The purpose of this article is to provide recreational areas and neighborhood parks to serve residential development.

1.

Any residential development is required to dedicate one acre per 100 residential lots or dwelling units, or to pay money in lieu of land, or to provide a combination of land and money in lieu of land, when permitted or required by the other provisions of this Code.

2.

Land to be dedicated for park purposes shall be identified in the general development plan as a requirement of the zoning approval for any residential development. Dedication is required prior to or at the time the final plat is approved for recordation with the county clerk of Collin County.

3.

Land dedicated for park purposes will be adequately drained with direct access from a paved public street and will have water and sewer available. Floodplain areas and tracts with topography unsuitable for park development ordinarily do not meet the requirements for neighborhood parks. Floodplain areas identified in the comprehensive plan may be accepted as part of a park only if found to contribute to improvement of the park system and only if access to the park is adequate.

4.

If fewer than 500 residential lots or dwelling units are proposed or if adequate neighborhood parks are located within one-half mile of the proposed development or if the recreation potential for that zone would be better served by expanding or improving existing parks, the developer may be required to pay cash in lieu of land.

5.

The dedication required by this section shall be made by the filing for record of the final plat. If the actual number of completed dwelling units exceeds the figure upon which the original dedication was based, additional payment of the cash in lieu of land is required.

6.

Credit for the development of neighborhood park improvements may be granted pursuant to a duly executed facilities agreement.

1.

Any former gift of land to the city may be credited on a per-acre basis toward dedication requirements.

2.

Open space required under planned development (PD) zoning does not fulfill the requirements of this section.

1.

Payment of money in lieu of land will be sufficient to acquire and develop neighborhood parks at a rate set by the council by resolution.

2.

Cash payments may be used only for acquisition or improvement of a neighborhood park located within the same community park district (A, B, C or D) as the proposed development.

The need for parkland is identified in the comprehensive plan and the city's acceptance will be based on the suitability for development of the land for recreational purposes. The size of the park shall be determined by the expected population of the planning district at a rate of two acres per 1,000 persons.

1.

All money paid in lieu of land dedication shall be deposited in an interest-bearing account identified as the park land dedication fund. Funds so deposited shall be used only for the acquisition and development of parks.

2.

The city will account for all funds paid in lieu of land dedication and must expend such monies within ten years from the date received. All funds shall be expended on a first in, first out basis. If funds are not expended for the acquisition or development of neighborhood parks, the owners of the property shall be entitled to a pro rata refund computed on a square foot of area basis. Any claim for unexpended funds must be filed in writing by the owner of the land within one year of the expiration of the ten-year period or such right shall be barred.

The director of parks and recreation shall prepare an annual report to the city council on the status of parkland acquisition and development, including information concerning:

1.

Park fees collected and expended;

2.

Parkland and facilities required and developed with associated costs;

3.

Any recommendation of the parks and recreation board concerning park needs, the dedication of parkland, fees, fees in lieu of land or amendments to this section.