§ 23-78. Park land dedication requirements.

The dedicated land shall follow the guidelines below:

(a)

Land treatment. Following preliminary platting of the park land by the subdivider or developer, the subdivider or developer shall not cause or allow any fill material or construction debris to be dumped on the land (park site), excavate the soil, grade the site, remove or damage vegetation or otherwise physically disturb the site without written permission from the director of the parks and recreation department ("director"). The subdivider may issue no easements or other dedications. The director may allow the subdivider or developer to dump fill material and take other respective actions specified in subsection (p) when, at the discretion of the director, such action would be beneficial to the parkland. In all such cases the city shall provide a letter of permission to the respective subdivider or developer prior to the action in question. The property shall be considered and treated as parkland.

(b)

Amount of land required. The amount of land required to be dedicated for parkland will be calculated at a rate of not less than eight (8) acres of parkland per one thousand (1,000) ultimate residents or an equivalent ratio thereof. The area of the park to be dedicated shall be measured and calculated to the curb line of any street within the subdivision bounding said park. Parkland must have a minimum of two hundred (200) feet of frontage on a dedicated public street. The following formula shall be used to determine the amount of parkland to be dedicated:

8.0 × (No. Units) × (Persons/Units)	=	Acres to be dedicated
1,000

 

(c)

Average number of persons per unit. The number of persons per unit shall be based on data compiled by the city and shall be reviewed and adjusted as necessary. The following figures represent the average number of persons per unit by current density categories, and shall be used to calculate parkland dedication:

Gross Density Per Residential Land	Persons Per Unit
From 0 to 6 (Single Family)	3.6
Over 6 to 20 (Multifamily)	2.3

 

(d)

Density for multifamily development. Where a subdivision plat is submitted for a multifamily residential development and information is not provided concerning the number of units, the city shall assume the highest density allowed in the district applied to the property. This assumed density might be adjusted to a figure provided by the developer if recorded as a restrictive covenant enforceable by the city and approved by the city attorney.

(e)

Dedications of less than five (5) acres. When an area of less than five (5) acres is required to be dedicated, the city may elect to accept the land offered for dedication, or refuse the same and require the payment of fees in lieu thereof.

(f)

Determining the optimum location for parks. When one or more development will be necessary to create a neighborhood park of sufficient size in the same area, the parks and recreation department director, prior to the time of preliminary plat approval, will work with the developers to define the optimum location of their dedication within their plats. Once a park site has been determined, adjacent property owners who develop around the park site will dedicate land on the existing site unless otherwise determined by the city council.

(g)

Dedication of floodplain lands. No park land shall be submitted for approval by the city that falls within the 100-year flood plain or is a portion of any drainage or detention systems unless the planning and zoning commission determines after receiving a recommendation from the parks and recreation board, that the flood plain is desirable for recreation and the flood plain is left in its native condition with the exception of allowing vegetation to be pruned or maintained in a way consistent with the recreational uses and allowing installation of recreational improvements consistent with flood plain uses such as trails, picnic areas, etc. If it is determined that the native flood plain areas are useful for recreational purposes, up to twenty-five (25) percent of the land area maintained as native flood plain may be counted toward the park land requirements with the condition that the park land is at least two hundred (200) feet in width and that none of the park land is utilized for stormwater detention.

(h)

Review of lands to be dedicated. All land intended for park purposes shall be inspected both on the plat and in the field by the director of parks and recreation who shall report to the chairman of the parks and recreation board, who shall make a recommendation to the planning and zoning commission as to the desirability of the parkland. If all or a portion of this land is determined to not be in the best interest of the city, the city may require a payment of money in lieu of land, or part land and part money. This will be determined by the city council after considering the recommendations of the parks and recreation board, the planning and zoning commission and the parks and recreation director.

(i)

Placement of corner markers. The developer shall be obligated to place survey corner markers at all corners of the parkland, which have been located by a licensed and professional surveyor. The markers will be four (4) inch diameter PVC pipe recessed twelve (12) inches in the ground. They will contain a one-half (½) inch iron pipe or rebar and be filled with concrete flush with ground.

(j)

Provision for sewer service to the park site. The developer shall be responsible for providing a six (6) inch sewer stub ten (10) feet behind the curb at a location acceptable to the director of public works or designee. The director of public works or designee will be required to approve such location in writing prior to final approval and release of fiscal requirements of said subdivision. The developer must demonstrate that there is sufficient wastewater utility line capacity available to serve the park.

(k)

Provision for water supply to park site. The developer shall be responsible for providing a three-quarter (¾) inch metered water supply located twelve (12) feet behind the curb at a location acceptable to the director of public works or designee. The director of public works or designee will be required to approve such location in writing prior to final approval and release of fiscal requirements of said subdivision. The developer must demonstrate that there is sufficient water utility line capacity available to serve the park.

(l)

Provision for electricity supply to the park site. The developer shall be responsible for ensuring electricity shall be readily available at the park site and providing electrical lines at a location acceptable to the director of parks and recreation or designee.

(m)

Designation on preliminary and final plats. Parkland to be conveyed as part of a subdivision application shall be designated on both preliminary and final plats and shown as "Parkland Dedicated to the City of Eagle Pass" with the acreage of the parkland also shown. The applicant shall show the area designated as parkland in the narrative portion of the plat where the subdivider or developer dedicates all easements, rights-of-way, etc. to the city and designate it as a lot. At the time the applicant requests the city to accept the subdivision improvements, the applicant shall deliver to the parks and recreation department the warranty deed conveying fee simple title of all park land shown on the final plat approved by the planning commission. Any violation of section 4(a) shall result in delay of city acceptance of the subdivision until restoration is made or until a restoration fee calculated at a rate of actual restoration costs + administrative and design costs + the value of damage done to trees and terrain is paid to the city. The director of parks and recreation shall calculate the value of damages and restoration fee.

(n)

Park improvements by applicant. If the applicant proposes park improvements to fulfill some or all of the requirements of this subsection, the applicant shall provide a park plan with the submission of the subdivision plat. The park plan, as designed by a certified landscape architect, shall consist of a sealed plan drawing showing the entire park site, topographic contours and all proposed improvements including specifications for proposed equipment. It is the intent of this chapter that the applicant provides either parkland or a cash contribution instead of park improvements. Park improvements will be considered for compliance with this chapter only if it is the opinion of the planning commission, after considering a recommendation from the parks and recreation board, that the park improvements are more desirable than additional parkland dedication. The value of the park and recreational improvements together with any equipment located thereon, as approved by the city, shall be credit against the payment of fees or dedication of land otherwise required by this chapter. Any playground equipment and all other site improvements are required to be approved by the director of parks and recreation prior to approval of the park plan. Park and recreational facilities shall be in accord with principals and standards of the parks and recreation element of the current Eagle Pass Parks and Open Spaces Master Plan. All playground equipment and its installation must meet the safety standards set by the U.S. Consumer Product Safety Commission and the National Playground Safety Institute.

(o)

Purchase of park lands by city. The city may, from time to time, decide to purchase land for parks in or near the area of actual or potential development. If the city does purchase parkland, subsequent park land dedication for that area shall be in cash only, unless otherwise permitted by the city council.

(Ord. No. 05-22, § 1, 8-2-2005)