Addison City Zoning Code

ARTICLE VI

- SUBDIVISION STANDARDS

Sec. 6.1. - General provisions.

6.1.1.

Purpose. This article establishes standards that regulate the subdivision of property in order to:

Facilitate the orderly growth and harmonious development of the Town and to protect and promote public health, safety, and welfare;

Provide lots and parcels of sufficient size and appropriate design for the purposes for which they are to be used;

Protect the natural environment;

Promote the use of good design, landscape architecture, and civil engineering to preserve and enhance natural features, watercourses, drainage ways, floodplains, native vegetation, and trees;

Provide safe ingress and egress for vehicular and pedestrian traffic;

Ensure safe and efficient traffic circulation through coordinated street systems with relation to major thoroughfares, adjoining subdivisions, adjoining streets, and public facilities;

Provide adequate water supply, sewage disposal, storm drainage, and other utilities and facilities;

Provide for adequate sites for schools, recreation areas, and other public purposes;

Protect or enhance real property values;

Facilitate the transfer of lands having accurate legal descriptions and to establish and assure the rights, duties and responsibilities of subdividers and developers with respect to land development;

Ensure that the costs of providing the necessary rights-of-way, street improvements, utilities and public areas and facilities for new developments are borne fairly and equitably; and

Encourage the clustering of dwellings and other structures to preserve open space, minimize adverse visual impacts, minimize public infrastructure costs, and prevent public safety hazards; and

Provide a common ground of understanding and an equitable working relationship between public and private interests, so that both independent and mutual objectives can be achieved in the subdivision of land.

6.1.2.

Applicability.

Regulatory jurisdiction.

Generally. This article shall apply to all land and all developments within the corporate limits of the Town, except as otherwise provided for in this section.

Land included. Except where otherwise specifically provided for in this article, all the provisions of this article shall apply to the following lands located within the corporate limits of the Town:

Any tract of land which has not been recorded by plat in the plat records of Dallas County, Texas, and which is intended to be sold, leased, or otherwise subdivided from another tract of land or which is intended or proposed to be used for the purpose of development.

Any tract of land which has been recorded as a lot or block by plat in the plat records of Dallas County, Texas; prior to and upon which no development has been constructed or placed prior to the effective date of this UDC.

The division of any previously platted lot into two or more parts prior to the effective date of this UDC.

The removal of one or more lot lines of any platted lot so as to permit the combining of two or more contiguous platted lots into one or more new lots.

Exemptions.

Prior to the subdivision, re-subdivision, or development of any land within the Town, all plans, plats, and construction plans for public improvements shall first be approved in accordance with these regulations, except as provided in § 6.1.2.B.2, below.

The following are exempt from the subdivision regulations of this article, but are subject to all other standards in this UDC:

The division of land into two or more parts, other than for purposes of development, if the smallest resulting parcels, tract or site is five acres or larger in size where each part has access and no public improvement is being dedicated.

Construction of additions or alterations to an existing building where no public improvements are necessary to support such building addition or alterations.

Construction of accessory structures or fences.

Dedication of easement or right-of-way by separate document recordable in the county records if approved by Town.

Cemeteries complying with all state and local laws and regulations.

Divisions of land created by order of a court of competent jurisdiction.

A change in ownership of a property through inheritance or the probate of an estate.

6.1.3.

Compliance and enforcement.

It shall be unlawful for any person to begin, continue, or complete any development on any land within the corporate limits of the Town to which the provisions of this article apply, except in accordance with and upon compliance with the provisions of this article.

Except as otherwise authorized by this article, the Town shall not issue a Building Permit or certificate of occupancy required by any article of the Town for any land located within the corporate limits to which this article applies, until and unless there is compliance with this article.

The Town may refuse to authorize or make utility connections on the grounds set forth in TLGC § 212.012.

No improvements shall be initiated until the approval of the Town has been given. Disapproval of a Final Plat by the Town shall be deemed a refusal by the Town to accept offered dedications shown thereon.

Approval of a Final Plat shall not be deemed an acceptance of the proposed dedications and shall not impose any duty upon the Town concerning the maintenance or improvement of any such dedicated parts until the proper authorities of the Town have both given their written acceptance of the improvements and have actually appropriated the same by entry, use, or improvements.

All subdivisions, as proposed or reflected in any Preliminary Plat, Final Plat, Replat, Minor or Amending Plat, or otherwise, must conform to all applicable zoning regulations. A subdivision submission reflecting a condition not in conformity with applicable zoning regulations shall not be approved until any available relief from the Board of Zoning Adjustment has been finally obtained. If the property is not zoned as required for the proposed subdivision, initial zoning shall be requested. Application for zoning includes completion of application forms, payment of required fees, and performance of other requirements of the zoning ordinance and the rules and regulations of the Town, as the same may be, from time to time, passed or amended.

6.1.4.

Withholding improvements. It shall be the policy of the Town to withhold all Town improvements, including the maintenance of streets and the furnishing of sewage facilities and water service, from all additions, the platting of which has not been officially approved by the City Council. No improvements should be initiated, nor contracts executed, until the approval of the City Council has been given.

6.1.5.

Annexation. If the property is not within the corporate limits of the Town and the owner desires that it be annexed so as to be qualified to receive Town services, when available, and be afforded zoning protection, the owner must petition the Town for Annexation through lawful Annexation proceedings.

6.1.6.

Platting requirements.

Division of property.

No land may be subdivided or platted through the use of any legal description other than with reference to a plat approved pursuant to the procedures established in § 2.9: Platting Procedures, and in accordance with the standards in this UDC.

Excepting agricultural leases, no land described in this article shall be platted or sold, leased, transferred, or developed until the property owner has obtained approval of the applicable plat pursuant to the procedures established in § 2.9: Platting Procedures, and in accordance with the standards in this UDC.

A division of a tract under this section includes a division regardless of whether it is made by using a metes and bounds description in a deed of conveyance or in a contract for a deed, by using a contract of sale or other executory contract to convey, or by using any other method.

No plat may be recorded and no transfer of title to any part of a tract of land shall be made until a plat, accurately describing the property to be conveyed, is approved in accordance with these provisions and recorded.

Permits for construction activity or public improvements. The Town shall not issue permits for any construction activity or allow any public improvements for a development until a plat is approved and filed of record and all public improvements have been accepted (if applicable) except as provided in § 6.1.2: Applicability or for the following:

Model homes. A developer may construct no more than four model homes within a single-family, duplex, triplex, or fourplex development phase containing public improvements that have not yet been finally accepted, provided that:

All off-site drainage or regional improvements have been installed, inspected and accepted;

Each model home is inspected and found to meet all Building, Plumbing, and Fire Code requirements prior to being opened to observation by the public;

The home will not be sold or occupied as a dwelling unit until all public improvements within that phase have been completed and accepted by the Town; and

The applicant complies with § 6.3: Grading and Drainage.

Multifamily or nonresidential development. Upon application and satisfaction of the following conditions, together with other UDC, Town ordinance, and Criteria Manual requirements, otherwise applicable to full Building Permits, the Building Official may issue a Building Permit for multifamily or nonresidential development to allow for limited construction subject to the following:

The applicant shall complete installation of all drainage and other regional improvements, including off-site improvements. This requirement may be satisfied by constructing temporary drainage improvements (such as detention ponds) that, in the opinion of the Director of Public Works and Engineering, are adequate to offset the decrease in permeable surface of the permitted phase of development and prevent harm to downstream properties, pending completion and acceptance of required permanent regional improvements for drainage.

