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, park/recreation/open space master plan and other applicable plans. Any provision for schools, parks and/or other public facilities shall be indicated on the preliminary and final plat and shall be subject to approval by the Planning and Zoning Commission and City Council.

(Ordinance 1012 adopted 7/20/00)

§ 4.2 Protection of Drainage and Creek areas.

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.

Areas Where an FMA is Required.

All drainage areas or regulated floodways as referenced by panel numbers 480409, 4804099999, 4804110175 and/or 4804110100 (and/or other current panels) 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 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 approved by the City Manager (or his/her designee). 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 or required by the City due to the pending development of properties adjacent to or upstream of the required improvements.

Ownership and Maintenance of the FMA.

The area determined to be the FMA shall be designated on and part of the final plat. Approximate locations shall be shown on zoning change requests and preliminary plats - accurate locations of the FMA shall be established on the final plat. At the City’s option, the FMA shall be protected by one of the following methods:

Dedicated to the City of Forney; or

Easement(s). Creeks or drainageways in tracts which have private maintenance provisions, other than single- or two-family platted lots, can be designated as the FMAs by an easement to the City on the final 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 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

Certain recreational uses normally associated with or adjacent to flood-prone areas (no structures allowed in the FMA), such as golf courses. The uses allowed shall be in conformance with the Zoning Ordinance 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.

Design Criteria.

The following design criteria shall be required for development adjacent to the FMA:

Adequate access must 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 having a minimum width of five feet (5') shall be provided.

Lots in a single-family, PD single-family or duplex residential zoning district shall not be platted within the FMA, and no more than fifty percent (50%) of the length of the FMA (on each side) shall be allowed to have lots backing or siding onto it. If lots back or side onto an FMA, at least two 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). 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, and provided that access to the FMA is possible by City maintenance vehicles should that need arise.

Public streets may be approved in the FMA by the Planning and Zoning Commission and City Council (if they conform to applicable engineering standards).

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.

Alternate designs to facilitate equal or better access may be permitted if approved by the City Manager (or his/her designee).

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 and upon recommendation by the City Manager (or his/her designee).

(Ordinance 1012 adopted 7/20/00)

§ 4.3 Property/Homeowners’ Associations.

4.3

Applicability.

When a subdivision contains either common open space or other improvements which are not intended to be dedicated to the City of Forney for public use (e.g., private recreation facility, landscaped entry features, privately owned streets, etc.), a property/homeowners’ association agreement consistent with State and other appropriate laws, must be submitted to and approved by the City Manager (or designee), and made a part of the final plat documents. The Conditions, Covenants and Restrictions (i.e., CCRs) and the association documents (i.e., articles of incorporation, bylaws) shall be submitted to the City for review and City approval along with the final plat application, and shall be filed of record prior to final plat approval in order to ensure that there is an entity in place for long-term maintenance of these improvements. Said documents must, at a minimum, include provisions which allow the City to take over the maintenance of common property (including private recreation facilities, etc.) using association funds, if such action becomes necessary due to nonperformance or inaction by the association or if the association goes defunct. Provisions shall also be included which would, in the latter instance, convey ownership of the common property (if any) to the City, and which would allow the City to remove any improvements/amenities from the common areas and sell any buildable land area (as residential lots) to recoup the City’s expenses for maintenance and/or demolition of the improvements. Any monies that remain after the City has recovered all of its expenses shall be retained for future maintenance/upgrading of the streets, common areas (if any remain), screening walls or other improvements within the subdivision. These provisions are not intended to allow the City to profit in any way from taking over the association’s responsibilities/funds; they are only intended to allow the City to recoup its actual incurred expenses such that the general public (i.e., the taxpayers of the City) does not have to bear these costs.

Membership.

A property/homeowners’ association shall be an incorporated nonprofit organization operating under recorded land agreements through which:

Each lot owner within the described land area is automatically a member (i.e., membership in the association is mandatory); and

Each lot is automatically subject to a charge for a proportionate share of the expenses for the property/homeowners’ association’s activities, such as maintenance of common open spaces or the provision and upkeep of common recreational facilities.

Legal Requirements.

