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 and accepting parks and adjacent development.
(A) Any land dedicated to the city under this subchapter must be suitable for park and recreation uses. 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 developer 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 Rockwall County Tax Assessor or Kaufman County Tax Assessor, whichever is applicable, shall be submitted with the dedication or plat.
(B) Land in floodplains or designated greenways is not preferred but can be considered on a 50% per acre basis, at the discretion of the Council (for example, four acres of floodplain or greenway will be equal to two acres of potential parkland). The following factors shall be considered for potential parkland in the floodplain or in designated greenways:
(1) Sites should not be severely sloping or have unusual topography that would render the land unusable for recreational activities or for improvements. At least 50% of a parkland site shall be less than 10% grade, well drained, and suitable for active play, unless the intent of the dedication is to provide a beneficial connection or to preserve an environmental, natural, or cultural resource/asset;
(2) Placement of recreational or parkland support amenities, including paths or access for maintenance purposes, can be placed in the area in compliance with applicable watershed requirements;
(3) It is preferred that the floodplain area provide suitable passive recreation, scenic views, wildlife habitat protection, water quality protection, tree protection, and/or trail connectivity to the more intensive uses in non-floodplain areas;
(4) Park sites shall have access to water and sewer lines prior to or upon dedication. Site plans and subdivision applications must demonstrate sufficient water and wastewater capacity to serve the park;
(5) Park sites should be located adjacent to greenways and/or schools, where available, in order to encourage shared facilities and joint development of new sites;
(6) 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;
(7) Where appropriate, sites with existing trees or other scenic elements or natural assets are preferred;
(8) Detention/retention areas shall not be utilized to meet dedication requirements unless they are designed in an innovative manner so as to provide for suitable recreational purposes, but they may be accepted in addition to the required dedication. If accepted as part of the park, the detention/retention area design must meet the standards as specified in all codes and regulations.
(9) Where park sites are adjacent to greenways, schools, or existing or proposed subdivisions, access ways may be required to facilitate public access to provide public access to parks;
(10) It is preferred that a minimum 50% of the perimeter of a park should abut a public street. Parks shall have at least a portion of the property adjacent to a public street or shall have associated public access easements and improvements to allow for ready access. Public view of the park from a public street is desirable to facilitate community connections and provide for crime prevention through environmental design;
(11) Community-scale parks should be accessible from major arterial streets so as to be accessible by large numbers of people;
(12) Areas for potential parkland that are encumbered by overhead utility lines or easements of any type which would limit the opportunity for recreational and park development are not preferred;
(13) All rubbish, trash, junk, and other offensive materials shall be removed from all dedicated lands and the property returned to its natural condition except as to approved construction and improvement thereon; and
(14) For dedications of more than two acres of land and upon the request of the City Engineer, a developer-funded environmental or engineering study, audit, or assessment may be required in some cases demonstrating that the property is in a condition that would allow the city to utilize the property for public park purposes without expenditures to remove or mitigate environmental or hazardous materials or conditions; suitable and safe for use as a public park; and free from environmental or engineering-related problems.
(Ord. 180327B, passed 3-27-2018)