The applicant must enter into an agreement with the Town, in a form approved by the City Attorney, which indemnifies and holds the Town harmless for any failure of the applicant, owner, or builder to obtain necessary access and drainage easements and permits, or to build needed offsite improvements.

A Building Permit issued in this manner may be withdrawn upon failure to meet any imposed condition, as set forth in § 1.7: Enforcement.

The applicant shall install and demonstrate proper function of fire hydrants and all-weather access improvements for fire apparatus required by the Fire Code and the Code of Ordinances, prior to any construction above slab.

The applicant complies with § 6.3: Grading and Drainage.

Sec. 6.2. - Subdivision design standards.

6.2.1.

General.

Every subdivision shall comply with all other ordinances and regulations of the Town and the TLGC.

Public infrastructure shall be constructed in accordance with this UDC, Criteria Manuals or, if no standard or specification can be found, then the standard or specification used shall be subject to approval by the Director of Public Works and Engineering based on professional engineering practices.

The applicant shall make all required improvements, at their expense, according to Town regulations, without reimbursement by the Town, except for certain reimbursable costs as provided in this UDC.

6.2.2.

Lot planning.

General. The size, shape, and orientation of lots shall be appropriate to the location of the proposed subdivision and to the type of development contemplated. The following lot design standards shall apply to all subdivisions:

All lots created through the subdivision process shall be developable and conform to the minimum zoning, development, and floodplain standards provided in this UDC. No subdivision shall create lots that prohibit development due to configuration of the lots, steepness of terrain, location of watercourses or floodplain, natural physical conditions, or other existing conditions.

The minimum area and dimensions of all lots shall conform to the requirements of Article III: Zoning Districts, and Article V: Development Standards, relating to the zoning district in which the lot is located, excluding lots established by a Homeowners Association that do not require conformance with the requirements, subject to Director approval.

Side lot lines shall be at right angles or radial to street lines, except where other terrain makes such design impractical.

Double frontage lots may be allowed; however, driveways are only permitted on one frontage.

Flag lots and other irregularly shaped lots shall be avoided to the maximum extent practicable.

Corner lots may be required to be wider than interior lots to facilitate conformance with required setbacks.

The Town, county, school district, or other taxing agency boundary shall not divide a lot except in conformance with this UDC.

Drainage. Lots shall be designed and located to provide positive drainage away from all buildings and shall comply with the standards in § 6.3: Grading and Drainage.

Access.

Lots shall be designed in accordance with § 5.4: Access and Circulation.

Each lot shall be provided with adequate access to an existing or proposed public street.

Common area and facilities Such areas shall be noted on the plat and the association's covenants shall be filed with the county. Alternatively, other arrangements for permanent maintenance of these areas and facilities may be approved by the final decision-making body.

6.2.3.

Block layout.

Block length. Blocks shall not be less than 200 feet nor more than 600 feet in length. The Town may approve a longer block length when necessary to accommodate natural features such as steep slopes, environmentally sensitive lands, and pedestrian linkages.

Block arrangement. Blocks shall have sufficient width to provide for two tiers of lots of depth meeting the minimum requirements of this UDC, except where lots back onto a collector or greater classified street, natural feature, or subdivision boundary, or where lots face an approved cul-de-sac.

6.2.4.

Street design and construction.

General requirements. In general, all public and private streets shall conform to the following standards:

Streets shall be in line and consistent with existing streets in adjoining subdivisions.

Streets shall be named so as to provide continuity with existing streets.

Dead-end streets shall be avoided except where planned for future extension.

The subdivision shall be platted with appropriate regard for all topographical features lending themselves to treatment and layout of utilities.

Cul-de-sacs shall not exceed 600 feet in length, measured from the centerline of the street it intersects with to the center point of the cul-de-sac.

In platting the subdivision, the developer shall provide additional right-of-way required for existing or future streets as shown in the Master Transportation Plan or other plans approved by the City Council.

When land is subdivided or developed in areas adjacent to existing Town streets or County roads that are not improved to Town standards, the developer shall include the improvements of these streets in the overall development of the area. Should the City Council determine that it is not feasible to develop said street at the time of development of the area, the developer shall put their pro rata share for the improvements of said street in escrow until such time as improvement is deemed necessary by the City Council.

Master transportation plan.

General. Streets and alleys shall be platted and constructed in accordance with the Master Transportation Plan or other plans approved by the City Council and shall conform to the current engineering design standards of the Town.

M-1, M-2, M-3 and M-4 zoning districts. All streets and blocks shall conform to the following provisions:

Streets within the M-1 and M-4 zoning districts shall comply with the standards established in § 5.6.4.C.1.a: Streetscape Standards.

Streets within the M-2 zoning district shall comply with the standards established in Ordinance 006-024, Appendix II: Street Types, and made a part hereof by reference.

The types and pattern of all streets in the M-1, M-2, M-3 and M-4 zoning districts shall be in conformity with the Master Transportation Plan. The location of streets on the Master Transportation Plan is approximate. Precise location of streets shall be determined in conjunction with approval of the concept and development plans. Street patterns shall be based upon a small-scale grid system of interconnecting streets.

6.2.5.

Private street regulations.

General requirements.

A private street system shall comply with all design, construction, and other standards of the Town including, without limitation, this Article VI: Subdivision Standards, applicable to streets and alleys generally. Without limiting the foregoing, all references in this Article VI: Subdivision Standards, and other applicable regulations to "street," "public street," "right-of-way," "public right-of-way," or "alley" shall apply to a private street system.

A private street system shall provide access for emergency vehicles, public and private utility maintenance and service personnel, the U.S. Postal Service, and government employees in pursuit of their official duties.

The Town shall not pay for any portion of the cost of constructing, maintaining, repairing, or replacing a private street.

Each plat containing any private street shall contain the following wording on the face of the plat: "The streets have not been dedicated to the public, for public access, nor have been accepted by the Town of Addison, Texas as public improvements, and the streets shall be maintained by the property owners' or property owners' association within the subdivision, and the streets shall always be open to emergency vehicles, public and private utility maintenance and service personnel, the U.S. Postal Service, and governmental employees in the completion of their official duties."

Private streets leading into a private subdivision may not contain a gate or a controlled access mechanism at the entrance or exit of the private subdivision preventing free flow of traffic.

Private streets and alleys shall be located in a "public utility and storm sewer easement." The width of the easement shall be the same as the required right-of-way for a public street, unless specifically approved at a lesser width by the City Council upon a recommendation by the Director of Public Works and Engineering.

All building lines as required by zoning shall, in the case of private streets, be measured from the public utility and storm sewer easement.

Easements.

Private street developments shall include any pre-existing easements unaffected by the platting process.

A private street and alley shall include and be subject to all public utility (including, without limitation, water and sanitary sewer) and storm sewer easements in favor of and reserved unto the Town, the width of which shall be the same as the entire width of the street or alley right-of-way.

A private street or alley shall include and be subject to all additional public utility easements required by any utility company (including, without limitation, any electric, telephone, gas, or cable television companies or providers) or public agency, as well as any easements existing at the time of the creation of the private street or alley.

There shall also be reserved other easements, including but not limited to easements for fire lanes, street lighting, government vehicle access, mail collection and delivery access, and utility meter reading access, as may be necessary or convenient.

Easements shall also provide the Town with the right of access for any purpose related to the exercise of a governmental service or function, including, but not limited to, fire and police protection, inspection and code enforcement.

Easements shall permit the Town to remove any vehicle or obstacle within the street lot that impairs emergency access.

Private streets and alleys may be required to have fire lane markings as determined by the Fire Marshal.

