§ 25-1-601. GENERAL PROVISIONS.

(A)

The City of Austin has determined that recreational areas in the form of public parks are necessary for the well-being of residents. The City has further determined that the approval of new residential development is reasonably related to the need for additional parkland and park amenities to serve new development. This article establishes a fair method for determining parkland dedication, or the payment of a fee in-lieu of dedication, to be required as a condition to the approval of new development in an amount proportionate to the impact of development on existing parks and established levels of service.

(B)

Except as otherwise provided in this section, the parkland dedication requirements of this article apply to:

(1)

a residential subdivision within the planning jurisdiction;

(2)

a site plan within the zoning jurisdiction that includes residential units or a hotel-motel use; and

(3)

a residential building permit, as provided under Section 25-1-608 ( Dedication of Land or Payment In-Lieu at Building Permit ).

(C)

The following are exempt from the requirements of this article:

(1)

a subdivision or site plan for which parkland was previously dedicated or payment made under this title, except for the dwelling units or lots that exceed the number for which dedication or payment was made;

(2)

development within the City's extraterritorial jurisdiction that is within Travis County and governed by Title 30 ( Austin/Travis County Subdivision Regulations ); and

(3)

affordable dwelling units that are certified under the S.M.A.R.T. Housing Policy approved by the city council.

(D)

The following definitions apply throughout this article:

(1)

ANNUAL OCCUPANCY RATE means the hotel-motel occupancy rate for the City of Austin, as reported annually by the Texas Economic Development & Tourism Office.

(2)

DEFICIENT PARK AREA MAP means a map depicting areas that the director has determined lack sufficient parkland based on locational criteria established by the Parkland Dedication Operating Procedures and the parkland policies of the Imagine Austin Comprehensive Plan.

(3)

DIRECTOR means the director of the Parks and Recreation Department.

(4)

DISTRICT PARK means a park of 31 to 100 acres with a two-mile service area.

(5)

GREENWAYS means a multi-functional linear park that:

(a)

links two or more separate parks;

(b)

serves as a wildlife corridor;

(c)

provides flood control; or

(d)

contains routes for non-motorized vehicles.

(6)

METRO PARK means a park of 200 or more acres that serves the entire city.

(7)

NEIGHBORHOOD PARK means a park of two to thirty acres with a one-mile service area.

(8)

PARKLAND DEDICATION URBAN CORE means an area bound by Highway 71/Ben White Boulevard to the south; Highway 183 to the east and north; Loop 1 (MOPAC) on the west to FM 2222; FM 2222 on the north to Loop 360; Loop 360 on the west to Lake Austin; Lake Austin on the west to Loop 1 (MOPAC); and Loop 1 (MOPAC) on the west to Highway 71 (Ben White); [A copy of map can be found in city offices.]

(9)

POCKET PARK means a park of no more than two acres with a one-quarter mile service area.

Source: Ord. No. 20160128-086, Pt. 2, 2-8-16 .