The subdivider shall give consideration to suitable and adequate
sites for schools, parks, playgrounds, and other areas for public
use or service so as to conform with the recommendations contained
in the city's comprehensive plan, parks and open space master plan,
and other applicable plans. Any provision for schools, parks, etc.
shall be indicated on the preliminary plat and subject to approval
by the commission and city council.
No individual, partnership, firm, or corporation shall deepen,
widen, fill, reroute, or change the course or location of any existing
ditch, channel, stream, or drainageway, without first obtaining written
permission of the city or other agency having jurisdiction.
(Ordinance 99-819 adopted 11/9/99; Ordinance 000-823, sec. 4, adopted 2/8/00; Ordinance 00-834, sec. 1, adopted 8/8/00)
A.
Purpose.
These sections are adopted to provide public recreational areas
in the form of a community park in accordance with the city's parks
and open space master plan as a function of subdivision development
in the City of Highland Village, Texas. It is hereby declared by the
city council of the city that recreational areas in the form of a
community public park are necessary and in the public welfare, and
that the only adequate procedure to provide for same is by integrating
such a requirement into the procedure for planning and developing
property or subdivisions in the city, when such development consists
of new construction of vacant land.
B.
General
requirement; land to be used for residential purposes.
1.
Whenever
a final plat is filed of record with the county clerk of Denton County,
Texas, for development of a residential area in accordance with the
planning and zoning ordinances of the city, such plat shall contain
a clear fee simple dedication of an area of land to the city for a
community park where such dedication is feasible and practical based
on the ratio of one acre of park land per 100 dwelling units.
2.
The
developer shall coordinate with the parks and recreation board to
define the optimum location of the dedication, or the feasibility
of payment of money in lieu of land, prior to the time of submission
of the preliminary plat for approval. Any proposed plat submitted
to the city for approval shall show the area proposed to be dedicated
under this ordinance. The required dedication of this section may
be met by a payment of money in lieu of land when permitted or required
by the other provisions of this ordinance.
3.
The
city council of the city declares that development in general of an
area outside of the area as defined in the parks and open space master
plan for a community park is impractical. Therefore, unless land on
the basis of one acre of park land per 100 dwelling units can be dedicated
in the area deemed acceptable for a community park, the developer
shall be required to pay the applicable cash in lieu of land in the
amount provided for by subsection D of this section, rather than to
dedicate any land area.
4.
The
dedication required by this ordinance shall be made by filing of the
final plat and contemporaneously by separate deed instrument unless
additional dedication is required subsequent to the filing of the
final plat in which case only the filing of a separate deed instrument
shall be required. If the actual number of completed dwelling units
exceeds the figure upon which the original dedication was based, such
additional dedication shall be required, and shall be made by payment
of the cash in lieu of land amount provided by subsection D of this
section.
C.
Prior
dedication; absence of prior dedication.
1.
If
a replat is filed, the dedication requirement shall be controlled
by the requirement in effect at the time of the filing of the original
plat; provided, however, that additional dedication shall be required
as set forth in this ordinance if the actual density of structures
constructed upon the property is greater than the former assumed density
which existed at the time of the original park land dedication. If
the original plat was filed without the required park land dedication,
the replat shall dedicate park land in accordance with the provisions
of this section. Additional dedication or money in lieu thereof shall
be required only for the increase in density.
2.
If
a replat reduces the density of the original plat, 90 percent of the
fee paid at the time the original final plat was approved shall be
refunded if requested within six months of the approval of the replat.
D.
Money
in lieu of land.
1.
The
city council has determined, through adoption of the city's parks
and open space master plan, that the citizens would be best served
by the acquiring, expanding or improving of the community park.
2.
The
city may decide to purchase land for a community park and if the city
does purchase park land, subsequent park land dedication shall be
in cash only unless otherwise permitted by the city council of the
city.
3.
If
all or a portion of the land to be dedicated is not within the area
deemed acceptable by the city council for a community park, or if
the city council decides that cash in lieu of park land dedication
will further the public interest, the city may require a payment of
money in lieu of land payable at the time of final plat approval.
This will be determined by the city council after considering parks
and recreation board and planning and zoning commission recommendations.
4.
The
dedication requirement shall be met by a cash payment in lieu of land
in the form of a cashier's check or other cash equivalent, at a per-acre
fee to be set from time to time by the city council. Unless changed
by the city council, said sum per dwelling unit shall be $350.00 in
which said sum is deemed sufficient to acquire and develop such land
for a community park.