Hold harmless agreement. In connection with the approval of a subdivision with private streets or alleys, the applicant shall provide, in form and content acceptable to the Town, an agreement to be recorded in the appropriate records of Dallas County, whereby the applicant or the property owners' association, as the case may be, as the owner of the private streets and alleys, agrees to release, defend, indemnify, and hold harmless the Town, its officials, officers, employees, and agents, and any other governmental entity and public utility, and their respective officials, officers, employees or agents, for any damage to the private street or alley occasioned by the use thereof by the Town, governmental entity, or public utility (or their respective officials, officers, employees, and agents), and for damages and injury (including death) arising from the condition of said private street or alley; and for damages and injury (including death) arising out of any use of the subdivision by the Town, government entity, or public utility (or their respective officials, officers, employees, and agents). Further, such language shall provide that all lot owners shall release and forever discharge the Town, governmental entities, and public utilities (and their respective officials, officers, employees, and agents) for such damages and injuries. The indemnifications contained in this section apply regardless of whether or not such damages and injury (including death) are caused by the negligent act or omission of the Town, governmental entity, or public utility, or their respective officials, officers, employees or agents.

Conversion of private streets to public streets.

Voluntary conversion. The Town may in its sole discretion, but is not obligated to, accept private streets and alleys for public ownership, access and maintenance. The procedure to convert private streets and alleys to public streets and alleys must conform to all of the following provisions and such other standards as the Town may determine:

The property owners' association must submit a petition signed by at least 75 percent of its members.

All of the infrastructure to be converted from private to public status must be in a condition that is acceptable to the Town, in the Town's sole discretion.

All monies in the reserve fund must be delivered and paid to the Town.

The subdivision plat covering the area which is the subject of the conversion must be submitted as a Replat, and upon approval shall be re-filed to dedicate the streets, alleys, utility, storm sewer easements, and other appurtenances to the Town or other appropriate entity, as determined by the Town.

The property owners' association documents must be modified and re-filed to remove requirements specific to private street subdivisions.

Mandatory conversion.

The Town will notify the property owners' association of violations of the private street regulations, including the standards and provisions set forth in this section. Failure to bring the subdivision into compliance with the regulations may cause the Town to revoke, amend, or modify the PD District zoning for the area covered by the private streets and alleys, including, without limitation, an amendment to remove the allowance for private streets and alleys under the PD District zoning.

If the PD District zoning is so amended, modified, or revoked, the Town may correct all remaining violations and unilaterally re-file the subdivision plat thereby dedicating the streets, alleys, and appurtenances to the public. All monies in the reserve fund will become the property of the Town and will be used to offset any costs associated with converting the private streets to public streets. In the event the balance is not sufficient to cover all expenses, the property owners' association and/or the property owners will be responsible for the amount of unpaid work, and the Town shall have the right, in addition to any other rights it has or may have to collect such amounts from the property owners' association and/or the property owners, to levy an assessment upon each lot on a pro rata basis for the cost of such work and to collect the same, and the Town shall further have any and all liens and lien rights granted to the property owners' association to enforce such assessments; and/or to avail itself of any other enforcement actions available to the Town pursuant to state or Town codes, ordinances, and regulations. Provisions to this effect shall be included in the property owners' association documents, all property deeds, and the Final Plat.

6.2.6.

Utilities.

All electric utility lateral and service lines shall be constructed underground in accordance with § 70-65 of the Code of Ordinances. In special or unique circumstances or to avoid undue hardship, the City Council may authorize Variances or exceptions from this requirement and permit the construction and maintenance of overhead electric utility lateral or service lines and may approve any plat with such approved Variances or exceptions.

No overhead electric utility lateral or service lines shall be constructed without a Variance or exception having been obtained for the subdivision plat or Site Plan.

All wires and lines providing other utility services, and electric lines serving street lights, shall be placed underground in all subdivisions and on all sites where the final subdivision plat or Site Plan approved by the Town requires electric utility lateral and service lines to be placed underground. Utility support equipment, such as transformers, amplifiers, or switching devices necessary for or used in connection with underground installations shall be deemed to be placed underground if actually constructed underground or if pad-mounted on the surface.

Nothing herein set forth shall prohibit or restrict any utility company from recovering the difference between the cost of overhead facilities and underground facilities. Each utility whose facilities are subject to the provisions of this section shall develop policies and cost reimbursement procedures with respect to the installation and extension of underground service.

6.2.7.

Alternatives to subdivision standards.

Alternatives generally. Alternatives to the standards in this article shall be subject to approval by the Director of Public Works and Engineering (and/or City Engineer) and Director prior to approval of the subdivision application pursuant to § 2.10.3: Minor Modification.

Identification and maintenance of protected lands.

Protected lands shall be identified on the final subdivision plat with a notation that indicates that those lands shall not be used for future development.

Protected lands shall be marked in the field with appropriate permanent signage markers in order to distinguish these areas from private property.

Protected lands shall be permanently maintained and preserved as:

Open space lots with deed restrictions; or

Land dedicated to the Town; or

Protected through a conservation easement; or

Other means of permanent protection approved by the Town.

For any protected land not dedicated to the Town, the developer shall provide a permanent mechanism acceptable to the City Attorney for the primary purpose of conservation, preservation, and management of protected lands.

Use of protected lands.

Protected lands shall be left in an undisturbed natural state or landscaped pursuant to § 5.6: Landscaping, Buffering, and Fences.

The protected lands shall be used for low-intensity recreation, buffers, or other passive park or open space purposes.

The use of protected lands may be further limited or controlled at the time of final approval where necessary to protect adjacent properties.

Sec. 6.3. - Grading and drainage.

All development is subject to the requirements in the Drainage Criteria Manual and any other applicable Public Works and Engineering Department standards.

Sec. 6.4. - Subdivision improvements.

6.4.1.

General standards.

The developer shall furnish all easements and rights-of-way necessary for construction of electrical, gas, telephone service to the subdivision and all other public infrastructure identified in the standards.

The developer shall be responsible for all damage to improvements caused during installation of utilities.

The developer shall provide street signs for the subdivision. There shall be one sign for each three-way intersection and two signs for each four-way intersection. The signs will be ordered by the Public Works and Engineering Department and the developer billed a fixed fee for each sign. Such price shall include cost of the sign assembly, pole, and installation.

All lots shall meet the following monumentation standards, as necessary:

At all angle points, points of curve, and points of tangency on the perimeter of the platted boundary, a minimum three inch metallic cap disc must be affixed to a minimum 12-inch metal pipe or rod and stamped with the addition name and the registered professional land surveyor number of the surveyor of record, or the name of the surveying company.

At all block corners, a minimum two-inch metallic cap must be affixed to a minimum 12-inch metal pipe or rod. The cap must be stamped with the block number and registered professional land surveyor number of the surveyor of record, or the name of the surveying company.

At all lot corners, points of curve, and points of tangency of curves, a minimum ½-inch diameter and 12-inch long metal pipe or rod is required with a cap stamped with the registered professional land surveyor number of the surveyor of record, or the name of the surveying company.

All monuments installed must contain a cap or disc imprinted with the addition name, if required, and the registration number of the surveyor or the name of the engineering or surveying firm that prepared the plat. In locations where such monuments cannot be installed, alternate types of monuments may be installed with the prior approval of the Director of Public Works and Engineering.

Any points of monumentation that cannot be set at the designated place must be referenced with sufficient witness monumentation.

If the monument is placed on the boundary of property being platted in which no areas are to be dedicated to the public, the following standards apply:

Monuments must be installed on the boundary of such property being platted at all corners, angle points, and points of curvature and tangency.

