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08-10-01-Ordinance-Adding Open Space, Park areas for Public Use Dedication-08/20/2001CITY OF SANGER, TEXAS ORDINANCE No. #08-10-01 AN ORDINANCE OF THE CITY OF SANGER, DENTON COUNTY, TEXAS, AMENDING CHAPTER 91 SECTION 6 OF THE CODE OF ORDINANCES; CITY OF SANGER BY ADDING A SECTION TO BE NUMBERED 6.18; PROVIDING FOR THE REPEAL OF ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. BE IT ORDAINED AND ORDERED by the City Council of the City of Sanger Texas: That Chapter 6, Section 6 (6.18) of the Code of Ordinances, City of Sanger, Texas, is hereby added to read as follows: SECTION I 6.18 - Park. Open Space, Recreation Areas & Public Use Dedication A. This section includes parcels of land intended to be dedicated for public use or reserved in the deeds for the use of all property owners in the proposed subdivision, together with the purpose, conditions, or limitations of such reservations. B. General Park Requirements for Residentially Zoned Property 1. Preliminary and Final Plats shall show areas proposed for park(s). Construction plans shall show improvements and development provided by the developer. 2. The Final Plat shall contain a clear fee simple dedication of the land to the City for park use. 3. The area dedicated shall be not less than one (1) acre for each 50 dwelling units. The term 'dwelling unit' means any building or portion thereof which contains living facilities, including provisions for sleeping, eating, cooking and sanitation, as required by this code, for not more than one family. Each multi -family development shall indicate the number of dwelling units to be incorporated in the development on the Preliminary and Final Plat submissions 4. Payment of money in lieu of dedication of land is authorized when permitted or required by other provisions of this ordinance. 5. Money paid in lieu of dedication of land may be used only for acquisition or development/improvement of a neighborhood/community park located within the same general area as the development or in park facilities intended for access and use by the entire City. C. Area Less Than One Acre Development of an area less than one (1) acre for, public parks purposes is impractical. Therefore, if fewer than 50 dwelling units are proposed the developer/landowner shall pay money in lieu of dedication of land. The only time a land dedication of less than one (1) acre will be considered is when the land can be added to an existing park D. Area Greater Than One Acre 1. Proposed park areas shall be presented as part of the Preliminary Plat. The Parks Board and Planning and Zoning Commission will review and comment on each park dedication prior to presentation to the City Council. Proposed improvements and development standards will be presented to the Parks Board, Planning & Zoning Commission and City Council. 2. The City Council may accept or reject the land offered by the developer/landowner and require money in lieu of dedication of land. Some issues for consideration by the City may include: a. Land is unusable or not compatible with the Master Plan. b. Sufficient park area is already dedicated in the development area C. The area would be better served by expanding or improving existing parks. d. Acquisition of the land is not in the best interest of the City. E. The land for park development shall be dedicated in the Final Plat or simultaneously by separate instrument. F. If the developer/landowner exceeds the number of dwelling units/lots upon which the original dedication was based, then additional dedication or payment of money in lieu of dedication shall be required at the discretion of the City Council. G. Prior Dedication; Absence of Prior Dedication 1. Credit shall be given for land dedicated and/or money paid for public park purposes prior to the enactment of this ordinance. 2. Subdivisions in the platting system shall be controlled by the ordinance in effect at the time such application arose, except additional dedication shall be required only for the increase in density described in paragraph F, above, and may be either land or money in lieu of land as determined by the City Council. H. Money in Lieu of Land 1. The dedication requirement shall be met by a payment of $ 500.00 per lot in lieu of dedication of land. 2. Payment of money in lieu of dedication of land for park purposes shall be made prior to the issuance of the first building permit. I. Master Plan Considerations The City of Sanger Master Plan will be used for guidance concerning the desired location and type of parks to be developed. I Special Fund 1. 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 Park Land Dedication Fund. Any interest earned by these funds shall remain m this account and be used for the fund's intent. 2. 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 developer if requested by the developer in writing. The developer of the property 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 property owner of such property must request a refund in writing within one (1) year of entitlement or such right shall be barred. K. Additional Requirements 1. Any land dedicated to the City under this ordinance must be suitable for park and recreation uses. The offer of land with the following characteristics may be refused: a. Any areas of unusual topography or slope or other characteristics which render same unusable for reasonable park construction. b. Any area that does not meet the grant requirements of the State of Texas, Department of Parks and Wildlife. 2. Drainage areas may be accepted as part of a park if no significant area of the park is cut off by access to such channel and if suitable improvements may be made within the area without unreasonable cost by the City. 3. Each park must have direct access to public streets. SECTION H All Ordinances or parts of Ordinances in conflict herewith are, to the extent of such conflict, hereby repealed. SECTION III It is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses, and phrases of this Ordinance are severable and, if any phrase, clause, sentence, paragraph, or section of this Ordinance shall be declared unconstitutional by the valid judgement or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs, and sections of this Ordinance, since the same would have been enacted by the City Council without the incorporation in this Ordinance of any such unconstitutional phrase, clause, sentence, paragraph, or section. SECTION IV This Ordinance will take effect immediately after its passage and the publication of the caption as the law in such cases provides. PASSED AND APPROVED this 20th day of August 2001, by the City Council of the City of Sanger, Texas. ATTEST: Rosalie Chavez, City Sp6etary APPROVED: ommy c id, Mayor °B) Sv.v sae vv lam'