Section
156.01 Short title
156.02 Purpose and applicability
156.03 Park land dedication
156.04 Park land dedication acceptance criteria
156.05 Cash in lieu of land
156.06 Park development fee
156.07 Credit against park land dedication and park development fee
156.08 Park development fund and right to refund
156.09 Approval and appeal process
156.10 Non-residential developments
156.11 Review
156.12 Definitions
Cross-reference:
For provisions concerning Parks and Recreation, see Ch. 96
(A) This chapter is adopted to provide adequate recreational areas and amenities in the form of neighborhood parks as a function of subdivision development in the city and to make the park land dedication and park development fee requirements an integral part of the review and approval of residential developments, whether the developments consist of new construction on previously vacant land or rebuilding and redeveloping existing residential areas.
(B) New developments or redevelopments that involve only the replacement or reconstruction of pre-existing dwelling units shall be exempt from the provisions of this chapter, provided that the developments do not increase the density of the preexisting dwelling units or involve a replat of the property.
(C) Neighborhood parks are those parks that provide a variety of outdoor, recreational facilities and within convenient distances from a majority of the residences to be served by such parks, the standards for which are set forth in the Parks Master Plan.
(D) The park quadrants established by the Department and shown in the Parks Master Plan, and as attached in Exhibit “A” to Ord. OR-2227-21, shall be prima facie evidence that any park located therein is within a convenient distance from the majority of residences to be served thereby. The cost of the neighborhood parks should be borne by the ultimate residential property owners who, by reason of the proximity of their property to such parks, shall be the primary beneficiaries of such parks.
(E) The provisions of this chapter shall apply to the corporate limits as well as to the extraterritorial jurisdiction of the city as a portion of the subdivision regulation process.
(F) The provisions of this chapter shall not apply to properties that are included in a valid preliminary or final plat application that was submitted before the effective date of this chapter.
(Ord. 1421, passed 4-14-03; Am. Ord. OR-2227-21, passsed 11-8-21)
(A) The city has adopted by City Council action the Parks Master Plan, which provides planning policy and guidance for the development of a municipal park and recreation system for the city. The plan has assessed the need for park land and park improvements to serve the citizens of Mansfield. The plan has carefully assessed the impact on the park and recreation system created by each new development and has established a dedication and/or cost requirement based upon individual dwelling units. The plan constitutes an individualized fact based determination of the impact of new living units on the park and recreation system and establishes an exaction system designed to ensure that new living units bear their proportional share of the cost of providing park and recreation related services. Park land dedication requirements and park development fee assessments are based upon the mathematical formulas and allocations set forth within the plan. A summary table of the dedication and cost requirements is set forth in a park land dedication table attached to Ord. OR-2333-23 and incorporated herein for all purposes as attached in Exhibit “B” to Ord. OR-2333-23, and as hereafter amended from time to time by City Council.
(B) When developing residential properties, the owner or developer shall be responsible for a fee simple dedication of park land for each proposed dwelling unit in an amount established by the park land dedication table referenced in division (A) above and attached to Ord. OR-2333-23 as Exhibit “B.”
(C) Any proposed plat submitted to the city for approval shall show the area required to be dedicated under this section. In the event a plat is not required, the dedication of land required under this section shall be conveyed to the city through a warranty deed and approved by the city as to form and substance prior to the issuance of a building permit.
(D) Each corner of the park land dedication shall have an iron rod or pin set in accordance with other lot corners in the subdivision. In the absence of a plat, the location of iron rods or pins set for corners shall be identified on a recordable land survey completed by a land surveyor registered in the State of Texas, provided to the city by the developer, and approved by the city as to form and substance.
(E) The owner or developer shall meet with the Director of Parks and Recreation or his/her designee (hereinafter referred to the “Director”) to ensure compliance with the requirements in this section prior to platting. An application for plat approval shall not be accepted unless it is accompanied by written review comments from the Director.
(F) The City Council and the Mansfield Park Facilities Development Corporation generally consider that development of an area less than five acres for neighborhood park purposes may be inefficient for public maintenance. Therefore, if fewer than five acres are proposed as park land dedication, the Director shall have the option to:
(1) Accept the land dedication;
(2) Require the developer to pay the applicable cash in lieu of land amount as provided in § 156.05 below; or
(3) Reject the land dedication and grant credit for a private park as provided in § 156.07.
