a.
Consideration
for Such Areas.
The applicant 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 (as amended), including
the Park Master Plan, and other applicable plans. Any provision for
parks or other public facilities shall be approved by the City Council
prior to approval of the Preliminary Plat by the Planning & Zoning
Commission.
(Ordinance 06-117, sec. 2, adopted 9/26/06)
a.
All creeks
and drainage channels shall be preserved and protected in their natural
condition wherever possible, unless significant storm drainage improvements
are required by the City in these areas. All development adjacent
to creeks and drainage channels shall be in accordance with the City’s
Standard Design Manual, and with any other City policies or ordinances
related to aesthetics or public access or enjoyment of creeks and
waterways.
b.
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).
1.
For
the purposes of this Ordinance, the Floodway Management Area (FMA)
will correspond to the floodway, as defined by FEMA, or as may be
modified pursuant to a flood study that is approved by FEMA.
2.
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 reclaimed for development in accordance with rules and
regulations established by FEMA and the City’s Floodplain Management
Ordinance.
c.
Areas
Where an FMA is Required.
The FMA is intended to apply
to a creek or channel which is to remain open or in its natural condition
unless otherwise approved by the City. Long Branch Creek, Cedar Creek,
East Caddo Creek, Mustang Branch Creek, Farber Creek, Cowleech Fork
of the Sabine River, Mullany Creek, Turtle Creek, McGrew Creek, and
Town Branch Creek and their related tributaries and streams and all
other drainage areas or regulated floodways as referenced on the applicable
floodway and flood boundary map (Flood Insurance Rate Map, or FIRM)
shall be included in the FMA.
1.
If
FEMA does not specify a floodway zone in any of the creeks or their
tributaries, it shall be the developer’s responsibility to establish
and identify the FMA. The determination shall be made by a licensed
professional engineer and approved by the City Engineer.
2.
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.
3.
The
creek shall remain in its natural state unless improvements are permitted
or required by the City due to the pending development of properties
adjacent to or upstream of the required improvements.
d.
Ownership
and Maintenance of the FMA.
1.
The
area determined to be the FMA shall be designated on the Preliminary
Plat. Accurate locations of the FMA, both horizontally and vertically,
shall be established on the Preliminary Plat and prior to site construction.
At the City’s option, the FMA shall be protected by one of the
following methods:
(a)
Dedicated to the City of Greenville subject to prior approval by
the City Council per Section 4.1(a).
(b)
As easement(s) – Creeks or drainageways on tracts which have
private maintenance provisions, can be designated as the FMA by an
easement to the City on the Preliminary Plat (with the appropriate
plat language, as required by the City). Subdivisions with platted
single-family or two-family lots may designate the FMA by easement
provided there are adequate maintenance provisions (such as by a mandatory
homeowners association), 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.
(c)
Certain recreational uses normally associated with or adjacent to
flood-prone areas (no structures allowed in the FMA), such as golf
courses or certain types of parks. The uses allowed shall be in conformance
with the Zoning Ordinance, if the subdivision is located within the
City, and shall be approved by the Planning & Zoning Commission.
2.
Prior
to acceptance of any drainageway as an FMA by the City, the area shall
be cleared of all debris and brush (except for trees) and placed in
a maintainable state. Floodway management areas dedicated to the City
shall be left in a natural state except those areas designated for
active recreational purposes and unless storm drainage requirements
do not permit this to occur.
e.
Design
Criteria.
The following design criteria shall be required
for development adjacent to the FMA (also see Figure 4 on the following
page):[1]
1.
Adequate
access shall be provided to and along the FMA for public and/or private
maintenance. An unobstructed area a minimum of twenty feet (20') 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 a minimum of five feet (5') in width shall be provided. If ownership
is to the centerline of the drainage channel, then the subdivider
shall only be required to provide adequate access to one (1) side.
2.
Lots
in a single-family, PD single-family, or duplex residential zoning
district shall not be platted within the FMA.
(a)
If lots back or side onto an FMA, at least two (2) reasonable points
of access to the FMA, each a minimum of twenty feet (20') in width,
shall be provided. Streets, alleys and open-ended cul-de-sacs may
qualify as access points if designed such that they are navigable
by maintenance vehicles (e.g., alleys must be twenty-foot width).
(b)
All areas of the FMA shall be accessible from the access points.
