Fees in lieu of land dedication.
Houston Code of Ordinances § 42-253
in effectSec. 42-253. - Fees in lieu of land dedication.
(a) In some instances, the parks director may require the developer to pay fees in lieu of dedicating land. In making this determination, the parks director shall consider the following factors:
(1) Whether sufficient parkland and open space exists in the area of the proposed development; and
(2) Whether recreation potential for an area would be better served by expanding or improving existing parks, by adding land or additional recreational amenities.
The parks director shall notify the developer in writing of the park director's decision to require a fee in lieu of dedication and the reason for the decision. The developer shall be entitled to appeal the park director's decision to the commission.
(b) The dedication requirement shall be met by a payment in lieu of land dedication at a specified dollar amount per dwelling unit determined annually pursuant to this section. Cash payments may be used only for acquisition or improvement of park land and facilities located within the same park sector as the development. Fees may be applied to any type of park site or improvement within the sector in accordance with park department prioritization.
(c) The initial fee in lieu of dedication shall be $700.00 per dwelling unit. Each year following certification of the city's tax roll, the director and the parks director shall report to the commission on the amount of fees in lieu of dedication received, expended or encumbered during the preceding 12 months. The report shall also include an analysis of changes in the taxable value of land within the city as certified by each respective county appraisal district. The director and the parks director may recommend an increase in the fee in lieu of dedication based on increases in appraised value. The commission shall review the report, conduct a public hearing on any recommended increase in the fee in lieu of dedication, and issue a final report. The commission shall file its report, which shall advise of any need to increase the fee in lieu of dedication, with the city council. The fee in lieu of dedication shall thereafter, upon approval by the city council, be the amount stated for this provision in the city fee schedule.
(Ord. No. 2013-343, § 3(Exh. A), 4-24-2013)
Source: City of Houston, Code of Ordinances and City Charter (Municode Library, library.municode.com)URL: https://library.municode.com/tx/houston/codes/code_of_ordinances?nodeId=COOR_CH42SUDEPL_ARTIIIPLST_DIV7PAPRPA_S42-253FELILADEFetched: 10/26/2026