In order to assure the establishment of a proper property/homeowners’ association including its financing, and the rights and responsibilities of the property/homeowners in relation to the use, management and ownership of common property, the subdivision plat, dedication documents, covenants and other recorded legal agreements must:

Legally create an automatic membership, nonprofit property/homeowners’ association;

Place title to the common property in the property/homeowners’ association, or give definite assurance that it automatically will be so placed within a reasonable, definite time;

Appropriately limit the uses of the common property;

Give each lot owner the right to the use and enjoyment of the common property;

Place responsibility for operation and maintenance of the common property in the property/homeowners’ association;

Place an association charge on each lot in a manner which will both assure sufficient association funds and which will provide adequate safeguards for the lot owners against undesirable high charges;

Give each lot owner voting rights in the association; and

Must identify land area within the association’s jurisdiction including but not limited to the following:

(a)

Property to be transferred to public agencies;

(b)

The individual residential lots;

(c)

The common properties to be transferred by the developer to the property/homeowners’ association; and

(d)

Other parcels.

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 property/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/homeowners’ association or its Board or to take any action required and levy any assessment that the property/homeowners’ association might have taken, either in the name of the property/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.

Protective Covenants.

Protective covenants shall be developed which, among other things, shall make the property/homeowners’ association responsible for:

The maintenance and operation of all common property;

The enforcement of all other covenants;

The administration of architectural controls (optional); and

Certain specified exterior maintenance of exterior improvements of individual properties (optional).

The association may not be dissolved without the prior written consent of the City Council.

No portion of the association documents pertaining to the maintenance of common areas/property, assessments therefor, rental ratio limitations, or Board organization and developer transition standards, may be amended without the written consent of the City Council.

Rental Ratio Limits.

As a condition of final plat approval for any subdivision required to establish a property/homeowners' association (HOA) under this Section 4.3, the HOA governing documents, including the Declaration of Covenants, Conditions, and Restrictions (CC&Rs) and any supplemental declarations, shall include provisions consistent with the following minimum standards. These provisions are adopted solely as conditions of plat approval pursuant to Texas Local Government Code Chapter 212, and are intended to be consistent with applicable provisions of the Texas Property Code, including Section 209.016 thereof.

Rental Cap.

The CC&Rs shall establish a maximum rental ratio for the subdivision. No more than twenty-five percent (20%) [sic] of the total number of lots within the subdivision (or within each separately platted phase, if the subdivision is developed in phases) shall be leased or rented to non-owner occupants at any one time. For purposes of this subsection, a lot shall be considered "rented" if any person other than the fee title owner or an immediate family member of the fee title owner occupies the dwelling unit as a primary or secondary residence pursuant to any lease, sublease, license, or similar occupancy agreement, regardless of whether compensation is paid.

Minimum Lease Term.

The CC&Rs shall prohibit any lease or occupancy agreement for a term of less than six (6) consecutive months. This provision is intended to restrict short-term and transient rental activity within the subdivision and shall apply to all lots, whether owner-occupied or investor-owned, except as otherwise required by applicable state or federal law.

Rental Registry.

The CC&Rs shall require the HOA Board of Directors to maintain a current rental registry identifying all lots within the subdivision that are subject to an active lease or occupancy agreement. The rental registry shall be updated within thirty (30) days of the execution of any new lease or the termination of any existing lease. The rental registry shall be made available for inspection by the City upon written request.

Owner Notification Obligation.

The CC&Rs shall require each lot owner to notify the HOA Board of Directors in writing within thirty (30) days of executing any lease or occupancy agreement and within thirty (30) days of any such agreement's termination or expiration.

Cap Reached – Waitlist.

The CC&Rs shall provide that, if the maximum rental ratio established under subsection (g)(1) is reached, no additional lots may be placed in rental status until the ratio falls below the maximum. Lot owners whose requests to rent are denied solely due to the cap having been reached shall be placed on a waitlist maintained by the HOA Board of Directors in order of the date of the owner's written request. The CC&Rs shall further provide that the HOA Board of Directors shall notify waitlisted owners promptly upon a rental slot becoming available.

Enforcement.

The CC&Rs shall provide that a violation of the rental ratio limitations or the minimum lease term requirement constitutes a violation of the CC&Rs subject to the HOA's enforcement and fine authority as provided in the CC&Rs and applicable law. The CC&Rs shall not, however, include any provision that requires a lease or rental applicant or tenant to be submitted to and approved for tenancy by the HOA, consistent with Texas Property Code Section 209.016.

Consistency with State Law.

