of any other
applicable law or ordinance.
(b) It shall be unlawful for any person to conduct or to participate in any organized assembly or
public participation event except pursuant to a permit issued by the director.
(c) Any club, organization or business holding a special event, tournament, or program shall
provide the city with a copy of liability insurance for 1 million dollars listing the city as
additionally insured.
(d) No fees may be waived without the consent and approval of the city manager or designee.
(e) It shall be unlawful for any person to enter into or remain in an area or facility for which a
public use limit has been established when such action will have the effect of exceeding the
established limitations.
(f) Park reservations must be made at least 48 hours prior to the event. Special events must be
made 60 days prior to the event.
See
.15.108 Animals
It shall be unlawful within any city park and recreation area for a person to:
(a) Bring into or possess a pet or other domesticated animal, unless the animal is properly
secured by a leash not exceeding ten feet in length, or confined to a vehicle or camping structure,
or to permit said animal to enter into or remain in a city park and recreation area unless so secured;
(b) Permit any pet or domesticated animal to remain unattended or to create a disturbance or
hazard;
(c) Permit any pet or domesticated animal, except those trained to assist a person with a
disability, to enter into or remain in any building or enclosure designated for public use including
a cabin, lodge room, restroom, shelter, dining hall, amphitheater or administration building;
(d) Permit any pet or domesticated animal to enter the water of a designated swimming area or
to permit said animal, except those trained to assist a person with a disability, within the land or
beach area adjacent to the water of a designated swimming area;
(e) Bring into, perrnit to range or release into a park and recreation area a wild animal, pet, fowl
or livestock;
(e) Possess a noisy, vicious or dangerous animal or one which is disturbing to other persons;
(g) Ride, drive, lead or keep a saddle horse, except in designated areas;
(h) Ride a saddle horse in a manner that is dangerous to a person or another animal;
(i) Allow a saddle horse to stand unattended or insecurely tied; or
(j) Hitch a saddle horse to a tree, shrub or structure in any manner that may cause damage.
Sec.15.109 Wildlife
It shall be unlawful within any city park and recreation area for a person to:
(a) Harm, harass, disturb, trap, hunt, confine, catch, possess or remove any wildlife, or portions
of wildlife except by permit issued by the director;
(b) Release any fish into the waters except as authorized by the director (not including fish
caught within a city park).
ARTICLE 15.200 PARK BOARD
Sec.15.201 Creation
There is hereby created a municipal park board for the purpose of making recommendations to the
city council concerning improvements and management in its respective areas of interest.
Sec.15.202 Members
The park board will consist of five (5) members who shall be appointed by city council.
Sec. 15.203 Qualifications of Board Members
Members of the park board shall have the same qualifications as are required for membership on
the city council.
Sec. 15.204 Terms of Office
(a) Members shall serve from July 1 of the year of appointment for staggered terms of two (2)
years, and may be appointed to three (3) successive terms of office. The members of the park
board shall be identified by place numbers one (1) through five (5). The even -numbered places
shall expire in even -numbered years and the old -numbered places shall expire in the odd -
numbered years. Newly appointed members shall be installed at the first regular park board
meeting after their appointment.
(b) The park board shall hold an annual organization meeting each year and shall elect a
chairman, vice-chairman and a secretary from among its own membership. Any three (3) of the
regularly appointed members shall constitute a quorum. The board shall determine its own rules
and order of business and meet as needed. All meetings shall be open to the public and shall be
conducted under the Texas Open Meetings Act, Article 625247 and a permanent record of
proceedings maintained.
Sec.15.205 Removal
The members of the park board shall be subject to removal from office by the city council, upon
a majority vote, for any cause deemed sufficient for their removal, in the interest of public
service. Regular attendance at the board meetings is required of all board members. The
following number of absences shall constitute the basis for replacement of a member. Three (3)
consecutive absences from meetings of the board shall cause the position to be considered
vacant. In addition, the position of any board member who has four (4) absences in a twelve (12)
month period shall also be considered vacant.
