A. 
Purpose. The purpose of this section is to conserve, protect, and enhance existing healthy and safe trees and natural landscape.
B. 
Applicability and Exemptions.
1. 
The provisions of this section are applicable to the following:
a. 
All new residential and nonresidential development within the City limits or its ETJ including public property.
b. 
Redevelopment of any residential or nonresidential property within the City limits or its ETJ that results in an increase in the building footprint or the total destruction and reconstruction.
c. 
Any proposed removal of a Protected, Signature, or Heritage Tree (as defined in C. Tree Preservation) within the City limits or its ETJ including public property.
2. 
Trees located within the area of a proposed on-site sewage facility (OSSF) if authorized by the City Engineer are subject to the Tree Mitigation requirement but are exempt from the Tree Removal Permit requirement.
3. 
Trees located within a Right-of-Way or drainage easement dedicated to and maintained by the City are exempt from the Tree Preservation requirement.
4. 
Exempted Trees.
a. 
A dead or diseased tree, which is deemed beyond the point of recovery and at risk of spreading the disease, as determined by a certified arborist;
b. 
A tree that is deemed to be a threat to public health, safety or welfare, as determined by a certified arborist who has attained the ISA Tree Risk Assessment Qualification (TRAQ). The certified arborist shall submit a letter to the city within ten (10) days of the removal of the tree documenting the reasons for removal;
c. 
Trees planted and growing on the premises for sale at a nursery; or
d. 
The tree species indicated in Table 1.
Table 1. Exempted Trees
Common Name
Scientific Name
Hackberry
Celtis occidentalis
Eastern Red Cedar
Juniperus virginiana
Common Ashe Juniper
Juniperis ashei
Chinaberry
Melia azedarach
Mesquite
Prosopis spp.
Ligustrum
Ligustrum spp.
Chinese Tallow
Triadica sebifera
Bradford Pear
Pyrus calleryana
C. 
Tree Preservation.
1. 
Protected Tree. Trees between eight (8) and twenty (20) Caliper inches are designated as "Protected Trees." Any Protected Trees not exempt from preservation in subsection B.4 above may be removed upon approval of a Tree Removal Permit by the Development Services Director. Any decision of the Development Services Director regarding a Tree Removal Permit may be appealed to the Board of Adjustment.
2. 
Signature Tree. Trees between twenty (20) and thirty (30) Caliper inches are designated as "Signature Trees." Any Signature Trees not exempt from preservation in subsection B.4 above may be removed upon approval of a Tree Removal Permit by the Planning and Zoning Commission. Any decision of the Planning and Zoning Commission regarding a Tree Removal Permit may be appealed to the City Council.
3. 
Heritage Tree. Trees of thirty (30) Caliper inches or greater are designated as "Heritage Trees." Any Heritage Trees not exempt from preservation in subsection B.4 above may only be removed upon approval of a Tree Removal Permit by the City Council following a public hearing. To issue a Tree Removal Permit, the City Council must find that no other alternatives for viable site development are possible and that the proposed removal is the minimum necessary relief required to allow for development on the property in a reasonable manner.
D. 
Tree Mitigation. Any trees that are removed or damaged as a result of the approval of a Tree Removal Permit or under the provisions of subsection B.4 above shall be mitigated for on the same site as the proposed development, in addition to landscape requirements. In the event that mitigation is not feasible on the same site as the proposed development, an Applicant may request to donate trees, meeting the mitigation requirements of this section, to be planted at public parks, schools, or other approved public facilities throughout the City or provide a fee in lieu of payment which will be used to place trees at public parks, schools, or other approved public facilities throughout the City.
1. 
Protected Trees. Protected Trees shall be mitigated at a one-to-one (1:1) Caliper inch ratio for every tree removed. Replacement trees shall have a minimum Caliper of three (3) inches.
2. 
Signature Trees. Signature Trees shall be mitigated at a three-to-one (3:1) Caliper inch ratio for every tree removed. Replacement trees shall have a minimum Caliper of three (3) inches.
3. 
Heritage Trees. Heritage Trees shall be mitigated at a four-to-one (4:1) Caliper inch ratio for every tree removed. Replacement trees shall have a minimum Caliper of five (5) inches.
4. 
Fee In Lieu of Tree Mitigation.
a. 
The fee paid shall be in conformance with the City adopted Fee Schedule. Approval process for Fee in lieu request shall be consistent with subsection C above.
b. 