The size, shape, and substance of monuments found or installed on the perimeter of the platted boundary must be described on the drawing and in the owner's certificate of the submitted plat.

If the monument is placement on and within the boundary of property being platted in which areas are to be dedicated to the public, the following standards apply:

Monuments must be installed on the boundary of such property being platted at all corners, angle points, and points of curvature and tangency, except those points falling within areas to be dedicated. In areas to be dedicated, all points on new right-of-way lines must be monumented. Monuments must be installed within the boundary of such property being platted at the following points:

All corners of parks, squares, or other portions intended for public use.

ii.

All block corners.

iii.

On the right-of-way lines of all alleys and public and private streets at all points of intersections, angle points, and points of curvature and tangency.

Monuments must be installed on each lot line and boundary line where these lines are intersected by or tangent with a floodway management area, floodway easement, conservation easement area, or the escarpment zone.

Monuments for floodway management areas, floodway easements, and detention areas must be installed at all angle points and points of curvature or tangency.

10.

Floodway management areas, detention areas, escarpment zones, and conservation easement areas must be monumented with a minimum 1/2-inch iron rod with a cap stamped with the registered professional land surveyor number of the surveyor of record, or the name of the surveying company.

Where subdivisions are platted so that the rear yards of single-family residential lots are adjacent to a dedicated roadway or separated from a roadway by an alley or service road, the developer shall provide, as their sole expense, a six-foot reinforced concrete or masonry wall to be located on private property at the public right-of-way line for the purpose of screening the rear yards from the street. The wall shall be maintained by an HOA and/or individual property owners as specified in the subdivision agreement and shall enter into a wall maintenance easement for access by the responsible party. The City Council may waive or modify, in exceptional cases, this requirement. Plans and specifications for the wall shall be approved by the Public Works and Engineering Department. The wall shall conform to the requirements governing the sight distance for traffic safety and other Town ordinances.

Where landscaping in public rights-of-way or other public property is required or planned, such work shall first be approved by the Public Works and Engineering Department. Such approval is intended to assure that plant materials used in the work will not create maintenance problems or require excessive amounts of Town labor during future maintenance. The work shall also conform to the Town ordinance governing sight distance for traffic safety.

Before any street is opened to traffic in the Town, all necessary pavement markings necessary to comply with the most recent edition of the Texas Manual on Uniform Traffic Control Devices for Streets and Highways shall be completed. All work must first have the approval of the Public Works and Engineering Department.

Maintenance of any and all easements shall be the responsibility of owners of the properties traversed by or adjacent to such easements. The Town shall have the right, but not the obligation, to enter upon such properties to abate any nuisances thereon in accordance with Chapter 34, Article IV of the Code of Ordinances with costs attendant to such abatement charged to such property owners, which costs shall become a lien against said property in favor of the Town pursuant to such article.

6.4.2.

Storm sewers. An adequate storm sewer system, consisting of inlets, pipes, and other underground drainage structures, shall be constructed to conform with current drainage requirements and current engineering design standards of the Town. The following policy shall govern the installation of all drainage facilities within the Town:

Residential subdivisions or developments.

The developer shall pay the total cost of storm drainage systems where pipe 72 inches in diameter or less is installed.

In cases where the storm drain is larger than 72 inches in diameter, but not larger than 84 inches, 25 percent of the cost of providing the additional pipe larger than 72 inches but smaller than 84 inches will be borne by the Town and shall be reimbursed to the developer when the Town funds become available. The developer shall pay for the remaining 75 percent and the cost of constructing the pipe to 72 inches in diameter. The developer shall also bear the cost of all channel excavation, inlets, laterals, headwalls, manholes, junction structures, and all other items required to complete the system.

In those cases where the runoff cannot be handled by a pipe 84 inches in diameter or smaller, the developer shall dedicate at their own expense a right-of-way of sufficient width to permit excavation and maintenance of an open channel of satisfactory depth and width. The developer shall complete all necessary excavation on the channel and shall sod or seed the channel to prevent erosion. If deemed necessary by the Public Works and Engineering Department, the channel shall be lined with reinforced concrete to prevent erosion. The Town will pay for 25 percent of the cost of such lining and shall reimburse the developer for such costs when Town funds become available.

In street crossings (bridges or culverts) with an opening larger than that of a double 72-inch pipe culvert, the Town will participate to the extent of 25 percent of the cost of the structure as approved by the Director of Public Works and Engineering, and shall reimburse the developer for such costs when Town funds become available.

Creeks may remain in open natural condition or excavated channels may be constructed provided they meet the criteria and standards set by the Town.

When a creek or excavated channel is allowed to remain open, or in its natural condition, it shall be dedicated to the Town through the use of the drainage and floodway easement form. The Planning and Zoning Commission may recommend waiving this dedication requirement only for the following exceptions:

Replats which were originally platted prior to the dedication requirement; or

Subdivisions of five lots or less.

The developer must provide sufficient access on each side of creeks and drainage ways for maintenance purposes. The location and size of the accessways shall be determined by the City Engineer and the Director of Public Works and Engineering. The maximum width of the accessway shall be 15 feet. Permanent physical markers, the type and locations of which to be determined by the City Engineer, shall be placed along the boundaries of the accessway and private property.

Commercial and industrial developments.

The developer shall pay the total construction cost of storm drainage systems where a double 72-inch diameter pipe or smaller pipe will carry the runoff.

In those cases where the runoff cannot be handled by a double 72-inch pipe or smaller, the developer shall dedicate, at their own expense, a right-of-way of sufficient width to permit excavation and maintenance of an open channel of satisfactory depth and width. The developer shall excavate the channel at their own expense and line the channel with reinforced concrete. The Town shall participate to the extent of ten percent of the cost of such lining when Town funds become available.

In street crossings (bridges or culverts) with an opening larger than that of a double 72-inch pipe culvert, the Town will participate to the extent of ten percent of the total construction cost of the structure as approved by the Director of Public Works and Engineering and shall reimburse the developer for such costs when Town funds become available.

A creek may remain open in its natural condition, provided that the requirements of §§ 6.4.2.A.5, 6, and 7 shall apply.

6.4.3.

Sanitary sewers.

Sanitary sewer facilities shall be provided to adequately service the subdivision and conform to the Wastewater Master Plan and current engineering design standards.

Sewer main pipes shall have a minimum internal diameter of eight inches. Construction and materials shall conform to the standard specifications of the Town.

Sewer services for each lot shall be carried to the property line.

Should the subdivision or addition abut and use a sewer main of the Town, the developer shall pay to the Town a "pro rata" charge as prescribed by the pro rata ordinance of the Town for the use of the same.

The developer shall construct all manholes, cleanouts, and other appurtenances as required on the plans.

Should a lift station, either temporary or permanent, be necessary to provide a sanitary sewer service to the subdivision, the developer shall construct a private lift station and all appurtenances, at their own expense. If and when the lift station is no longer needed, the developer or other responsible party shall retire adequately dispose of the station.

6.4.4.

Water.

Water systems shall have a sufficient number of outlets and shall be of sufficient size to furnish adequate domestic water supply, to furnish fire protection to all lots, and to conform to the Water Master Plan, Water System Design Standards and all other applicable current engineering design standards.

Should the subdivision or addition abut and use a water main of the Town, the developer shall pay to the Town a "pro rata" charge as prescribed by the pro rata ordinance of the Town for use of the same.

6.4.5.

Street lighting. Street lighting shall be provided in accordance with the following:

The developer shall pay for the number of streetlights required in the subdivision as determined by the Director of Public Works and Engineering. After acceptance of the subdivision, service charges for electricity will be paid by the Town.

