New Commercial Parkland Dedication Ordinance

One of the Austin's growth tenets is to provide parks and open space close to where people live, work and play. Currently, Austin’s residential Parkland Dedication Ordinance accounts for where people live by requiring new single-family, multi-family, and hotel developments to dedicate parkland or pay fees in-lieu of dedication, but not where they work and play -- the impact of commercial developments. A new Commercial Parkland Dedication (Commercial PLD) Ordinance would enact new requirements for parkland dedication or fee-in-lieu of parkland dedication to commercial developments.

Provide your feedback until July 10th in our Community Survey and Community Forums: Park Amenities and Impact of Parkland on You
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Provide feedback and request more information at pld.commercial@austintexas.gov


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:

  1. a calculation to determine dedication requirements and;
  2. adherence to the Nexus Principal and;
  3. 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.

 

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 2022

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/Motel Density $1,252.23 $226.39 $1,478.62  

 

DRAFT PROPOSED Parkland Dedication Fees for 2023:  Parkland Fee Calculation Methodology 2023 to be reviewed by City Council this budget session August 17th - 19th

 

Proposed 2023 Fees Fee In-Lieu of Land Park Development Fee Total Fee per Unit
Low Density Fee (Less than 6 units per acres) $10,587.70 $985.18 $11,572.88
Medium Density Fee (6 to 12 units per acres) $8,318.90 $774.07 $9,092.97
High Density Fee (more than 12 units per acre) $6,428.24 $598.15 $7,026.39
Hotel/Motel Density $4,011.22 $373.24 $4,384.47

Link to adopted list of fees (on Page 794)

Link to adopting Ordinance

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, complete the request form provided in the link below.

austintexas.gov/PEDRequest

An owner consent letter granting permission for PARD to research the property is required to complete the form as well as providing basic facts about the project such as the location, proposed use, and proposed number of new residential units. Additional fields allow you to provide more context to the request, such as any related cases (zoning, PUD ordinances, neighborhood plans, etc) or a preliminary concept plan of the proposed development.

After completion of the form, you will receive an email confirmation that the form was submitted and received by PARD.

If at any point you have a question about your request or how to complete the form, please contact us at parkland.dedication@austintexas.gov.

Parkland Dedication Fee in Lieu and Development Fee Collection and Expenditure Information are available at  Parkland Dedication Expenditures