San Marcos Development Code Effective 10.17.23

3 CHAPTER

Subdivisions

C. Parkland and Open Space Dedication. Land proposed for dedication as public parkland or open space shall first be reviewed by the Responsible Official. Provisions for ownership and maintenance of new parks shall be determined by the Responsible Official. 1. Exemptions. New development, consisting of six (6) units or less, shall be exempt from Parkland Dedication and Development fees.

2. Any appeal of a decision of the Parks and Recreation Board shall be presented to the City Council for acceptance, acceptance with conditions, or denial.

(Ord. No. 2023-72, 10-17-2023)

F. Park Access. Parkland shall be easily accessible for the public and open to public view so as to benefit area residents, enhance the visual character of the City, protect public safety, and minimize conflicts with adjacent land uses. Public park access shall meet the following requirements: 1. Access shall be required based on the access requirements of each park type identified in Section 3.10.2.1. 2. Access requirements shall be calculated based on the boundary of a parkland lot located adjacent to a parkway, boulevard, avenue, street or park road. 3. Notification of public access to privately owned and maintained parkland shall be provided by the installation of city approved signage located near the public access and visible from the public street. A. A cash fee for the purchase of off-site parkland may be paid in lieu of all or part of the dedication of on-site parkland in accordance with the criteria below. B. The cash fee in lieu of parkland dedication shall be based on the fair market value determined by an appraisal of one acre of land within the tract being developed, multiplied by the number of acres required for dedication C. All fees in lieu of dedication shall be paid prior to the recordation of the final plat or prior to the issuance of a site permit where a plat is not required. D. Fees in lieu of dedication may be accepted if one of the following conditions apply: 1. If requested by the subdivider and reviewed by the Responsible Official, the Parks and Recreation Board may allow the option of the payment of a fee over the dedication of land within the subdivision; or (Ord. No. 2023-72, 10-17-2023) Section 3.10.1.3Fee in Lieu of Dedication.

(Ord. No. 2023-72, 10-17-2023)

D. Criteria for Acceptance of Parkland and Open Space. Where all criteria for acceptance are met, Parkland and Open Space Dedication shall be approved at the time of plat approval. 1. Fifty percent (50%) of the proposed land for dedication does not include the following:

a. Drainage ditches;

b. Detention ponds;

c. Power lines easements;

d. Slopes greater than fifteen percent (15%); or

e. Floodway.

2. The dedicated parkland conforms with the intent, specifications, typical features, parking, and access requirements of one of the identified park types in Section 3.10.2.1. 3. Appropriate plat notes describing the ownership and maintenance of all proposed parks are provided on the plat. E. Parkland and Open Space Dedication Appeal Process. An applicant may appeal the decision for acceptance of parkland made by the Responsible Official to the Parks and Recreation Board, 1. The Board may consider the above criteria for acceptance as well as whether the proposed dedication is consistent with the goals of the City’s adopted parks plan (as amended). (Ord. No. 2023-72, 10-17-2023)

3:63

Amended: October 17, 2023 San Marcos Development Code