Each street shall have streetlamps uniformly spaced between trees, located 2½ feet from back of curb.

On boulevards, large streets, and side streets, locate streetlamps at every corner and at intervals no greater than 250 feet.

Unless otherwise approved by the Town, mounting height of streetlamps shall be between ten feet and 12 feet.

Unless otherwise approved by the Town, lamps shall be metal halide type.

6.4.6.

Sidewalks.

Any owner or person in control of real estate fronting upon a public street which is improved with street paving and curbs and gutters shall not be issued a Building Permit for any construction when sidewalks have not been installed unless such owner, either as a part of the construction covered by the Building Permit or other separate arrangements satisfactory to the Director of Public Works and Engineering, constructs public sidewalks in accordance with the Master Transportation Plan, City-wide Trails Master Plan, and current engineering and design standards.

Sidewalk construction may be delayed until development of the residential lot, except across bridges or culverts. In these cases, the sidewalks shall be constructed with the other improvements to the subdivision.

The City Council may upon application of a property owner, affected by the provisions herein, waive the requirements for installation of sidewalks because of unusual circumstances or hardship.

6.4.7.

Dedication of land for parks, trails, and recreational areas and assessment of park development fees.

Generally.

Purpose.

It is hereby declared by the City Council that public parks, recreational facilities, trails, and open spaces are valuable assets that advance the public's health, safety, and welfare, and improve the overall quality of life of the community's residents. New residential development in the Town creates the need for additional parks, trails, and recreation resources because of the increased population. Requiring that new residential development dedicate parkland and pay park development fees in proportion to its impacts on the Town's parks and recreation resources is recognized as a fair, reasonable, and uniform method of financing these assets that does not impose an unfair burden on new or existing development.

The parkland dedication and park development fee requirements established in this section aim to maintain the current level of service in the Town and generally flow from the assessment of needs reported in the Comprehensive Plan, Parks, Recreation, Open Space Master Plan, City-wide Trails Master Plan, and Master Transportation Plan. Accordingly, this section requires the dedication of parkland and payment of park development fees to:

Meet the goals and objectives set forth in the Parks, Recreation, and Open Space Master Plan and the City-wide Trails Master Plan.

ii.

Deliver new and/or updated parks, recreation facilities, trails, and open space resources to meet the increased demand generated by new development on the parks system.

iii.

Establish proportionate costs that are associated with providing new or updated parks and facilities, so the increased costs are borne by those who are responsible for creating the additional demand.

iv.

Create and maintain a variety of recreational opportunities for residents within reasonable proximity to their homes.

Provide credit for applicable private and semi-public parkland and park-like amenities that offset the increased demand on the parks system generated by new development.

Authority; administration.

The regulations contained in this section have been adopted under the following authority:

TLGCChapter 212, Municipal Regulation of Subdivisions and Property Development, which authorizes a municipality to adopt rules governing plats and subdivisions of land within the municipality's jurisdiction.

ii.

TLGC Chapter 51, General Powers of Municipalities, which authorizes a municipality to adopt ordinances, rules, or police regulations that are for the good government, peace, or the trade and commerce of the municipality.

iii.

The Home Rule Charter of the Town, which authorizes the City Council to exercise all powers granted to municipalities by the constitution or the laws of the State of Texas.

Unless otherwise specified, the provisions of this section shall be administered by the City Manager with the City Council having final approval authority. Various Town departments along with the Planning and Zoning Commission will review and make recommendations based on the standards and criteria contained within this section are deemed to be minimum standards.

Definitions. The following words, terms and phrases when used in this section, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

"Department" means the Parks and Recreation Department for the Town.

"Director" has the meaning ascribed in § 58-1 of the Code of Ordinances.

"Developer" means any person, firm, partnership, joint venture, association, or corporation participating as owner, promoter, developer, or sales agent in the planning, platting, development, promotion, sale, or lease of real property that is developed or redeveloped subject to the provisions of this section.

"Park property" has the meaning ascribed in § 58-1 of the Code of Ordinances.

Applicability; effective date.

The parkland dedication and fee-in-lieu of dedication provisions of this section apply to the following activities upon any land within the corporate limits of the Town:

All new residential development; and

ii.

All residential re-development involving the remodeling, rehabilitation, or construction of other improvements to an existing residential structure, including repair of a damaged residential structure, if such activity results in an increase in the number of dwelling units within the structure.

The park development fee provisions of this section apply to all development or re-development of any residential, retail, office, industrial, or hotel property within the corporate limits of the Town, excluding those dwelling units that are accessory to an existing principal single-family detached dwelling.

If the actual number of completed dwelling units exceeds the figure upon which the original dedication was based, additional dedication shall be required, and may be made by payment of a fee-in-lieu of land in the discretion of the Town.

No Building Permit shall be issued or permanent utility service established until the requirements of this section have been met.

The provisions of this section shall take effect on December 1, 2024.

Exemptions; waivers; appeal.

The following shall be exempt from the requirements of this section:

Nonresidential development is exempt from the parkland dedication or paying a fee-in-lieu of land, but shall be subject to the park development fee.

ii.

Remodeling, rehabilitation, or other improvements to an existing structure, or the rebuilding of a damaged structure that does not increase the number of dwelling units or commercial square footage, as applicable.

iii.

A re-plat that does not increase the number of dwelling units or commercial square footage, as applicable.

iv.

Any development plan, permit, or approval commenced or issued prior to the effective date of this section, or amendment hereto, that is subject to vesting under TLGC Chapter 245 shall not be affected by this section, provided, that any increase in the number of dwelling units or commercial square footage for the development after said effective date may require dedication under this section.

Development which was in the Planning and Zoning review process prior to the effective date of this section, provided, that any increase in the number of dwelling units or commercial square footage for the development after said effective date may require dedication under this section.

The City Council may waive a requirement imposed on development by this section upon application by a developer and a finding by the City Council that the requested waiver is in the best interest of the Town.

A developer may appeal a final determination by the Director related to the application of this section to a development by submitting the appeal in writing to the Director within 30 days following the final determination. The appeal shall identify the final determination being appealed, the basis for the appeal, and a description of the requested relief. The filing of an appeal shall not stay the enforcement of any other provisions in this section.

Parkland fees; review.

The method for determining the value of parkland dedication and the other fees adopted in this section shall be as provided in § 6.4.7.G: Parkland Dedication and Fee Calculations.

The City Council shall review the valuations for parkland dedication and the other fees adopted in this section at least once every five years. Notwithstanding, the City Council's failure to timely review said valuations shall not affect the validity of the current valuations set forth in § 6.4.7.G: Parkland Dedication and Fee Calculations or stay the enforcement of any other provision of this section, which shall remain in full force and effect.

If the City Council fails to timely review the valuations set forth in § 6.4.7.G: Parkland Dedication and Fee Calculations in conformance with § 6.4.7.A.6.b above, any person can submit a written request to the City Manager for the City Council to perform the review. If the City Manager finds that the City Council has not timely completed such review, the request will be presented to the City Council and cause such review to commence within 60 days after the date of the request and continue until completion.

The Director will review the fees in § 6.4.7.G: Parkland Dedication and Fee Calculations on or before October 1 st each year as part of the Town's annual budgeting process and may recommend an annual adjustment of any fee(s) therein based upon changes in the U.S. Department of Labor Statistics Dallas-Fort Worth-Arlington Consumer Price Index for All Urban Consumers.

Penalty; enforcement.

Any person that violates any of the provisions of this section shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in a sum not to exceed $500.00 and a separate offense shall be deemed committed upon each day during or on which a violation occurs or continues.