If alternate fees proposed, the fee shall be equal to the cost of the replacement trees and shall include the installation or planting cost. The Applicant shall submit a written estimate from a nursery as verification of the cost.
c. 
The fee in lieu option is available for only the following cases:
i. 
If the proposed subdivision is heavily treed and the existing tree canopy would prohibit the growth of the replacement trees, or
ii. 
If the required replacement trees were to be installed, then the replacement trees would be planted under the canopy of an existing tree.
5. 
Limitations of Species and Placement. The Development Services Director is authorized to limit species and placement to protect aboveground and underground infrastructure.
E. 
Tree Preservation Credits. Protected Trees, Signature Trees, and Heritage Trees may be counted toward landscape requirements contained in section 2.09.01, Landscaping.
1. 
Protected Trees may be counted as one (1) Shade Tree.
2. 
Signature Trees may be counted as three (3) Shade Trees.
3. 
Heritage Trees may be counted as five (5) Shade Trees.
F. 
Tree Removal Permit and Tree Preservation Plan.
1. 
A Tree Removal Permit is required for the removal of any tree not exempted in subsection B above.
2. 
An Applicant for a Tree Removal Permit shall be submitted with any Site Plan Application that proposes the removal of any trees.
3. 
For new development or redevelopment, the Application shall contain a Tree Preservation Plan showing the following:
a. 
Existing/proposed topography.
b. 
Location of property lines, easement, rights of ways, setbacks, parking areas, and sidewalks.
c. 
Location, species, size (in caliper inches), and Critical Root Zone of each Protected Tree, Signature Tree, and Heritage Tree, except those trees exempted by subsection B.4 above.
d. 
A tree inventory that summarizes the following:
i. 
Total number of Caliper inches on the site.
ii. 
Total number of Caliper inches to be removed.
iii. 
Total number of Caliper inches to be preserved.
iv. 
Location of any proposed tree mitigation.
v. 
Any proposed tree preservation credits.
vi. 
A summary of the tree protection methods to be utilized.
e. 
For removal of Protected, Signature, and Heritage trees not associated with development located on private or public property, a tree removal permit must be requested in writing to the Development Services Director on an approved form that includes the type of tree to be removed, the tree size, the reason for the removal, and any proposed mitigation actions.
f. 
The city will determine whether the permit application is complete and notify the applicant of that determination no later than 10 days after the date the city receives the permit application.
G. 
Removal of a Protected Tree, Signature Tree, or Heritage Tree without a Tree Removal Permit. Any Protected Tree, Signature Tree, or Heritage Tree that is damaged or removed without a Tree Removal Permit, including those damaged during construction or within two (2) years following issuance of a Certificate of Occupancy, shall be subject to the following penalties:
1. 
Fine equivalent to three (3) times the cost of replacement trees, including installation or planting cost, and
2. 
Mitigation of the removed tree(s) in accordance with subsection D, Tree Mitigation, and
3. 
Indefinite conservation of the area in which the tree was located and the tree's Critical Root Zone.
H. 
Additional Provisions for Arbor Disease Centers. If project location is within one-half (1/2) mile of a documented arbor disease center according to the Texas Forest Service, then the Development Services Director is authorized to prescribe and restrict tree species use in landscaping or mitigation.
I. 
Tree Care for Protected Tree, Signature Tree, or Heritage Tree.
1. 
Disease Control: To prevent the spread of Oak Wilt, trimming of oak trees is not permitted between February 1 through July 1 unless performed by an Arborist. Any outbreaks of Oak Wilt should be reported to the Director.
2. 
Critical Root Zone Protection: Each Protected Tree, Signature Tree, or Heritage Tree shall have a Critical Root Zone surrounding the tree, measured at the drip line.
a. 
The following activities are prohibited in the Critical Root Zone without prior approval of the City per subsection I.c:
i. 
Storage or parking vehicles, building materials, refuse, excavated spoils or dumping of poisonous or hazardous materials on or around tree and roots. Poisonous or hazardous materials include, but are not limited to, paint, petroleum products, concrete or stucco mix, dirty water or any other material which may be harmful to tree health;
ii. 
Cutting of tree roots by utility trenching, foundation digging, placement of curbs and trenches and other miscellaneous excavation;
iii. 
Soil disturbance or grade change;
iv. 
Impervious paving;
v. 
Vehicular traffic; and
vi. 
Drainage changes.
b. 
