A. Purpose. The purpose of this Section is to provide for the adequate provision of park land and a connected trail network to meet the needs of a growing citizen population. These requirements may include easements, land dedication, or a fee in lieu of payment for the acquisition and development of public park land.
B. Applicability. See
§ UDC-4.04.02B for details.
C. Submittal Requirements and Approval Process.
1. General Parks or Trails Plan. Prior to submittal of a Preliminary Plat, a General Parks or Trails Plan shall be submitted and shall contain, at a minimum, the following information:
a. Location and size of any proposed parks or trails to be dedicated to the public or to be retained as private park land.
b. A statement of the suitability of the park land or trails in meeting the criteria in E below.
c. A general park development or trails plan including any proposed improvements.
d. A phasing plan.
2. Detailed Parks or Trails Plan. Prior to submittal of a Final Plat, a Detailed Parks or Trails Plan shall be submitted and shall contain, at a minimum, the following information:
a. Location and size of proposed park or trails.
b. A statement of the suitability of the park land or trails in meeting the criteria in E below.
c. A detailed plan of any proposed improvements, including cost.
d. A site plan meeting the requirements of
2.10.07: Site Plans..
3. Parks and Recreation Commission Recommendation. The Parks and Recreation Commission shall make recommendations based upon the Comprehensive Plan or Parks and Recreation Master Plan as adopted by the City, and the standards and provisions contained herein, to the Planning and Zoning Commission and City Council concerning the amount and location of park land and fees in lieu of park land dedication.
4. Planning and Zoning Commission Recommendation. The Planning and Zoning Commission shall make recommendations based upon the Comprehensive Plan or Parks and Recreation Master Plan as adopted by the City, and the standards and provisions contained herein, to the City Council concerning the amount and location of park land and fees in lieu of park land dedication.
5. City Council Approval. The City Council shall have final authority on all matters related to park dedication, park development, trail dedication, and trail development.
D. Requirements for Park Land Dedication.
1. The subdivision of any parcel or tract of land into a residential subdivision within the City limits or ETJ shall require the subdivider to set aside and dedicate sufficient and suitable lands for the purpose of a park or make an in lieu financial contribution for the acquisition or development of park land in accordance with the provisions of this section.
a. No area or facility shall be dedicated for park land purposes unless approved and accepted by the City.
b. Subject to the City Council's determination, park land should be located to serve the greatest number of homes, limit the need to cross Arterials, and provide access to trails when applicable.
c. All subdivisions of land subject to the requirements of this Code shall conform to the most recent edition of the Comprehensive Plan or any specific Parks and Recreation Plan adopted by the City, which may supersede the Comprehensive Plan.
d. All subdivisions of land receiving Final Plat, or alternative form plat, approval based on this Code shall conform to the requirements of this Section. As advised by the Parks and Recreation Commission and the Planning and Zoning Commission, the City Council and subdivider may negotiate the combination of park land dedication, payment of fees in lieu of required park land, or any combination thereof, to satisfy these requirements.
e. For the purpose of these park land dedication requirements, public park land shall be defined as "Any noncommercial, not for profit area that predominately consists of open space areas designed to meet the active or passive recreational needs of the public and is owned, operated and maintained by the City."
f. For the purpose of these park land dedication requirements, private park land shall be defined as "Any tract of land owned, operated and maintained by a homeowner's association, property owner's association, developer or other private entity that provides active or passive recreation to a specific area, neighborhood or group of individuals and is not available to the general public for recreational use."
2. Formula for Calculating Area of Park Land. The acreage to be donated prior to Final Plat approval by the City Council of any residential subdivision shall be pro-rated in accordance with Table 42. Park Land Dedication Requirements.
Table 42. Park Land Dedication Requirements
| Single Family, Duplex, and Multifamily |
1 acre per 50 dwelling units |
| Less than 10 Single Family Units; or Less than 5 Multifamily Units |
None |
3. Fee In Lieu of Park Land Dedication.
a. The City may allow, at its option, to accept the payment of a fee in lieu of park land dedication or a combination of park land dedication and fees in lieu, in order to satisfy the requirements of this Section.
b. Any proposed subdivision located within the ETJ shall be required to pay a fee in lieu of park land dedication. For developments within the City's ETJ, the City, at its sole discretion, may accept private park land to satisfy all or a portion of the dedication requirements.
c. Where the fee in lieu of park land is required or acceptable to City Council as provided for in this Code, such fee shall be as shown in Table 43. Fee In Lieu Costs.
Table 43. Fee In Lieu Costs
| Single Family, Duplex, and Multifamily |
$500 per dwelling unit |
| Less than 10 Single Family Units; or Less than 5 Multifamily Units |
None |
d. The appropriate fee shall be imposed by the City at the time of approval of the Preliminary Plat and shall be paid prior to the release by the City of each Final Plat for filing in the deed records of Hays County.
e. The City shall reserve the fees contributed in lieu of park land dedication in a separate account from the general funds of the City, along with any accrued interest, and shall proceed to complete acquisition or improvement of park land. All fees collected in lieu of park land dedication shall be expended in on a first in, first out basis.
i. If any or all of the funds are not spent for such purposes within ten (10) years from the date that they are collected, the subdivider shall have the right to request repayment by the City and the City shall refund the principal amount of all unexpended funds that were collected from the subdivider.
E. Park Land and Trail Design Requirements. See
§ UDC-4.04.02E for detailed information.
F. Park Improvements.
1. Installed Improvements.
a. The subdivider shall improve all dedicated public park land with improvements approved by the City, prorated for an amount equal to at least $40,000 per acre.
b. Design, specification, and construction of the improvements shall be subject to review and approval by the City.
c. Construction of the improvements must be completed within three (3) years of the City's approval of the first final plat of the subdivision.
d. Surety for construction of improvements shall be provided in the same manner as required of other subdivision- and site-related construction, as specified in 3.04.04. Timing of Public Improvement.
2. Funds in Lieu of Improvements.
a. In lieu of constructing the improvements, the subdivider may elect to contribute the required amount of funds in lieu of construction to the City to meet the City's current or future recreational needs.
b. The City shall reserve the fees contributed in lieu of park improvements in a separate account from the general funds of the City, along with any accrued interest, and shall proceed to complete acquisition or improvement of park land.
c. All fees collected in lieu of park development shall be expended in on a first in, first out basis. If any or all of the funds are not spent for such purposes within ten (10) years from the date that they are collected, the subdivider shall have the right to request repayment by the City and the City shall refund the principal amount of all unexpended funds that were collected from the subdivider.
d. If the subdivider pays fees in lieu of park land dedication in accordance with D.3 above, then the subdivider shall pay to the City a prorated improvements fee of $40,000 per acre of park land that is required to be dedicated, in addition to the fees paid in lieu of dedication.
G. Updating of Fees and Requirements.
1. The standard fees for contributions in lieu of park land dedication and minimum costs for improvements to park land as specified in this Section may be updated from time to time on the basis of current development costs. The Parks and Recreation Commission shall consider and make periodic recommendations to the City Council on such fees and costs.
2. The Parks and Recreation Commission shall consider and make periodic recommendations to the City Council on design standards and other provisions of this Section.
3. All such recommendations should be compiled and included within a Parks and Recreation Plan for the City, subject to final review adoption by the City Council.