Sec. 15.205 Powers and Duties of Park Board
(a) The board shall serve as a consulting, advisory and supervisory body to study and
recommend policies relating to the operation, promotion, enlargement, future planning and such
other matters involving city parks as may be referred to it by the city council.
(b) The board will also sever as the keep sanger beautiful board as well as the sanger public tree
advisory board.
(c) All actions recommending expansion of the park system and the making of additions and
betterments thereto or extensions thereof and the fixing of rates and charges for services shall be
submitted to the board for review and recommendation to the city council.
(d) The board shall submit annually to the city administrator, not less than one hundred twenty
(120) days prior to the beginning of the budget year, a list of recommended capital improvements,
which in the opinion of the board ought to be constructed during the forthcoming five (5) year
period. Such list shall be arranged in order of preference with recommendations as to which
projects should be constructed in which year.
ARTICLE 15.300 KEEP SANGER BEAUTIFUL BOARD
Sec. 15.301 Purpose and Intent
(a) To serve as an educational, advisory, and a coordinating board through which business
and industry, government, and public and private organizations may work together to prevent
pollution, to ensure clean, attractive neighborhoods, beautiful highways, parks, beaches, and
well -kept historical shrines and monuments.
(b) To encourage the preservation of Sanger's natural beauty and environment through
programs of public education with emphasis on the prevention of litter and proper solid waste
management, including proper disposal and recycling.
(c) To develop among residents of Sanger a pride in their community and their state, and to
emphasize the benefits of a clean, healthful and beautiful community.
(d) To encourage and assist in developing voluntary community improvement through
enlightened leadership, thereby creating an appreciation for the city through good citizenship.
Sec. 15.302 Establishment of the Keep Sanger Beautiful Board
The Keep Sanger Beautiful board shall be composed of the then -seated members of the Sanger
Parks Board. Additional duties of parks board members, pertaining specifically to the Keep
Sanger Beautiful board include the following.
Sec. 15.303 Power and Duties of the Keep Sanger Beautiful Board
(a) The board shall serve as a consulting, advisory and supervisory body to study and
recommend policies relating to the operation and promotion of beautification efforts as outlined
in the Keep Texas Beautiful Program.
(b) Submit an annual application to renew the City of Sanger's standing within the Keep
Texas and Keep America Beautiful organizations.
(c) The board shall submit annually to the city manager, not less than one hundred twenty
(120) days prior to the beginning of the budget year, a list of recommended capital
improvements, which in the opinion of the board ought to be constructed during the forthcoming
I period. Such list shall be arranged in order of preference with recommendations as to
which projects should be constructed in which year
(d) Other duties that maybe assigned by the city council.
ARTICLE 15.400 TREES IN PUBLIC PLACES AND RIGHTS -OF -WAY
Sec. 15.401 Purpose and Intent
There is hereby created and established a public tree care ordinance to provide the city with legal
authority over the care of all trees, plants and shrubs located within city owned and controlled
property, public rights -of --way, parks and other public places, which will aid in the establishment
A a municipal landscape program and will enhance the public health, safety and beauty of the
city.
Sec.15.402 Oversight
The city manager shall have oversight authority and responsibility for the implementation of the
public tree care ordinance.
Sec. 15.403 Care of Public Trees and Private Trees Creating Hazard to Public Safety,
Health and Welfare
(a) The parks and recreation director shall administer the operational aspects of the public tree
care ordinance, including for example, responsibility for tasks such as planting, pruning,
maintaining and removing trees, plants and shrubs within the public right-of-way of all city streets,
alleys, avenues, lanes, squares, parks, and public grounds owned or controlled by the city, as may
be necessary to insure public safety or to preserve or enhance the symmetry and beauty of such
city owned or controlled public grounds.
(b) The parks and recreation director, in compliance with the city council's approved policy,
process and procedures for such work, including obtaining permission and a release to access and
perform work from the owner of property upon which hazardous trees are located, may remove or
prune a tree on private property which threatens the safety, health and welfare of members of the
public who may use a city street, sidewalk, park or public right -of --way. Additionally, in accord
with the city council's approved policy, process and procedures for such work, the public works
director shall have the right to prune or remove a tree or shrub that obstructs the view of any traffic
sign, street light, or security light, when it is determined that the tree or shrub in its existing
condition creates a safety hazard for those that may use the city's streets or rights -of -way.
