§ 16.2. Criteria for Parkland Dedication

1.

Eligibility of Subdivisions for Parkland Dedication

a.

Minor Subdivision - The developer of any subdivision classified as a minor subdivision shall not be required to dedicate parkland. The developer of minor subdivisions shall pay a cash contribution in lieu of parkland dedication. Applicants may address an appeal to the City Council relative to cash contributions, and where undue hardship can be proved by the applicant, the City Council may mitigate the amount of contribution required by the applicant.

b.

Major Subdivision - The developer of any subdivision shall be required to dedicate public park land or a cash contribution in lieu of park land dedication as determined by the City Council. If a cash contribution is selected by the City Council it shall be as set according to the fees established by the City.

2.

Land Dedication Guidelines

a.

An applicant or developer who is required to dedicate parkland shall make a total land dedication of at least eight (8%) percent of the total tract, excluding any commercial or industry land uses that may be in the tract, of which no more than 60% may be floodplain. The City Council shall determine the suitability of the subject tract pursuant to recommended dedication criteria.

b.

On subdivisions of more than one section or phase, land dedication shall be made prior to the first phase reaching seventy-five (75%) percent of built-out (completion) or before a second phase is requested for final plat approval, whichever is occurs first.

3.

Location and Size

The Parks element of the Comprehensive Master Plan adopted by the City Council of Cibolo shall be used as a guide for location of park sites. All land intended for park purposes shall be inspected on the plat by the Planning and Zoning Commission relative to suitability, size, potential use, and the physical characteristics of the site. The Planning and Zoning Commission shall make a recommendation to the City Council regarding acceptance or rejection of parkland. Parkland dedication shall be consistent with the Parks and Recreation Comprehensive Master Plan. Where adjacent subdivision projects join together to create a park tract of at least twenty (20) or more acres, individual dedications of less than that specified by the Parks and Recreation Comprehensive Master Plan may be accepted by the City with a development agreement between the parties. The final decision on acceptance of parkland shall be made by the City Council.

4.

Parkland and Facilities Credit

Applicants may be allowed a credit against the parkland dedication requirement when improvements, such as recreational facilities are provided for the use of the public, as approved by the City Council, However, any allowed credit for improvements or recreational facilities shall be credited no more than twenty percent of the overall parkland dedication requirement of the project. Furthermore, the overall parkland dedicated must be contiguous through the development and reasonably located so as to provide reasonably equal access to all residents utilizing the facility.

5.

Green Space Preservation Parkland Credit

This UDC contains requirements for buffers between development projects and protected streams, wetlands, stormwater detention facilities and other environmentally sensitive water features and provides parkland dedication incentives to preserve these natural green space areas in a natural condition. For developments where the criteria described in this UDC are applicable, the developer shall provide plans and specifications showing the natural and man-made facilities regulated and the natural buffers that are proposed to be maintained in a natural condition and quantify the amount of green space proposed to be maintained in order to receive parkland dedication credits. Similarly, developers are encouraged to maintain individual heritage trees, or stands of heritage trees, for credit(s) to be applied toward fulfilling the parkland dedication requirements of this section. Credits toward fulfilling the parkland dedication requirements will be determined on a case by case basis, with the type, size and numbers of trees proposed to be preserved, and the land area involved, to serve as the basis for assigning parkland dedication credits.