§ 25-1-602. DEDICATION OF PARKLAND.

(A)

A subdivision or site plan applicant shall provide for the parkland needs of the residents by the dedication of suitable land for park and recreational purposes under this article or by payment of a fee in-lieu of dedication under Section 25-l-605 ( Fee In-Lieu of Parkland Dedication ).

(B)

For a subdivision, the area to be dedicated must be shown on the preliminary plan and final plat as "Parkland Dedicated to the City of Austin." The subdivider shall dedicate to the City all parkland required by this article when a plat is approved, except that the director may defer dedication of parkland to site plan approval if development within the subdivision will require a site plan under Chapter 25-5 ( Site Plan ).

(C)

For a site plan, the area to be dedicated must be shown on the site plan as "Parkland Dedicated to the City of Austin" and in a deed to the City. The applicant shall dedicate the parkland required by this article to the City by deed before the site plan is released, except that dedication may be deferred until issuance of a certificate of occupancy if construction of amenities is authorized under Section 25-1-605 ( Fee In-Lieu of Parkland Dedication ) or Section 25-1-606 ( Parkland Development Fee ). In negotiating a deed under this section, the director may require that a reasonable portion of the total impervious cover permitted on the site be allocated to the dedicated parkland to allow for construction of parkland amenities without unduly impacting development of the proposed site plan.

(D)

For a building permit that is subject to Section 25-1-608 ( Dedication of Land or Payment In-Lieu at Building Permit ), the area to be dedicated must be shown in a deed to the City. The applicant shall dedicate to the City all parkland required by this article before a building permit is issued.

(E)

Except as provided under Subsection (J) of this section, the amount of parkland required to be dedicated to the City is 9.4 acres for every 1,000 residents, as determined by the following formula:

(F)

In calculating the amount of parkland to be dedicated under this section, the number of residents in each dwelling unit is based on density as follows:

Density Classification	Residents In Each Dwelling Unit
Low Density: Not more than 6 units per acre	2.8
Medium Density: More than 6 and not more than 12 units per acre	2.2
High Density: More than 12 units per acre	1.7
Hotel-Motel Density: Total number of rooms	1.7 × Annual Occupancy Rate

 

(G)

If the density of a development is not known:

(I)

the density is assumed to be the highest permitted in the zoning district, or if the property is not zoned, 24 dwelling units per acre; or

(2)

for a residential subdivision within the extraterritorial jurisdiction, the applicant may reduce the assumed density by agreeing, in a manner that is enforceable by the City and approved by the city attorney, that any subsequent increases in density may require additional dedication of parkland under this section or payment of a fee in-lieu of dedication under Section 25-1-605 ( Fee In-Lieu of Parkland Dedication ).

(H)

The subdivision or site plan applicant shall pay all costs of transferring the parkland to the City, including the costs of:

(1)

an environmental site assessment without any further recommendations for clean-up, certified to the City not earlier than the 120th day before the closing date;

(2)

a Category 1(a) land title survey, certified to the City and the title company not earlier than the 120th day before the closing date;

(3)

a title commitment with copies of all Schedule B and C documents, and an owner's title policy;

(4)

a fee simple deed;

(5)

taxes prorated to the closing date;

(6)

recording fees; and

(7)

charges or fees collected by the title company.

(I)

Development within a Planned Unit Development (PUD) zoning district may, if required by the ordinance adopting the PUD, be subject to additional parkland requirements and may be entitled to count dedicated parkland towards meeting open space requirements under Chapter 25-2, Article 2, Division 5 ( Planned Unit Developments ).

(J)

The amount of parkland required to be dedicated within the Parkland Dedication Urban Core may not exceed 15% of gross site area for the development required to provide the dedication except upon consent of the applicant or as authorized under this subsection.

(1)

The director may request that the Land Use Commission approve dedication in excess of the 15% cap, up to the amount required under Subsection (E) of this section, if doing so is necessary to:

(a)

address a critical shortage of parkland for an area identified in the Deficient Parkland Area Map; or

(b)

provide connectivity with existing or planned parks or recreational amenities.

(2)

Before the Land Use Commission considers a request under this subsection for approval, the director shall present the request to the Parks Board for a recommendation.

(3)

In considering a request from the director under this subsection, the Land Use Commission may:

(a)

deny the director's request and limit the required dedication to no more than 15% of gross site area; or

(b)

require additional parkland dedication beyond the 15% cap, up to the lesser of:

(i)

the amount required under Subsection (E) of this section; or

(ii)

the minimum amount the Land Use Commission finds to be necessary based on the criteria in Paragraph (1)(a)-(b) of this subsection and the Parkland Dedication Operating Procedures.

(4)

If an applicant dedicates less than the amount of land required for dedication under Subsection (E) due to the cap imposed by this subsection, the director shall require payment of a fee in-lieu of dedication under Section 25-1-605 ( Fee In-Lieu of Parkland Dedication ) for the remaining undedicated land.

(5)

A request by the director under this subsection may be consolidated with an appeal by the applicant under Section 25-1-605(F) ( Payment of Fee In-Lieu Dedication ).

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