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Ord. 0741 09-12-96ORDINANCE NO. 741 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING CHAPTER 27, SUBDIVISIONS, OF THE CITY OF PEARLAND CODE OF ORDINANCES, FOR THE PURPOSE OF REQUIRING DEVELOPERS OF PROPOSED PROJECTS TO SUBMIT, FOR APPROVAL OF THE CITY ENGINEER OR HIS DESIGNEE, COMPREHENSIVE DRAINAGE PLANS THAT MEET NATIONAL FLOOD INSURANCE PROGRAM REQUIREMENTS, FEMA REGULATIONS, AND THE CITY'S DESIGN STANDARDS FOR STORM DRAINAGE IMPROVEMENTS; PROVIDING A PENALTY FOR VIOLATION; HAVING A SAVINGS CLAUSE, A REPEALER CLAUSE, AND A SEVERABILITY CLAUSE; PROVIDING FOR CODIFICATION, PUBLICATION AND AN EFFECTIVE DATE. WHEREAS, an increase in the City's economic growth and residential population has resulted in extensive and rapid development in Pearland; and WHEREAS, the need exists to ensure compliance with federal, state, and local flood regulations and insurance requirements to preserve and protect Pearland citizens; now, therefore BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. That Chapter 27, Subdivisions, of the City of Pearland Code of Ordinances, is hereby amended to ADD the following: "Developers of proposed projects shall submit, for approval of the City Engineer or his designee, comprehensive drainage plans that meet National Flood Insurance Program requirements, FEMA regulations, and the City's Design Standards for Storm Drainage Improvements." Section 2. Penalty. Any person, firm or corporation violating any of the provisions of this Ordinance shall be guilty of a misdemeanor, and upon final 1 ORDINANCE NO. 741 conviction thereof shall be fined in a sum not to exceed Two Thousand Dollars ($2,000.00) for each offense. Each day such violation continues to exist shall constitute a separate offense. But in case any person, firm or corporation violates any of the provisions of this Ordinance or fails to comply therewith, the City of Pearland, in addition to imposing the penalties above provided, may institute any appropriate action or proceedings in court to prevent, restrain, correct, or abate any illegal act pertaining to development projects within the City; and any violation of the terms of this Ordinance classified as a misdemeanor shall not preclude the City of Pearland from invoking the civil remedies given it by law in such cases; but same shall be cumulative of and in addition to the penalties prescribed for such violation. Section 3. Savings. All rights and remedies which have accrued in favor of the City under this Chapter and amendments thereto shall be and are preserved for the benefit of the City. Section 4. Repealer. All ordinances and parts of ordinances in conflict herewith are hereby repealed but only to the extent of such conflict. Section 5. Severability. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held invalid, unconstitutional or otherwise unenforceable by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portions thereof. 2 ORDINANCE NO. 741 Section 6. Codification. It is the intent of the City Council of the City of Pearland, Texas, that the provisions of this Ordinance shall be codified in the City's official Code of Ordinances as provided hereinabove. Section 7. publication and Effective Date. The City Secretary shall cause this Ordinance, or its caption and penalty, to be published in the official newspaper of the City of Pearland, upon passage of such Ordinance. The Ordinance shall then become effective ten (10) days from and after its publication, or the publication of its caption and penalty, in the official City newspaper. PASSED and APPROVED ON FIRST READING this the blet day of , A. D., 1996. „ 44yr7 TOM REID MAYOR ATTEST: Y % • NDA C. BENITtZ CITY SECRETARY PASSED and APPROVED ON SECOND AND FINAL READING this the at day of &, A. D., 1996. 147 kr-sedi TOM REID MAYOR 3 ORDINANCE NO. 741 ATTEST: °AA?YO A C. BENITE CITY S CRETARY APPROVED AS TO FORM: Cantr AM Y MOTES M1CULL000H 0 CITY ATTORNEY VOTING RECORD (FIRST READING) AUGUST 12, 1996 Voting "Aye" - Councilmembers Cole, Wilkins, Richardson, Tetens & Beckman Voting "No" - None Motion Passed 5 to 0. VOTING RECORD (SECOND READING) AUGUST 26, 1996 Voting "Aye" - Councilmembers Cole, Wilkins, Richardson, Tetens & Beckman Voting "No" - None. Motion Passed 5 to O. PUBLICATION DATE: SEPTEMBER 4, 1996 EFFECTIVE DATE: SEPTEMBER 13, 1996 PUBLISHED AS REQUIRED BY SECTION 3.10 OF THE CHARTER OF THE CITY OF PEARLAND, TEXAS. 