Protection of public trees during construction. Any person, firm, corporation, or city department performing construction in the area of any public tree must employ appropriate measures to protect the tree, including, but not limited to, placing barriers around the tree to prevent any damage.
i. 
All trees shall be protected by a fence, frame, or box constructed around the drip line of the preserved tree.
ii. 
A minimum of three (3) inches of mulch or compost shall be spread beneath the drip line of the preserved tree unless other recommendations are made by an Arborist.
iii. 
No person shall excavate any ditches, tunnels or trenches, place any paving material or place any drive or parking area within the drip line of any Protected Tree, Signature Tree, or Heritage Tree without prior written approval of the Development Services Director at the time of Site Plan approval.
iv. 
No person shall attach any rope, wire, nails, advertising posters, or other contrivance to any Protected Tree, Signature Tree, or Heritage Tree.
v. 
The use of any part of a tree as a winch support, anchorage, temporary power pole, sign post, or other similar function is prohibited.
c. 
In order to obtain approval from the City, applicants must provide a letter from a certified Arborist providing a detailed plan for mitigation of any potential impacts of work or development within the Critical Root Zone.
i. 
Letter from the Arborist will be included in any permit approvals. Proposed work will be subject to inspections based on Arborists recommended plan.
3. 
Trees in public spaces.
a. 
Authority and Power.
i. 
Delegation of authority and responsibility. The Development Services Director and/or his designee shall have the authority and responsibility to plant, prune, maintain and remove trees and woody plants growing upon on city streets, rights-of-ways, city parks, and other public property. This shall include the removal of trees that may threaten electrical, telephone, gas, or any municipal water or sewer line, or any tree that is affected by fungus, insect, or other pest disease.
ii. 
Coordination among city departments. All city departments will coordinate as necessary with the Director and will provide services as required to ensure compliance with this Ordinance as it relates to streets, alleys, rights-of-way, drainage, easements and other public properties not under direct jurisdiction of the Director.
iii. 
Interference. No person shall hinder, prevent, delay, or interfere with the Director or his agents while engaged in carrying out the execution or enforcement of this Ordinance.
b. 
Tree advisory board. The Parks Commission shall act as the Tree Advisory Board for matters related to trees located in public spaces. Duties include promotion of Arbor Day activities, coordination of tree planting and maintenance on city property, support public awareness and education programs related to trees, review city department concerns related to tree care, submit an annual report on activities to the City Council, assist with annual application for the Tree City USA designation, develop a list of recommended trees for planting on city property, and other duties that may be assigned by the City Council.
c. 
Tree planting and care standards.
i. 
Standards. All planting and maintenance of public trees shall conform to the American National Standards Institute (ANSI) A-300 "Standards for Tree Care Operations" and shall follow all tree care Best Management Practices (BMPs) published by the International Society of Arboriculture.
ii. 
Requirements of franchise utility companies. Franchise utility companies shall provide advance notice to the City of their intended non-emergency tree pruning schedule and location of impacted areas. The maintenance of public trees for utility clearance shall conform to all applicable utility industry standards and be completed with qualified line clearance tree trimmers. If in the course of non-emergency tree planning it is determined by a certified arborist that the pruning of a tree will be detrimental to the health and safety of the tree, the franchise shall provide a written assessment and recommendation for the tree to the Development Services Director. This assessment will list all viable and reasonable alternatives. If no viable solution can be reached, the tree will be made safe and left in place. If the tree later dies, the franchise will not be held liable to mitigate the tree if ANSI A-300 standards were followed to trim the tree.
iii. 
Tree species list. The Director shall develop and maintain an official list of desirable tree species for planting on public property in two size classes: Ornamental (20 feet or less in height at maturity) and Shade (greater than 20 feet at maturity). Only trees from this approved list may be planted without written approval from the Director.
iv. 
Planting distances. The Director shall develop and maintain an official set of spacing requirements for the planting of trees on public property. No tree may be planted within the visibility triangle of a street intersection or within ten (10) feet of a fire hydrant.
v. 
Planting trees under electric utility lines. Only trees listed as Ornamental trees on the official city tree species list may be planted under or within fifteen (15) lateral feet of any overhead utility wire. No trees shall be planted within ten (10) feet of ground utility boxes.
vi. 
Protection of public trees during construction. Any person, firm, corporation, or city department performing construction in the area of any public tree must employ appropriate measures to protect the tree, including, but not limited to, placing barriers around the tree to prevent any damage.
d. 
Adjacent owner responsibility.
i. 