All rental ratio and lease term provisions required under this subsection (g) shall be construed and implemented in a manner consistent with applicable provisions of the Texas Property Code. To the extent any provision of this subsection (g), as incorporated into any HOA's CC&Rs, is determined by a court of competent jurisdiction to be in conflict with or preempted by the Texas Property Code or other applicable state law, that provision shall be severable from the remaining rental ratio provisions, and the remaining provisions shall continue in full force and effect.

Board Organization and Developer Transition Standards.

As a condition of final plat approval for any subdivision required to establish a property/homeowners' association (HOA) under this Section 4.3, the HOA governing documents, including the Articles of Incorporation, Bylaws, and CC&Rs (collectively, "Governing Documents"), shall include provisions consistent with the following minimum standards governing the organization of the HOA Board of Directors and the transition of Board control from the developer or declarant to resident lot owners. These provisions are adopted solely as conditions of plat approval pursuant to Texas Local Government Code Chapter 212 and are intended to be no less protective of lot owners than, and consistent with, the applicable provisions of the Texas Property Code, including Section 209.00591 thereof.

Definitions (for purposes of § 4.3(h)):

(a)

Declarant.

The developer, builder, or other person or entity that recorded the Declaration of Covenants, Conditions, and Restrictions for the subdivision and who retains the right to appoint members to the HOA Board of Directors pursuant to the Governing Documents.

(b)

Qualified Lot Owner.

A fee title owner of a lot within the subdivision who is not the Declarant, a commercial homebuilder holding a lot for resale, or an entity controlled by or affiliated with the Declarant.

(c)

Transition Date.

The date on which the Declarant is required to relinquish majority control of the HOA Board of Directors to Qualified Lot Owners pursuant to subsection (h)(2) below.

Mandatory Transition to Resident Control.

(a)

Transition Triggers.

The Governing Documents shall require the Declarant to relinquish majority control of the HOA Board of Directors to Qualified Lot Owners upon the occurrence of the earliest of the following events:

(1)

The date on which ninety percent (75%) [sic] of all lots within the subdivision (or within all platted phases, taken in the aggregate) have been conveyed by the Declarant to Qualified Lot Owners by recorded deed;

(2)

Five (5) years after the date of recordation of the final plat of the first phase of the subdivision; or

(3)

The date the Declarant voluntarily elects, in writing, to relinquish majority Board control.

For avoidance of doubt, the foregoing transition triggers are intended to be more protective of Qualified Lot Owners than the minimum statutory transition requirements of Texas Property Code Section 209.00591. In the event the Texas Property Code requires an earlier transition than the dates specified above, the earlier statutory date shall control.

(b)

Advance Notice of Transition.

The Governing Documents shall require the Declarant to provide written notice to all Qualified Lot Owners at least ninety (90) days before the anticipated occurrence of any Transition Date trigger event identified in subsection (h)(2)(a)(1) or (2) above. The notice shall describe the applicable trigger event, the anticipated Transition Date, and the process for election of the resident-controlled Board.

(c)

Transition Election.

The Governing Documents shall require that, no later than the Transition Date, the Declarant call a special meeting of the HOA membership for the purpose of electing a resident-controlled Board of Directors. The Governing Documents shall further provide that:

(1)

The quorum requirement for the transition election meeting shall not be set higher than twenty percent (20%) of Qualified Lot Owners entitled to vote;

(2)

All Qualified Lot Owners in good standing shall be eligible to vote in the transition election;

(3)

The Declarant and any entity controlled by or affiliated with the Declarant shall not be eligible to vote in the transition election for the purpose of electing resident directors; and

(4)

Voting may be conducted by written ballot, proxy (unless prohibited by the Governing Documents), or in person at the special meeting, consistent with applicable provisions of the Texas Property Code.

Interim developer Board Composition Requirements.

During the period between the date of recordation of the final plat and the Transition Date ("Developer Control Period"), the Governing Documents shall require the following minimum resident representation on the HOA Board of Directors:

(a)

At least one (1) seat on the Board shall be held by a Qualified Lot Owner commencing no later than sixty (60) days after ten percent (10%) of the lots within the subdivision have been conveyed to Qualified Lot Owners by recorded deed;

(b)

At least two (2) seats on the Board, or one-third (1/3) of the total Board seats (whichever is greater), shall be held by Qualified Lot Owners commencing no later than sixty (60) days after fifty percent (30%) [sic] of the lots within the subdivision have been conveyed to Qualified Lot Owners by recorded deed.