4 CONSENT ITEM A ORDINANCE NO. 741-1 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PFARLAND, TEXAS, AMENDING CHAPTER 27, SUBDIVISIONS, OF THE CITY OF PEARLAND CODE OF ORDINANCES, AS IT MAY HAVE BEEN, FROM TIME TO TIME, AMENDED, TO ADD A NEW SECTION 27-11 TO BE ENTITLED, PARKLAND DEDICATION, FOR THE PURPOSE OF ESTABLISHING GUIDELINES FOR THE DEDICATION OF PARKLAND BY RESIDENTIAL SUBDIVIDERS; HAVING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AND A REPEALER CLAUSE; PROVIDING FOR CODIFICATION, PUBLICATION AND AN EFFECTIVE DATE. WHEREAS, the availability of parks and other recreational facilities is crucial to maintaining Pearland's high quality of life; and WHEREAS, as more residential subdivisions are built, it is important to establish new parks so that existing facilities are not overcrowded; and WHEREAS, residential subdividers should share the burden of providing new park and recreation facilities, which increase the property value of new subdivisions; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. That Chapter 27, Subdivisions, of the City of Pearland Code of Ordinances, is hereby amended to ADD a new Section 27-11, to read as follows: "Section 27-11. Parkland Dedication. The dedication of public parkland or private recreational facilities shall comply with the following parkland dedication requirements and the park master plan of the City's comprehensive plan: A. In view of the fact that land, when subdivided, increases in value to the owner and that residential subdividing increases the burden on the city's park and recreation facilities, the city shall require residential subdividers to offset some of this additional burden by dedicating suitable sites for park and recreation purposes or to make a cash deposit to the city in lieu thereof. 1 ORDINANCE NO. 741-1 of public parkland in its extraterritorial jurisdiction, it shall be dedicated to the county, municipal utility district, or a homeowners' association (as defined) and subject to acceptance by such entity. 2. The city may elect to accept a fee as an alternative to the dedication of part, or all, of the park land under any of the following conditions: a. Where the subdivision is too small to dedicate park sites sufficiently large enough to be economically operated. b. If an adequately sized community park already exists in the area. At the time of submission of the final plat for Planning and Zoning Commission approval, the transmittal letter must be accompanied by the appropriate fee (attached as Exhibit "A") or a statement that the appropriate Park Land Dedication is included in the plat. The fee in lieu of park dedication shall be set by the city council and shall be reviewed every two years, or as the market value warrants. Fees collected in accordance with this ordinance shall be deposited in the park and recreation development fund for the purchase of additional park land or the development of parks or recreation facilities. 3. Improvements. The developer may request to combine land, fees, or improvements to the park area by the addition of playgrounds, swimming pools, tennis courts or other similar recreational amenities. The Parks & Recreation Director shall review the developer's request and make a final recommendation to the Planning and Zoning Commission for approval. 4. Applicability. The provisions of this section shall apply to any preliminary plat approved after January 31, 2000." Section 2. Savings. All rights and remedies which have accrued in favor of the City under this Ordinance and amendments thereto shall be and are preserved for the benefit of the City. Section 3. Severability. If any section, subsection, sentence, clause,'phrase or portion of this Ordinance is for any reason held invalid, unconstitutional or otherwise unenforceable by any court of competent jurisdiction, such portion shall be deemed 3 ORDINANCE NO. 741-1 PASSED and APPROVED ON SECOND AND FINAL READING this the day of , A. D., 1999. ATTEST: YOUNG LORFING CITY SECRETARY APPROVED AS TO FORM: DARRIN M. COKER CITY ATTORNEY 5 TOM REID MAYOR Sec. 78-104. Park Master Plan. The City Council shall, every five (`) years or more frequently as the City Council shall deem necessary, adopt a Park Master Plan for the City of Pearland. The Park Master Plan shall show existing and proposed city parks and park facilities. The Park Master Plan shall divide the City of Pearland into park zones, the number and boundaries of which shall be recommended by the City's Park Board. Sec. 78-105. Definitions. (a) Dwelling unit shall mean any structure or building or portion thereof designed or used primarily for habitation by one family. (b) Family shall mean an individual, any number of persons related by blood or marriage, or not more than four unrelated persons living as a single housekeeping unit. Sec. 78-106. Donation prerequisite to final subdivision plat approval. No final subdivision plat for any property zoned R-E, R-1, R-2, R-3, R-4, MF, MH, or PUD, in the city shall be approved unless the owner of the property shall have made a park donation as set out in this chapter. Sec. 78-107. Methods of park donation. The proper method of park donation for a development shall be determined by the city prior to the approval of the final subdivision plat and shall be based upon the size of the subdivision as follows: (a) 500 dwelling units or more. The final plat of any subdivision subject to this chapter that establishes five hundred (500) or more dwelling units shall include dedication of land to the city for neighborhood park purposes. Such dedication shall be at the rate of one acre of land per each 100 dwelling units on the plat. (b) 100 to 499 dwelling units. For developments of one hundred (100) to four hundred and ninety-nine (499) dwelling units, the City Council, in consultation with the City's