Parkland Dedication.

Austin City Code tit. 30, ch. 30-2, art. 3, div. 5

in effect

Austin City Code § 30-2-211 DEFINITIONS.

§ 30-2-211 - DEFINITIONS. In this division: (1) DIRECTOR, when used without a qualifier, means: (a) if the city is the park service provider, the director of the city's Parks and Recreation Department; or (b) if the county is the park service provider, the county executive. (2) PARK SERVICE PROVIDER means the city or the county, as determined by Section 30-2-212 (Park Service Provider Determination). Source: City/County subdivision agreement; County Code Section 82.208; Ord. 031211-11; Ord. 031211-42; Ord. 20120524-130.

Austin City Code § 30-2-212 PARK SERVICE PROVIDER DETERMINATION.

§ 30-2-212 - PARK SERVICE PROVIDER DETERMINATION. (A) A determination of whether the city or the county is the park service provider is based on the earlier of: (1) the date an application for preliminary plan approval is filed; or (2) the date an application for final plat approval is filed. (B) The governmental body that has a park nearest to the proposed subdivision is the park service provider, unless the managing officials agree otherwise. Source: City/County subdivision agreement; County Code Section 82.208; Ord. 031211-11; Ord. 031211-42.

Austin City Code § 30-2-213 APPLICABILITY.

§ 30-2-213 - APPLICABILITY. (A) The parkland dedication requirements of this division apply to all residential subdivisions, except as provided in Subsection (B). (B) The following are exempt from the requirements of this part: (1) a plat with not more than four single-family lots that may be approved without a preliminary plan; (2) a resubdivision of land that does not increase the number of dwelling units; (3) a subdivision for which a preliminary plan was approved after June 30, 1984 and before July 8, 1985; and (4) if the city is the park service provider, a subdivision of land within a municipal utility district that has a consent agreement and land use plan approved by the city that provides for the dedication of parkland or recreational facilities or the payment of fees instead of dedication of the parkland or facilities. Source: City Code Section 25-4-211; County Code Section 82.208; Ord. 031211-11; Ord. 031211-42.

Austin City Code § 30-2-214 DEDICATION OF PARKLAND REQUIRED.

§ 30-2-214 - DEDICATION OF PARKLAND REQUIRED. (A) A subdivider of a residential subdivision shall provide for the parkland needs of the residents by the dedication of suitable land for park and recreational purposes under this division. (B) The area to be dedicated must be shown on the preliminary plan and the plat and included in the dedication statement. The subdivider shall dedicate to the park service provider all parkland required by this division when a plat is approved. (C) The amount of parkland required to be dedicated by the subdivider to the park service provider is five acres for every 1,000 residents, as determined by the following formula: [image omitted; see the official code] (D) In calculating the amount of parkland to be dedicated under this section, the number of residents in each dwelling unit is based on density as follows: Dwelling Units Per Acre | Residents In Each Dwelling Unit Not more than 6 | 2.8 Dwelling Units Per Acre | Residents In Each Dwelling Unit More than 6 and not more than 12 | 2.2 More than 12 | 1.7 (E) In calculating the amount of parkland to be dedicated under this section, density for a multifamily subdivision is assumed to be the highest permitted in the zoning district, or if the property is not zoned, 24 dwelling units per acre. The subdivider may reduce the assumed density by restricting density in a restrictive covenant enforceable by the park service provider and approved by the park service provider's attorney. Source: City Code Section 25-4-212; County Code Section 82.208; Ord. 031211-11; Ord. 031211-42.

Austin City Code § 30-2-215 STANDARDS FOR DEDICATED PARKLAND.