Turnover of Records and Funds at Transition.

The Governing Documents shall require the Declarant to deliver all of the following to the newly elected resident-controlled Board of Directors within thirty (30) days of the Transition Date:

(a)

All financial records of the HOA, including bank account statements, ledgers, and audited or reviewed financial statements for each year of the Developer Control Period;

(b)

All HOA operating and reserve fund accounts, including transfer of signatory authority over all such accounts to the new Board;

(c)

All executed contracts to which the HOA is a party, together with written notice to each counterparty of the change in Board control;

(d)

All Governing Documents, recorded plat documents, CC&Rs, amendments thereto, and any management certificates filed with the county pursuant to Texas Property Code Section 209.004.

(e)

All as-built plans, engineering drawings, and warranties for common area improvements, infrastructure, and amenities within the subdivision; and

(f)

A written accounting of all HOA funds received and expended during the Developer Control Period, including an itemized statement of the balance of all reserve and operating accounts as of the Transition Date.

Reserve Fund Minimum at Transition.

The Governing Documents shall require that, at the time of transition, the Declarant shall ensure that the HOA's reserve fund is funded at a level no less than three (3) months of the HOA's then-projected annual operating expenses, as reflected in the HOA's most recently adopted budget. The Declarant shall be responsible for any shortfall in the reserve fund that exists as of the Transition Date.

Annual Financial Disclosure During Developer Control Period.

The Governing Documents shall require the Declarant-controlled Board to provide all Qualified Lot Owners with an annual financial statement for the preceding fiscal year no later than ninety (90) days after the close of each fiscal year during the Developer Control Period. The annual financial statement shall include, at minimum, a balance sheet and income and expense statement for the HOA.

Consistency with State Law.

All Board organization and developer transition provisions required under this subsection (h) shall be construed and implemented in a manner consistent with applicable provisions of the Texas Property Code, including without limitation Section 209.00591. To the extent the Texas Property Code requires an earlier transition or imposes additional requirements beyond those set forth in this subsection (h), the more protective statutory provisions shall control. To the extent any provision of this subsection (h), as incorporated into any HOA's Governing Documents, is determined by a court of competent jurisdiction to be in conflict with or preempted by the Texas Property Code or other applicable state law, that provision shall be severable from the remaining Board organization provisions, and the remaining provisions shall continue in full force and effect.

(Ordinance 1012 adopted 7/20/00; Ordinance adopting Code; Ordinance 26-18 adopted 6/2/2026)

§ 4.4 Parkland Dedication.

Purpose.

This Section establishes the regulations that provide open space and recreational areas in the form of park facilities as a function of subdivision and site development in the City of Forney and its extraterritorial jurisdiction (ETJ). This Section is enacted in accordance with the home rule powers of the City of Forney granted under the Texas Constitution, and the statutes of the State of Texas, including, but not by way of limitation, Texas Local Government Code Chapter 212 as may be amended from time to time.

Open space and recreational areas in the form of parks are necessary for the health and welfare of the residents of Forney. The only adequate procedure to provide for parks is by integrating such requirements into the procedure for planning and developing property or subdivisions in the City of Forney and its ETJ to accommodate the associated and proportionate impact on the Parks and Recreation System, whether such development consists of subdivision, new construction on vacant land, or rebuilding and remodeling of structures on previously developed property.

Parks provide for a variety of indoor and outdoor recreational and healthy living opportunities and are located in various locations throughout the City. The land area of the City of Forney being approximately less than 15 square miles shall be prima facie evidence that any park located therein is within a convenient distance from any residence located therein. The primary cost of purchasing or acquiring, developing, and improving parks shall be borne by the landowners of residential property or projects who, by reason of the proximity of their property to such parks, are the primary beneficiaries of such facilities.

A typical park in Forney is designed to serve the needs of residents from the entire community no matter where the park is or will be located in Forney. Parks serve both active and passive leisure and recreation needs of residents and their visitors, in addition to serving the essential purposes of providing open space to maintain a rural character to some degree. The purchase, acquisition, development, and improvement of the basic infrastructure and facilities for parks in Forney are based upon the demand from the residents they are intended to serve.

