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(A) Depending on the circumstances, additional proportionate dedication may be required for the increase in dwelling units from what was originally proposed and may be either land dedication or money in lieu of land or development, at the discretion of the Council. At the discretion of the Council, any former gift of land or cash to the city may be credited toward eventual land dedication or development requirements imposed on the developer.
(B) The Council shall consider recommendations of the Park Board in exercising its discretion under this section.
(Ord. 180327B, passed 3-27-2018)
The city's approved plans, including the Comprehensive Plan and the Parks, Recreation, and Trails Master Plan, are intended to provide the Park Board with a guide upon which to base its recommendations and for the city to take action. Because of the need to consider specific characteristics in the site selection process, the park locations and sizes indicated in the plans 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 donations.
(Ord. 180327B, passed 3-27-2018)
(A) All parkland dedication fees will be deposited in a fund specifically dedicated to the purchase and/or acquisition of parks in the city. All park development fees will be deposited in a fund specifically dedicated to the improvement and/or development of parks in the city.
(B) The city shall account for all fees in lieu of land dedication and all park development fees paid under this subchapter with reference to the individual plat(s) involved. Any fees paid for such purposes must be encumbered or expended by the city within ten years from the date received by the city for purchase, acquisition, development, and/or improvement of a park as required herein. Such funds shall be considered to be spent on a first-in, first-out basis.
(C) The developer of the property on the last day of the ten-year period shall be entitled to a pro rata refund that includes the original contribution, computed on a per dwelling unit basis, if the fees are not encumbered by contract or purchase order, expended, or if the property under which fees were paid has not received benefit from a park acquired or developed within the city with the fees paid. The property owner of the property must request the refund in writing, within one year of entitlement, or the right shall be deemed permanently waived. Any interest earned with these funds shall remain in these funds and be used for the fund's intent.
(Ord. 180327B, passed 3-27-2018)
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)
(A) All materials and equipment provided to the city shall be new unless otherwise approved in advance by the City Manager or his designee, and all work will be of good quality, free from faults and defects, and in conformance with the designs, plans, specifications, drawings, and recognized industry standards. This warranty, any other warranties express or implied, and any other consumer rights, shall inure to the benefit of the city only and are not made for the benefit of any party other than the city.
(B) All work by the developer not conforming to these requirements, including, but not limited to, unapproved substitutions, may be considered defective.
(C) This warranty is in addition to any rights or warranties expressed or implied by law.
(D) Where more than a two-year warranty is specified in the applicable plans, specifications, or submittals for individual products, work, or materials, the longer warranty shall govern.
(E) This warranty obligation may be covered by any maintenance bond tendered in compliance with this subchapter.
(F) If any of the work performed by the developer is found or determined to be either defective, including obvious defects, or otherwise not in accordance with this subchapter, the designs, plans, drawings, or specifications, within two years after the date of the issuance of a certificate of final completion of the work, or a designated portion thereof, whichever is longer, within two years after acceptance by the city of designated equipment, or within such longer period of time as may be prescribed by law or by the terms of any applicable special warranty required by this subchapter, developer shall promptly correct the defective work at no cost to the city.
(G) The failure, including cracking or other indication of failure, of an improvement shall be deemed conclusive that the workmanship or product is defective.
(H) During the applicable warranty period and after receipt of written notice from the city to begin corrective work, developer shall promptly begin the corrective work. The obligation to correct any defective work shall be enforceable under this code. The guarantee to correct the defective work shall not constitute the exclusive remedy of the city, nor shall other remedies be limited to the terms of either the warranty or the guarantee.
(I) If within 20 calendar days after the city has notified developer of a defect, failure, or abnormality in the work, developer has not started to make, and continuously worked to complete, the necessary corrections or adjustments, the city is hereby authorized to make the corrections or adjustments, or to order the work to be done by a third party. The cost of the work shall be paid by developer.
(J) The cost of all materials, parts, labor, transportation, supervision, special instruments, and supplies required for the replacement or repair of parts and for correction of defects, shall be paid by developer, its contractors, subcontractors, or by the surety.
(K) The guarantee shall be extended to cover all repairs and replacements furnished, and the term of the guarantee for each repair or replacement shall be two years after the installation or completion. The two-year warranty shall cover all work, equipment, and materials that are part of the improvements made under this subchapter.
(Ord. 180327B, passed 3-27-2018)