The owner of land adjacent to any city street or highway may plant and maintain trees in the adjacent parkway area. Property owners are responsible for the reasonable and routine maintenance of trees and other landscaping in the adjacent parkway area.
ii. 
No property owner shall allow a tree, or other plant growing on his or her property or within the adjacent parkway to obstruct or interfere with pedestrians or the view of drivers, and emergency vehicles, thereby creating a hazard. If an obstruction persists, the Director shall notify the property owner to prune or remove the tree or plant. If the owner fails to comply with the notice, the City may undertake the necessary work and charge the cost to the property owner.
e. 
Prohibition against harming public trees.
i. 
It shall be unlawful for any person, firm or corporation to damage, remove, or cause the damage or removal of a tree on public property without written permission from the Director.
ii. 
It shall be unlawful for any person, firm or corporation to attach any cable, wire or signs or any other object to any street, park, or public tree unless the City's Arborist reports that it will not negatively impact the tree and with approval by the Director.
iii. 
It shall be unlawful for any person, firm or corporation to "top" any public tree. Trees severely damaged by storms or other causes, where best pruning practices are impractical may be exempted from this provision at the determination of the Director.
J. 
Certain trees declared a nuisance. Any tree, or limb thereof, on public or private property determined by the Director to have contracted a lethal, communicable disease or insect; to be dead or dying; to obstruct the view of traffic signs or the free passage of pedestrians or vehicles; or that threatens public health, safety, and welfare is declared a nuisance and the City may require its treatment or removal. Private property owners have the duty, at their own expense, to remove or treat nuisance trees on their property. The City may remove such trees at the owner's expense if the owner does not comply with treatment and/or removal as specified by the Director within the written notification period.
(Ordinance 2017-13 adopted 10/2/2017; Ordinance 2019-24 adopted 12/3/2019; Ordinance 2022-24 adopted 9/20/2022; Ordinance 2022-34 adopted 12/6/2022; Ordinance 2025-47 adopted 10/8/2025)
A. 
Purpose. The purpose of this Section is to provide for the adequate provision of park land and a connected trail network to meet the needs of a growing citizen population. These requirements may include easements, land dedication, or a fee in lieu of payment for the acquisition and development of public park land.
B. 
Applicability.
1. 
Park Land Dedication and Park Improvement Requirements. The park land dedication and park improvement requirements of this Section shall apply to every residential subdivision developed in the City or ETJ under the provisions of this Code, with the following exceptions.
a. 
Applications Filed prior to Adoption of this Code.
i. 
The park land dedication requirements and payment of fees in lieu of park land dedication requirement shall not apply to an Application for approval of a Preliminary Plat or Final Plat for a residential subdivision that was initially filed before the effective date of this Code, and which plat has not expired.
ii. 
In such cases, other preexisting ordinances of the City pertaining to park land dedication shall nonetheless apply.
iii. 
For all plat Applications for a residential subdivision filed after the effective date of this Code, park land dedication or improvement requirements for park facilities shall be imposed at the time of Preliminary Plat approval.
iv. 
Requirements for park improvement fees set forth in this Section shall not apply to any Application for approval of a Preliminary Plat or Final Plat for a residential subdivision that was initially filed before the effective date of this Code, and which plat has not expired.
b. 
No Increase in the Number of Dwelling Units.
i. 
Following initial imposition and satisfaction of park dedication and improvement requirements, additional requirements shall apply to revised plat Applications for residential subdivisions only if such revised or renewed Application results in an increase in the number of dwelling units.
ii. 
In such case, park dedication requirements then in effect shall apply only to the additional dwelling units proposed in the Application.
c. 
Residential Applicability.
i. 
Single family developments less than ten (10) dwelling units in size shall not be required to dedicate park land.
ii. 
Multifamily developments less than five (5) dwelling units in size shall not be required to dedicate park land.
2. 
Trail Dedication and Trail Improvement Requirements. Trails are considered an integral part of the City of Buda's transportation system, consistent with the City of Buda Comprehensive Plan, Parks and Trails Master Plan, and Transportation Master Plan. The trail dedication and improvement requirements of this Section shall apply to every subdivision and commercial development under the provisions of this Code, regardless of use.
C. 
Submittal Requirements and Approval Process.
1. 
General Parks or Trails Plan. Prior to submittal of a Preliminary Plat, a General Parks or Trails Plan shall be submitted and shall contain, at a minimum, the following information:
a. 