Recognizing that there are different sizes, scales, and types of park facilities, the required level of service contained herein has been designed based on the smallest of park facilities at existing level of service, a neighborhood park of two to ten acres, to meet the “basic” infrastructure and facilities standard. Any fees collected per these requirements can, however, be utilized in the purchase or acquisition of parkland, development, and/or improvement of any size or scale park facility in Forney as planned for or recommended in the Parks, Recreation and Open Space Master Plan, as may be amended from time to time, which is hereby adopted by reference and incorporated herein for all purposes.

Therefore, the following requirements are adopted to effect the purposes stated above.

Applicability.

This Section applies to a landowner who develops land for residential uses located within the City of Forney or its ETJ.

Requirements.

General.

The City Manager or his designee shall administer this Section with certain review, recommendation and approval authorities being assigned to the City Council and various City Departments as specified herein.

Generally, the developer of residential property must address the following requirements pursuant to this Section: dedication of land for park use or payment of a fee-in-lieu thereof and payment of a park development fee for parks or construction of the park improvements to which such fee relates. Requirements herein are based on actual or approved dwelling units for an entire development or project. Increases or decreases in final dwelling unit count may require an adjustment in fees paid or land dedicated. If the actual number of dwelling units exceeds the original estimate, additional parkland and additional parkland development fees may be required in accordance with the requirements in this Section.

Fee Calculations and Updates.

The schedule of fees and required land dedications are set forth in Subsection J.

A quantifiable and reasonable methodology was established to base the parkland dedication requirements, fees-in-lieu of dedication, and parkland development fees contained herein on data and levels of service relevant to Forney that are based on density, as well as best practices. The park development fee is calculated utilizing empirical details of how much the average neighborhood park costs in Forney based on the community feedback gathered in the Parks, Recreation and Open Space Master Plan and its associated analysis. The methodology and fees shall be reviewed at least once every three years.

Land Dedication.

The total amount of land to be dedicated for parkland purposes shall be set forth in Subsection J. The required dedication may be met by payment of cash in lieu of land when permitted or required by other provisions of this Section. The total amount of land dedicated for a development shall be dedicated to the City in fee simple:

Prior to the issuance of any building permits for multifamily development on an associated plat or via separate instrument;

Concurrently with the final plat for a single-phase single-family residential development, clearly labeled and dedicated as City parkland (or with applicable notes as stipulated in this Subsection for the ETJ);

For a multi-phased single family residential development, the entire park(s) shall be either platted concurrently with the plat of the first phase of the development, clearly labeled and dedicated as City parkland (or with applicable notes as stipulated in this Subsection for the ETJ); or

The developer may, if agreeable to City Council, provide the City with financial security against the future dedication by providing a bond, irrevocable letter of credit, or other alternative financial guarantee such as a cash deposit in the amount equal to the number of acres of parkland required and in a form acceptable to the City. The amount of the financial guarantee shall be the amount of fee-in-lieu of land dedication as set forth in Subsection J. The financial guarantee will be released to the developer, without interest, upon the filing of the final plat for the subsequent phase that dedicates the required parkland.

For development located outside City of Forney city limits but within the City of Forney ETJ, the dedication requirements of this Subsection may be met through the creation of private parkland in the same amount required as set forth in Subsection J., provided the developer enters into a written agreement that all such private park land be dedicated to the City of Forney at the time of full purpose annexation into the City and provided that any plat related to such development, is inscribed with a notation regarding same.

Fee in Lieu of Land.

In lieu of dedicating parkland, a developer may request to meet some or all of the parkland dedication requirements through payment of a fee-in-lieu thereof in the amounts set forth in Subsection J. Such fees shall be due prior to filing an associated plat for record for single-family residential uses prior to the issuance of a building permit for multifamily residential uses.

The fee-in-lieu of land calculation is based on a cost per acre. This number should be reviewed by the Parks and Recreation Board during every review or update of this Section. The Parks and Recreation Board, based upon the best available information as to land and property values within the community, shall determine the appropriate cost of acquiring one acre of vacant land in a developing area of the community. This figure shall be the raw acreage cost under which all park fees are calculated for the following year. In determining the average per acre value of land, the Parks and Recreation Board may consider factors including, but not limited to:

The most recent Central Appraisal District appraisal value of previously purchased or dedicated parkland at the time of sale; or

Confirmed sales price of all or part of property previously purchased for parkland use; or

Where in the judgment of the City of Forney, subsections (1) or (2) above would not, because of changes to conditions, be a reliable indication of current land values, an independent appraisal of a proposed park dedication property may be obtained by the City and paid for by the developer.

