2022-004 Parkland Dedication and DevelopmentDate: January 7, 2022 Report No. 2022-004
INFORMAL STAFF REPORT
TO MAYOR AND CITY COUNCIL
SUBJECT:
Parkland Dedication and Development – On February 1, 2022, Parks and Recreation will present
a work session detailing a Draft Ordinance (Exhibit 2) which updates the current Parkland
Dedication and Development ordinance. The information provided within this report and the
attached exhibits provide an overview for City Council.
EXECUTIVE SUMMARY:
The City of Denton assesses parkland dedication and park development fees on all new residential
developments. The requirements, criteria, and process for both parkland dedication and
development fees are outlined in Ordinance 98-039 (Exhibit 1) approved on February 17, 1998.
Park dedication is reinforced in Chapter 22, Article III, Section 22-33 to 22-42 of the Code of
Ordinances. The purpose of the park dedication and park development programs is to provide
recreational areas in the form of neighborhood parks as part of the planning and development of
property and subdivisions. This ordinance has not been updated since 1998 and does not
adequately financially support present-day construction of park amenities.
DISCUSSION:
New residential development generates a need for additional park amenities. Neighborhood and
community parks are intended to serve people in the areas near them. The park dedication and park
development programs are established with the intent of conveying the cost of a new park to the
developer and new homeowners responsible for creating the demand for new park amenities. The
land dedication and use of development fees are currently restricted to within one mile from the
related development.
Specific formulas are outlined in the ordinance to assess the park dedication requirement and the
park development fee. All fees in lieu of parkland dedication and all park development fees must
be expended within 10 years of the date of receipt. If the funds are not expended in the established
timeframe, the developer is entitled to a refund of the amount deposited. The developer must
request the refund within a year of entitlement, or the right shall be waived.
The current ordinance has not been amended since its adoption in 1998. A review of the ordinance
found several components that require updating to meet new standards, including a legal standard
set by the Supreme Court case Dolan v. City of Tigar. This ruling states there must be a “rough
proportionality” between the requirements imposed on a development and the needs for park use
projected to be forthcoming from the development. To meet this standard, a city must demonstrate
an individualized approach. Traditional methods of using benchmarking with comparable and
national standards as the basis for a formula are no longer accepted. Instead, parkland dedication
and park development fees must be calculated based on the additional impact of new demand
represented by the development operationalized at the city’s current level of service.
Date: January 7, 2022 Report No. 2022-004
Additionally, factors such as the distance perimeter and increased development costs have created
challenges in strategic and capital planning and resulted in administrative complexities related to
recording and tracking funds. The distance requirement restricts dedication funds to areas where
land may not be needed or may be unsuitable or unavailable for purchase as parkland. Similarly,
development funds may be committed to an area park low in priority for improvements while
higher priority neighborhood parks may have little to no designated development funds. Tracking
and mapping the funds add an additional level of difficulty in identifying available funds and
ensuring the appropriate expenditure of the funds.
The Parks and Recreation Department (PARD) secured the professional services of Dr. John
Crompton with Texas A&M University to assist with updating the ordinance. Dr. Crompton is a
Distinguished Professor of Recreation, Park and Tourism Sciences at Texas A&M University. His
primary interests are in the areas of marketing and financing public leisure and tourism services
and he is recognized for his work in park dedication and development funding.
Plans to update the ordinance and fee schedule have been presented to the development community
at the Developer Town Hall meetings. A focus group of developers and consultants and
engineering firms was also formed to receive input on proposed changes. The group includes
approximately 11 representatives from eight different firms. Prior to the pandemic, PARD hosted
monthly meetings with the group and conducted a few additional meetings during COVID-19.
PARD continued to work with Dr. Crompton, the focus group, and internal department
stakeholders in the development of a new ordinance and fee schedule. As part of the proposed new
ordinance, the permissible use of fees would change from a one-mile radius from a new
development to designated service areas where park dedication and development fees would be
used in the service area where the new development is located. This would allow fees to be used
in a larger area and assure funding is being utilized in areas of community need. In addition to the
focus group, staff presented a draft proposal to the Parks, Recreation and Beautification Board and
the Planning and Zoning Commission in 2019 and 2020.