(G) The Director, prior to plat submittal, will define the optimum location of the required park land dedication based upon the proposed park being located adjacent to current or future park land and based on the Parks Master Plan. If there is not an opportunity for the proposed park land dedication to be adjacent to current or future park land, then the Director and Developer will work together to define an optimum location for the park land dedication. If an optimum location cannot be determined, then the Director shall accept the cash in lieu of land option as outlined in § 156.05.
(H) In the case of a multi-phase development, if the developer dedicates all the park land required by this chapter in the first or early phase(s) of the development, no additional park land dedication will be required in later phases unless additional lots that are not shown in the original preliminary plat are included in the later phases of the development.
(I) Unless approved by the Director, no construction materials shall be disposed of or deposited within the dedicated park land by the developer or its contractors, subcontractors, employees, or agents at any time while the subdivision is being built. If materials are deposited or disposed of within the park, the developer shall remove such materials within 72 hours of written notice by the city. If the developer fails to remove the materials after notice, the city may do so at the developer's expense and no building permits shall be issued for the subdivision(s) until that debt is paid to the city by the developer.
(Ord. 1421, passed 4-14-03; Am. Ord. OR-2227-21, passed 11-8-21; Am. Ord. OR-2333-23, passed 12-11-23)
(A) Land dedicated for a park or recreational area shall be of such size, dimensions, topography, and general character as is reasonably required by the city for the type of use necessary to meet the demand and need of future residents. Recreational needs for which land is dedicated must include multipurpose trails, open space buffer areas, active recreation for team or individual sports, playgrounds with unitary rubber surfacing, picnic areas with grills, pavilions and similar uses. Swimming pools or aquatic facilities do not meet the criteria for neighborhood parks.
(B) Rare, unique, endangered, historic or other significant natural areas will be given a high priority for dedication pursuant to this chapter. Areas that provide an opportunity for linkages between parks or that preserve the natural character of the surrounding environment may be required by the city to be included in the park land dedication.
(C) The city shall not accept land dedication pursuant to this chapter if it is subject to one or more of the following disqualifications unless individually and expressly approved by the Director:
(1) Land within floodplain and floodway designated areas, based upon 100-year floodplains as defined by the Mansfield Master Drainage Plans, unless such land dedication contains an open area as part of the total park land dedication property that is topographically suitable for the installation of the park amenities as defined in § 156.04(A) and (B) for neighborhood parks. In cases where floodplain land or property is proposed to be conveyed to satisfy the parkland requirements, a credit may be given upon the following ratio: two acres of floodplain shall equal one acre of non-floodplain land;
(2) Park land dedication sites which do not have ready access to public streets;
(3) Park land dedication sites abutted by private properties on more than two-thirds of the total boundary dimension of such site; or
(4) Areas encumbered by overhead utility lines or easements of any type which might limit the opportunity for park and recreation development.
(D) The city will not accept park land dedication sites encumbered by hazardous and or municipal waste materials or dump sites.
(E) If a developer proposes to dedicate land for park development purposes pursuant to the terms, conditions and requirements of this chapter, he or she shall permit the Director to make an onsite inspection of the property for the purposes of determining site suitability and identification of any visual hazards or impediments to park development and use. If the property owner has any form of environmental assessment on the tract, a copy of that assessment shall be provided to the Director. The Director may initiate and/or require the developer to initiate specific environmental studies or assessments if the visual inspection of the site gives rise to the belief that an environmental problem may exist on the site. The Director may require the employment of those consultants necessary to evaluate any environmental issues relating to the site provided that the Director makes such determination in good faith. If an environmental hazard is identified on the site, the developer must either remove the hazard prior to its acceptance into the park and recreation system of the city or pay the fee in § 156.05.
(F) The intention of this chapter is not to discourage the creation of parks and amenities in subdivisions that will be maintained by homeowners’ associations.