City Final Approval.

The City Council shall have the final authority in determining how much, if any, land or fee may be accepted in lieu of required land dedication. The City Council may require that a fee be submitted in lieu of land dedication in amounts as set forth in Subsection J. Further, the City Council may require that land be dedicated in amounts as set forth in Subsection J and that no fee in lieu of land will be accepted.

Approval Process for Parkland Dedication.

All single-family residential and multifamily residential plats shall be reviewed by the City staff including the Forney Parks Department for compliance with this ordinance.

Parkland dedication proposals must obtain final approval from the City Council pursuant to the plat review and approval process after receiving a recommendation from City staff.

Should a proposed dedication go before the Planning and Zoning Commission as part of the required project approval, the Planning and Zoning Commission shall consider staff’s recommendation and may offer an independent recommendation to be forwarded to the City Council for consideration.

The following criteria should be considered by the City Council for all parkland dedication and/or fee requests:

The proposed plat shall clearly identify the proposed public parkland to be dedicated;

The proposed dedication or fee shall provide a sufficient amount of parkland in the area of the proposed development for required parkland dedication;

Where the proposed dedication is insufficient for a park site under existing park design standards, some or all of the dedication requirements may be in the form of a fee in amounts as set forth in Subsection J;

Determination of acceptability of a proposed parkland dedication is based upon the City of Forney’s Parks, Recreation and Open Space Master Plan, as may be amended from time to time and the criteria contained herein;

Land is usable and compatible with the City’s Comprehensive Plan, its Future Land Use Plan, the Parks, Recreation and Open Space Master Plan, and other approved public plans;

The level of service necessary in the immediate vicinity of the proposed parkland;

The existence of a nearby park that would be served with the funds better or more by expansion or improvement; and

Public access consideration.

Park Development Fee.

In addition to the land dedication requirements for parks, there are also park development fees. Park development fees are necessary to develop parks in ways that meet the City of Forney’s level of service and resident needs. The park development fee assessed to a developer, subject to this Subsection, is as shown in Subsection J. The process for the approval and collection of park development fees shall be the same as for the parkland dedication requirements to which the development relates and shall be processed simultaneously with the parkland dedication requirements.

The City shall have the final authority in determining how much, if any, land or fee may be accepted in lieu of required park development. The City may require that a fee be submitted in lieu of park development in amounts as set forth in Subsection J. Further, the City may require that parks be developed to a specific level of service and that no fee-in-lieu of park development will be accepted.

Construction of Park Improvements in Lieu of Development Fee.

A developer may elect, subject to approval by the City Council, to construct required park improvements in lieu of paying the associated development fees as set forth herein. The following shall be required in such event.

A park site plan, developed in cooperation with the City staff, must be reviewed and approved by the City Council upon submission of final plat for a single-family residential use or upon application for a building permit for multifamily residential uses, whichever is applicable.

All plans and specification shall meet or exceed all applicable City Codes and Ordinances as well as the City’s level of service standards and/or scale-specific intent as specified in the City of Forney Parks, Recreation and Open Space Master Plan, as may be amended from time to time, and the criteria contained herein, in effect at the time of the submission.

If the improvements are constructed on land that has already been dedicated to and/or is owned by the City, then the developer must post payment and performance bonds to guarantee the payment to subcontractors and suppliers and to guarantee the developer completes the work in accordance with the approved plans, specifications, ordinances, and other applicable laws.

The construction of all improvements must be completed in accordance with the requirements relating to the construction of public improvements for final plats and issuance of building permits, whichever is applicable. This includes the guaranteeing performance in lieu of completing the park improvements prior to final plat approval. Notwithstanding any other applicable ordinances, park improvements should be completed within two years from the date of the approval.

Park development will be considered complete and a Certificate of Completion will be issued after the following requirements are met:

Improvements have been constructed in accordance with the approved plans;

All parkland upon which the improvements have been constructed has been dedicated as required by this Subsection; and

All manufacturers’ warranties have been provided for any equipment installed in the park as part of the improvements.

Upon issuance of a Certificate of Completion, the developer warranties the improvements for a period of two years.

