§ 22-37. Land dedication.

(a)

Dedication of park land shall be proportional to the number and type of dwelling units proposed for a residential subdivision. The number of acres of land to be dedicated shall be determined using the formula in section 22-36(c).

(b)

Where a proposed residential subdivision contains multifamily dwelling units and information is not provided concerning the number of such units, the city shall assume the highest density allowed for the property to determine the projected population for the development.

(c)

The land required to be dedicated or conveyed may be located inside or outside the subdivision development so long as the land is located within one-half (½) to one (1) mile of the periphery of the development so as to serve or benefit the residents of such subdivision.

(d)

The parks and recreation department, based upon review of the preliminary plat, initially shall determine the feasibility of park land dedication for a residential subdivision and the amount of land to be dedicated to the city for neighborhood park purposes, utilizing site selection criteria contained in section 22-41. The department's determination shall be forwarded to the Denton Department of Planning and Development for processing with the preliminary plat.

(e)

In residential subdivisions which are to be platted in two (2) or more phases, the required park land dedication, pursuant to this article, must be provided in each phase of the subdivision with one (1) exception. In its sole discretion, the city may authorize the developer to reserve park land for dedication in subsequent phases of the subdivision by paying into a city escrow fund a dollar amount equal to the fees in lieu of dedication otherwise due for the phase under section 22-38. The form and provisions of the escrow agreement shall be approved by the city attorney and city engineer. The escrow funds must be paid to the city prior to the filing of the first phase final plat and shall be maintained in the escrow fund pending the platting of the project phase that contains the park land to be dedicated. Escrow funds will be returned to the developer, without interest, upon the filing of the final plat for the subsequent phase that dedicates the required park land. In addition, the developer shall dedicate a reversionary public access easement on the final plat of the initial phase(s) where necessary to provide effective public access, maintenance and use of any park land to be dedicated.

(f)

If a replat is filed, the dedication requirements shall be controlled by the regulations in effect at the time of original platting, except that land dedication (or fee in lieu of) requirements then in effect shall be applied to any additional dwelling units proposed for the replat.

(Ord. No. 98-039, § I, 2-17-98)