Location and size of any proposed parks or trails to be dedicated to the public or to be retained as private park land.
b. 
A statement of the suitability of the park land or trails in meeting the criteria in subsection E below.
c. 
A general park development or trails plan including any proposed improvements.
d. 
A phasing plan.
2. 
Detailed Parks or Trails Plan. Prior to submittal of a Final Plat, a Detailed Parks or Trails Plan shall be submitted and shall contain, at a minimum, the following information:
a. 
Location and size of proposed park or trails.
b. 
A statement of the suitability of the park land or trails in meeting the criteria in subsection E below.
c. 
A detailed plan of any proposed improvements, including cost.
d. 
A site plan meeting the requirements of section 2.10.07, Site Plans.
3. 
Parks and Recreation Commission Recommendation. The Parks and Recreation Commission shall make recommendations based upon the Comprehensive Plan or Parks and Recreation Master Plan as adopted by the City, and the standards and provisions contained herein, to the Planning and Zoning Commission and City Council concerning the amount and location of park land and fees in lieu of park land dedication.
4. 
Planning and Zoning Commission Recommendation. The Planning and Zoning Commission shall make recommendations based upon the Comprehensive Plan or Parks and Recreation Master Plan as adopted by the City, and the standards and provisions contained herein, to the City Council concerning the amount and location of park land and fees in lieu of park land dedication.
5. 
City Council Approval. The City Council shall have final authority on all matters related to park dedication, park development, trail dedication, and trail development.
D. 
Requirements for Park Land Dedication.
1. 
The subdivision of any parcel or tract of land into a residential subdivision within the City limits or ETJ shall require the subdivider to set aside and dedicate sufficient and suitable lands for the purpose of a park or make an in lieu financial contribution for the acquisition or development of park land in accordance with the provisions of this section.
a. 
No area or facility shall be dedicated for park land purposes unless approved and accepted by the City.
b. 
Subject to the City Council's determination, park land should be located to serve the greatest number of homes, limit the need to cross Arterials, and provide access to trails when applicable.
c. 
All subdivisions of land subject to the requirements of this Code shall conform to the most recent edition of the Comprehensive Plan or any specific Parks and Recreation Plan adopted by the City, which may supersede the Comprehensive Plan.
d. 
All subdivisions of land receiving Final Plat, or alternative form plat, approval based on this Code shall conform to the requirements of this Section. As advised by the Parks and Recreation Commission and the Planning and Zoning Commission, the City Council and subdivider may negotiate the combination of park land dedication, payment of fees in lieu of required park land, or any combination thereof, to satisfy these requirements.
e. 
For the purpose of these park land dedication requirements, public park land shall be defined as "Any noncommercial, not for profit area that predominately consists of open space areas designed to meet the active or passive recreational needs of the public and is owned, operated and maintained by the City."
f. 
For the purpose of these park land dedication requirements, private park land shall be defined as "Any tract of land owned, operated and maintained by a homeowner's association, property owner's association, developer or other private entity that provides active or passive recreation to a specific area, neighborhood or group of individuals and is not available to the general public for recreational use."
2. 
Formula for Calculating Area of Park Land. The acreage to be donated prior to Final Plat approval by the City Council of any residential subdivision shall be pro-rated in accordance with Table 42. Park Land Dedication Requirements.
Table 42. Park Land Dedication Requirements
Single Family, Duplex, and Multifamily
1 acre per 50 dwelling units
Less than 10 Single Family Units; or Less than 5 Multifamily Units
None
3. 
Fee In Lieu of Park Land Dedication.
a. 
The City may allow, at its option, to accept the payment of a fee in lieu of park land dedication or a combination of park land dedication and fees in lieu, in order to satisfy the requirements of this Section.
b. 
Any proposed subdivision located within the ETJ shall be required to pay a fee in lieu of park land dedication. For developments within the City's ETJ, the City, at its sole discretion, may accept private park land to satisfy all or a portion of the dedication requirements.
c. 
Where the fee in lieu of park land is required or acceptable to City Council as provided for in this Code, such fee shall be in conformance with the City adopted Fee Schedule.
d. 
The appropriate fee shall be imposed by the City at the time of approval of the Preliminary Plat and shall be paid prior to the release by the City of each Final Plat for filing in the deed records of Hays County.
e. 
The City shall reserve the fees contributed in lieu of park land dedication in a separate account from the general funds of the City, along with any accrued interest, and shall proceed to complete acquisition or improvement of park land. All fees collected in lieu of park land dedication shall be expended in on a first in, first out basis.
i. 