Park Board, shall have the sole and final discretion to accept either a dedication of land on the final plat at the above rate, or to require payment of cash in lieu thereof in the amount provided in Section 78- 110. (c) Less than 100 dwelling units. The city declares that development of a park of less than one acre is impractical and creates unreasonable and unnecessary maintenance and operating expenditures. Therefore, if the proposed subdivision contains less than 100 units, the subdivider shall be required to pay cash in lieu thereof in the amount provided herein. No plat showing a dedication of less than one acre shall be approved unless the dedicated property may reasonably be developed in conjunction with contiguous park property. Sec. 78-108. Alternate methods of donation at subdivider's request. Any subdivider may submit written request to the City Council, who shall have the sole and final discretion to approve or deny such requests, to satisfy the park donation requirement, in whole or in part, by one or both of the methods below in lieu of the dedication of parkland. (a) Payment of a cash donation. (b) Construction of improvements to existing public neighborhood park sites, subject to the following conditions: (1) Such improvements shall be constructed in accordance with a site plan. The site plan will include at a minimum a topographic element including proposed grading, landscaping and beautification elements, site facilities, recreational facilities, and existing and proposed utilities. The site plan shall be drawn at a scale of one inch to 20 feet (or a suitable scale). All approved improvements shall be designed in compliance with the Design Manual for Public Works/Utilities applicable to such improvements. Additionally, the subdivider shall include details related to materials, equipment, methods of construction, warranties, assurances, and indemnifications. All proposed improvements shall be subject to the approval of the City's Parks Director. (2) The site plan must be approved by the City's Parks Director prior to the filing of the final plat. (3) Improvements proposed in the site plan may include one or more of the following neighborhood park improvements. Any improvements proposed by the subdivider, but not included in this list, and/or any improvements which are deemed unnecessary at the site, may be rejected by the city. In addition, the City's Parks Director may approve the provision of any improvement not shown on this list if such improvement is in compliance with the findings and recommendations of the park master plan. (A) Playgrounds (provisions for handicap access and use must be made). (B) Practice athletic fields. (C) Volleyball courts. (D) Basketball courts. (E) Tennis courts. (F) Multipurpose trails and walkways. (G) Benches and picnic tables. (4) All improvements constructed pursuant to this subsection are subject to final acceptance by the City's Parks Director. If any or all of the improvements are deemed unacceptable, the subdivider shall make up that portion of the park donation requirement that would have been satisfied by the unacceptable improvements by payment of a cash donation prior to the issuance of any certificate of occupancy for the subdivision. Sec. 78-109. Approval of parkland proposed to be dedicated. (a) Parkland that is proposed to be dedicated to the city to fulfill the park donation requirement must be approved by the City's Parks Director. If the City's Parks Director determines that the development is located in a park zone that already has sufficient neighborhood parkland in the public domain, or that the land proposed to be dedicated is not suitable for the city's park needs, the city shall have the right, in its sole and final discretion, to refuse the dedication of land and require payment of cash in lieu thereof at the rate set out in Section 78-107 (a) and in the amount provided in Section 78-110, or to require a combination of land and cash in lieu of land in appropriate amounts as provided herein. (b) No land shall be accepted to satisfy the park donation requirement unless it meets the following criteria: (1) The parkland shall be clearly visible to public safety vehicles and the neighborhood residents. (2) Pedestrian and vehicular access to the parkland shall be available from one or more public streets. Street frontage shall be required to ensure public access to the parkland. (3) The parkland shall be of suitable width, depth, topography and size to permit the development and/or construction of facilities listed herein and as described in the park system master plan. This requirement may vary from subdivision to subdivision depending upon the specific need being served by the dedication. (4) Potable water, sanitary sewer, and electric power shall be readily available to the parkland from an adjacent street right-of-way or public utility easement. (5) The parkland shall be free of overhead utilities, easements and other conditions which prohibit the effective use of the property as a neighborhood park. (6) The subdivider shall remove all dead trees, trash, refuse, and waste materials