CONCLUSION:
Exhibit 2 provides the Draft Ordinance updating the current Ordinance which currently governs
Parkland Dedication and Development. This update also intends to improve and update the Draft
Handbook (Exhibit 3) to subsequently put into action. Staff requests feedback on the Draft
Ordinance (Exhibit 2), the Draft Handbook (Exhibit 3), and the Draft Presentation (Exhibit 4) prior
to their presentation on February 1. Comments may be provided directly to the City Manager’s
Office.
Date: January 7, 2022 Report No. 2022-004
ATTACHMENTS:
Exhibit 1 - Ordinance 98-039
Exhibit 2 - Draft Ordinance
Exhibit 3 – Draft Handbook
Exhibit 4 – Draft Presentation
STAFF CONTACT:
Gary Packan, Director Parks and Recreation
Laura Behrens, Grants Administrator (Former Assistant Director Parks and Recreation)
REQUESTOR:
Staff initiated
PARTICIPATING DEPARTMENTS:
Parks and Recreation, Finance, Development Services, Legal, City Manager’s Office
STAFF TIME TO COMPLETE:
200+ hours
Subpart A - CODE OF ORDINANCES
Chapter 22 - PARKS AND RECREATION
ARTICLE III. PARK DEDICATION
Denton, Texas, Code of Ordinances Created: 2021-11-30 15:56:35 [EST]
(Supp. No. 32, Update 5)
Page 1 of 7
ARTICLE III. PARK DEDICATION
Sec. 22-33. Purpose.
(a) This article is adopted to provide recreational areas in the form of neighborhood parks as a function of
subdivision development of the City of Denton. This article is enacted in accordance with the home rule
powers of the city granted under the Texas Constitution, and the statutes of the State of Texas, including, but
not by way of limitation, V.T.C.A., Local Government Code § 51.071 et seq. (provisions applicable to home-
rule municipality) and § 212.001 et seq. (municipal regulation of subdivisions and property development). It
is hereby declared by the city council that recreational areas in the form of neighborhood parks are
necessary and in the public welfare, and that the only adequate procedure to provide for same is by
integrating such a requirement into the procedure for planning and developing property or subdivisions in
the city, whether such development consists of new residential construction on vacant land or the addition
of new dwelling units on existing residential land.
(b) Neighborhood parks are those parks providing for a variety of outdoors recreational opportunities and within
convenient distances from a majority of the residences to be served thereby. The primary cost of
neighborhood parks should be borne by the ultimate residential property owners who, by reason of the
proximity of their property to such parks, shall be the primary beneficiaries of such facilities. Therefore, the
following requirements are adopted to effect the purposes stated.
(Ord. No. 98-039, § I, 2-17-98)
Sec. 22-34. Definition of terms.
For purposes of this policy, the following terms shall be defined as follows:
Developer/owner means the legal or beneficial owner or owners of a lot or any land proposed to be included
in a proposed development including the holder of an option or contract to purchase, or other person having an
enforceable proprietary interest in such land.
Residential subdivision means the division or redivision of land into five (5) or more lots, tracts, sites or
parcels for the purpose of developing residential dwelling units.
Dwelling unit means a building or portion of a building which is arranged, occupied or intended to be
occupied as living quarters and includes facilities for food preparation and sleeping.
Neighborhood park means open space area encompassing five (5) to twenty (20) acres. Neighborhood parks
should provide recreational land for residents within an approximate one-half (½) mile service radius.
Park dedication requirements means collectively, dedication and/or construction of park facilities, in lieu
dedication fee and park development fee.
(Ord. No. 98-039, § I, 2-17-98)
Created: 2021-11-30 15:56:35 [EST]
(Supp. No. 32, Update 5)
Page 2 of 7
Sec. 22-35. Applicability.
The park dedication requirements of this article shall apply to every residential subdivision and every
building permit for construction of a dwelling unit approved after the effective date of this ordinance, except as
hereinafter expressly provided to the contrary.