If any or all of the funds are not spent for such purposes within ten (10) years from the date that they are collected, the subdivider shall have the right to request repayment by the City and the City shall refund the principal amount of all unexpended funds that were collected from the subdivider.
4. 
Park Land Dedication Credits.
a. 
Full Credit for Public Parks. All park land and improvements thereto shall be dedicated to the public unless credit for private park land is given consistent with the criteria set forth below and approved by the City. All residents of and the City, its ETJ, and the owners of lots within the subdivision in which park land is dedicated or fees in lieu are contributed shall have the same rights and privileges to use City park land and facilities once the park land dedications are made or fees are paid to the City.
b. 
Partial Credit Considered for Certain Private Parks. The City may, at its sole discretion, give partial credit to the subdivider where a substantial private park and recreational area is provided in a proposed residential subdivision. Such credit shall not exceed fifty (50) percent of the total acreage requirements for park land dedication and funding requirements for park improvement as set forth in this Section. In order to allow credit for private park land, the City must find that it is in the public interest to do so and that all the following standards are met.
i. 
That yards, court areas, setbacks, and other open areas required to be maintained by the rules and regulations of the City shall not be included in the computation of such private recreational open space;
ii. 
That the private ownership and maintenance of the open space and facilities is adequately provided for by recorded agreement, covenants, or restrictions;
iii. 
That the use of the private open space is restricted for park and recreation purposes by recorded covenant, which runs with the land in favor of future owners of the property and which cannot be defeated or eliminated without the written consent of the City or its successors;
iv. 
That the proposed private open space is reasonably adaptable for use for park and recreational purposes, consistent with the park land design requirements specified in this section of the Code. Private swimming pools operated and maintained by an HOA shall not be considered as meeting the requirements of this section;
v. 
That the facilities proposed for the private open space are in substantial accordance with the provisions of the Comprehensive Plan, Parks and Recreation Plan, and other adopted plans of the City;
vi. 
That the private open space for which partial credit is given is a minimum of five (5) acres and provides a minimum of $30,000 per acre or portion thereof in park and recreation improvements, subject to the approval of the City, and that assurance is provided in a form acceptable to the City that the proposed dedication of land and improvements will be completed in a timely manner; and
vii. 
That, in addition to the private park land and improvements provided, there is an amount of public open space and improvements provided or a proportional amount of fees in lieu of dedicated park land and improvements provided in compliance with the park land design requirements and improvement requirements specified in subsections D and E below.
c. 
Partial Credit Considered for Certain Site Requirements. In the case of areas that do not meet the grade, slope, or other requirements for park land dedication found in this section, but that are known to contain sensitive environmental features, the City may, at its discretion and after review by the Parks and Recreation Commission, modify these standards subject to the following limitations:
i. 
That such areas shall provide recreational or educational opportunities for the surrounding community in lieu of park land dedication;
ii. 
That such areas shall be given a partial credit against the requirement of land dedication or payment of fees.
iii. 
Such credit shall not exceed fifty (50) percent of the total acreage requirements for park land dedication and funding requirements for park improvement as set forth in this Section.
iv. 
That such areas shall meet any additional standards deemed necessary by the City Council after a recommendation by the Parks and Recreation Commission, pertaining to the dedication of land containing sensitive environmental features.
d. 
The City shall have full discretion to consider, approve, or deny any request for credits as set forth in this Section. The Parks and Recreation Commission shall consider and make recommendations to the City Council on any such request.
5. 
Park Land Dedication Methodology. For the purpose of this Chapter, the following park land dedication calculations reflect the maximum possible land dedication and fee in lieu of land dedication allowable. The City, at its option, may reduce the required land dedication and fee in lieu of payment.
a. 
Current Level of Service.
Total Population
5,028 (established by Ordinance No. 080607-1 approved on August 6, 2007)
Total Existing Park Land
239 acres
Total Persons per Acres of Park Land
21
b. 
Land Requirements.
Persons per Household Owner Occupied
2.88 (source: 2000 US Census)
Persons per Household Renter Occupied
2.17 (source: 2000 US Census)
Single Family
21 people/2.88 PPH = 7 Dwelling Units/Acre
Multifamily
1 Acre per 7 Dwelling Units*
21 people/2.17 PPH = 10 Dwelling Units/Acre
1 Acre per 10 Dwelling Units*
E. 