§ 30-2-215 - STANDARDS FOR DEDICATED PARKLAND. (A) Land to be dedicated as parkland must comply with the standards in the Administrative Criteria Manual and this section, and if the city is the park service provider, the comprehensive plan and the Park And Recreation Action Plan. (B) The director shall determine whether land offered for dedication complies with the standards for dedication. (C) Fifty percent of acreage in the 100-year floodplain that is dedicated as parkland may be credited toward fulfilling the requirements of this part if the adjoining land within the 25-year floodplain, if any, is also dedicated as parkland. The land within the 25-year floodplain may not be credited toward fulfilling the requirements of this part. (D) Land identified on the Critical Areas Map maintained by the Watershed Protection and Development Review Department that does not otherwise comply with the standards for parkland dedication may be accepted as dedicated parkland if the director determines that the land will provide recreational or educational opportunities for the surrounding community. In this event, 50 percent of the acreage may be credited toward fulfilling the requirements of this part. Source: City Code Section 25-4-213; Ord. 031211-11; Ord. 031211-42.

Austin City Code § 30-2-216 PRIVATE PARKLAND.

§ 30-2-216 - PRIVATE PARKLAND. (A) The director may allow up to a 50 percent credit toward fulfilling the requirements of this part for privately owned and maintained park and recreational facilities that are for use by the residents of a subdivision. (B) If the city is the park service provider, the director may allow up to a 100 percent credit toward fulfilling the requirements of this part for private parkland in a subdivision located outside the city limits, if the subdivider agrees to dedicate the private parkland to the city when the city annexes the subdivision for all purposes. (C) Private parkland excludes yards, setback areas, and open spaces required by this title. Source: City Code Section 25-4-214; County Code Section 82.208; Ord. 031211-11; Ord. 031211-42.

Austin City Code § 30-2-217 PAYMENT INSTEAD OF LAND.

§ 30-2-217 - PAYMENT INSTEAD OF LAND. (A) The director may require a subdivider to deposit with the park service provider a cash payment or fiscal security instead of the dedication of parkland if: (1) less than six acres is required to be dedicated; or (2) the land available for dedication does not comply with the standards for dedication. (B) A deposit is calculated by multiplying the number of acres of parkland required to be dedicated by the average value of an acre of land in the subdivision. The average value of an acre of land in the subdivision is calculated by dividing the fair market value of the land in the subdivision by the number of acres in the subdivision. To make this calculation, the subdivider may select one of the following fair market value determinations: (1) the current fair market value of the land as shown on the records of the tax appraisal district; (2) the current fair market value of the land as determined by a qualified real estate appraiser at the subdivider's expense, if the director approves the appraiser and certifies that the appraisal fairly reflects the land value; or (3) the current fair market value of the land as determined by a qualified real estate appraiser employed by the park service provider. (C) A deposit must be placed in the park service provider's park improvement fund. The deposit must be used for the acquisition or improvement of parks that will benefit the residents of the subdivision and that are located in the service area defined by the park service provider. (D) The park service provider shall expend a deposit within five years from the date it is received. This period is extended by five years if, at the expiration of the initial five year period, less than 50 percent of the residential units in the subdivision have been constructed. (E) If the park service provider does not expend a deposit by the deadline described in Subsection (D), and the actual number of residential units constructed is less than the number assumed at the time the deposit was calculated, the owner may request a refund. The request must be in writing and filed with the director not later than 180 days after the expiration of the time period described in Subsection (D). A refund is calculated by multiplying the percentage of the reduction in the number of residential units times the amount of the deposit. A refund may not exceed the unexpended amount of a deposit. Source: City Code Section 25-4-215; County Code Section 82.208; Ord. 031211-11; Ord. 031211-42.

Austin City Code § 30-2-218 SUBMITTAL REQUIREMENTS.

§ 30-2-218 - SUBMITTAL REQUIREMENTS. The single office may request that the subdivider provide information relating to proposed parkland to determine whether the proposed parkland complies with this division. Source: City Code Section 25-4-216; County Code Section 82.208; Ord. 031211-11; Ord. 031211-42; Ord. No. 20230831-142, Pt. 36, 9-1-23.

Source: City of Austin, City Code and City Charter (Municode Library, library.municode.com)URL: https://library.municode.com/tx/austin/codes/code_of_ordinances?nodeId=TIT30AUTRCOSURE_CH30-2SURE_ART3PLRE_DIV5PADEFetched: 10/27/2026