3.
Lots
used for multifamily dwellings 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, and provided that access to the FMA is possible
by City maintenance vehicles, should that need arise.
4.
If
the FMA is to be public park land, then adequate public access and
good public visibility shall also be provided to all portions of it.
5.
Public
streets may be approved in the FMA by the City (if they conform to
applicable engineering standards).
6.
Linear
public streets may be required to be constructed adjacent to some
(or all) portions of the FMA to allow access for maintenance or recreational
opportunities, and/or to allow increased visibility into creek areas
for public safety and security purposes.
7.
Alternate
designs to facilitate equal or better access may be permitted if approved
by the City.
[1]
Editor’s note–Figure 4 was not included in Ordinance
06-117
f.
Altered
Drainage Channels.
Drainage channels which have been
previously altered and are not in a natural condition can be exempted
from an FMA and this Section at the discretion of the Planning &
Zoning Commission and upon recommendation by the City Staff.
(Ordinance 06-117, sec. 2, adopted 9/26/06)
a.
Applicability.
When a subdivision contains either common property or other
improvements which are not intended to be dedicated to the City of
Greenville for public use, such as private streets or screening walls,
a private recreation facility or open space, landscaped entry features
or other private amenities, a property owners or homeowners association
agreement, consistent with State and other appropriate laws, must
be submitted to and approved by the City Attorney.
1.
The
Conditions, Covenants and Restrictions (CCRs) and the association
documents, such as the articles of incorporation and association bylaws,
shall be submitted to the City for review and approval along with
the Preliminary Plat application, and shall be filed of record at
the County prior to Final Plat approval in order to ensure that there
is an entity in place for long-term maintenance of these improvements.
2.
Said
documents must, at a minimum, include provisions which allow the City
to take over the maintenance of common property using association
funds, including private streets and private recreation facilities,
if such action becomes necessary for any reason, including nonperformance
or inaction by the association or the association becoming defunct.
(a)
Provisions shall also be included which would convey ownership of
the private streets (if any) and all other common areas to the City,
and which would allow the City to remove any improvements or amenities
from the common areas and sell any buildable land area, as residential
lots, to recoup the City’s expenses for maintenance or demolition
of the improvements.
(b)
Any monies that remain after the City has recovered all of its expenses
shall be retained for future maintenance or upgrading of the streets,
common areas (if any remain), screening walls, or other improvements
within the subdivision.
(c)
These provisions are not intended to allow the City to profit in
any way from taking over the association’s responsibilities
or funds; they are only intended to allow the City to recoup its actual
incurred expenses such that the general public, the taxpayers of the
City, does not have to bear these costs.
b.
Membership.
A property owners or homeowners association shall be an incorporated
nonprofit organization operating under recorded land agreements through
which:
1.
Each
lot owner within the described land area is automatically a mandatory
member; and
2.
Each
lot is automatically subject to a charge for a proportionate share
of the expenses for the property owners or homeowners association’s
activities, such as maintenance of common open spaces or private streets,
or the provision and upkeep of common recreational facilities.
c.
Legal
Requirements.
In order to ensure the establishment of
a proper property owners or homeowners association, including its
financing, and the rights and responsibilities of the property or
home owners in relation to the use, management and ownership of common
property, the plat, dedication documents, covenants, and other recorded
legal agreements must:
1.
Legally
create an automatic membership, nonprofit property owners or homeowners
association;
2.
Place
title to the common property in the property owners or 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 property owners or homeowners association;
6.
Place
an association charge on each lot in a manner which will both ensure
sufficient association funds and which will provide adequate safeguards
for the lot owners against undesirable high charges;
7.
Give
each lot owner voting rights in the association; and
8.
Identify
land area within the association’s jurisdiction including the
following:
9.
Any
governmental authority or agency, including 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 property owners or
homeowners association fail to maintain the common elements to City
specifications for an unreasonable time, not to exceed ninety (90)
days after written request to do so, then the City shall have the
same right, power and authority to enforce the association’s
rules and to levy assessments necessary to maintain the common elements.
The City may elect to exercise the rights and powers of the property
owners or homeowners association or its Board, or to take any action
required and levy any assessment that the property owners or homeowners
association might have taken, either in the name of the property owners
or homeowners association or otherwise, to cover the cost of maintenance
(or the possible demolition, if such becomes necessary to preserve
public safety or to ease maintenance burden) of any common elements.