5.
Whenever
a person requests a building permit to construct a dwelling unit on
a lot within the city finally platted prior to the approval of this
ordinance, and a prior dedication or cash in lieu has not been given
to the city for that lot, before the approval of the building permit,
said person shall pay cash in lieu of the required park land dedication
in accordance with this ordinance.
6.
The
city council shall review such fee per dwelling unit not less than
once each year in order to keep current with the trends in land value
and may adjust the fee accordingly, provided a public hearing is held
on the matter.
7.
There
may be certain situations and circumstances which are unforeseen which
arise with respect to certain tracts of land to be developed with
require special attention and consideration by the city council; and
the city council, upon showing of unusual and practical difficulties
or unnecessary hardships in the carrying out of the provisions of
this ordinance due to certain unforeseen conditions, and not merely
a convenience to the applicant, may permit a variance in the strict
application of this ordinance, provided such variance will not seriously
affect adjoining property or the general welfare of the community.
Any variance granted shall not establish a precedent for other tracts,
and each parcel or development shall comply with the terms of this
ordinance unless the criteria for a variance set forth above are met.
E.
Special
fund; right to refund.
1.
All
funds collected by the dedication process will be deposited in a special
park development fund and used for the purchase, construction or leasing
of a community public park and development of same. Money in the special
park development fund may be used to pay the interest and principal
on any bond, certificate of obligation or other debt instrument of
the city issued for park purposes. All expenditures from the fund
shall be reviewed by the parks and recreation board and approved by
the city council.
2.
The
city shall account for all sums paid in lieu of land dedication under
subsection D of this section with reference to the individual properties
involved. Due to the relatively small area of the city, any sums received
by the city may be used for community park purposes. The residents
of the subdivision in which the dedicated funds have been received
are hereby determined to be benefitted by the expenditure of such
funds throughout the city. Any funds paid for the purposes contained
in this ordinance must be expended or dedicated by the city within
five years from the date received by the city for acquisition or development
of a community public park as defined herein. Such funds shall be
considered to be spent or dedicated on a first in, first out, basis.
If not so expended or dedicated, the owners of the property on the
last day of such period shall be entitled to refund of any funds which
were not spent or dedicated by the city. The owners of such property
must request such refund within one year of entitlement, in writing,
or such right shall be barred.
F.
Additional
requirements; definitions.
1.
Any
land dedicated to the city pursuant to this ordinance must be suitable
for community public park and recreation uses. The following characteristics
of a proposed area are generally unsuitable:
(i)
Any area primarily located in the 100-year floodplain; and
(ii)
Any areas of unusual topography or slope which renders same unusable
for organized recreational activities.
|
However, land that may be deemed unsuitable under (i) or (ii)
may be suitable for special purposes. This suitability shall be determined
by the city council after considering recommendations by the parks
and recreation board and the planning and zoning commission. The failure
to comply with the above characteristics of a park land dedication
area may be grounds for refusal of any preliminary plat or building
permit.
|
2.
Drainage
areas may be accepted as part of a park if the channel is constructed
in accordance with city engineering standards, or the city agrees
it can maintain the area, and if no significant area of the park is
cut off from access by such channel.
3.
Unless
provided otherwise herein, an action by the city shall be by the city
council, after consideration of the recommendations of the planning
and zoning commission and the parks and recreation board. Any proposal
considered by the planning and zoning commission under this section
shall have been reviewed by the parks and recreation board and its
recommendation given to the planning and zoning commission.
(Ordinance 99-819 adopted 11/9/99; Ordinance 000-823, sec. 4, adopted 2/8/00; Ordinance 00-834, sec. 1, adopted 8/8/00)
A.
Tree
mitigation plans required (preliminary and final).
No subdivider, directly or indirectly, shall cut down, destroy, remove, transplant or effectively destroy through damaging, any protected and/or specimen tree on any real property within the City of Highland Village without first obtaining a final tree mitigation plan by city council. The unauthorized removal of any protected and/or specimen tree shall be a separate offense for the purpose of section 1.12. The preliminary tree mitigation plan shall accompany the preliminary plat and contain the following:
(1)
The location, circumference measured at 4-1/2 feet above ground level,
height, and common name of all protected and specimen trees contained
on property represented on the preliminary plat (indicate by symbol).
