Farmersville Municipal Code Art. I Park Land Dedication Requirements

A. Every person who subdivides land shall dedicate a portion of such land, pay a fee, or both, for the purposes of providing park and recreational facilities to serve future residents of the subdivision. The amount of land required to be dedicated by the subdivider shall be 0.003 acre per inhabitant which the subdivision is designed to accommodate. The number of subdivision inhabitants shall be determined using a formula of three and one-half persons per single- family dwelling unit or two persons per multiple-family dwelling unit or mobile home.

B. Where a fee is required to be paid in lieu of land dedication, the amount of such fee shall be based upon the fair market value of the amount of land which would otherwise be required to be dedicated. The fair market value shall be mutually agreed upon by the subdivider and the city, or, if such agreement cannot be reached, the subdivider may, at his expense, obtain an appraisal of the property by a qualified real estate appraiser selected by the city.

(Ord. 362 § 1, 1993; Ord. 162 § 11(A), 1976)

Where private open space for park and recreational purposes is provided in a proposed subdivision and such space is to be privately owned and maintained by the future residents of the subdivision, such areas shall be credited against the requirement of dedication for park and recreation purposes or the payment of fees in lieu thereof, provided the city council finds it is in the public interest to do so, and that the following standards are met:

A. Yards, court areas, setbacks and other open areas required to be maintained by zoning and building regulations shall not be included in the computation of such private open space; and

B. The private ownership and maintenance of the open space is adequately provided for by written agreement; and

C. The use of the private open space is restricted for park and recreational purposes by recorded covenants which run with the land in favor of the future owners of property within the tract and which cannot be defeated or eliminated without the consent of the city council; and

D. The proposed private open space is reasonably adaptable for use for park and recreational purposes, taking into consideration such factors as size, shape, topography, geology, access, and location of the private open space land.

(Ord. 162 § 11(B), 1976)

A. Whether the city council accepts land dedication or elects to require payment of a fee in lieu thereof, or a combination of both, shall be determined by consideration of the following:

1. Topography, geology, access and location of land in the subdivision available for dedication;

2. Size and shape of the subdivision and land available for dedication; and

3. The recommendations of the subdivision review board and the planning commission.

B. In cases of subdivision comprising fifty lots or less, only the payment of fees may be required, but the subdivider may, with the city council's approval, dedicate land nevertheless, provided the land to be dedicated is at least one-quarter acre.

(Ord. 162 § 11(C), 1976)

The land and/or fees received under this article shall be used for the purpose of providing park and recreational facilities to serve the subdivision for which received and shall bear a reasonable relationship to the use of the park and recreational facilities by the future inhabitants of the subdivision.

(Ord. 162 § 11(D), 1976)