The penalty provided in this section is in addition to and cumulative of any other remedies as may be available at law and equity, including the assessment of civil penalties and Town's right to seek injunctive relief to enforce the provisions of this section.

Parkland dedication standards and procedures.

Parkland dedication and park development fee standards in general.

As a condition of subdivision development, a developer of property for residential uses shall dedicate land for parks, pay a fee-in-lieu of dedication, or a combination of both in accordance with provisions of this section as a condition of the Building Permit for the proposed development. The Town may, in its sole discretion, agree to allow an alternative to the foregoing, provided that the alternative satisfies the intent and purpose of this section.

In addition to the parkland dedication requirement, a developer of residential or commercial property shall pay a park development fee. Subject to the approval of the Town, a developer may elect to construct required park improvements as identified by the Director on Town-owned parkland in lieu of paying the associated park development fee as outlined in this section.

Requirements herein are based on actual residential dwelling units, actual commercial square footage, or a combination thereof for an entire development. Increases or decreases in the final measurement count may require an adjustment in fees paid or land dedicated.

Parkland dedication requirements (and/or payment of fees in lieu of parkland dedication) and payment of Park Development Fees shall be satisfied at the time of plat recordation for single-family and duplex residential units, and prior to the issuance of any Building Permit.

For a phased development the entire parkland shall be platted concurrently with the plat of the first phase of the development.

The required land dedications and schedules of fees are included as § 6.4.7.G: Parkland Dedication and Fee Calculations and incorporated and made a part of this section for all purposes City Council has adopted a discount schedule to reduce certain park development fees listed in § 6.4.7.G: Parkland Dedication and Fee Calculations.

Parkland dedication procedures. During the pre-development meeting process, the Director shall make an initial determination whether parkland shall be conveyed or a fee-in-lieu of parkland dedication shall be paid to the Town under this section. Additional meetings between the developer and the Addison Parks and Recreation Department (referred to in this section as the "Department") may be needed in order to evaluate the suitability of potential land for parkland dedication. Additionally, the Department may request a site visit to the subject property as a part of its determination. The following information, regarding the land dedication and site development, may be required as a part of the process, prior to the Town accepting land as a public parks dedication.

A narrative outlining the intended use, number of residential units proposed, and description of housing and commercial type(s) within the subject property;

Lot dimensions or metes and bounds acreage of parkland to be dedicated;

Total acreage of floodplain, as well as the land located outside of the floodplain;

A tree survey;

A slope analysis; and

An environmental survey identifying critical environmental features, such as but not limited to, protected species, habitat, and water features.

Parkland acceptance criteria.

General parkland dedication requirements. Any parkland dedicated to the Town pursuant to the terms, conditions, and requirements under this section must be suitable for park uses.

Must be approved by the City Council based on recommendations of the Director.

ii.

Must be conveyed at the time of Building Permit issuance.

iii.

Must be by lot and block and shown on a recorded plat of record.

iv.

For a phased development, the parkland dedication area shall not be accepted by the Town until such time that all necessary roadway, utility, and other public improvements are constructed to provide accessibility to the proposed parkland and have been accepted by the Town, unless otherwise approved by the Director.

Guidelines.

The Town shall be dedicated fee simple title in the land, free and clear of any and all liens and encumbrances that may interfere with the use of the land for park purposes. The Town's representatives must be permitted to make onsite inspections of the proposed parkland for the purposes of determining site suitability and identifying any visual hazards or impediments to park development and use.

ii.

If the property owner or developer has any form of environmental assessment on the tract, a copy of that assessment shall be provided. The Town may initiate and/or require the developer to initiate specific environmental studies or assessments if the Town's visual inspection of the proposed parkland gives rise to the belief that an environmental problem may exist on the site. The Director may also require the employment of consultants necessary to evaluate any environmental issues relating to the site. If an environmental hazard is identified, the developer must remove or remediate the hazard prior to Town's acceptance of the proposed parkland dedication. The Town will not accept parkland dedication sites previously or currently encumbered by hazardous and/or waste materials or dump sites.

iii.

The developer is responsible for providing, at no cost to the Town, convenient access by improved streets, sidewalks, and adequate drainage improvements so the proposed parkland is suitable for the purpose intended. The developer is responsible for providing water, sewer, and electrical utilities to the proposed parkland in accordance with the procedures applicable to other public improvements, including:

A metered water supply located 12 feet behind the curb or as otherwise determined by the Director; and

If applicable, an appropriately sized sewer stub located ten feet behind the curb or as otherwise determined by the Director.

iv.

An ALTA land title survey and associated AutoCad File, certified to the Town and the title company must be provided 90 days prior to acceptance, unless otherwise determined by the Director.

If soils have been disturbed, they shall be restored to their pre-disturbance condition, have positive drainage, and the soil stabilized by vegetative cover by the developer prior to the dedication of the proposed parkland to the Town. All trash, debris, dead trees, and unusable material must be removed. The site must be sprayed with an approved herbicide to eliminate dangerous and undesirable plant materials, such as briars, poison ivy, and nettles. The selected herbicide shall be approved by the Director prior to spraying.

vi.

Parks should be easy to access and open to public view to benefit area development, enhance the visual character of the Town, protect public safety, and minimize conflict with adjacent land uses.

vii.

Sidewalks conforming to the Town's sidewalk design standards shall be constructed adjacent to or on parkland to provide contiguous walkways on all sides of the adjoining development unless this requirement is waived by the Town.

viii.

A current title insurance policy acceptable to the Town in an amount equal to the fair market value of the proposed parkland dedication must be provided.

ix.

Each corner of the parkland shall be marked with a permanent marker consisting of three-fourths iron pins set in concrete unless otherwise determined by the Director.

The property owner shall pay all taxes or assessments owed on the property up to the date of acceptance of the parkland dedication by the Town. A tax certificate from the County Tax Assessor shall be submitted with the parkland dedication.

Land requirements.

Land that is unsuitable for development is typically unsuitable for neighborhood/community parks.

ii.

The Town recognizes that maintaining many small parks is difficult and costly. Accordingly, parkland shall generally be:

No less than one acre of contiguous land;

A land area that is consistent with the Parks, Recreation, and Open Space Master Plan objectives;

Land identified as a trail connection to expand the existing trail network or as an identified need;

Land that can be connected to a larger tract of existing open space; or

Land that provides park space to an area that is lacking within ½ mile of the site.

The total parkland required shall be as provided in § 6.4.7.G: Parkland Dedication and Fee Calculations.

iii.

Parkland dedication sites should be located to serve the greatest number of users and should be located to minimize the number of users crossing arterial roadways and shall be uninterrupted by roads or free from physical barriers that would prohibit walkable access to the park.

iv.

Where feasible, parkland dedication sites should be located adjacent to schools to encourage shared facilities and joint development of new sites; access ways may be required to facilitate access to the parkland.

Parks should have well-drained and suitable soils and level topography. Parkland dedication sites should not be severely sloping or have unusual topography that would render the land unusable for recreational activities.

vi.

Dedicated parkland shall not exceed a 20 percent grade on more than 50 percent of the land.

vii.

Where feasible dedicated parkland shall provide connectivity to or enhance existing looped trails, hike, and bike trails.

viii.

At least 25 percent, or proportionate to the size of the parkland, of the perimeter of the parkland should abut a public street.

ix.

Dedicated parkland shall include at least visible, attractive, and suitable means of ingress and egress proportionate to the size and amenities in the park.

No more than two sides of a park may be adjacent to the rear lot lines of homes.

xi.