(Ord. 1421, passed 4-14-03; Am. Ord. OR-2227-21, passed 11-8-21)
(A) An owner or developer responsible for park land dedication under this chapter may be required, at the Director's option, to meet the dedication requirements in whole or in part by a cash payment in lieu of land in the amount set forth below. Such payment in lieu of land dedication shall be made prior to filing the plat for record or prior to the issuance of a building permit where a plat is not required. All funds collected pursuant to this section shall be used solely for the acquisition or leasing of park land in the park quadrant in which the subdivision or development is located.
(B) In instances where land is required to be dedicated, the Director shall have the right to reject the park land dedication and require a cash payment in lieu of land in the amount set forth below, if the Director determines that:
(1) The park land dedication site is such a small area that it is inefficient to maintain;
(2) Sufficient park area is already in the public domain for the park quadrant where the proposed development is located, and the recreation needs of the citizens will be better served by expanding or improving existing parks in said park quadrant; or
(3) The development project is located within the extraterritorial jurisdiction of the city and the Director determines that maintaining the park land will be financially impractical.
(C) 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 in a park quadrant, the city may require subsequent dedications within the quadrant to be cash payments in lieu of dedication only in order to reimburse the city for the costs of acquisition.
(D) The cash payment in lieu of land dedication shall be met by the payment of a fee set from time to time by city ordinance sufficient to acquire neighborhood park land. The cash payment shall be computed on the basis of the fee per dwelling unit as set forth in the park land dedication table set forth in Exhibit “B” attached to Ord. OR-2333-23 as referenced in § 156.03.
(E) A cash payment in lieu of land dedication, as set forth in this section, does not relieve the owner or developer of the obligation to pay the park development fee set forth in § 156.06. The cash payment in lieu of land dedication is in addition to the required park development fee.
(Ord. 1421, passed 4-14-03; Am. Ord. OR-2227-21, passed 11-8-21; Am. Ord. OR-2333-23, passed 12-11-33)
(A) In addition to the required dedication of land, as set forth above and based upon the study referenced in § 156.03(A), the developer or his or her successor shall pay a park development fee to the city as a condition to building permit issuance. However, for developments in the extraterritorial jurisdiction that are not subject to building permit requirement, the developer shall pay the park development fee prior to the recording of the final plat at the county. The park development fee shall be set from time to time by city ordinance and shall be sufficient to provide for the development of amenities and improvements on dedicated neighborhood park land in the park quadrant in which the subdivision or development is located. The park development fee shall be calculated on the basis of the fee per dwelling unit as set forth in the park land dedication table as set forth in Exhibit “B” attached to Ord. OR-2333-23 as referenced in § 156.03(A).
(B) In lieu of payment of the required park development fee, the developer, with written approval of the Director prior to initiation of work, may have the option to construct the neighborhood park and improvements. All public park improvements shall meet the minimum requirements set forth in the Parks Master Plan or amendment thereof. All development plans and specifications for the construction of said park improvements shall meet the minimum design and construction standards as provided by the Department, be sealed by a landscape architect registered in the State of Texas and be reviewed and approved by the Director prior to construction. The developer shall financially guarantee the construction of such park improvements by providing performance and payment bonds, an irrevocable letter of credit, or other similar security that is deemed acceptable by the Director prior to the recording of the plat for the subdivision. Performance and payment bonds shall name the city as dual obligee and shall cover 100% of the estimated construction cost of such park improvements as shown in a construction contract executed by the developer. The developer shall be required to provide a two year maintenance bond that is equal in amount to 100% of the construction cost of said park improvements and a manufacturers letter stating the main play structure and safety surface was installed in accordance with the manufacturers installation requirements. The developer shall also provide a copy of the application and subsequent inspection report prepared by the Texas Department of Licensing and Regulation or their contracted reviewer for compliance with the Architectural Barriers Act, codified as Article 9102, Texas Civil Statutes. All park improvements must be inspected by the city while construction is in progress. Once the park improvements are constructed, and after the Director has accepted such improvements, the developer shall deed and convey such improvements to the city and clear of any lien or other encumbrances.
(Ord. 1421, passed 4-14-03; Am. Ord. OR-2227-21, passed 11-8-21; Am. Ord. OR-2333-23, passed 12-11-23)
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