(2)
The location, caliper width, height, and common name of all trees
contained on the preliminary plat that are proposed to be removed
or transplanted (indicate by symbol).
(3)
The location and dimensions of all existing or proposed public streets,
deviations in right-of-way widths, public utility easements, public
drainage easements, public fence easements, public pedestrian access
easements or other public rights-of-way or easements.
(4)
The location of all existing or proposed property lines, lot lines,
building lines, setback and yard requirements, and other special relationships
or significant features of the proposed subdivision.
(5)
The information required herein shall be summarized in legend form
on the site plan and shall include the reason for the proposed removal
of the protected tree or trees.
B.
Final
tree mitigation plan.
A final tree mitigation plan shall
be submitted to the city council concurrent with the final plat. A
condition of final plat submission is approval of all engineered construction
plans that will affect the final tree mitigation plan. Engineered
construction plans must be approved by the city and the final tree
mitigation plan and final plat must be approved by the city council
prior to the commencement of any site excavation work. Existing and
proposed site elevations, grades and major contours must be shown
on the final tree mitigation plan. For any tree mitigation plan, approved
prior to the effective date of this amendatory ordinance, which deviates,
as determined by the city manager or his designee, from the "as built"
construction conditions, the applicant/developer may submit to the
city council, or the city council may consider [on its own motion
for (i) approval, or (ii) approval with conditions to be satisfied
subsequent] an "as built" tree mitigation plan to be considered as
a final tree mitigation plan under the provisions of this ordinance.
Upon satisfaction of any conditions to approval, the applicant/developer
shall submit to the city manager or his designee a final tree mitigation
plan conforming to the approval with conditions.
(Ordinance 99-819 adopted 11/9/99; Ordinance 000-823, sec. 4, adopted 2/8/00; Ordinance 00-834, sec. 1, adopted 8/8/00)
A.
Definitions
and methodology for determining the floodway management area (FMA).
The definitions for "floodway" and "floodway fringe" shall correspond
to those set forth by the Federal Emergency Management Agency (FEMA).
For purposes of the National Flood Insurance Program, the concept
of a floodway is used as a tool to assist the local community in the
aspect of floodplain management. Under this concept, the area of the
100-year flood is divided into a floodway and floodway fringe. The
floodway is the channel of a stream, plus any adjacent floodplain
areas that must be kept free of encroachment in order that the 100-year
flood may be carried without substantial increases in flood heights
as defined by FEMA. The area between the floodway and boundary of
the 100-year flood is termed the floodway fringe. The floodway fringe
is the area which can be used for development by means of fill according
to FEMA and city engineering criteria. For the purposes of this ordinance,
the floodway management area (FMA) will correspond to the floodway
as defined by FEMA. A FMA is not required adjacent to Lake Lewisville
for areas regulated by the Corps of Engineers.
B.
Areas
where an FMA is required.
All drainage areas or regulated
floodways as referenced by panel numbers 481105 001 A (or current
panel) on the floodway and flood boundary map (FIRM maps) shall be
included in the FMA. If FEMA does not specify a floodway zone in any
of the above creeks or their tributaries, it shall be the developer's
responsibility to establish and identify the FMA. The determination
shall be made by a registered professional engineer and in accordance
with the flood hazard prevention ordinance and approved by the city
engineer. Where improvements to a drainage area are required by other
ordinances of the city for the purpose of safety or other reasons
related to drainage, those ordinances shall also be observed. The
FMA is intended to apply to a creek or channel which is to remain
open or in its natural condition. The creek shall remain in its natural
state unless improvements are permitted by the city due to the pending
development of properties adjacent to or upstream of the required
improvements.
C.
Ownership
and maintenance of the FMA.
The area determined to be
the FMA shall be designated on and as part of the final plat. Approximate
locations shall be shown on zoning change requests and preliminary
plats. At the city's option, the FMA shall be protected by one of
the following methods:
1.
Dedicated
to the City of Highland Village; or
2.
Easement(s).
Creeks or drainageways in tracts which have private maintenance provisions,
other than single[-family] or two-family platted lots, can be designated
as the FMAs by an easement to the city on the final plat. Subdivisions
with platted single-family or two-family lots may designate the FMA
by easement, provided there is adequate maintenance provisions, but
no lots or portions of lots may be platted in the easement unless
specifically allowed by the city. The area designated as FMA may be
identified by a tract number; or
3.