10.
The
property owners or homeowners association must register a contact
person with the Community Development Department and shall notify
the City of any change in said contact person. Such contact person
must be authorized to receive and distribute information to the Board
of Directors of the property owners or homeowners association.
d.
Protective
Covenants.
Protective covenants shall be developed which,
among other things, shall make the property owners or homeowners association
responsible for the following:
1.
The
maintenance and operation of all common property;
2.
The
enforcement of all other covenants;
3.
The
administration of architectural controls (if included); and
4.
Certain
specified maintenance of exterior improvements of individual properties
(if included).
|
The City is not responsible (i.e., has no jurisdiction) for
enforcing protective covenants or deed restrictions.
|
e.
The association
may not be dissolved without the prior written consent of the City
Council.
f.
No portion
of the association documents pertaining to the maintenance of screening
walls, private streets and alleys, and assessments therefore [therefor],
may be amended without the written consent of the City Council.
(Ordinance 06-117, sec. 2, adopted 9/26/06)
(a)
Purpose
of Article.
(1)
The City of Greenville needs neighborhood, community, regional, greenbelt
and central parks due to population increases in the City from residential
development which creates a specific demand for parks of various sizes.
This section is enacted in accordance with the Home Rule powers of
the City of Greenville, granted under the Texas Constitution and statutes
of the State of Texas, including, without limitation, Texas Local
Government Code, Section 51.071 et seq. and Section 212.001 et seq.
(2)
Requirements.
This will apply to all residential development
located within the city and shall be required to provide for the parkland
needs of future residents through the fee simple dedication of suitable
land for park and recreation purposes.
A.
The requirements contained in this section are intended for the purpose
of assuring open space and community park facilities are available
and adequate to meet the needs created by such development while maintaining
current and proposed park and recreation standards pursuant to the
City of Greenville Park and Recreation Open Space Master Plan.
B.
Park Districts will be created to outline the area in which fees
are to be applied in relationship to the area of development or construction
as seen in Table 2 [to Ordinance 20-069].
(3)
Methodology & Fee Policy.
The Parkland Dedication and Park Development Methodology fee chart will be visited and updated annually during the budget adoption process. The formulas and current fees can be seen in Table 1 [appendix A, section A4.4].
(4)
Park Land Dedication Policy.
It is the policy of the
City of Greenville that a Park Land Dedication is hereby imposed on
any residential development.
(5)
Fee-In-Lieu of Land Policy.
Fee in Lieu of land fees
will be determined at the time of initial plat application. Any Fee-In-Lieu
of monies required to be paid by this article shall be in an amount
equal to the value of the property as established by the most recent
certified market value appraisal of all or part of the property made
by the Hunt County Appraisal District. If the Developer/Owner objects
to the appraisal, the Developer/Owner at his own expense, may obtain
a market value appraisal by a State of Texas certified real estate
appraiser, mutually agreed upon by the City and the Developer/Owner.
(6)
Park Development Policy.
It is the policy of the City
of Greenville that a Park Development Fee is hereby imposed on any
and all residential development, and all fees collected shall be used
for the purpose of acquisition, improvement and development of parks
in the district of development.
(7)
Consideration of Areas for Public Use.
The applicant
shall consider suitable sites for parks, playgrounds, and other areas
for public use to conform with the recommendations of the City’s
Park Master Plan. Any provision for parks and public open space areas
shall be indicated on the Preliminary Plat and shall be subject to
review by the Director, the City’s Board of Parks and Recreation
and any other city staff that needed to make a final determination.
(b)
Park
Land Dedication.
(1)
Park Land Dedication
as outlined in this section shall
apply to any development. Determination will be based on current parks
level of service and will be classified as Single Family or Multifamily.
This includes developments that consists of new construction on vacant
land or rebuilding of structures on existing residential property.
(2)
Necessary Procedure.
It is hereby declared by the City
Council of the City of Greenville that recreational areas, in the
form of neighborhood, community, regional, greenbelt and central parks
and related amenities and improvements, are necessary and in the public
welfare. The only adequate procedure to provide for this is by integrating
such a requirement into the procedure for planning and developing
property of a residential subdivision in the City of Greenville.
