The requirements for park and recreational areas contained in this article are intended to ensure that in, or within reasonable proximity to, new residential developments in the city, there will be sufficient land dedicated or otherwise set aside to meet the demand and need of the future residents of such development for parks, containing passive or active recreational areas that are reasonably attributable to such development. In determining the size of the parcel or parcels that should be set aside and reserved in the manner set out in this article, the city council has taken into consideration the projected growth in population and development within the city and the master trail plan.
(Ordinance 1512-03 adopted 1/21/03)
(a) 
Creation and Purpose.
There is hereby created a special fund to be designated parkland dedication fund to be administered by the city manager or designee. The purpose of the parkland dedication fund is to provide a source of funding for the purchase of or acquisition of real property and to establish, develop and improve public parks for the citizens of the city.
(b) 
Fees in Lieu of Parkland Dedication.
The city manager or designee shall collect fees in lieu of parkland dedication in accordance with this article and the fee schedule found in the Appendix A of this code and shall place such sums in the special escrow account known as the parkland dedication fund.
(c) 
Prior Development Fees.
In the event a landowner or developer has previously contributed land or money to the city in compliance with the then parkland dedication ordinance, the parkland dedication provisions of this article shall not apply.
(Ordinance 1512-03 adopted 1/21/03)
(a) 
Whenever a final plat is filed of record with the County Clerk of Dallas County 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 park purposes, which shall be calculated at a rate of not less than two (2) acres of parkland per 100 dwelling units. Any proposed plat submitted to the city for approval shall show the area proposed for dedication under this article. The dedication of land required by this article may be met by payment of money in lieu of land when permitted or required by this article.
(b) 
In instances where an area of less than five (5) acres is required to be dedicated, the city shall have the right to accept the dedication for approval on the final plat, or refuse the same, after consideration of the recommendation of the planning and zoning commission and the DeSoto Park Development Corporation, and to require payment of cash in lieu of land in the amount provided by Section 3.1302(b) if the city determines that sufficient park area is already in the public domain in the area of the proposed development, or if the recreation potential for that area would be better served by expanding or improving existing parks.
(c) 
The dedication required by this article shall be made by filing of the final plat or contemporaneously by separate instrument approved by the city attorney unless additional dedication is required subsequent to the filing of the plat. 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.
(d) 
Extensions of the city’s trail network and trail linkages, other than extensions of the primary trail network as depicted on the trail master plan shall be included in the calculation of the amount of park and recreational area dedicated pursuant to this article.
(e) 
Trail Standards.
Trails constructed within public or private open space and park and recreation areas, or trails providing access to such areas, shall conform to the following standards:
(1) 
General.
Unless specified otherwise, all such trails shall be constructed of concrete and shall conform to the requirements of the Americans with Disabilities Act, as may be amended. The city’s community services department and the developmental services department shall provide specifications for concrete, bollards and signs.
(2) 
Multi-Purpose Trails.
Trails designated as multi-purpose trails in the trail master plan system shall be a minimum of eight feet (8) in width.
(3) 
Transmission Pipeline Trails.
Trails within a transmission pipeline easement linking to an existing or proposed multi-purpose trail shown in the trail master plan system shall be a minimum of ten feet (10) in width.
(4) 
Auxiliary Trails.
Walkways within open space areas not linking to a multi-purpose trail shown in the trail master plan system shall be a minimum of six feet (6) in width.
(5) 
Access Walkways.
All access walkways linking to a multi-purpose trail network as shown in the trail master plan system shall be a minimum of six feet (6) in width.
(Ordinance 1512-03 adopted 1/21/03)
(a) 
Credit shall be given for land dedication or cash payment in lieu of dedication made prior to effective date of this article.
(b) 
If a dedication of land or cash payment in lieu of dedication requirement arose prior to the passage of this article, that dedication or cash payment in lieu of dedication shall be controlled by the ordinance in effect at the time such obligation arose, provided that a preliminary plat has been filed with the city for approval prior to the passage of this article. Additional dedication shall be required if the actual density of structures constructed upon the property is greater than the former assumed density. Additional dedication shall be required only for the increase in density and shall be based upon the ratio set forth in Section 3.1303(a) of this article.
(c) 
At the discretion of the city, any former gift of land to the city may be credited on a per acre basis toward eventual land dedication requirements imposed on the donor of such lands. The city council shall consider the recommendation of the planning and zoning commission and the DeSoto Park Development Corporation in exercising its discretion under this article.
(Ordinance 1512-03 adopted 1/21/03)
(a) 
Subject to approval of the city council, a landowner responsible for dedication under this article may elect to meet the requirements of Section 3.1303(a) in whole or in part by a cash payment in lieu of land, in the amount set forth in Section 3.1302(b). Such payment in lieu of land shall be made prior to final plat approval.
(b) 
The city may from time to time decide to purchase land for parks to serve the needs of the residents of the development. The dedication requirements shall be met by a payment in lieu of land at per acre price, set by resolution by the city council sufficient to acquire land and provide for recreational needs of the residents of the development.
(c) 
The cost per acre of land shall be determined by the city based on current fair market value of the land. The subdivider, without cost to the city, may obtain an appraisal of the property by a qualified real estate appraiser, mutually agreed upon by the city and the subdivider, which may be considered by the city council in determining fair market value.
(Ordinance 1512-03 adopted 1/21/03)
Land shown on the comprehensive plan of the City of DeSoto as being suitable for development of the city for a major recreational center, school site, park, or other public use, shall be reserved, for a period of one (1) year after the preliminary plat is approved by the city if within two (2) months after such approval the city council advised the subdivider of its desire to acquire the land or of the interest of another government unit to acquire the land, for purchase by the interested governmental authority at land appraisal value at the time of purchase. A failure by the city council to so notify the subdivider shall constitute a waiver of the right to reserve the land. Any waiver of the right to reserve the land shall no longer be effective if the preliminary plat shall expire without adoption of a final plat.
(1995 Code of Ordinances, Chapter 3, Article 3.1300, Section 3.1305)
The city shall account for all sums paid in lieu of land dedication under this article with reference to the individual plats involved. Any funds paid for such purposes must be expended by the city within five (5) years from the date received by the city by acquisition or development of a park or recreational area as defined herein. Such funds shall be considered to be spent on a first in, first out basis. If not so expended, the owners of the property on the last day of such period shall be entitled to a pro rata refund of such sum, computed on a square footage of area basis. The owners of such property must request such refund within one hundred eighty (180) days of entitlement, in writing, or such right shall be barred.
(Ordinance 1512-03 adopted 1/21/03)
(a) 
Land dedicated to the city pursuant to this article must be suitable for park and recreational purposes. Any land dedicated shall be of a size, character, dimensions, topography, general character, and location consistent with the guidelines outlined in the park and recreation master plan of the city to meet the demand and need for future residents.
(b) 
When an area of less than five (5) acres is required to be dedicated, the city shall have the right to accept the dedication; or refuse the same and require the payment of fees in lieu thereof.
(c) 
An area within the one hundred (100) year floodplain may be considered as meeting parkland dedication requirements pursuant to this subsection, if so deemed by the city.
(d) 
Drainage areas may be accepted within a park if the channel is constructed in accordance with city engineering standards, and if no significant area of the park is cut off from access by such channel.
(e) 
Each park must be readily accessible to the public, and have access to public streets.
(Ordinance 1512-03 adopted 1/21/03)