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)
