(a) Requirements for park land dedication.
Neighborhood and community parks are those facilities providing for a variety of outdoor recreational opportunities and within convenient distances from a majority of the residences to be served thereby. Park zones are hereby established in the map below and shall be prima facie proof that any park located therein is within such a convenient distance from any residence located therein. The 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 effect the purposes stated.
(1) General requirements.
a. Whenever a final plat is filed for approval with the city for the development of a residential or multi-family development within the city limits or within the extraterritorial jurisdiction, such plat shall contain a clear fee simple dedication of an area of land to the city for park purposes, which area shall equal two (2) acres for each 30 acres of net development. Any proposed plat submitted to the city for approval shall show the area proposed to be dedicated under this section. The required dedication of this subsection may be met by a payment of money in lieu of land when permitted or required by the other provisions of this section. For subdivisions within the Harlingen extraterritorial jurisdiction a payment of money in lieu of land shall be the only option. Residential or multi-family subdivisions within the extraterritorial jurisdiction in which the developer has requested voluntary annexation to the city limits, and the annexation took place, shall be exempt from the provisions of this section.
b. The city commission declares that development of an area resulting in a land dedication smaller than two (2) acres for public parks purposes is impractical. Therefore, if fewer than 30 acres are proposed by a plat filed for approval, the developer shall be required to pay the applicable payment in lieu of land amount provided by section 2, money in lieu of land, rather than to dedicate any land area. No plat showing a dedication of less than two (2) acres shall be approved.
c. In instances where an area is required to be dedicated, the city commission shall have the right to accept the dedication on the final plat, or to refuse same, after consideration of the recommendation of the planning and zoning commission. If the dedication is disapproved by the city commission, or the development is less than 30 acres in net area, a payment in lieu of land in the amount of $450.00 per dwelling unit shall be required prior to plat recording. The fee shall increase in the amount of $25.00 per dwelling unit after each annual anniversary of the adoption of this section to be capped at $750.00 per dwelling unit. If the actual number of dwelling units proposed for construction exceed the figure upon which the original land dedication or payment was based, such additional dedication shall be required, and shall be made by the payment per each additional dwelling unit before the building permit is issued.
d. The general criteria for the determination to accept or reject the proposed dedicated land shall be whether or not there is sufficient park area in the public domain in the area of the proposed development or if the recreational potential for that park zone would be better served by expanding or improving existing parks, or whether or not the particular property is suitable for park purposes because of traffic conditions, environmental concerns, adjacent property uses, configuration of the property or other appropriate criteria to be established by the city commission.
e. In those cases where developers of land provide significant amenities, such as, swimming pools, tennis courts, basketball courts, ball fields or walking trails within the development for the benefit of those residing therein, and where, with a positive recommendation from the planning and zoning commission, could obtain a reduction of up to 50 percent of the required payment in lieu of land dedication.
(2) Money in lieu of land.
a. Payments may be used only for acquisition of land and improvements or for improvements to an existing park located within the same park zone as the area being developed.
b. Funds from all the park zones could be used for the acquisition of land for a park to be created after the passing of this section or for improvements to regional parks. The existing regional parks that could use funds from all the park zones are the following: Victor Park, Lon C. Hill Park, Pendleton Park, the Soccer Complex and the Wilson Sports Complex.
(3) Special fund; right to refund.
a. There is hereby established a special fund for the deposit of all sums paid in lieu of land dedication for park purposes, which fund shall be known as the park land dedication fund and divided by zones as per the map in subsection
(a).
b. The city shall account for all sums paid in lieu of land dedication under this section with reference to the individual plats involved. Any funds paid for such purposes must be expended by the city within ten (10) years from the date received by the city for acquisition for development of a neighborhood park as defined herein. Such funds shall be considered to be spent on a first in, first out basis. If not so expended, the subdivision developer on the last day of such period shall be entitled to a refund of such sums without accrued interest. The developer of such property must request such refund within one (1) year of entitlement, in writing, or such right shall be barred.
(4) Additional requirements.
a. Any land dedicated to the city under this section must be suitable for park and recreational uses and approved by the city commission.
b. Each park must have ready access to public streets.
c. Due to this section all residential and multi-family subdivisions within the city limits or within the extraterritorial jurisdiction will require approval of the preliminary construction plans and the final plat from the city commission.
(5) Exemption.
a. This section shall not apply and have no effect on any subdivision in the city that a plat application has been filed prior to the passage of this section.
b. Not for profit corporations that focus on providing affordable housing to families of low to moderate income are exempt from this section. The articles of incorporation of the corporation must be reviewed and approved by the city attorney.
(Ordinance 2023-47, § I, adopted 11/1/2023; [Ordinance 2024-73 adopted 11/6/2024])