(c)
General
Requirement: Dedication of Land.
(1)
Dedication of Land Based on Dwelling Units.
Prior to
a plat being filed with the County Clerk of Hunt County, Texas for
a development of a residential area within the City of Greenville
and in accordance with City ordinances, such plat shall contain a
clear fee simple dedication of acreage of land. As used in this ordinance,
a “dwelling unit” means each individual residence, including
individual residences in a multifamily structure, designed, and/or
intended for inhabitation by a single family.
(2)
Neighborhood parks
are parks five to ten (5-10) acres
and provides basic outdoor recreational opportunities and within convenient
distances from the residences to be served thereby, the standards
for which are set forth in the Greenville Parks Master Plan. The neighborhood
parks shown on the official Greenville Parks Master Plan shall be
prima facie evidence that any park located therein is within but not
limited to such a convenient distance from most 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 facilities. Therefore, the following requirements are adopted
to affect [effect] such purposes.
A.
Impractical Size.
The City Council of the City of Greenville
declares that development of an area of less than five (5) acres for
neighborhood park purposes is impractical. Therefore, if fewer than
270 dwelling units are proposed by a plat filed for approval, the
City Council may require the developer to pay the applicable cash
in lieu of land amount, as provided in Subsection D below.
B.
Desirable Land Dedication
would include but not be limited
to, park land easily accessible to the public, that enhances the visual
character of the City, and minimizes conflict with adjacent land uses.
Consideration will be given to land that is in the floodplain if it
is suitable for park improvements.
1.
The dedicated land desired shall be well drained, relatively level
in areas that are proposed for active park uses and shall be suitable
for appropriate recreational and leisure activities as defined as
a neighborhood park.
2.
Areas having environmentally sensitive ecosystems, attractive views,
topographical interests, or unique natural features shall be preferred
and encouraged for park land dedication.
3.
Each park must have ready access to a public street.
4.
Any areas of unusual topography or slope which renders same unusable
for organized recreational activities
5.
Areas which are relatively featureless, barren of natural trees,
and vegetative cover, and which are not physically attractive in some
other way, may not be typically acceptable
(3)
Proposed Plat Submittal.
Proposed plats submitted to
the City of Greenville for approval shall show the area proposed to
be dedicated under this section. The required land dedication of this
Section may be met by a payment in lieu of land where permitted by
the City of Greenville or required by other provisions in this ordinance.
A.
Any Preliminary Plat approved prior to the effective date of this
ordinance shall be exempt from these requirements set forth herein;
however, if and when such Preliminary Plat approval expires, any resubmission
of such plat shall meet all other provisions in this ordinance.
B.
Any proposed plat submitted to the City of Greenville for approval
shall show the area proposed to be dedicated under this section. The
required land dedication of this Section may be met by a payment in
lieu of land where permitted by the City of Greenville or required
by other provisions in this ordinance.
(4)
Right to Accept, Reject or Require Payment.
In instances
where land is required to be dedicated, the City of Greenville shall
have the right to accept or reject the dedication to require a cash
payment in lieu of land in the amount provided herein, if the City
of Greenville determines that sufficient park area is already in the
public domain for the area of the proposed development, or if the
recreation potential for that area would be better served by expanding
or improving existing parks in the park district.
(5)
Siting of Parks.
When two (2) or more developments will
be necessary to create a neighborhood or community park of sufficient
size in the same area, the Director of Parks and Recreation, at the
time of Preliminary Plat approval, will work with the developers to
define the optimum location of the required dedication within the
respective plats. Once a park site has been determined, adjacent property
owners who develop around the park site shall dedicate land and cash
to the existing site unless otherwise determined by the City Council.
(6)
Minimum Park Improvements.
In cases where land dedication
is chosen, the following minimum criteria must be adhered to by the
developer, at the developer expense, prior to acceptance of the improvements
by the city:
A.
Grading and clearing of unwanted vegetation, to be determined by
the city.
B.
Installation of subgrade drainage. No open drainage channels will
be permitted on land being dedicated for park purposes.
C.
Provision of water and sewer service to the site; and
D.
Provision of adequate accessibility from the adjacent public street
in compliance with the Americans with Disabilities Act (ADA) and as
approved by the city park and recreation staff.
