Parkland Dedication
Parkland dedication is a local government requirement imposed on subdivision and site plan applications mandating the dedication of land for a park and/or the payment of a fee to be used by the governmental entity to acquire land and/or develop park facilities. The City of Austin passed its first Parkland Dedication Ordinance in 1985, updated in 2007 and again in 2016. Learn more about Parkland Dedication and how we're growing Austin's park system. www.austintexas.gov/atxparkland
Ordinance
Parkland Dedication Ordinance - In response to Council Resolution No. 20140807-093 the Department issued the Parkland Fee Methodology Report ('Report") on November 19, 2014, which concluded that the existing PLD fee and the formula for determining the amount of land required were insufficient to maintain the current quality of life. On December 11, 2014 the City Council approved Resolution No. 20141211-219 directing the Department to develop a proposed ordinance implementing Report's recommendations. A new Ordinance No. 20160128-86 was adopted on January 28, 2016. For more information on parkland dedication ordinances in general please see the 2010 John Crompton Report.
All parkland dedication ordinances must meet the following criteria:
- a calculation to determine dedication requirements and;
- adherence to the Nexus Principal and;
- limitations on expending fees in lieu.
Nexus Principle: The principle relates to the establishment of an “essential connection” between the demand generated by a development and the park or park improvement being constructed with the resources provided by the developer. Land or fees must be used to benefit those who will live in the development. The City of Austin expends fees within 2 miles of a development to ensure the fees benefit those residents. The funds, then, can only be spent on new facilities and not maintenance.
Limitations on expending fees: A reasonable time frame for fund expenditure must be stated. The Austin ordinance states that the fees must be expended within five years from the date they were received, unless less than 50% of the residential units in the subdivision have been constructed. In that case, the period for expenditure is extended another five years. See the timeframe for expenditure. A refund may be requested in writing for any units not constructed not later than 180 days after the expiration of the five years, or 10 years, as applicable. See process for refund.
Parkland Dedication Rules
Rules that govern the administration of Parkland Dedication Land Development Code 25-1-601 to 25-1-609 can be found in the Parkland Dedication Operating Procedures. This document explains adopted rules for land dedication, fee payment and fee expenditure.
- Section 14 - Parks and Recreation Department 14.3.0 - Parkland Dedication Operating Procedure Rules
- Deficient Park Area Map (Exhibit A) City Wide
- Deficient Park Interactive Map
Parkland Dedication or Fee in Lieu
A subdivision or site plan applicant shall provide for the parkland needs of the residents by the dedication of suitable land for park and recreation purposes or by payment of a fee in-lieu of land. The City may require dedication of land if the proposed development is in a park-deficient area. An interactive Deficient Park Area Map depicting areas that the director of the Parks and Recreation Department has determined lack sufficient parkland can be viewed on the Property Profile GIS Viewer. To view the parkland deficient area feature class on Property Profile, click on Change visible map layers in the Search & Identify Data tab near the top, clicking on the plus sign next to Long Range Planning on the left panel, checking the box next Parkland Deficient Area, and zooming in until that layer appears
An area is considered park-deficient if there is no park, private parkland open to the public, or school park within ¼ mile inside the parkland dedication urban core or within ½ mile outside the urban core. Inside the urban core, land dedication is capped at 15% of the gross site area unless the Land Use Commission approves increased land dedication to address a critical park shortage or provide connectivity.
Dedication of Parkland: 9.4 acres per every 1000 residents as determined by the following formula: 9.4 X Number of Units X Residents per Unit divided by 1000 = Acres of parkland to be dedicated.
Fee in Lieu of Parkland Dedication: Step 1: Parkland Cost Factor/Parkland Level of Service=Land Cost Per Person. Step 2: Density X Land Cost per Person = Fee in Lieu of Land by Density.
Park Development Fee: Step 1: Parkland Cost Factor/Parkland Level of Service=Land Cost per Person. Step 2: Density X Park Development Cost Per Person =Parkland Development Fee by Density.
Both these fees are established annually in the fee schedule based on a recommendation by the Director of Parks and Recreation and approved by the City Council .
Parkland Fee Calculation Methodology
| 2021 Fee | Fee In-Lieu of Land Fee | Park Development Fee | Total Fee per Unit |
|---|---|---|---|
|
Low Density Fee (Less than 6 units per acre) |
$1,722.22 | $811.80 | $2,534.02 |
| Medium Density Fee (6 to 12 units per acre) | $1,353.18 | $637.85 | $1,991.03 |
| High Density Fee (more than 12 units per acre) | $1,045.64 | $492.88 | $1,538.52 |
| Hotel/Motel Fee | $752.86 | $354.87 | $1,107.73 |
The Council-adopted parkland dedication fee schedule is updated annually, and will take affect October 1. The updates account for the changing value of parkland and park amenities, as required by City Code. The value of land in the City has increased recently, affecting the cost to purchase new parkland. The latest fee update reflects the moving average of purchasing parkland over the past five years. Parkland dedication fees are issued according to the time of review approval, and may be updated so long as the requirement has yet to be satisfied (prior to approval for developments currently in review). All unpaid fees will be adjusted accordingly on September 30.
| 2022 Fees | Fee In-Lieu of Land | Park Development Fee | Total Fee per Unit | |
|---|---|---|---|---|
| Low Density Fee (Less than 6 units per acres) | $4,796.51 | $867.16 | $5,663.67 | |
| Medium Density Fee (6 to 12 units per acres) | $3,768.69 | $681.34 | $4,450.03 | |
| High Density Fee (more than 12 units per acre) | $2,912.17 | $526.49 | $3,438.66 | |
| Hotel/Moten Density | $1,252.23 | $226.39 | $1,478.62 |
Link to adopted list of fees (on Page 173-722)
Early Determinations
A Parkland Early Determination (PED) is a process which allows the Parks and Recreation Department (PARD) to review a project early to determine parkland requirements: land dedication; payment of a fee in-lieu; or a combination of fee and land. This process and the resulting document are required as part of any subdivision application, with the exception of a Project Assessment (these will have a PED generated as part of the review).
A PED is required for all subdivision completeness check submittals. There is no fee for a PED, and the process takes approximately two weeks to complete. It is recommended that this request be submitted to PARD at least three (3) weeks prior to submittal for completeness check. At the conclusion of the review you will receive a signed letter from PARD that will indicate parkland requirements for the proposed project. This letter will be required to enter into the completeness check process for your proposed subdivision.
To receive a PED, simply email documents that contain the following information to Parkland.dedication@austintexas.gov
- Owner/Applicant Name; Owner consent letter, stating that the owner is aware and gives permission for PARD to research their property
- Phone and email contact
- Site address
- Size in Acres
- Number of Residential (or Hotel) Units
- Existing Units
- Proposed Market Rate Units
- Proposed Certified Affordable Units
- Information on any recent or ongoing zoning cases, restrictive covenants, neighborhood or regulating plans on the property
- Map(s) with as much of the following as is available:
- Site location
- Location and size of any CEFs and setbacks existing on the site
- Concept site plan or site layout if you have one already prepared
- Location of all existing and proposed:
- structures; (b) above and in-ground utilities; (c) public and private easements; (d) floodplain, creek buffers or CWQZs
- Walking distances measured along sidewalks in feet to nearby parks
Parkland Dedication Fee in Lieu and Development Fee Collection and Expenditure Information are available at Parkland Dedication Expenditures