The parkland dedication site should not be encumbered by overhead utility lines, above-ground improvements, or easements that might create a dangerous condition or limit the opportunity for park development and use.

xii.

Parkland with existing trees or other scenic elements is preferred and may be reviewed by the Director to make recommendations.

xiii.

Rare, unique, endangered, historic, or other significant natural areas will be given a high priority for consideration of a parkland dedication site pursuant to this section. Areas that provide an opportunity for linkages between parks or that preserve the natural character of the surrounding environment may be required by the Town to be included in the parkland dedication.

xiv.

Consideration will be given to a potential parkland dedication site that is in the floodplain or an area that may be considered "floodable" even though not in a federally regulated floodplain if the proposed parkland site is suitable for park improvements. At the discretion of the Town, land in floodplains may be considered as part of a parkland dedication requirement on a three-to-one (3:1) basis. That is, three acres of floodplain will be deemed equal to one acre of parkland, but not more than 50 percent of any parkland dedication shall be allowed in a floodplain.

xv.

Detention/retention areas may not be used to meet parkland dedication requirements but may be accepted by the Town in addition to the required parkland dedication. If accepted as part of a park, the detention/retention area design must meet the Town's design specifications in the Drainage Criteria Manual.

Payment of fees in lieu of parkland dedication.

The Town may require that a fee be paid in lieu of dedication to satisfy some or all of the dedication requirements set forth in this section. All fees required to be paid under this section shall be based on the average cost of land in the Town and calculated in conformance with the applicable fee schedules provided in § 6.4.7.G: Parkland Dedication and Fee Calculations.

The payment of fees in lieu of dedication under this section shall comply with the following:

The fees must be approved by the City Council upon recommendation of the Director.

The fees shall be used for the purpose of acquisition, development, or improvement of park property.

All fees shall be paid prior to issuance of any Building Permit, unless otherwise determined by the Director.

The fees shall be deposited in separate Town fund for parkland dedication.

Park development fee.

Fee required. Park development fees are required for all development to ensure that adequate park facilities conforming to the Town's parks and recreation standards, including neighborhood and community parks, and passive park conservation areas, are available to meet the needs created by such development. Accordingly, park development fees shall be used for the acquisition, development, and improvement of park facilities. Park development fees are required in addition to the parkland dedication requirements established by this section and shall be paid simultaneously with the dedication.

Administration of the fee. The Director shall be responsible for the administration and approval of the park development fee; which shall be calculated based upon the fee schedule in § 6.4.7.G: Parkland Dedication and Fee Calculations.

Alternative park improvements. The developer may request to provide park improvements in conformance with § 6.4.7.E: Application of Credits to Park Development Fees as an alternative to payment of all, or a portion of, the park development fee.

Right to refund. The Town shall account for all fees paid in lieu of parkland dedication and all park development fees paid under this section. Any fees paid for such purposes should be encumbered or expended by the Town within 15 years from the date received by the Town for the acquisition, development, or improvement of park property in conformance with this section. Such funds shall be considered to be spent on a first-in, first-out basis. If not so expended, the current owner(s) of the property on the date of expiration of such period shall, upon timely written request, be entitled to a prorated share of the remaining unencumbered funds without interest. For residential developments, the prorated share shall be computed based on the number of dwelling units in the residential development for which such unencumbered and unexpended fees were paid. Any person entitled to a refund under this section shall submit a written request for refund within one year from the initial date of entitlement. Failure to timely submit the required application for refund shall constitute an absolute waiver of all rights, title, and/or interest the person may have to any portion of the funds eligible for reimbursement. Upon expiration of the reimbursement period, all remaining funds shall be retained by the Town and used for any lawful purpose.

Application of credits to park development fees.

Park improvements as an alternative to fees. Upon recommendation of the Director and subject to the City Council's approval, a developer may enter into a development agreement with the Town to construct required park improvements as an alternative to payment of the park development fees assessed by this section.

Requirements for public park improvements.

Park improvements provided by a developer shall be constructed on land dedicated for use by the public for park purposes and shall generally conform to the requirements set forth in this section.

Park improvements shall be designed and constructed in accordance with all applicable federal, state, and local laws, regulations, and guidelines, including, but not limited to the following:

International Play Equipment Manufacturer's Association (IPEMA);

ii.

Consumer Product Safety Commission (CPSC) Handbook for Public Safety;

iii.

American Society for Testing and Materials (ASTM and ASTM F08);

iv.

Accessibility Standards for Play Areas through the ADA Accessibility Guidelines (ADAAG);

Illuminating Engineering Society of North American (IESNA RP- 6-01);

vi.

Sports Turf Management Association (STMA);

vii.

North Central Texas Council or Governments (NCTCOG) Construction Standards; and

viii.

The Town's design standards.

A park site plan, developed in cooperation with Department staff, shall be submitted by the developer and approved by the Director prior to submission of Final Plat or upon application for a site Building Permit, whichever is applicable.

Detailed plans and specifications for proposed park improvements hereunder shall be due and processed in accordance with the procedures and requirements pertaining to public improvements for Final Plats and for Building Permit issuance, whichever is applicable. Plans and proposed improvements must be reviewed and approved by the Town's Development Review Committee (DRC).

All plans and specifications for the proposed park improvements shall meet or exceed the Town's standards in effect at the time of the submission.

If the park improvements are constructed on land that is being dedicated to, has already been dedicated to, and/or is owned by the Town, then the developer shall provide at no cost to the Town payment and performance bonds in the form approved by the Town that identify the Town as a Beneficiary in an amount equal to the greater of the park development fees due or the cost of the park improvements pursuant to Texas Government Code 2253.001, et seq. to guarantee the developer completes the work in accordance with the approved plans, specifications, ordinances, or other applicable laws. The park improvements shall be completed, and final accepted by the Town prior to Final Plat recordation.

Park improvements may be constructed on parkland dedicated to the Town that satisfies the requirements of this section or, with the approval of the Director, improvements may be made in an existing or proposed park that is located in the Town.

The developer shall also provide to Town, at no cost to Town, a two-year maintenance bond that is equal in amount to 20 percent of the construction cost of said park improvements. The developer shall also provide to the Town a manufacturer's letter certifying that any play structure, equipment, facilities, and safety surfaces were installed in accordance with the manufacturer's installation requirements.

For a public park, the developer shall provide a copy of the application and subsequent inspection report prepared by the State Department of Licensing and Regulation of their contracted reviewer for compliance with the Architectural Barriers Act, codified as Vernon's Ann. Civ. St. art 9102.

Upon issuance of a Certificate of Completion and Acceptance, all manufacturers' warranties shall be provided for any equipment installed in the park as part of these improvements.

The developer shall warranty all park improvements for a period of two years from the date of the Town's acceptance of the same. The warranty shall be in the form of a maintenance bond covering 100 percent of the total cost of the improvements, provided, that the Director may accept an alternative form of warranty in the Director's sole discretion.

For a public park, the developer shall be liable for any costs required to complete park development if:

Developer fails to complete the improvements in accordance with the approved plans; or

ii.

Developer fails to complete any warranty work.

All public park improvements shall be inspected by the Department while construction is in progress and when complete to verify park requirements have been satisfied.

Once the public park improvements are constructed, and after the Director of Parks and Recreation has accepted such improvements, the developer shall convey such improvements to the Town free and clear of any lien or other encumbrances.

The developer shall be liable for costs required to complete the public park improvements if:

Developer fails to complete the park improvements in accordance with the approved plans; or

ii.

Developer fails to complete any warranty work.

The park improvements will be considered complete with a Letter of Completion and Acceptance from the Town and will be issued after the following requirements are met:

Park improvements have been constructed in accordance with the approved plans; and

ii.

