§ 6. Conveyance of land requirements.

Where the council determines that a conveyance of land shall be required, in whole or in part, to meet the requirements of this ordinance, the following provisions shall apply:

1.

Amount. Any conveyance of land required hereunder shall be in an amount of not less than five (5) acres of land per one thousand (1,000) persons projected population (or a prorated share thereof). Density for any development shall be determined by the city at the time of platting.

2.

Manner and method. Plats of subdivisions required to be submitted for approval by the city in accordance with the V.T.C.A., Local Government Code §§ 212.001—212.017, shall show thereon a fee simple conveyance to the city of the land required by this ordinance for park purposes as a condition of approval of such plat by the council, and the city may further require the conveyance of the park property by general warranty deed. As a condition of acceptance of the plat or deed by the city, the subdivider shall provide the city with an owner's title policy of insurance in an amount equal to the value of the land conveyed, which amount shall be determined by the city.

a.

Single-family, duplex residential and multi-family developments. The amount of land required to be dedicated hereunder shall be determined at the time of platting based upon the recommendation of the city's planning director.

b.

If any zoning or subdivision change results in an increase in the number of dwelling units allowed on a platted lot, the difference shall be made up by the developer as a fee in lieu of land dedicated to be paid prior to issuance of a building permit.

3.

Credit for prior dedications. Where a gift of land was made prior to the effective date of this ordinance by the owner of land required to convey land under the provisions of this ordinance the former gift of land shall be credited on a per acre basis toward the required conveyance provided by this ordinance when the council finds that:

a.

The gift was made during the five-year period preceding June 16, 1997.

b.

The land given was within one-half (½) mile of the new development for which is required to be conveyed.

c.

The land given is not being presently used for purposes incompatible with park purposes and is suitable for park purposes.

d.

A credit may be given for on-site improvements that are compatible with long range development plans for the proposed park.

The credit provided for herein shall not be transferable and shall only be given to the donor of the land who is the owner of the property being developed for which a conveyance of land is required by this ordinance unless said prior conveyances were included as a part of an executed facilities and/or development agreement with the city and the developer.

4.

Credit for conveyance of floodplains. In cases where flood plain land or property is proposed to be conveyed to satisfy the park land requirements, a credit will be given based upon the following formula or ratio:

Three (3) acres of floodplain shall equal one acre of non-floodplain land.

5.

Location. The land required to be conveyed may be located inside or outside the boundaries of the development so long as the land is so located and in such proximity to the development so as to serve or benefit persons residing therein, as approved by the council.

6.

Improvements to be made. The person required to convey land shall be responsible for, and pay the costs of, providing convenient access by improved streets, sidewalks, adequate drainage improvements so that the site is suitable for the purpose intended, and water, sewer, and electrical utilities to the property required to be dedicated or conveyed in accordance with the procedures applicable to other public improvements as specified in the subdivision ordinance of the city; provided, however, that the council may waive, in whole or in part, such required improvements where an amount of land in excess of the requirements of this ordinance is conveyed, the value of which is equal to, or greater than, the cost of the improvements being waived. Such waiver shall be specified, on a case by case basis, in a facilities agreement between the developer and the city for the given subdivision.

(Ord. No. 97-1007, 12-1-1997)