Certain
recreational uses normally associated with or adjacent to floodprone
areas (no structures allowed in the FMA), such as golf courses. The
uses allowed shall be in conformance with the zoning code and approved
by the planning and zoning commission and city council. Prior to acceptance
of any drainageway as an FMA by the city, the area shall be cleared
of all debris. Floodway management areas dedicated to the city shall
be left in a natural state except those areas designated for recreational
purposes.
D.
Design
criteria.
The following design criteria shall be required
for development adjacent to the FMA:
1.
Adequate
access must be provided along the FMA for public or private maintenance.
An unobstructed area a minimum of 20 feet wide with a maximum 5:1
slope (five feet horizontal to one foot vertical), the length of the
floodway shall be provided adjacent to or within the FMA. On the opposite
side of the drainage area, an unobstructed area having a minimum width
of five feet shall be provided.
2.
Lots
in the single-family, PD single-family or duplex residential zoning
districts shall not be platted in the FMA. If lots back to an FMA,
at least two reasonable points of access to the FMA, a minimum of
20 feet in width, shall be provided. Streets and alleys may qualify
as access points. All areas of the FMA must be accessible from the
access points. Lots used for multifamily may be platted in the FMA
if the FMA is identified as an easement and is maintained as open
space for use by the residents.
3.
Public
streets may be approved in the FMA by the planning and zoning commission
and city council (if they conform to applicable engineering standards).
4.
Public
streets may be required to be constructed adjacent to some portions
of the FMA to allow access for maintenance or recreational opportunities.
5.
Alternate
designs to facilitate equal or better access may be permitted if approved
by the city engineer.
E.
[Exemption.]
Drainage areas which have been altered and are not in a natural
condition can be exempted from an FMA and this section at the discretion
of the city council upon recommendation of the city engineer.
(Ordinance 00-823, sec. 5, adopted 2/8/00)
A.
Applicability.
When a subdivision contains either common open space or other
improvements which are not intended to be dedicated to the City of
Highland Village for public use, a homeowners' association agreement
consistent with state and other appropriate laws, must be submitted
to and approved by the city council, and made a part of the final
plat documents. Private streets will not be permitted.
B.
Membership.
A homeowners' association shall be an incorporated nonprofit
organization operating under recorded land agreements through which:
1.
Each
lot owner in a described land area is automatically a member; and
2.
Each
lot is automatically subject to a charge for a proportionate share
of the expenses for the homeowners' association's activities, such
as maintenance of common open spaces or the provision and upkeep of
common recreational facilities.
C.
Legal
requirements.
In order to ensure the establishment of
a proper homeowners' association, including its financing, and the
rights and responsibilities of the homeowners in relation to the use,
management and ownership of common property, the subdivision plat,
dedication documents, covenants, and other recorded legal agreements
must:
1.
Legally
create an automatic membership, nonprofit homeowners' association;
2.
Place
title to the common property in the homeowners' association, or give
definite assurance that it automatically will be so placed within
a reasonable, definite time;
3.
Appropriately
limit the uses of the common property;
4.
Give
each lot owner the right to the use and enjoyment of the common property;
5.
Place
responsibility for operation and maintenance of the common property
in the homeowners' association;
6.
Place
an association charge on each lot in a manner which will both ensure
sufficient association funds, and provide adequate safeguards for
the lot owners against undesirable high charges;
7.
Give
each lot owner voting rights in the association; and
8.
Must
identify land area within the association's jurisdiction including,
but not limited to, the following:
9.
Any
governmental authority or agency including, but not limited to, the
city and the county, their agents, and employees, shall have the right
of immediate access to the common elements at all times if necessary
for the preservation of public health, safety and welfare. Should
the HOA fail to maintain the common elements to city specifications
for an unreasonable time, not to exceed 90 days after written request
to do so, [the] city shall have the same right, power and authority
to enforce this declaration and levy assessments necessary to maintain
the common elements. [The] city may elect to exercise the rights and
powers of the HOA or its board to take any action required and levy
any assessment that the HOA might have taken, either in the name of
the HOA or otherwise, to cover the cost of maintenance of any common
elements.
D.
Protective
covenants.
Protective covenants shall be developed which,
among other things, shall make the homeowners' association responsible
for:
(Ordinance 00-823, sec. 5, adopted 2/8/00)
