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.2 above may be removed upon
approval of a Tree Removal Permit by the Director of Planning. Any
decision of the Director of Planning 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.2 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 B.2 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 B.2 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 Section 4.04.01.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:
5.
Limitations of Species and Placement. The Director of Planning
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 2.09.01. Landscaping.
F.
Tree Removal Permit and Tree Preservation Plan.
1.
A Tree Removal Permit is required for the removal of any tree
not exempted in 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 B.4 above.
d.
A tree inventory that summarizes the following:
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 Director
of Planning 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:
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 Director of
Planning 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 4.04.01.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 Director of Planning
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 Director of
Planning 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 Director of Planning. 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)
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.
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 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:
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 as
shown in Table 43. Fee In Lieu Costs.
|
Table 43. Fee In Lieu Costs
| |
|
Single Family, Duplex, and Multifamily
|
$500 per dwelling unit
|
|
Less than 10 Single Family Units; or Less than 5 Multifamily
Units
|
None
|
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 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*
|
c.
Fee in Lieu of Land Requirements.
|
Cost per Acre of Existing Park Land
|
$6,173 (assumed average based on CAD appraisal)
|
|
Single Family
|
$6,173/7 Dwelling Units = $882 per Dwelling Unit
|
|
Multifamily
|
$6,173/10 = $617 per Dwelling Unit
|
d.
Park Development Costs.
|
Estimated Cost of Improvements per Acre of Developed Park land
|
$40,000
|
|
Single Family
|
$40,000/7 Dwelling Units = $5,714
|
|
Multifamily
|
$40,000/10 Dwelling Units = $4,000
|
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 Director of Planning.
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 44. Greenbelt Frontage
Requirements shall be provided.
|
Table 44. 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 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 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)