(7)
Drainage Areas
may be accepted as part of a park if
the channel is to remain, in its natural state or constructed in accordance
with City engineering standards, and if:
(8)
Detention basins
which are required as part of the stormwater
management standards shall not qualify as parkland unless 75% or more
of the active and usable area is designed for recreational use and
the area(s) conforms to the requirements below.
A.
Detention areas shall not be inundated to be unusable for their designated
recreational purposes. Detention areas must be designed to drain within
24 hours.
B.
Detention areas shall be constructed of natural materials. Terracing,
berming and contouring is required to naturalize and enhance the aesthetics
of the basin. Basin slopes shall not exceed a three to one (3:1) slope.
C.
Detention areas may count a maximum of 50% of the park dedication
requirement.
(d)
Fee
in Lieu of Land.
(1)
Requirement.
All residential development is responsible
for land dedication under this ordinance shall be required 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 shall be made prior to the issuance of a building permit.
Where no building permit is required, the fee shall be paid prior
to final plat approval.
(2)
Fee.
The cash payment in lieu of land dedication shall
be determined at the time of initial plat application. Any Fee-In-Lieu
of monies required to be paid by this article shall be in an amount
equal to the value of the property as established by the most recent
certified market value appraisal of all or part of the property made
by the Hunt County Appraisal District.
(3)
City Purchase of Land.
The City of Greenville may from
time to time decide to purchase land for parks in or near the area
of actual or potential development. If the City does purchase park
land in a park service area, subsequent park land dedications for
that park district and shall be in cash only, the calculation of which
is set forth above. (Such cash payment is in addition to the payment
of the required park development fee.)
(e)
Use
of Park Land Fee In Lieu of.
Cash in Lieu of Land money
received will be applied to the development of neighborhood, community,
regional, greenbelt and central parks for that area.
(1)
Acquisition and Development.
Fees collected shall be
used for the purpose of acquisition and development of community parks
and existing park facilities intended for use and access by the entire
City.
(2)
Site Preparation.
Fees collected may be used for site
preparation, the extension of utilities to or within sites, the installation
of landscaping, play equipment, or recreation improvements and attendant
engineering and planning costs associated with such park development.
(3)
All Expenditures of fees collected shall be made in accordance with
the Parks Master Plan and those expenditures over $50,000.00 shall
be approved by the City Council to best benefit the citizens of Greenville.
(f)
Option
to Construct.
At the discretion of the City, In lieu
of payment of the required park development fee for developments a
developer shall have the option to request approval to construct the
park amenities and improvements.
(1)
All plans and specifications for the construction of such amenities
and improvements must adhere to all city construction and design standards,
be reviewed, and be approved by the parks and recreation director,
city engineer, or applicable designees.
(2)
The developer shall financially guarantee the construction of the
amenities and improvements, and the City of Greenville must approve
same, prior to the filing of a plat in the case of platted subdivisions.
(3)
Once the amenities and improvements are constructed, and after the
conveyed entity has accepted such amenities and improvements, the
developer shall dedicate by plat such amenities and improvements to
the appropriate entity.
(4)
The City of Greenville may allow the open space and park and recreational
areas to be restricted to the use and enjoyment of residents of a
development or subdivision. Such areas shall be maintained by and
deeded to a homeowners’ association, or a trustee. The homeowners
are liable for the payment of maintenance fees and capital assessments,
unpaid homeowners’ fees and assessments could result in a lien
on the property of the delinquent homeowners.
(g)
Credit
for Option to Construct.
If a developer has requested
and received permission to exercise the option to construct a private
or public park the city shall offer a proportional credit.
(1)
A developer shall reserve a proportional credit, as determined by
the director, for the development or improvement of a private park
or recreational facility based on the lower of: (a) out-of-pocket
dollar costs that the developer incurs for the development or improvement;
or (b) the actual value of the development or improvement itself,
as determined by the director, which shall be based on documentation
provided by the developer and any other publicly-available documents,
and be derived through commercially-reasonable standards. The value
of the private amenities will be deducted from the cost of the public
parkland dedication that the developer would otherwise be required
to pay.