(1) Land dedication requirements set forth in section 22-37 shall not apply to an application for approval
of a preliminary or final plat for a residential subdivision that was initially filed before the effective date
of this ordinance, and which plat has not expired. For all plat applications for a residential subdivision
filed after the effective date of this ordinance, land dedication and/or construction requirements for
park facilities shall be imposed at the time of preliminary plat approval.
(2) Requirements for payment of fees in lieu of park land dedication set forth in section 22-38 shall not
apply to any final plat for a residential subdivision that was approved prior to the effective date of this
ordinance, nor to any application for a building permit within such subdivision thereafter filed,
provided that no replat is necessary. Fees in lieu of park land dedication for all other residential
subdivisions shall be paid at the time of release of the final plat for any portion of the subdivision by
the city for filing in the county plat records.
(3) Requirements for park development fees set forth in section 22-39 shall not apply to any application
for a building permit in a residential subdivision that was filed prior to the effective date of this
ordinance. Park development fees for all other residential building permits shall be paid prior to
issuance of such permits.
(4) Following initial imposition and satisfaction of park dedication requirements, additional requirements
shall apply to revised plat applications for residential subdivisions and to renewed applications for
building permits to construct residential dwellings only if such revised or renewed application results in
an increase in the number of dwelling units. In such case, park dedication requirements then in effect
shall apply only to the additional dwelling units proposed in the application.
(Ord. No. 98-039, § I, 2-17-98)
Sec. 22-36. Planning.
(a) It is the policy of the city to require developer/owners of residential subdivisions and lots to provide for park
land and park facilities at the time of development approval in proportion to the need for such
improvements created by the developments and in proportion to the benefits received from contribution of
such facilities. It is the city's further policy to impose park dedication requirements consistent with the city's
comprehensive plan and officially adopted park and recreation plan.
(b) The city shall require developers of residential subdivisions or lots to dedicate land for neighborhood parks,
make payment of cash in lieu thereof, make payment of cash for park development fees or construct
recreational or park improvements in lieu thereof, or require dedication of additional park land, as
hereinafter provided, for park purposes to meet the park and recreational needs as a condition of the
development approval The city shall have the right, in its sole discretion, to require a combination of park
land dedication and/or payment of cash in lieu thereof, and/or payment of cash for park development fees
and/or construction of recreational and park improvements in lieu thereof in order to meet park dedication
requirements.
(c) The city shall base park dedication requirements on the number of persons expected to reside in a
development. The standard for public park land shall be two and one-half (2.5) acres per one thousand
(1,000) population. For each residential subdivision, the following formula shall be used to calculate park
land needs:
Created: 2021-11-30 15:56:35 [EST]
(Supp. No. 32, Update 5)
Page 3 of 7
2.5 Acres x (No. of Units) x (Persons/Unit) = Acres to be dedicated
1,000 population
The number of persons per unit shall be based on both current U.S. census information and data compiled by
the city and shall be periodically reviewed and updated. The following figures represent the average number of
persons per unit by current density categories, and shall be used to calculate park land dedications.
(1) Single-family detached/duplex
2.8 persons/unit
(2) Multifamily
1.8 persons/unit
(d) Park development fees shall be based upon an assumed cost of typical improvements for five (5) acres
neighborhood park of two hundred eight dollars ($208,000). Development costs shall be apportioned among
types of dwellings units and park development fees shall be charged in accordance with the following
formula:
(1) Single-family dwelling: $291.00
(2) Multifamily dwelling: $187.00
(e) Where a substantial private park and recreational area is provided in a proposed residential subdivision and
such area is to be privately owned and maintained by the future residents of the subdivision, partial credit
may be given to the developer/owner, not to exceed fifty (50) percent of the total acreage requirements for
land dedication if the city finds that it is in the public interest to do so and that all the following standards are
met:
(1) That yards, court areas, setbacks and other open areas required to be maintained by the zoning and
subdivision rules and regulations ordinances shall not be included in the computation of such private
open space;
(2) That the private ownership and maintenance of the open space is adequately provided for by recorded
agreement, covenants or restrictions;
(3) 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 or future owners of the property and which cannot be
defeated or eliminated without the written consent of the city or its successors;
(4) That the proposed private open space is reasonably adaptable for use for park and recreational
purposes, taking into consideration such factors as size, shape, topography, geology, access and
location;
(5) That 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 city; and
(6) That the private open space for which credit is given is a minimum of two (2) acres and provides a
minimum of four (4) of the local park elements listed below, or a combination of such and other
recreational improvements that will meet the specific recreation park needs of the future residents of
the area:
Criteria List Credit Acres
Children's play apparatus area .50 - .75
Landscape park-like and quiet areas .50 - 1.00
Family picnic area .25 - .75
Game court area .25 - .50
Created: 2021-11-30 15:56:35 [EST]
(Supp. No. 32, Update 5)
Page 4 of 7
Turf playfield 1.00 - 3.00
Swimming pool (42′ × 75′) [with adjacent deck and lawn areas] .25 - .50
Recreation center building .15 - .25
Recreation community gardening .15 - .25
Before credit is given, the city shall make written findings that the above standards are met.