Park improvements have been inspected and reviewed by Park and Recreation Department staff and determined to satisfy the terms, conditions, and requirements under this section; and

iii.

Developer has provided the Town with a bills paid affidavit and such additional documentation as the Town may require to confirm that all of developer's contractors and materialmen have been fully paid; and

iv.

Developer has provided the Town with all warranties and the required maintenance bond.

Credits for public park improvements. The developer shall receive a credit to the required park development fee equal to the amount paid by the developer for the public park improvements accepted by the Town. The credit shall be applied solely for costs directly attributable to the acquisition, construction, and installation of the improvements and generally excludes soft costs, such as developer's overhead and profit, and the costs associated with the developer's architects, consultants, engineers, other consultants or advisors, and all other costs that would customarily be considered "soft costs" by industry standards. The developer shall provide the Town with all invoices, payment records, and any other supporting documentation reasonably necessary for the Town to verify the amount paid by the developer for the improvements.

Credits for private parks and open space.

A credit of up to 50 percent of the total parkland dedication fees assessed by this section may be provided in consideration for the construction of private park facilities in conformance with this section. The remaining parkland dedication fees will be deposited in the Town's parkland dedication fund to defray the financial burden private subdivisions impose on the Town's public park system.

Small passive spaces that are privately owned but provide public access may be considered for the 50 percent open space credit at the discretion of the Town.

Yards, court areas, setbacks, and other open areas required under the Town's zoning, subdivision, and other development regulations shall not be eligible for a credit if said areas are privately owned and maintained by the residents or, in the case of an apartment complex, the property manager.

Private park requirements.

Private ownership and maintenance of the private park and open space shall be adequately provided for by recorded agreement, covenants, or restrictions.

Use of the private park is restricted for park and recreation purposes by a recorded covenant, which runs with the land in favor of future owners of the property and which cannot be defeated or eliminated without the written consent of the City Council or its successors.

Private parks and park improvements shall be owned by the property developer, owner, or an incorporated nonprofit homeowners association comprised of all property owners in the association, which is an organization, operated under recorded land agreements through which each lot owner in the subdivision is automatically a member, and each lot is subject to a charge for a proportionate share of maintaining the facilities.

The governing documents for private parks subject to the provisions of this section shall contain a covenant providing that if any owner fails to maintain the private park facilities in a safe and clean condition in accordance with the standards of the Town, then the Department may access the private park facilities for the purpose of maintaining or repairing the same in conformance with the standards of the Town. Further, the Town shall be entitled to assess and charge the costs of such maintenance and repairs to the person(s) having the primary responsibility for the maintenance of the same.

Private park facilities must be similar or comparable to the facilities that would be required to meet public park standards and recreational needs as required per the Town's development regulations and Parks, Recreation, and Open Space Master Plan and other federal, state, and local laws. The following design features are ineligible for private park credit:

Leasing offices;

ii.

Yards;

iii.

Common open space;

iv.

Entry features

Areas devoted to decorative landscaping;

vi.

Medians;

vii.

Utility easements;

viii.

Setback areas;

ix.

Areas following perimeter walls;

Land used for mining or oil and gas wells; and

xi.

Private personal areas.

Eligible private park improvements include various active and passive outdoor amenities, such as those amenities typically found in public parks.

For a multi-phased development, the private park design shall be reviewed and approved by the Director of Parks and Recreation before the platting of the first unit.

The cost of construction for private parks shall be equal to or greater than the park development fee per dwelling unit set forth in § 6.4.7.G: Parkland Dedication and Fee Calculations.

Before a reimbursement is approved, the Town shall make written findings that certain conditions are met, pursuant to this section, including the following, but not limited to:

Developer is required to submit all invoices and checks paid or other proof of payment toward the construction of the private park.

ii.

Developer shall allow the Department staff to conduct a site visit to verify private park improvements.

iii.

Developer shall provide an affidavit stating the cost of private park improvements meets or exceeds the required full park development fee per dwelling unit from § 6.4.7.G: Parkland Dedication and Fee Calculations.

All private parks shall be constructed no later than prior to the application of the final unit.

To receive the credit for private parks, the developer shall submit sufficient documentation to establish that the requirements of this section have been satisfactorily met on or before the date the Final Plat is approved by the Town. The Director shall evaluate and approve the documentation submitted prior to any credit being given.

Reimbursement for town-acquired parkland. The Town may from time to time acquire land for parks and develop and improve park facilities on such land in advance of actual or potential development. If the Town acquires parkland and/or develops and improves park facilities thereon in advance of development, the Town may require subsequent parkland dedications to be made in the form of paying a fee in lieu of parkland dedication only.

Map of Town of Addison from the parks, recreation and open space master plan. Town parkland areas are identified in the Existing Parks and Greenbelts map in the Parks, Recreation, and Open Space Master Plan.

Parkland dedication and fee calculations.

Starting values (per U.S. Census and ESRI data from 2019 Parks and Recreation Department Open Space Master Plan Master Plan):

Population: 16,661.

Number of dwelling units: 10,591.

Average persons per dwelling unit: 1.57.

Current level of service (LOS).

Number of parks: 17.

Total park acreage: 113.4.

Developed parks: 67.5 acres.

ii.

Greenbelts, linear parks, trail corridors, etc.: 45.9 acres.

Cost of land per acre: $536,000.00.

Cost of park development per acre: $400,000.00 per acre for developed parks and (based on recent construction costs).

Calculating the value of land dedication.

The number of dwelling units per acre of parks is calculated by dividing the population by the total park acreage (LOS) to determine the number of persons per acre: 16,661 ÷ 113.4 = 146.92 (rounded to 147).

Then, divide the number of persons per acre by the average persons per dwelling unit: 147 ÷ 1.57 = 93.4 (rounded to 100).

The result is a land dedication requirement of one acre per 100 dwelling units to meet the current level of service.

Calculating the fee-in-lieu of dedication. The cost of land per acre is $536,000.00. The fee is the cost for an acre of land divided by the number of dwelling units, 100, per acre based on current level of service: $5,360.00.

Residential fee calculations.

The park development fee per dwelling unit is calculated using a discounted approach to account for the difference in cost of a fully developed park versus a more passive park. The cost of park development per acre of a developed park is $400,000.00. This cost is divided by the dwelling units per acre of each park type: $400,000.00 ÷ 157 = $2,549.00 fee per dwelling unit for developed parks, greenbelts, trail corridor, etc.

The combined maximum fee for fee-in-lieu of land and park development is $7,909.00 per dwelling unit for developed parks, greenbelts, trail corridor, etc.

Nonresidential fee calculations.

To determine the fee per square foot of nonresidential development, first divide the number of persons per acre by the cost of park development per acre: $400,000.00 ÷ 147 = $2,723.00 cost of park development per person per acre (A).

The fee per square foot calculation is (A x B x C x D)/E, whereas:

A = Cost of park development per person per acre.

ii.

B = Occupancy rate % (Commercial Edge and Economic Pulse).

iii.

C = Operational hours %.

iv.

D = Commuter % (total employees in Addison less population).

E = Square feet per employee (U.S. Green Building Council).

Table 6.4-1: Nonresidential Fee Calculations
Type	Square Feet Per Employee (E)	Occupancy Rate % (B)	Operational Hours % (C)	Commuter % (D)	Fee Per Square Foot
Industrial	2,500	95%	71%	79%	$0.58
Hotel	1,500	60%	71%	79%	$0.61
Retail	550	93%	38%	79%	$1.36
Office	300	79%	24%	79%	$1.34