(c) No person shall remove, prune, destroy, or cause the removal, pruning or destruction of a
tree, shrub or plant located on city property, including those located in any city park, without first
having obtained written permission for such removal, pruning or destruction from the public works
Erector or his/her designee.
(d) It shall be unlawful for any individual, organization or entity to attach any cable, wire, rope,
sign or any other object to any tree, plant or shrub located on city property, including those in city
parks, without written permission from the public works director, or his/her designee.
Sec. 15.404 Establishment of a Public Tree Advisory Board
(a) Membership. The public tree advisory board shall be composed of the then -seated members
of the Sanger Parks Board. Additional duties of parks board members, pertaining specifically to
the public tree care ordinance, include the following.
(b) Duties.
(1) Promote the protection of healthy trees on public property;
(2) Coordinate and promote "Arbor Day" activities;
(3) Develop public awareness and education programs relating to trees in the Sanger
community;
(4) Review city department and public concerns relating to tree care on the city's
public property;
(5) Consult with the state forest service for advice on protection of existing native or
established trees and/or the planting of new "native" trees,
(6) Submit an annual application to renew the "Tree City USA" designation, with
the permission of the city council; and
(7) Other duties that maybe assigned by the city council.
ARTICLE 15.500 —PARK LAND DEDICATION
Sec 15.501 Purpose and Intent
This Section is adopted to provide recreational areas in the form of neighborhood and community
park facilities as well as community open spaces as a function of subdivision and site
development in the City of Sanger and its Extra -Territorial Jurisdiction (ETJ). This Section is
enacted in accordance with the home rule powers of the City of Sanger granted under the Texas
Constitution, and the statutes of the State of Texas, including, but not by way of limitation, Texas
Local Government Code Chapter 212 as may be amended from time to time.
It is hereby declared by the City Council that recreational areas in the form of neighborhood and
community parks as well as open spaces are necessary and in the public welfare, and that the
only adequate procedure to provide for neighborhood and community parks as well as open
spaces is by integrating such requirements into the procedure for planning and developing
property or subdivisions in the City and its ETJ.
Neighborhood, Community Parks and Open Spaces are those providing for a variety of outdoor
recreational opportunities and located within convenient distances from a majority of the
residences to be served. Neighborhood, Community Parks and Open Spaces areas established by
the Sanger Parks and Recreation Department and shown on the official Parks and Recreation
map for the City of Sanger shall be prima facie proof that any park located therein is within such
a convenient distance from any residence located therein. The primary cost of neighborhood
parks should be borne by the landowners of residential property who, by reason of the proximity
of their property to such parks, shall be the primary beneficiaries of such facilities. Typically,
the landowner of a proposed residential development is the developer.
Therefore, the following requirements are adopted to affect the purposes stated above
Sec 15.502 Applicability
This Section applies to a landowner who develops land for residential use located within the City
or within its extraterritorial jurisdiction.
Sec 15.503 General Requirements
The City Manager or his designee shall administer this Section with certain review,
recommendation and approval authorities being assigned to the Planning and Zoning
Commission, the Parks and Recreation Advisory Board and various City departments as
specified herein.
Generally, the developer of residential property must address the following requirements
pursuant to this Section: dedication of land for neighborhood, community or open space use or
payment of a fee in lieu thereof, dedication of land. 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. If the actual number of dwelling units exceeds the
original estimate, additional park land or fees may be required in accordance with the
requirements in this Section.
The schedule of fees and required land dedications is attached hereto as the fee schedule and
incorporated and made a part of this Section for all purposes. The identification of park areas for
neighborhood parks is as shown on the City's Recreation, Park and Open Space Master Plan
referenced herein and incorporated by reference.
Sec 15.504 Land Dedication
a) The amount of land to be dedicated for neighborhood, community parks and open
spaces shall be as set forth in the fee schedule.