(Ord. No. 98-039, § I, 2-17-98)
Sec. 22-37. Land dedication.
(a) Dedication of park land shall be proportional to the number and type of dwelling units proposed for a
residential subdivision. The number of acres of land to be dedicated shall be determined using the formula in
section 22-36(c).
(b) Where a proposed residential subdivision contains multifamily dwelling units and information is not provided
concerning the number of such units, the city shall assume the highest density allowed for the property to
determine the projected population for the development.
(c) The land required to be dedicated or conveyed may be located inside or outside the subdivision
development so long as the land is located within one-half (½) to one (1) mile of the periphery of the
development so as to serve or benefit the residents of such subdivision.
(d) The parks and recreation department, based upon review of the preliminary plat, initially shall determine the
feasibility of park land dedication for a residential subdivision and the amount of land to be dedicated to the
city for neighborhood park purposes, utilizing site selection criteria contained in section 22-41. The
department's determination shall be forwarded to the Denton Department of Planning and Development for
processing with the preliminary plat.
(e) In residential subdivisions which are to be platted in two (2) or more phases, the required park land
dedication, pursuant to this article, must be provided in each phase of the subdivision with one (1)
exception. In its sole discretion, the city may authorize the developer to reserve park land for dedication in
subsequent phases of the subdivision by paying into a city escrow fund a dollar amount equal to the fees in
lieu of dedication otherwise due for the phase under section 22-38. The form and provisions of the escrow
agreement shall be approved by the city attorney and city engineer. The escrow funds must be paid to the
city prior to the filing of the first phase final plat and shall be maintained in the escrow fund pending the
platting of the project phase that contains the park land to be dedicated. Escrow funds will be returned to
the developer, without interest, upon the filing of the final plat for the subsequent phase that dedicates the
required park land. In addition, the developer shall dedicate a reversionary public access easement on the
final plat of the initial phase(s) where necessary to provide effective public access, maintenance and use of
any park land to be dedicated.
(f) If a replat is filed, the dedication requirements shall be controlled by the regulations in effect at the time of
original platting, except that land dedication (or fee in lieu of) requirements then in effect shall be applied to
any additional dwelling units proposed for the replat.
(Ord. No. 98-039, § I, 2-17-98)
Created: 2021-11-30 15:56:35 [EST]
(Supp. No. 32, Update 5)
Page 5 of 7
Sec. 22-38. Payment of fees in lieu of park land dedication.
(a) If the calculation for required park land within the proposed subdivision development results in less than five
(5) acres or does not meet criteria as per section 22-41, the parks and recreation department shall determine
the amount of a fee in lieu of park land dedication in accordance with this section.
(b) The amount of the fee in lieu of park land dedication shall be calculated as follows. The Department first shall
determine the total amount of land required to be dedicated in accordance with section 22-37. The value of
the land shall be calculated as the average estimated fair market value per acre of the land being subdivided
at the time of preliminary plat approval, reduced by the value of any land actually to be dedicated for park
purposes. The net value of the land otherwise to be dedicated shall be apportioned among the total number
of dwelling units proposed for the residential subdivision and by dwelling unit type.