Park Land and Trail Design Requirements.
1. 
Land Suitability.
a. 
Any land to be dedicated to meet the requirements of this Chapter shall be reasonably located and adaptable for use as park land or recreation facility, consistent with the most recent edition of the Comprehensive Plan or any Parks and Recreation Plan as may be adopted by the City Council.
b. 
The Parks and Recreation Commission shall make recommendations to the Planning and Zoning Commission and the City Council regarding the suitability of proposed park land. The location, access, size, shape, topography, natural drainage, utilities, parking facilities, and wooded areas and other vegetative cover of the parcel or tract of land to be dedicated shall be appropriate for public parks and recreation purposes. All such park land shall be designated and located so as to satisfy the following general requirements:
i. 
Dedication of Smaller Site. Dedicated land of less than the minimum required acreage may be developed based upon the recommendation from the Parks and Recreation Commission that a smaller area is in the public interest, or that additional contiguous land will be reasonably available for dedication to or purchase by the City. Such developments may be required to contribute fees in lieu of park land or a combination of fees and park land. Wherever possible, the dedicated land should be adjoining a school site, public or nonprofit institution, church, or other community facility that enhances the open space and recreational benefit of the park land.
ii. 
Street Frontage. Unless specifically exempted elsewhere in this section, access to park land designated on a subdivision plat shall be provided by the dedication of at least 200 feet of street frontage, in a manner satisfactory to the City, preferably a 200 foot by 200 foot corner site at the intersection of two streets. When the land abutting the designated park land is developed, the subdivider of such abutting land shall furnish and pay for all paving of all abutting street frontage and shall provide water and sewer access to the boundary of one side of the delineated park land area to meet minimum requirements of these regulations. No linear parking will be allowed on such frontage.
iii. 
Site Criteria. The land to be dedicated to meet the requirements of these regulations shall be suitable for public parks and recreation activities. Requirements include but are not limited to:
(a) 
Grade/Slope Required. At least fifty (50) percent of the dedicated land shall not exceed five (5) percent grade;
(b) 
Utilities Required. Minimum service connections of two (2) inch water line and six (6) inch gravity sewer line or two (2) inch pressurized sewer line and electricity line shall be provided and located along at least one property line of the dedicated land;
(c) 
Permanent Property Boundary Markers/Monuments Required. Above-ground, grade level survey markers are required to be permanently installed on all property lines of the dedicated land, in accordance with the requirements of the City.
iv. 
Restoration of Park Land. Any disturbed park land shall be restored and the soil stabilized by a vegetative cover by the subdivider using approved xeriscape species.
v. 
Floodplain. Areas located within the 100-year floodplain of the main channels of Onion Creek or Garlic Creek may be dedicated in fulfillment of the dedication requirements, subject to approval by the City Council. Said dedication will include, at a minimum, a strip one-hundred (100) feet wide on Garlic Creek and three-hundred (300) feet wide on Onion Creek on both sides measured from the center of the creek channel. The Onion Creek dedication may be reduced to 150 feet upon City Council approval.
vi. 
Parking. Where the City determines that parking is necessary to provide for access and ease of use to dedicated park land, the amount of parking shall be provided in a manner determined by the Development Services Director.
c. 
Hazardous Substances.
i. 
Prior to dedication of park land, the subdivider shall make full disclosure of the presence of any hazardous substances or Underground Storage Tank (U.S.T.s) of which the subdivider has knowledge.
ii. 
The City, at its discretion, may proceed to conduct such initial environmental tests and surveys on the land as it may deem appropriate, and the subdivider shall grant to the City and its agents and employees such reasonable access to the land as is necessary to conduct such surveys and tests.
iii. 
If the results of such surveys and tests indicate a reasonable possibility of environmental contamination or the presence of U.S.T.s, the City may require further survey and tests to be performed at the subdivider's expense as the City may deem necessary prior to its acceptance of the dedication, or in the alternative, the subdivider may be required to identify alternative property or pay the fees in lieu of such park land dedication. The owner continues as the responsible party until remediated and accepted.
d. 
Site Condition.
i. 
The park site shall be free of trash and debris.
ii. 
If the condition of the dedicated park land is disturbed during construction of subdivision improvements then the subdivider shall be responsible for returning the dedicated land to its previous condition prior to or at the time of final plat filing.
iii. 
The public improvements to be constructed per the applicable subdivision plat will not be accepted by the City until such time that the above conditions have been met.