The total amount of land dedicated for the development shall be dedicated to the City in fee
simple:
(1) Prior to the issuance of any building permits for multi -family development;
(2) Concurrently with the final plat for a single phase development;
(3) For a phased development the entire park shall be either platted concurrently
with the plat of the first phase of the development; or
(4) The developer may provide the City with financial security against the future
dedication by providing a on 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 as set forth in the fee
schedule. 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
parkland.
b) For development located within the extraterritorialljurisdiction of the City, the dedication
requirements of this Section may be met through the creation of private parkland in the same
amount required as set forth in the fee schedule provided the developer enters into a written
agreement that all such private parkland be dedicated to the City at the time of full purpose
annexation into the City and provided that any plat related to such development, is inscribed
with a notation regarding same.
Sec 15.505 Fee in Lieu of Land
In lieu of dedicating park land for neighborhood, community parks and open spaces, a developer
may request to meet park land dedication requirements, through payment of a fee in lieu thereof
in the amounts set forth in the fee schedule. Such fees shall be due at the same time as fees are
due for final platting or for issuance of a building permit, whichever occurs first.
Sec 15.506 City Final Approval
The City shall have the final authority in determining how much, if any, land or fee may be
accepted in lieu of required land dedication. The City may, from time to time, require that a fee
be submitted in lieu of land dedication in amounts as set forth in the fee schedule for either,
both, some or all of neighborhood park land or community park land dedication or open space
dedications. Likewise, the City may, from time to time, require that land be dedicated in amounts
as set forth in fee schedule and that no fee in lieu of land will be accepted.
Sec 15.507 Approval Process for Parlc Land Dedication
a) Dedications of less than five (5) acres for public parks purposes is impractical. Therefore,
if fewer than 50 dwelling units are proposed the developer/landowner shall pay a fee in lieu of
dedication of land. The only time a land dedication of less than five (5) acre will be considered
is when the land can be added to an existing park.
b) For any proposed required neighborhood, community park, and open space land
dedication equaling or exceeding five (5) acres of land or equaling or exceeding payment of a
fee in lieu thereof containing floodplain or greenway, the landowner must:
(1) Obtain a recommendation from the Parlcs and Recreation Advisory Board, and
(2) In making its decision, the City Council may choose to submit such application
to the Parlcs and Recreation Advisory Board for its recommendation. In such event, the
City Council shall consider such recommendation but may make a decision contrary
in accordance with the criteria set forth herein.
Sec 15.508 Submitting Fee
Any fees required to be paid pursuant to this Section shall be remitted:
a) Prior to the issuance of any building permits for multi -family development; or
b) Upon the submission of each final plat for single-family, duplex or townhouse
development
Sec 15.509 Use of Fees
Fees may be used only for the acquisition or development of park facilities to which they relate.
For fees in lieu of neighborhood, community parks and open space land dedication may only be
used for purchase and/or development of neighborhood parks located within such a convenient
distance from any residence located within the same area as the development.
Sec 15.510 Reimbursement for City Acquired Park all
The City may from time to time acquire land for parks in or near an area of actual or potential
development. If the City does acquire park land for a neighborhood park or acquires park land for
a community park, the City may require subsequent dedications to be in fee in lieu of land only.
This will be to reimburse the City for the cost(s) of acquisition.
Sec 15.511 Prior Dedication or Absence of Prior Dedication
If a dedication requirement arose prior to enactment or amendment of this Section, subsequent
development for the subject tract to which the dedication requirements applies may be subject
to vesting as set forth in Chapter 245 Texas Local Government Code. Depending on the
circumstances, additional dedication may be required for the increase in dwelling units from
what was originally proposed.
Sec 15.512 Comprehensive Plan Considerations
The City's Recreation, Park and Open Space Master Plan is intended to provide the Parks and
Recreation Advisory Board with a guide upon which to base its recommendations. Because of
the need to consider specific characteristics in the site selection process, the park locations
indicated on the Plan are general. The actual locations, sizes, and number of parks will be
determined when development occurs or when sites are acquired by the City, including by
donation.