(c) If the developer/owner objects to the fair market value determination, the developer/owner, at his own
expense, may obtain an appraisal of the property by a state certified real estate appraiser, mutually agreed
upon by the city and the developer/owner, which appraisal will be considered by the city in determining fair
market value. All costs required to obtain such appraisal shall be borne by the developer/owner.
(d) Park dedication fees shall be imposed at the time of preliminary plat approval. Fees shall be paid prior to
release by the city of any final plat for filing in the deed records of Denton County. Park dedication fees
established for the preliminary plat shall apply to subsequent approved final plats for a period of two (2)
years from the date of preliminary plat approval by the planning and zoning commission. Thereafter, park
dedication fees shall be redetermined and applied to final plats in accordance with subsection (b), using
current appraised value of land in the subdivision at time of final plat submittal.
(e) All fees collected shall be used for the acquisition of land for a neighborhood park, or development or
construction of improvements to existing park land, within one-half (½) mile of the periphery of the
proposed subdivision development. However, if [1] such acquisition opportunities are not available, or [2]
existing park land is already developed or improved, within one-half (½) mile of the proposed subdivision
development, then areas within one (1) mile of the periphery of the proposed subdivision development may
be considered for the acquisition, of neighborhood park land and/or construction of improvements to
existing park land within such periphery.
(Ord. No. 98-039, § I, 2-17-98)
Sec. 22-39. Payment of park development fees.
(a) Park development fees shall be established for the purpose of funding neighborhood park improvements.
Fees shall be proportional to the cost of neighborhood park facilities, the demand for which is generated by
each new dwelling unit. Fees shall be established separately for single-family and multi-family dwelling units.
Current park improvement costs and park development fees are set forth in section 22-36(e).
(b) Park development fees shall be imposed at the time of building permit application and shall be paid prior to
issuance of building permits for the number of dwelling units designated in the application.
(c) Park development fees shall be expended on park improvements located in a neighborhood park that
benefits the dwelling unit paying the fee, typically within one-half (½) to one (1) mile of the subdivision in
which the dwelling unit is located. The criteria for selection of the park site for improvements shall be the
same as set forth in section 22-41.
(d) The standard costs for development of a neighborhood park as set forth in section 22-36(d) may be updated
from time to time on the basis of current development costs, and park development fees shall be adjusted to
reflect such updated development costs.
Created: 2021-11-30 15:56:35 [EST]
(Supp. No. 32, Update 5)
Page 6 of 7
(Ord. No. 98-039, § I, 2-17-98)
Sec. 22-40. Special fund; right to refund.
(a) There is hereby established a special fund for the deposit of all fees in lieu of park land dedication. collected
under this article, which fund shall be known as the park land dedication fund. Within the fund, fees paid
shall be earmarked for acquisition of new neighborhood parks or for improvements in existing parks
generally located within one-half (½) to one (1) mile of the residential subdivision upon which the fee is
imposed.
(b) There is hereby established a special fund for the deposit of all park development fees collected under this
article, which fund shall be known as the park development fund. Within the fund, park development fees
paid shall be earmarked for expenditure on park improvements in a neighborhood park generally located
within one-half (½) to one (1) mile of the subdivision in which the dwelling unit for which the fee is paid is
located.
(c) All fees in lieu of park land dedication and all park development fees paid must be expended within ten (10)
years from the date of receipt for park facilities benefiting the residential subdivision or dwelling unit for
which the fees are paid. Fees shall be considered expended if they are spent for acquisition or development,
respectively, of neighborhood parks located within one-half (½) to one (1) mile of the subdivision for which
the fees were paid within the ten-year period. If fees are not expended within such period, the
developer/owner shall be entitled to a refund of the principal deposited by the developer/owner in such
fund, together with accrued interest. The developer/owner must request such refund in writing within three
hundred sixty-five (365) days of entitlement or such right shall be waived.
(d) Interest accruing to the park land dedication fund and to the park development fund shall be expended on
neighborhood park land acquisition and for neighborhood park improvements, respectively.