(2)
If developer wishes to utilize this credit, it shall submit an application
with a proposal to the director for pre-approval, and director will
approve or deny the application, or seek additional information, in
writing and within a reasonable time. If developer’s application
is denied, developer may appeal to the City Manager within 30 days
of the director’s written decision, or the director’s
decision becomes final. Such appeal must be made in writing, and state
the reasons for the appeal. If such an appeal is timely made, the
City Manager will approve or deny the application, or seek additional
information, in writing and within a reasonable time. If developer’s
appeal is denied, developer may appeal to the City Council within
30 days of the City Manager’s written decision, or the City
Manager’s decision becomes final. Such appeal must be made in
writing, and state the reasons for the appeal. If such an appeal is
timely made, the City Council will approve or deny the application,
or seek additional information, in writing and within a reasonable
time. The City Council’s decision is final, and may not appealed.
(h)
Park
Development Fee.
(1)
For all Development: regardless of number of dwelling units within
the City of Greenville, there shall be a park development fee on a
per dwelling unit basis as a condition of plat approval. This fee
consists of the park development fee and shall be used for the purpose
of development and construction of neighborhood, community, regional,
greenbelt and central parks within the area of development and is
not to be used for maintenance purposes. This does not apply to activities
involving the remodeling, rehabilitation, or other improvements to
an existing residential structure, or to the rebuilding of a damaged
structure.
(3)
Fee’s shall be set annually by ordinance of the City Council
and shall be sufficient to provide for the development of amenities
and improvements on the dedicated land to meet the standards for a
neighborhood, community, regional, greenbelt and central parks to
serve the area in which the subdivision is located. Unless and until
changed by an ordinance amendment of the City Council of the City
of Greenville.
(4)
City Match - To the extent allowed by law the city would agree to
match all park development fees to be capped at one (1) penny on the
tax rate.
(i)
Special
Fund Established; Right to Refund.
(1)
Park Development Fund.
There is hereby established as
a special fund for the deposit of all funds collected by this dedication
process. Funds will be deposited in the City of Greenville’s
Park Development Fund. The City will ensure that they are applied
to the appropriate accounts and deposited in the park district of
the proposed development.
(2)
Park Development Fee Expenditure.
Park Development Fees
collected in the first year will not be allocated until the third
(3rd) fiscal year thereafter. First fiscal year will be collection,
second fiscal year will be planning and design, third fiscal year
will be allocation and development.
(3)
Fee Reference to Plats.
The City of Greenville shall
account for all sums paid into the Park Development Fund with reference
to the individual plats involved.
(4)
Expended Within 10 Years or Refunded.
Any monies paid
into the said Fund must be expended by the City of Greenville within
ten (10) years from the date received by the City. Such funds shall
be spent on a first in, first out basis in the park service area designated
for that development. If not so expended within the ten (10) year
period, the owners of the property will, on the last day of such period,
be eligible for a refund based on unbuilt dwelling units and may not
exceed the unspent amount. Exceptions include:
(j)
Ownership.
Required parkland and any other common open space or area must
be owned and maintained by one of the following entities:
(1)
City of Greenville.
Publicly dedicated parkland shall
be owned and maintained by the City of Greenville.
(2)
Land Conservancy or Land Trust.
A land conservancy or
land trust with legal authority as determined by the City Attorney
may own the open space. The responsibility for maintaining the open
space and any facilities may be borne by a land conservancy or land
trust.
(3)
Homeowners’ Association.
A homeowners’ association
representing residents of the development may own the open space.
The homeowners’ association must have lien authority to ensure
the collection of dues from all members. The responsibility for maintaining
the open space and any facilities is borne by the homeowners’
association.
(4)
Public Easement.
Privately held open space shall be
made permanently open to the public through an easement dedicated
to the public and approved by the City Attorney.
(k)
Conveyance.
The conveyance of parkland or other common open space shall
be in accordance with the following:
(1)
Conveyance.
Parkland or open space shall be conveyed
to the City, land conservancy or homeowners’ association in
fee simple without any encumbrances except drainage, greenway, and
utility easements. Title to the real property shall be conveyed upon
the recordation of the plat.
(2)
Designation.
Parkland or open space shall be designated
on the final plat and included in a separate lot, or multiple lots
and include the following:
(l)
Dissolution.
If the homeowner’s association is dissolved, the open
space may be offered to another entity who shall be responsible for
the maintenance and upkeep of the open space. If no other offer is
accepted, the open space shall be offered to the City and if accepted,
deeded to the City.
(Ordinance 20-069 adopted 9/22/20)
