(a) The provision of adequate parkland for use as parks is necessary for the protection of public health, safety and general welfare of the community. The City has attempted to provide parks to serve the immediate recreational needs of residents near their homes, but it faces a severe shortage of local recreational space as new subdivisions are approved and the City’s population grows. Accordingly, it appears that the provision of parks can best be accomplished in conjunction with the platting and development of new residential areas, which increase the need for parkland and whose residents will be direct beneficiaries of the provision of such parkland.
(b) The subdividers of all residential subdivisions shall be required to provide for the parkland needs of future residents through the clear fee simple dedication of suitable land for park and recreational purposes. This requirement shall include the residential portions of any Planned Unit Development (PUD). Commercial subdivisions and a single-family subdivision of one lot, having met the platting requirements to facilitate construction of a single-family residence, shall not be subject to the parkland dedication requirements of this section.
(c) The subdivider shall dedicate parkland to the City as a part of the final plat approval. The area to be dedicated for the purpose of parkland shall be shown on the conceptual plan, the preliminary plat, and the final plat, and shall be included in the dedication statement. The parkland shall be dedicated to the City by general warranty deed, and acceptable evidence of clear title and evidence that all taxes have been paid shall be furnished by the City.
The City Council shall have the discretion to forego the transfer of the general warranty deed to the City of Liberty Hill in favor of transferring the land dedication to the Texas Parks and Recreation Foundation to act as a holding agent for the real property that will eventually become public parks or open space. The transfer of the land dedication to the Texas Parks and Recreation Foundation may be used for in-kind grant matches for park development grants in accordance with State regulations.
(d) The minimum amount of land required to be dedicated as parkland shall be 8% of the total subdivision acreage proposed for residential use, excluding acreage within the 100-year floodplain.
(e) Land dedicated for park and recreational purposes shall be of size, character, and location consistent with the standards outlined below:
(1) If necessary for optimum park placement, large dedicatory requirements under this section may be accomplished by dedication of two or more separate park sites as long as the combined area meets the requirements set out in this section.
(2) The dedicated parkland shall provide a minimum of 50 feet of frontage on a dedicated public street or of a width acceptable to the parks board and the City.
(3) At least 50% of the dedicated parkland shall be level, well-drained, and suitable for use as an open playfield.
(4) Water and wastewater connections shall be readily available at the park site with water and wastewater lines located along the street frontage of the park. The subdivider must demonstrate that there is sufficient water and wastewater utility line capacity available to serve the park.
(5) The area shall not be subject to any reservation of record, encumbrances of any kind, or easements which will interfere with the use of the land for park or recreational purposes.
(f) All land proposed for dedication as parkland that is located in a floodplain area shall:
(1) Be easily accessible and have adequate street frontage;
(2) Have any alteration of its natural character and that of its waterway approved by the parks board and City;
(3) Be at least 100 feet in width, or of a width acceptable to the parks board and the City;
(4) Have a configuration and topography suitable for placement of facilities such as playgrounds, picnic facilities, and open playfields.
(g) If a subdivider is unable to meet the standards set out in subsections
(d) and
(e) above, resort may be had to one or more of the following alternatives:
(1) Dedication by the subdivider of a unique area of natural beauty or an area possessing unique natural features or biologically valuable qualities;
(2) The combination of two or more required dedications to form a single, viable park area;
(3) Land dedication that would expand existing parks or recreation facilities; and/or
(4) Transfer of required parkland dedication in one subdivision to another location owned by the same subdivider.
(h) When an area is required to be dedicated, the City may require a cash payment in lieu of dedication or parkland.
(1) Where with respect to a particular subdivision the City council determines that a subdivider is unable to meet the requirements of Subsections (e), (f) and (g) above, the subdivider may be required to deposit a cash payment with the City. The amount of such cash payments shall be in accordance with the provisions set out in this section. Alternatively, the City may accept a combination of parkland dedication and a cash payment in lieu of a portion of the parkland dedication.
(2) All cash payments shall be used exclusively for the acquisition and/or improvement of parks.
(i) The amount of cash payment to be made to the City shall be 8% of the fair market value of the land proposed to be subdivided, as determined by a qualified real estate appraiser employed by the city, less a credit for the value of the land actually dedicated for parkland as determined by such real estate appraiser. A subdivider, at his own expense, may obtain an additional appraisal by a qualified real estate appraiser mutually agreed upon by the city and the subdivider. In such case, the City Council shall determine fair market value upon consideration of both the appraisals.
(j) All required cash payments must be submitted prior to final plat approval.
(k) Fifty percent of land contained within the 100-year floodplain shall be credited against the parkland dedication requirement; provided that adjoining land within the 25-year floodplain is also dedicated. Land within the 25-year floodplain shall not be credited against the parkland dedication requirement.
(l) Unless otherwise specified, the requirements of this section shall apply to all residential subdivisions. Exemptions from the provisions of this section shall be as follows:
(1) Any resubdivision of land that does not increase the allowed number of dwelling units;
(2) A subdivision for which a preliminary plat was approved on or before the effective date of this article, and which preliminary plat has not expired prior to approval of a final plat; or
(3) Where there has been entered into a special agreement with the City including specific provisions for the dedication of parkland or cash payments or in lieu of the requirements of this section.
(m) Any land that is dedicated as parkland and is disturbed during construction of the subdivision must be restored by the developer to its original condition or better prior to release of fiscal for the subdivision.
A plat or replat or site development permit will not be approved unless adequate parks and recreational requirements are provided, based on the standards specified in this Code. All residential developments will be required to comply with these standards and requirements. It is the intent of this Code that parks and recreational facilities are located and constructed to provide adequate capacity and functionality to the residents they serve and provide safe, healthy recreational opportunities to the community.
(n) City Council shall have the discretion to approve any combination of dedicated parkland or fee in lieu of a land dedication to serve the best interests of the citizens of Liberty Hill.