from the dedicated parkland prior to its acceptance. (7) The parkland shall not be located in the floodway as determined by the city engineer. (8) The parkland shall have adequate drainage as determined by the city engineer, who shall review all construction plans for any detention or retention proposed to be built on the property. (c) The city council may consider and approve for dedication any area which does not meet the standards of this section if it determines that the acceptance of such dedication would be in the best interest of the public. Sec. 78-110. Calculation of cash donation. If the park donation requirement is to be satisfied by payment of cash, the amount of such cash payment shall be calculated as provided herein. The council shall, after reasonable study and investigation, and based upon the best available information as to land and property values within the community, determine what the cost would be of acquiring one acre of vacant land in a developing area of the community. This figure divided by one hundred shall be the park fee per dwelling unit, and it shall be established by ordinance and adjusted at the discretion of the City Council. The amount of cash donation required for a development or portion thereof shall be calculated by multiplying the number of dwelling units in the subdivision or portion thereof by the park fee per dwelling unit. Sec. 78-111. Deadline for park donation. (a) If the park donation requirement is to be satisfied by the dedication of approved parkland, such dedication must appear on the final plat of the subdivision sought to be approved prior to that plat's approval and be substantially in the form of "Dedicated to the City of Pearland for use as a public park." (b) If the park donation requirement is to be satisfied by payment of a cash donation, such payment shall be calculated and made prior to the issuance of the site work permit for the subdivision. (c) If the park donation requirement is to be satisfied by the construction of park site improvements, said improvements must be finally accepted by the city prior to the final acceptance of the subdivision. Sec. 78-112. Application to replats. If a replat is filed that increases the number of dwelling units from the previous plat, the park donation requirement shall apply to the replat, but only to the extent of the increase in number of dwelling units. Sec. 78-113. Expenditure of collected funds. (a) Special fund. There is hereby established a special fund for the deposit of all sums paid in lieu of parkland dedication under this article. This fund shall be known as the parkland dedication fund. Monies may be expended from this fund only for the purchase, lease or other acquisition of parkland and open space; the improvement, preparation and maintenance of such areas and sites; the installation of utilities to such sites, the construction of landscaping, play equipment or recreational improvements on such sites; or attendant engineering and planning costs associated with such park activities. Monies placed in this fund may not be utilized for any other general business activity of the city. All expenditures from this fund shall be made in accordance with the city', Park Master Plan and shall be approved by the City Council. (b) Right to refund The city shall account for all sums paid in lieu of parkland dedication under this article with reference to the individual plats involved. Any funds paid for such purposes must be expended by the city within ten years from the date received by the city for acquisition and/or development of city parks. Such funds shall be considered to be spent on a first in, first out basis. If not so expended, the subdivider or the owner of the subdivision on the last day of such period shall be entitled to a pro rata refund of such sum, computed on a square footage or area basis. The owners of such property must request such refund within one year of entitlement, in writing, or such right shall be forfeited. (c) Geographic limits of use of funds. All funds accumulated through the payment of cash in lieu of parkland dedication shall be identified as being attributable to the park zone where the subdivision is located, and shall be so designated in the parkland dedication fund. All expenditures from the parkland dedication fund shall be expended only for land or improvements within the zone from which received, unless the city council determines that existing conditions preclude the effective acquisition or development of parkland or recreation facilities, such as a lack of undeveloped sites, in which case the funds collected from one zone may be expended in an adjacent zone. In no case shall the funds be expended at distance greater than two miles from the boundary of the zone from which the funds were collected. (d) Contributions by individual organizations. Any individual organization or entity desiring to make a contribution to the park and recreation system of the city may contribute funds to be placed in this account. Once funds have been placed in this specific account, they can only be expended as provided in this section.