§ 16.3. Criteria for contributions in lieu of parkland

1.

Cash Contributions

a.

The City may accept cash contributions in lieu of park land when such contribution is consistent with the intent of the Parks and Recreation Comprehensive Master Plan and this ordinance.

b.

Where the City rejects such contribution, the applicant may appeal the decision to the City Council after recommendation from the Planning and Zoning Commission. A letter from the applicant stating the reasons and circumstances for the appeal must be delivered to the City Secretary no more than ten (10) days from the date of the City decision to reject a cash contribution. The appeal must be placed on an agenda of the City Council within thirty (30) days from receipt of the appeal. The applicant or their representative must attend the appeal hearing before the City Council.

2.

Deposition of Cash Contributions

All cash contributions shall be received by the Planning and Engineering Department. The City shall deposit said funds directly into a special Park fund, as established by the Cibolo City Council.

3.

Park Improvements in Lieu of Park Land

The Planning and Zoning Commission may recommend to the City Council that an applicant provide publicly dedicated park improvements in lieu of the parkland equivalent of the cash contribution herein or the appraised value of the project land per acre, whichever is greater.

4.

All improvements shall be subject to adopted City specifications and codes. The City Council shall promulgate such specifications, especially in the case of park and playground equipment.

5.

All public improvements made by the applicant may be given credit towards the suggested park contribution according to:

a.

The actual cost the city would have to pay for the equivalent park and playground equipment improvements at such time improvements is made.

b.

The cost of improvements to provide utilities specifically to the park only where similar services are not provided to adjacent acreage by the development.

6.

Combinations of Contributions in Lieu of Park Land

Where there is a combination of contributions considered by the applicant, the Parks and Community Advisory Committee may recommend to the City Council that an applicant make a contribution of parkland, cash, and/or park improvements. Determination of exact contribution amounts shall be determined by the Planning and Zoning Commission and recommended to the City Council or as proscribed in this section.

7.

Letter of Credit

An irrevocable letter of credit equivalent to the dedicated park land assessed value shall be given to the City Manager or designee prior to final plat recordation. The issuer and form of said letter shall be subject to the approval of the City Council.

8.

Reservation of Additional Park Land

In the event that the Comprehensive Master Plan for the City specifies a larger amount of parkland in a subdivision or planned development than the applicant or developer may be required to dedicate, the land required beyond the respective contribution shall be reserved for subsequent acquisition by the City. The City may choose to locate the park in another location within the vicinity that will similarly serve the needs of the public.

9.

City May Elect to Hold Such Land By:

a.

Purchasing an option to buy the property for a period of time and at a price as agreed upon by the City and applicant.

b.

Indemnifying the land owner for all holding costs for a period of time, said costs and time period to be agreed upon by the City and applicant.

10.

If the City and the applicant cannot agree on criteria for contributions in lieu of park land, then the City may elect to prohibit any development or improvement to the proposed parkland for a period not to exceed six (6) months, during which time the City shall use reasonable and diligent efforts to acquire the necessary funds or financing to purchase the subject tract or otherwise utilize tools at their disposal to take action on acquiring the land for the city. No provision herein shall in any way be construed as a limitation of the city's authority to acquire parkland by eminent domain.

11.

Land Treatment

Upon preliminary platting of the parkland by the applicant dedicating the park land to the City, the applicant shall not cause or allow any fill material or construction debris to be dumped on the land, or otherwise alter, damage or impair the land, water or vegetation on the park site, without written permission from the City Council. The City Council may allow the applicant to fill the site with fill materials as designated by the City and take other respective actions specified in this subsection when such action would be beneficial to the parkland. In such cases, the City Manager or designee shall provide a letter to the respective applicant or developer stating the allowed materials and the degree of change allowed within the park site. The developer shall provide landscaping within that portion of the parkland to be dedicated that is located closest to all public rights-of-way, to provide an attractive street corridor. Parkway sections of rights-of-way shall be covered with approved grass or turf, per this UDC, and approved street trees, in the parkland adjoining public rights-of-way to the greatest degree practical. Because of property variations, such landscaping treatments will be reviewed on a plat by plat basis.

12.

Transfer of Land

a.

The area to be dedicated as parkland shall be shown on the final plat as "Parkland Dedicated to the City with the respective acreage of the parkland also shown. Dedication of parkland shall be included in the narrative portion of the plat where the applicant dedicates all easements, rights-of-way, etc., to the City.

b.

The City Attorney shall prepare a warranty deed for the parkland depicted on the final plat that contains the dedicated park land, attaching a metes and bounds description of the land dedicated for the publicly dedicated park as provided by the applicant, and which shall be signed by the developer on or before the subdivision is fifty (50%) percent built out (completed) or before a second phase is requested for final plat approval whichever occurs first.

13.

Payment of Fees in Lieu of Land

a.

The applicant(s) shall pay the current park fees established by the City.

b.

The applicant(s) shall pay any cash contributions to the City prior to recordation of a final plat.

c.

Should the applicant(s) divide the subdivision into sections, the fee for the entire subdivision shall be prorated by the number of sections in the subdivision, and the fee attributable to each section shall be paid prior to recordation of the final plat and/or at building permit as established by the City.

14.

Underground Utilities

All utilities in parkland shall be underground unless a variance is granted by the City Council. Utility connections, such as phone, cable, electricity, water and sanitary sewer stub outs shall be provided to all acreage dedicated as public parkland.

15.

Parklands dedicated to the City, and improvements to those parklands that are to be dedicated to the City, shall be designed in accordance with all applicable TAS/ADA design requirement, particularly with respect to access provided to and from all dedicated parklands, signage identifying accessibility locations, accessibility parking, slopes, wheel chair turnaround locations and the like. Before the City accepts any parkland or parkland improvements the developer shall obtain plan approval from the Texas Department of Licensing and Regulation and shall provide the City a plan set that has been marked as "Approved" by the TDLR.