The developer shall be liable for any costs required to complete park development if the developer fails to complete the improvements in accordance with the approved plans or if the developer fails to complete any warranty work.

Fee Payment.

Any fees required to be paid by this Subsection shall be remitted:

Prior to the issuance of any building permits for multifamily development; or

Upon the submission of each final plat for single-family development.

10.

Use of Fees.

Fees may be used only for the purchase, acquisition, development, and/or improvement of park facilities in the City of Forney. Potential parkland in underserved areas within one mile of developments that have paid parkland dedication fees, which have not yet been refunded, shall be a top consideration (but not the only consideration) when evaluating potential land for purchase or acquisition for future parks.

Unimproved parkland or parks in need of additional improvements within one mile of developments that have paid park development fees, that have not yet been refunded, will be a top consideration (but not the only consideration) when evaluating parks for potential development and/or improvements. Parks may be purchased, acquired, developed, or improved with parkland fees in any portion of the City of Forney due to its small size since any existing or future resident in Forney is and will be within a convenient distance to any existing or future park in Forney.

11.

Reimbursement for City-Acquired Parkland.

The City may acquire and/or develop land for parks in or near an area of actual or potential development. When this happens, the City may require subsequent dedications to be in fee-in lieu of parkland and parkland development fees instead of dedication and development. This will be to reimburse the City for the cost(s) of acquisition and/or development.

Prior Dedication or Absence of Prior Dedication.

If a dedication requirement arose prior to enactment or amendment of this Section, subsequent development for the subject tract to which the dedication requirements applies may be subject to vesting as set forth in Chapter 245 Texas Local Government Code. Depending on the circumstances, additional proportionate dedication may be required for the increase in dwelling units from what was originally proposed and may be either land dedication or money in lieu of land or development, at the discretion of the City Council. At the discretion of the City Council, any former gift of land or cash to the City may be credited toward eventual land dedication or development requirements imposed on the Developer.

City of Forney Plan Considerations.

The City of Forney Comprehensive Plan and the City of Forney Parks, Recreation and Open Space Master Plan should be used in recommendations and decisions regarding parkland dedication. The Parks, Recreation and Open Space Master Plan shall be used to determine the location of trails to connect to the City trail system.

Special Fund; Right to Refund.

All parkland dedication fees will be deposited into a fund specifically dedicated to the purchase and/or acquisition of parks in Forney. All park development fees will be deposited in a fund specifically dedicated to the improvement and/or development of parks in Forney.

The City shall account for all fees in lieu of land dedication and all park development fees paid under this Section with reference to the individual plat(s) involved. Any fees paid for such purposes must be encumbered or expended by the City within 10 years from the date received by the City for purchase, acquisition, development, and/or improvement of a park as required herein. Such funds shall be considered to be spent on a first-in, first-out basis.

The Developer of the property on the last day of the 10-year period shall be entitled to a pro rata refund, that includes the original contribution, computed on a per dwelling unit basis, if the fees are not encumbered by contract or purchase order or expended or if the property under which fees were paid has not received benefit from a park acquired or developed within the City of Forney with the fees paid. The property owner of the property must request the refund in writing, within one year of entitlement, or the right shall be deemed permanently waived. Any interest earned with these funds shall remain in these funds and be used for the fund’s intent.

Parkland Guidelines and Requirements.

Parks should be easy to access and open to public view to benefit area development, enhance the visual character of the City, protect public safety and minimize conflict with adjacent land uses. The following guidelines shall be used in park design and development:

All land dedicated to the City under this Section must be suitable for park and recreation use and shall be free and clear of any and all liens and encumbrances that interfere with its use for park purposes. The City Manager or his designee shall determine whether any encumbrances interfere with park use. A current title report must be provided with the land dedication. The property owner shall pay all taxes or assessments owed on the property up to the date of acceptance of the dedication by the City. A certified tax certificate from Kaufman County shall be submitted with the dedication or plat.

Land in floodplain or designated greenways is not preferred but may be proposed for dedication, but only on a 3 for 1 basis. Three acres of floodplain or greenway will be equal to one acre of parkland. The City is under no obligation to accept any land within a floodplain or greenway.

Where feasible, park sites should be located adjacent to greenways and/or schools in order to encourage shared facilities and joint development of new sites.

