The purpose of this article is to provide the legal basis for the planning, acquisition, development, operation and maintenance of the parks, trails, and open space system that is necessary to support the health and welfare of the existing and future population of the City of League City. This section is enacted in accordance with the home rule powers of League City under the Texas Constitution, and the statutes of the State of Texas, including without by way of limitation, V.T.C.A., Local Government Code Ch. 212.

(Ord. No. 2020-25, § 1(Exh. A), 9-29-2020)

No plat that creates or allows the development of any new residential lot within the city or its extra-territorial jurisdiction shall be approved unless the owner of the property being platted shall have made a park donation pursuant to this article.

(Ord. No. 2020-25, § 1(Exh. A), 9-29-2020)

125-6.3.1.

The proper method of park donation shall be based upon the number of dwelling units that the plat will authorize once approved, as follows:

(a)

Seven hundred fifty dwelling units or more. Prior to plat approval the applicant shall complete donation to the city of parkland at the rate of one acre per 75 dwelling units established by the plat, provided the parkland proposed to be donated is suitable for park and recreational uses, as determined pursuant to section 125-6.4.

(b)

Fewer than 750 dwelling units. The city council declares that development of a park less than ten acres in size is impractical and creates unreasonable and unnecessary maintenance and operating expenditures. Therefore, prior to approval of a plat establishing fewer than 750 dwelling units, the plat applicant shall elect and complete one of the two following methods of park donation:

(1)

A donation to the city of at least ten acres of parkland suitable for park and recreational uses, as determined pursuant to section 125-6.4; or

(2)

A cash payment into the park development fund in an amount per dwelling unit as set by the city council.

(Ord. No. 2020-25, § 1(Exh. A), 9-29-2020)

125-6.4.1.

Land that is proposed to be donated to the city to satisfy the parkland requirement must be suitable for development and use as public parks, based upon meeting the following criteria, in the sole judgment of the parks and cultural services director but subject to appeal to the city council:

(a)

The land's location is consistent with the city's future park needs as identified in the parks, trails, and open space master plan;

(b)

The land has frontage on an existing public roadway;

(c)

The land is of a width, depth, topography, elevation, and other natural features to allow its use for organized recreational activities or passive recreation;

(d)

Potable water, sanitary sewer, and electric power is readily available to the land from an adjacent street right-of-way or utility easement;

(e)

The land has adequate drainage as determined by the city engineer;

(f)

The land is free of easements, pipelines, overhead utilities, and other conditions that would inhibit its effective use for organized recreational activities or passive recreation;

(g)

The land has had a Phase 1 Environmental Site Assessment within the preceding 12 months, a copy of which is provided to the city for review and verification of no significant environmental hazard; and

(h)

The land has been cleared of all trash, refuse, waste materials, dilapidated structures, abandoned vehicles, and unwanted trees and brush.

125-6.4.2.

The parks and cultural services director may accept land that does not meet all of the criteria in subsection 125-6.4.1 if in his/her judgement the land has substantial utility for public park or related purposes. Land accepted for donation under this subsection may be credited for up to 50 percent of the acreage being donated.

(a)

The city council may consider and accept the donation of any land which the parks and cultural services director determines to not meet the standards of this section if the council determines that the acceptance of such donation would be in the best interest of the public.

(Ord. No. 2020-25, § 1(Exh. A), 9-29-2020)

Upon request by the plat applicant, the parks and cultural services director in his sole discretion may grant a credit of up to 50 percent of the park donation requirement for the dedication of a trail easement and construction of a trail along Clear Creek and/or Clear Lake. Such trail shall have a minimum width of eight feet, except at locations where the Parks and Cultural Services Director determines that six feet minimum width is preferable, and constructed of reinforced concrete unless other appropriate and durable materials used in areas of special character or needs are acceptable to the parks and cultural services director and city engineer.

(Ord. No. 2020-25, § 1(Exh. A), 9-29-2020)

125-6.6.1.

No residential development within the city or its extra-territorial jurisdiction shall receive final acceptance of public infrastructure serving any new residential lot unless the owner of the property being developed shall have made a private park dedication pursuant to this article.

125-6.6.2.

The private park dedication requirement may be satisfied by one or more of the three following methods:

(a)

For a development that creates 75 or more dwelling units, suitable land shall be dedicated and developed as a private park to be maintained by the owner of the park, in the amount of one acre for every 75 proposed dwelling units. The lot configuration shall be such that no dwelling unit is further than one-half mile from a private park within the same development. The parks and cultural services director shall have sole discretion regarding what proposed amenities shall be adequate to develop the private park, provided the amenities meet the following conditions:

(1)

The improvements are constructed in accordance with a site plan that includes a proposed grading plan, landscaping and beautification utilities, drawn at a scale of one inch to 20 feet or other suitable scale; and

(2)

The improvements are designed in compliance with the EDCM standards applicable to such improvements, and the developer provides the city with details related to materials, equipment, itemized list of direct costs, methods of construction, and warranties.

(b)

For a development that creates fewer than 75 dwelling units, either a dedication and development of a private park of at least one acre as provided in [subsection] (a) above, or a cash payment into the park development fund in the same amount per dwelling unit as set by the city council for park donation.

(c)

Upon request by the plat applicant, the parks and cultural services director in his sole discretion may grant a credit of up to 25 percent of the private park dedication requirement for the construction of improvements to existing or new detention facilities, located near the development, that would in the parks and cultural services director's judgment allow the detention facilities to be utilized for recreation purposes.

(Ord. No. 2020-25, § 1(Exh. A), 9-29-2020)

125-6.7.1.

If the number of dwelling units calculated to be established by a plat increases by the time building permits are sought or as a result of the filing of any type of plat covering any portion of the property originally platted, the park donation and private park dedication requirements established by this article shall apply to the additional dwelling units, at the donation and dedication rates in effect at the time of building permit application or new plat application.

125-6.7.2.

Penalty. Any person who shall violate the provisions of this section shall be deemed guilty of a misdemeanor and shall, upon conviction by a court of competent jurisdiction, be punished by a fine in any sum not exceeding $500. 00.

(Ord. No. 2020-25, § 1(Exh. A), 9-29-2020)