(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)