The requirements contained in this article are intended for the purpose of assuring open space and neighborhood 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 North Richland Hills 2000 Parks, Recreation and Open Space Master Plan. It is the policy of the city that a park and recreation fee is hereby imposed on residential and nonresidential development, and all fees collected shall be used solely and exclusively for the purpose of acquisition and development of park facilities reasonably attributable to the development assessed the fee. It is also the policy of the city to allow any neighborhood parkland, which has been dedicated to and accepted by the city, to apply as credit to offset the imposed park fee. Such land shall be of size, character, and dimensions as is necessary to provide usable open space and park and recreational areas.
(Ordinance 2455, § 100, adopted 4/10/2000)
For the purposes of this article only, the terms that follow shall have the meaning set forth herein. Terms not herein defined shall have those meanings given them by other ordinances of the city. Words and terms defined in two ordinances shall be read in harmony unless there exists an irreconcilable conflict in which case the definition contained in this article shall control.
Applicant
means the property owner, or duly designated agent of the property owner, of land for which approval of a building permit has been requested for development.
Building permit
means the permit required for new construction and/or additions to buildings.
Development
means any activity that requires the securing of building permit.
Neighborhood park
means public land, with associated improvements typically from one acre to 15 acres in size, and providing both active and passive recreational opportunities, as specified in the 2000 Parks, Recreation and Open Space Master Plan.
Park and recreation facilities
means land and/or facilities used or to be used as a neighborhood park regardless of location, including both the acquisition of land, the construction of improvements thereon and the expenditure of funds incidental thereto.
Property
means a legally described parcel of land capable of development pursuant to applicable city ordinances and regulations.
2000 Parks, Recreation and Open Space Master Plan
means the official adopted parks and recreation system master plan for the city and amendments thereto.
(Ordinance 2455, § 200, adopted 4/10/2000)
(a) 
Uniformity of application.
This article shall be uniformly applicable to residential and nonresidential development of property in the city. This article does not apply to activities involving the replacement, reconstruction, remodeling, rehabilitation or other improvements to an existing residential or nonresidential structure, or to rebuilding of a damaged structure, unless such activity results in a change in the type.
(b) 
Application to property for which final plats not submitted.
This article applies to all property for which a final plat has not been formally submitted to the city for approval.
(Ordinance 2455, § 300, adopted 4/10/2000)
(a) 
Residential developments.
A park fee, in the amount as established in Appendix A, per dwelling unit, shall be imposed on all residential development in the city.
(b) 
Nonresidential developments.
Although nonresidential development does not generate residential occupancies per se, it does create environmental impacts, which may negatively affect the living environment of the community. These impacts may be ameliorated or eliminated by providing park or open space areas, which buffer adjoining land uses. A park fee, in the amount as established in Appendix A, per acre or prorated portion thereof, shall be imposed on all nonresidential development in the city with a maximum dedication requirement of five acres.
(Ordinance 2455, § 400, adopted 4/10/2000)
(a) 
Generally.
In lieu of, or as credit towards all or a portion of the imposed park fee as required in section 94-61, the developer may elect to apply a contribution of dedication of neighborhood parkland acceptable to the city at a ratio of one acre of parkland for every 40 residential dwelling units or prorated portion thereof, with a maximum dedication requirement of five acres, and at a ratio of one acre of parkland for every 50 nonresidential gross acres of development or prorated portion thereof, with a maximum dedication requirement of five acres.
(b) 
Dedication in conjunction with approval of subdivision plat.
An applicant shall propose dedication of parkland in conjunction with approval of the subdivision plat.
(c) 
Appropriateness of land for open space, park and recreational areas.
Land dedicated or otherwise set aside for open space and park and recreational areas shall be of such size, dimensions, topography, and general character as is reasonably required for the type of use proposed, such as open space buffer, active recreation for individual sports, playground, tot lot, picnic area, etc.
(d) 
Land in flood ways or floodplains.
Land dedicated or otherwise set aside for open space and recreational areas shall be developable upland, not lying within flood ways or floodplains.
(e) 
City's right of acceptance or alternative.
In any case where a dedication is proposed, the city shall have the right to accept the dedication as submitted for approval, or in the alternative, to refuse dedication of the same, and require imposition of the park fee in accordance with section 94-61. The city may permit a combination of dedication and fees to be used to fulfill this requirement. The city staff decision in this regard is subject to appeal and review by the city council, whose decision shall be final.
(Ordinance 2455, § 500, adopted 4/10/2000)
(a) 
Fee payment.
(1) 
Applicants for a building permit for development subject to this article must submit, on a form provided by the city, the proposed number of dwelling units or nonresidential gross acres in the development.
(2) 
Upon receipt of an application for a building permit, the city shall calculate the amount of the applicable fee due, pursuant to this article.
(3) 
The applicable park fee shall be collected prior to the issuance of the building permit. No building permit shall be issued nor shall any construction be allowed to begin until payment of all fees required by this article has been made.
(b) 
Credit against park fee for developer contributions of land.
(1) 
Where review of development applications has resulted in the acceptance of land dedication, such land dedication shall be shown on a final plat and shall contain clear fee simple dedication of that land to the city.
(2) 
The director of parks and recreation or as otherwise designated by the city manager shall make formal recommendation to the city council to accept or refuse any proposed park land dedication prior to the council's action on the development.
(3) 
Applying for credit against the imposed park and recreation fee for the contribution of land is required to be made as a condition of final plat approval.
(c) 
Use of park fee funds.
(1) 
Fees collected shall be used for the purpose of acquisition and development of neighborhood park facilities reasonably attributable to the development assessed the fee. 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.
(2) 
All expenditures of fees collected shall be made in accordance with the North Richland Hills 2000 Parks, Recreation and Open Space Master Plan.
(Ordinance 2455, § 600, adopted 4/10/2000)