Park areas for neighborhood parks are established by the City's Recreation, Park and Open Space
Master Plan as a component of the City's Comprehensive Plan, and indicate service areas for
neighborhood parks. Area boundaries typically follow key topographic features such as major
thoroughfares, streams, City limit and ETJ boundary lines. New park areas may be created or
existing zones amended pursuant to procedures for amending the City's Recreation, Park and
Open Space Master Plan as land acquisitions or other circumstances dictate.
Sec 15.113 Special Fund; Right to Refund
a) The City shall establish a special fund for the deposit of all sums paid in lieu of land
dedication which shall be known as the Parlc Land Dedication Fund. Any interest earned by
these funds shall remain in this account and be used for the fund's intent.
b) The City shall account for money paid in lieu of land dedication with reference to
individual plats. Any funds not expended by the City within ten (10) years of the date
received by the City for acquisition or development of a park shall be returned to the payee
if requested by the payee in writing. The payee on the last date of the ten (10) year period
shall be entitled to a proportional refund computed on a per -dwelling unit basis. The payee
must request a refund in writing within one (1) year of entitlement or such right shall be
barred.
Sec 15.514 Park and Guidelines and Requirements
Parks should be easy to access and open to public view so as to benefit area development,
enhance the visual character of the City, protect public safety and minimize conflict with
adjacent land uses. The following guidelines and requirements shall be used in designing parks
and adjacent development.
1. Any land dedicated to the City under this Section must be suitable for park and
recreation uses as determined by the City. The dedication shall be free and clear of any and all
liens and encumbrances that interfere with its use for park purposes. The City Manager or his
designee shall determine whether any encumbrances interfere with park use. Minerals may be
reserved from the conveyance provided that there is a complete waiver of the surface use by
all mineral owners and lessees. A current title report must be provided with the land
dedication. 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 Denton County
Tax Assessor shall be submitted with the dedication or plat.
2. Consideration will be given to land that is in the floodplain or may be considered
"floodable" even though not in a federally regulated floodplain as long as, due to its elevation,
it is suitable for park improvements. Sites should not be severely sloping or have unusual
topography which would render the land unusable for recreational activities.
3. Land in floodplains or designated greenways will be considered on a three (3) for one
(1) basis. Three (3) acres of floodplain or greenway will be equal to one (1) acre of park land.
4. Where feasible, park sites should be located adjacent to greenways and/or schools in
order to encourage shared facilities and joint development of new sites.
5. Neighborhood park sites should be adjacent to residential areas in a manner that serves
the greatest number of users and should be located to minimize users having to cross arterial
roadways to access them.
6. Where appropriate, sites with existing trees or other scenic elements are preferred.
7. Detention/retention areas may not be used to meet dedication requirements, but may
be accepted in addition to the required dedication. If accepted as part of the park, the
detention/retention area design must meet specific parks specifications in the City's Manual
of Park Improvements Standards.
8. Where park sites are adjacent to greenways, schools, or existing or proposed
subdivisions, access ways maybe required to facilitate public access to provide public access
to parks.
9. It is required that thirty (30) percent of the perimeter of a park should abut a public
street. If site prohibits this requirement Council may approve a reduced percentage.
SECTION 2. All ordinances of the City of Sanger in conflict with the provisions of this
ordinance shall be, and the same are hereby repealed.
SECTION I Should any word, sentence, paragraph, subdivision, clause, phrase or
section of this ordinance or of the Code of Ordinances, as amended hereby, be adjudged or held to
be void or unconstitutional, the same shall not affect the validity of the remaining portions of said
ordinance or the Code of Ordinances, as amended hereby, which shall remain in full force and
effect.
SECTION 4. Any person, firm, or corporation who shall violate any of the provisions of
this article shall be guilty of a misdemeanor and upon conviction shall be fined in accordance with
the general penalty provision in Section 1.109 of this Code.
SECTION 5. This ordinance shall take effect immediately from and after its passage and
publication of the caption as required by law and Charter in such cases provide.
DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
SANGER, DENTON COUNTY, TEXAS, ON THIS THE 21st DAY OF FEBRUARY, 2017.
Thomas E. Muir, MAYOR
ATTEST:
Cheryl P'ric�-CITY SECRETARY