Neighborhood park sites should be adjacent to residential areas in a way that serves the greatest number of users and should be located to minimize users having to cross arterial roadways to access them. Community park sites should be accessible from major arterial streets.

Sites with existing trees or other scenic elements are preferred.

Detention/retention areas may not be able to meet dedication requirements but may be accepted in addition to the required dedication.

The City of Forney generally considers that the development of an area less than five (5) acres for park purposes is inefficient for public maintenance.

Credit for Private Parks and Amenities.

Up to 50% of the park dedication requirement may, at the discretion of the City, be fulfilled by privately owned and maintained park and recreation facilities.

In determining the amount of credit, the following criteria shall be used:

Exceeding the open space requirement by more than 25% (10% credit)

Providing swimming pools (10% credit)

Providing playgrounds (10% credit)

Providing volleyball, basketball, and/or tennis courts (10% credit)

Providing walking/jogging trails (10% credit)

Credited private areas must remain available for the use and enjoyment of residents of the particular development or subdivision. The property owner (or homeowners association) is liable for any lack of maintenance and may be held in violation of City Code.

Warranty Required.

All materials and equipment provided to the City shall be new unless otherwise approved in advance by the City Manager or his designee. All work shall be of good quality, free from faults and defects, and in conformance with the designs, plans, specification, and drawings, and recognized industry standards. This warranty, any other warranties expressed or implied, and any other consumer rights, shall inure to the benefit of the City only and are not made for the benefit of any party other than the City.

This warranty is in addition to any rights or warranties expressed or implied by law.

Where more than a two-year warranty is specified in the applicable plans, specifications, or submittals for individual products, work, or materials, the longer warranty shall govern.

This warranty obligation may be covered by any performance or payment bonds tendered in compliance with this ordinance.

If any of the work performed by the developer or land owner is found or determined to be either defective or otherwise not in accordance with this ordinance, the designs, plans, drawings or specifications, within two years after the date of work completion, the developer or land owner shall promptly correct the defective work at no cost to the City.

During the applicable warranty period and after the receipt of written notice from the City to begin corrective work, the developer or land owner shall promptly begin the corrective work. The obligation to correct any defective work shall be enforceable under this ordinance. The guarantee to correct the defective work shall not constitute the exclusive remedy of the City, nor shall other remedies be limited to the terms of either the warranty or the guarantee.

If within twenty (20) calendar days after the City has notified the developer or land owner of a defect, failure, or abnormality in the work, and the developer or land owner has not started to make the necessary corrections or adjustments, the City is authorized to make the corrections or adjustments. The cost of all work shall be paid by the developer or land owner.

The guarantee shall be extended to cover all repairs and replacements furnished, and the term of the guarantee for each repair or replacement shall be two years after the installation or completion. The two-year warranty shall cover all work, equipment, and materials that are part of the improvements made under this Section.

Parkland Dedication and Development Fees.

The dedication requirement is comprised of 3 elements:

A land requirement;

A fee in lieu of alternative to the land requirement; and

A parks development fee.

Fee Calculation:
Requirement	Methodology
Current level of service is 1 acre per 77.3 people. This level of service is based on the 2018 total population: 20,280 divided by the existing parkland of 262.35 acres.
3.1 persons per household (PPH) for single-family and 1.2 PPH for multifamily based on NCTCOG population estimates.
Land	Single-family: 77.3 people ÷ 3.1 PPH = 25 Dwelling Units (DU) = 1 acre per 25 DU
Land	Multifamily: 77.3 people ÷ 1.2 PPH = 64 DU = 1 acre per 64 DU.
Fee-in-lieu of land	Assume 1 acre costs $28,169 (Based on previous City land purchase)
	Single-family: $28,169 ÷ 25 DU = $1,126 per DU
	Multifamily: $28,169 ÷ 64 DU = $440 per DU
Park Development Fee	One park serves 1,844 people, based on a total population of 20,280 being served by 11 parks. The cost of improvements is an average of $136 per person based on an average City park development cost of $250,000.
	Single-family: $136 x 3.1 PPH = $422 per DU
	Multifamily: $136 x 1.2 PPH = $164 per DU
Total Park Fee	Single-family: $1,126 + $422 = $1,548 per DU
Total Park Fee	Multifamily: $440 + $164 = $604 per DU

(Ordinance 18-23 adopted 6/19/18; Ordinance 19-54 adopted 11/19/19)