2. 
Greenbelts and Pedestrian Paths.
a. 
In cases where greenbelts and other recreational walkways or bikeways front on public roads in the interior of residential subdivisions, the minimum street frontage indicated in Table 43. Greenbelt Frontage Requirements shall be provided.
Table 43. Greenbelt Frontage Requirements
Figure 70. Example of a Greenbelt Path
Road Type
Minimum Frontage Required (feet)
Arterial
50
Collector
40
Local
30
Cul-de-sac
15
b. 
Greenbelts fronting on public roads in nonresidential subdivisions or developments will be required to provide a minimum street frontage of fifty (50) feet.
c. 
Greenbelt widths, Right-of-Way, and construction shall be in conformance with the requirements of this section and other sections of the UDC, as they may apply.
3. 
Trails. Sufficient land shall be dedicated and trails constructed to conform to the City of Buda Parks & Trails Master Plan, including construction of any trails specifically identified in the Parks & Trails Master Plan, as follows:
a. 
Extensions of the trail network, other than as shown in the Parks and Trails Master Plan shall be included in the calculation of the amount of dedicated park and recreational area.
b. 
Trail Standards. All trails shall conform to the following standards:
i. 
General. Unless specified otherwise, all trails shall be constructed to City specifications and shall conform to the requirements of the Americans with Disabilities Act, as may be amended. Specifications for trail surfaces, bollards, and signs shall be provided by the City.
ii. 
Multipurpose Trails. A multipurpose trail is a trail alignment specifically identified in the Parks and Trails Master Plan. Trails designated as multipurpose trails in the Parks and Trails Master Plan shall be a minimum of eight (8) feet in width.
iii. 
Auxiliary Trails. An auxiliary trail is a trail/walkway located within an open space area that is not linked to a multipurpose trail. Auxiliary trails shall be a minimum of six (6) feet in width.
iv. 
Access Walkways. An access walkway is any trail/walkway that links to a multipurpose trail. All access walkways shall be a minimum of six (6) feet in width.
v. 
Trail Rights of Way or Easements. Trails shall be placed in a right of way or pedestrian access easement. Pedestrian access easements shall be a minimum of twelve (12) feet in width. This may be a shared easement with public utilities as approved by the City Engineer.
F. 
Park Improvements.
1. 
Installed Improvements.
a. 
The subdivider shall improve all dedicated public park land with improvements approved by the City, prorated for an amount equal to at least $40,000 per acre.
b. 
Design, specification, and construction of the improvements shall be subject to review and approval by the City.
c. 
Construction of the improvements must be completed within three (3) years of the City's approval of the first final plat of the subdivision.
d. 
Surety for construction of improvements shall be provided in the same manner as required of other subdivision- and site-related construction, as specified in section 3.04.04, Timing of Public Improvement.
2. 
Funds in Lieu of Improvements.
a. 
In lieu of constructing the improvements, the subdivider may elect to contribute the required amount of funds in lieu of construction to the City to meet the City's current or future recreational needs.
b. 
The City shall reserve the fees contributed in lieu of park improvements in a separate account from the general funds of the City, along with any accrued interest, and shall proceed to complete acquisition or improvement of park land.
c. 
All fees collected in lieu of park development shall be expended in on a first in, first out basis. If any or all of the funds are not spent for such purposes within ten (10) years from the date that they are collected, the subdivider shall have the right to request repayment by the City and the City shall refund the principal amount of all unexpended funds that were collected from the subdivider.
d. 
If the subdivider pays fees in lieu of park land dedication in accordance with subsection D.3 above, then the subdivider shall pay to the City a prorated improvements fee of $40,000 per acre of park land that is required to be dedicated, in addition to the fees paid in lieu of dedication.
G. 
Updating of Fees and Requirements.
1. 
The standard fees for contributions in lieu of park land dedication and minimum costs for improvements to park land as specified in this Section may be updated from time to time on the basis of current development costs. The Parks and Recreation Commission shall consider and make periodic recommendations to the City Council on such fees and costs.
2. 
The Parks and Recreation Commission shall consider and make periodic recommendations to the City Council on design standards and other provisions of this Section.
3. 
All such recommendations should be compiled and included within a Parks and Recreation Plan for the City, subject to final review adoption by the City Council.
(Ordinance 2017-13 adopted 10/2/2017; Ordinance 2025-28 adopted 5/6/2025; Ordinance 2025-47 adopted 10/8/2025)