Austin |
Building Criteria Manual |
Section 14. PARKS AND RECREATION DEPARTMENT (PARD) |
Appendix 14.3.0. PARKLAND DEDICATION OPERATING PROCEDURE RULES |
§ 14.3.10. Standards for Private Parkland
(A)
As authorized by City Code § 25-1-604 (Private Parkland), PARD may allow an applicant to satisfy up to 100% of the parkland dedication required for a development by providing a recreational easement to the public rather than deeding the land to the City in fee simple.
(B)
In order to earn credit for private parkland, it must be encumbered with a recreational easement that provides for full public access and must:
(1)
be visible from a right-of-way frontage or provide a connection to a trail system; and
(2)
provide signage visible from a right-of-way frontage and, approved by PARD, which:
(a)
states that the area, including any recreational amenities, is open and available for public use;
(b)
is posted at the park entrance or in a location visible to the public;
(c)
states the park hours and contact for park manager if it is not the City Park's Department; and
(3)
provide language in the easement document that specifies maintenance, capital replacement, the right of the City to conduct safety inspections, future construction rights, (removed and) penalties and arrangements for lack of compliance; and
(4)
provide language in the easement document that specifies that re-payment of the credits will be required via alternate land or compensation for release of the easement.
(C)
The credited acreage is calculated as in PDOP §§ 14.3.6 through 14.3.8. PARD then evaluates the amount of parkland dedication credit to be given using the following weighted factors:
(1)
(40%) The presence of active recreational amenities including, but not limited to, playscapes, sport courts, table game recreation, and climbing or exercise structures or trails.
(2)
(30%) The ability of the public to access and use the land for recreation purposes in perpetuity by including within the Park Recreation Easement a provision declaring the land to be parkland "within the meaning of Article II, Section 7, Paragraph (A) of the Austin City Charter."
(3)
(10%) The presence of group gathering spaces, such as open lawns, picnic areas, plazas or pavilions.
(4)
(10%) Landscaping that enhances the park recreation features by providing shade, educational opportunities, fruit and nut trees, or wildlife habitat.
(5)
(10%) The ability of PARD to provide programming in the space.
(D)
If private amenities are credited, recreational amenities must be constructed onsite and approved by PARD during site plan or subdivision review. Amenities must be shown on the site plan or construction plan, unless PARD authorizes another method of approval.
(E)
An applicant must post fiscal surety for amenities included on private parkland during site plan or subdivision review. PARD will notify the Applicant and the Development Services Fiscal Office in writing, stating the amenities to be constructed and the amount of Fiscal Surety to be held until the items are constructed.
(F)
If credited acreage does not satisfy the entire parkland requirement, PARD will calculate the remaining fee using the same process described in PDOP § 14.3.6(B).
(G)
If a recreation easement recorded for parkland dedication credit is released, subsequent applications for subdivisions and site plans will require parkland dedication for all units constructed.
Source: Rule No. R161-16.15, 9-19-16 .