(a) Initial calculations. The director shall determine the amount of land required to be dedicated, or fees-in-lieu of dedication to be paid, in accordance with Sections 51A-1.105(z), 51A-4.1004, 51A-4.1005, and this section.
(1) The director shall first calculate the amount of park dedication required in Section 51A-4.1004;
(2) If the owner of the subdivision or development elects to pay a fee-in-lieu of dedication, or the director requires the payment of a fee-in-lieu of dedication, the director shall calculate the fee according Section 51A-4.105(z);
(3) If the owner of the subdivision or development chooses to satisfy the requirements of this division by a combination of dedication of land and payment of a fee-in-lieu of dedication, the director shall:
(A) First, calculate the total park dedication requirement;
(B) Second, subtract from the total park land dedication requirement the amount of park land to be dedicated;
(C) Third, calculate amount of fee-in-lieu for the remaining amount of park land dedication required by multiplying the remaining land area by the fee-in-lieu per square foot cost factor.
(b) Deductions and credits.
(1) The number of dwelling units, guest rooms, or sleeping rooms requiring dedication is based on a total increase in dwelling units, guest rooms, or sleeping rooms. The director shall deduct from the initial calculation the number of dwelling units, guest rooms, or sleeping rooms in existence within five years of the approval of the preliminary plat or the issuance of the first building permit for the proposed new development. The burden is on the applicant to demonstrate to the satisfaction of the director that the dwelling units, guest rooms, or sleeping rooms existed before the application for the subdivision plat or building permits generating the dedication require ment;
(2) The director shall reduce the dedication requirement of Section 51A-4.1004 or the fee-in-lieu of dedication requirement of Section 51A-4.1005, as applicable, by one or more of the following credits:
(A) The director shall grant a maximum credit of 100 percent of the total dedication requirement for publicly accessible private park land provided within the subdivision or development generating the dedication requirement that meets the requirements of this paragraph.
(i) To be eligible for credit, publicly accessible private park land must be:
(aa) made accessible to the public on an instrument approved by the city attorney;
(bb) of a size approved by the director to appropriately meet the needs of the development;
(cc) provide landscaping and recreational amenities approved by the director; and
(dd) be open to the public during all times it is accessible to the residents of the development.
(ii) Equipment in a private park must comply with city standards applicable to the type of equipment.
(iii) A publicly accessible private park land instrument must:
(aa) contain a legal description of the development and the publicly accessible private park land;
(bb) be signed by all owners and lienholders of the development property and is binding on lienholders by a subordination clause;
(cc) be approved by the director;
(dd) be approved as to form by the city attorney;
(ee) create a covenant running with the land;
(ff) provide that the owners of the property development are responsible for all general park maintenance at a level consistent with minimum park and recreation standards;
(gg) provide necessary easements for access to the publicly accessible private park land;
(hh) give the city the right, but not the obligation, to take any action needed to make necessary repairs or improvements within the publicly accessible private park land, and to place a lien on all lots within the development until the city has received full compensation for that action;
(ii) provide that the owners of property in the development agree to defend and indemnify the city, and to hold the city harmless from and against all claims or liabilities arising out of or in connection with publicly accessible private park land or publicly accessible private park land instrument;
(jj) provide that it is governed by the laws of the State of Texas; and
(kk) provide that it may only be amended or terminated:
(I) with the consent of all the owners and lienholders of property in the development;
(II) upon the dedication of any park land or payment of a fee-in-lieu necessary to meet the requirements of this section; and
(III) after approval as to form by the city attorney, and approval by the director.
(B) A maximum credit of 50 percent of the total requirement will be given for non-publicly accessible private park land provided within the subdivision or development generating the dedication requirement that meets the requirement of this subparagraph. Private park land eligible for credit must:
(i) be of a size approved by the director to appropriately meet the needs of the development;
(ii) be maintained at a level consistent with minimum park and recreation maintenance standards;
(iii) provide landscaping and recreational amenities approved by the director;
(iv) have equipment that complies with city standards applicable to the type of equipment; and
(v) not be an interior common area.
(C) Developments located within a community unit development with open space meeting the requirements of Subparagraph (A) or Subparagraph (B) may receive credit for park land dedication as provided in this section.
(3) Credits are cumulative, up to a maximum of 100 percent of the required dedication and are only applicable to the original property being developed. (Ord. 30934, eff. 7/1/19)