(A) The developer of a subdivision may receive a credit against the park land dedication and park development fee requirements if the subdivision includes a private park or recreational facility. The amount of land in such private park or recreational facility shall count towards meeting the park land dedication requirement imposed on the developer, provided that the land meets the park land dedication acceptance criteria in § 156.04 above.
(B) The Director shall grant a maximum credit of 100% 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 division.
(1) To be eligible for credit, publicly accessible private park land must:
(a) Be made accessible to the public on an instrument approved by the City Attorney;
(b) Be of a size approved by the Director to appropriately meet the needs of the development;
(c) Provide landscaping and recreational amenities approved by the Director; and
(d) Be open to the public during all times it is accessible to the residents of the development.
(2) Equipment in a private park must comply with city standards applicable to the type of equipment.
(3) A publicly accessible private park land instrument must:
(a) Contain a legal description of the development and the publicly accessible private park land;
(b) Be signed by all owners and lienholders of the development property and is binding to online holders by a subordination clause;
(c) Be approved by the Director;
(d) Be approved as to form by the City Attorney;
(e) Create a covenant running with the land;
(f) Provide that the owners of the property development are responsible for all general park maintenance at a level consistent with minimum city park and recreation standards;
(g) Provide necessary easements for access to the publicly accessible private park land;
(h) 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;
(i) 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;
(j) Provide that it is governed by the laws of the State of Texas; and
(k) Provide that it may only be amended or terminated:
1. With the consent of all the owners and lienholders of property in the development;
2. Upon the dedication of any park land or payment of a fee-in-lieu necessary to meet the requirements of this section; and
3. After approval as to form by the City Attorney, and approval by the Director.
(C) A maximum credit of 50% 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 division. Private park land eligible for credit must:
(1) Be of a size approved by the Director to appropriately meet the needs of the development;
(2) Be maintained at a level consistent with minimum city park and recreation maintenance standards;
(3) Provide landscaping and recreational amenities approved by the Director;
(4) Have equipment that complies with city standards applicable to the type of equipment; and
(5) Not be an interior common area.
(D) The developer may receive a proportional credit, as determined by the Director, based on actual out-of-pocket dollar costs that the developer incurred for the improvement of the private park or recreational facility. The actual out-of-pocket dollar costs must be evidenced by documentation approved by the Director. The proportional credit amount, as determined by the Director, shall count toward meeting the total park development fee imposed on the developer. The park development fee assessed against a development pursuant to this chapter is for the specific purpose of developing the acreage that would be developed for park purposes under this chapter. Each acre of park land will be developed with amenities by the park development fee charged against the development. A developer will be given credit for the amenities they install on their site but the credit will be capped by the maximum amount of the fee that would be charged for the land area they are actually using. A developer may not over commit amenity improvements on a specific tract thereby eliminating the availability of park development fees remaining to be used on the balance of the land projected for dedication by the development for park purposes. Park land development fee credits will be provided as follows:
(1) Credit may be provided on a dollar for dollar basis for capital improvements on adjacent park land if the capital improvements:
(a) Meet minimum park and recreation standards;
(b) Are appropriate for the park land and fall in an area where the level of service is not currently being met; and
(c) Are accepted by the Director.
(2) Credit may be provided on a dollar for dollar basis for capital improvements on publicly accessible private park land if the capital improvements:
(a) Meet minimum park and recreation standards;
(b) Are appropriate for the park land and fall in an area where the level of service is not currently being met; and
(c) Are accepted by the Director.
(3) A maximum credit of 50% of the total requirement may be provided for capital improvements on non-publicly accessible private park land if the capital improvements:
(a) Meet minimum park and recreation standards;
(b) Are appropriate for the park land and fall in an area where the level of service is not currently being met; and
(c) Are accepted by the Director.
(E) Credits requested pursuant to this chapter will only be given for amenities that meet the minimum design and construction standards as set forth by the Department.
(F) A developer of a subdivision who dedicates more than the required park land requirements for that specific subdivision may receive credits for future park land dedication requirements for other subdivision developments that he may undertake at a future date in the same quadrant.
(G) A developer of a subdivision may dedicate park land that is not within the boundaries of his or her development and receive park land dedication credits for that subdivision. The proposed park land dedication must be approved by the Director prior to the filing of the preliminary plat. The proposed park land dedication property must be in the same quadrant as the proposed subdivision, within a reasonable distance of existing or developing residential neighborhoods and meet the park land dedication criteria outlined in § 156.04.
(Ord. 1421, passed 4-14-03; Am. Ord. OR-2227-21, passed 11-8-21)