(Ord. No. 98-039, § I, 2-17-98)
Sec. 22-41. Site selection/characteristics of park.
(a) In selecting a site for a park, the city shall avoid an accumulation of unrelated parcels of land or an
accumulation of land unsuitable for park purposes.
(b) Parks shall be selected on the basis of obtaining natural, park-like settings where available and shall consist
of diverse topography and open space suitable for the development of recreational facilities.
(c) Neighborhood park size should be a minimum of five (5) acres and obtained as one (1) complete parcel. If a
development parcel cannot provide the minimum five (5) acre parcel or a smaller parcel which can
potentially be contiguous to existing or future park parcels, then a fee in lieu of park land or a combination of
fee and park land dedication shall be required in accordance with section 22-37.
(d) Park sites shall be located, whenever possible, adjacent to and contiguous with school sites and other public
or nonprofit agency sites in order to make maximum use of common facilities and grounds.
(e) Careful consideration shall be given to the need for development of parks around natural drainage and
wooded areas, which provide potential recreational uses. Criteria for floodplain areas (based upon 100-year
storm) usage is as follows:
(1) Floodplain and natural drainage areas shall generally not exceed seventy-five (75) percent of the total
park site.
Created: 2021-11-30 15:56:35 [EST]
(Supp. No. 32, Update 5)
Page 7 of 7
(2) At least fifty (50) percent of required dedicated park land shall have slopes in range of two (2) to five
(5) percent, well drained, and suitable for active use development.
(3) Floodplain acreage may be dedicated at a ratio of three to one (3:1) in acres in lieu of nonfloodplain
property. Any consideration of additional floodplain acreage shall be as agreed upon between the
parks and recreation department and the developer/owner.
(f) Proposed park land boundaries shall provide street frontage for readily accessible entry into the park area by
the public and water, sanitary sewer and electric improvements shall be readily available to the park from an
adjacent street right-of-way or public utility easement. If the developer/owner requests delay in the
construction of said improvements because of phasing of subdivision development, the developer/owner
shall escrow sufficient funds in behalf of the city, the form and provisions of such escrow agreement shall be
approved by the city attorney and the city engineer, to cover the cost of such construction as determined by
the city engineer.
(g) Prior to dedication of land, the developer/owner shall make full disclosure of the presence of any hazardous
substances and/or underground storage tanks (U.S.T.'s) of which the developer/owner has knowledge. 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 developer/owner 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.
(h) 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
developer/owner's expense as the city may deem necessary prior to its acceptance of the dedication, or in
the alternative, the developer/owner may be required to identify alternative property or pay the fees in lieu
of such park land dedication.
(i) The park site shall be free of trash and debris and if the dedicated park land's natural condition is disturbed
during construction of subdivision improvements then developer/owner shall be responsible for returning
the dedicated land to its natural condition prior to or at the time of final plat filing and 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.
(Ord. No. 98-039, § I, 2-17-98)
Sec. 22-42. Decision making; appeals.
Unless otherwise provided herein, an action by the city in determining compliance with the terms of this
article refers to a determination by the parks and recreation department. The developer/owner of land subject to
park dedication requirements may appeal any determination by the parks and recreation department under this
article to the city council for a final decision. The appeal shall be in writing and shall be filed with the planning and
zoning commission, which shall make its recommendation to the city council. The city council will not review the
appeal of any determination by the parks and recreation department without first obtaining the recommendation
of the planning and zoning commission. No final plat shall be approved by the planning and zoning commission
which varies the terms of this article or which does not comply with the parks and recreation department's
determination without final resolution of the appeal by the city council.
(Ord. No. 98-039, § I, 2-17-98)
Draft December 17, 2021
1
ARTICLE 111 PARK DEDICATION
Sec. 22-33. Purpose
This Article is enacted in accordance with the home rule powers of the City of Denton granted under the
Texas Constitution, and the statutes of the State of Texas, including, but not by way of limitation, Texas
Local Government Code Chapter 212 as may be amended from time to time.
Parks provide for a variety of outdoor recreational opportunities that serve areas within a 5-mile distance.
The acquisition of land and development of the “basic” infrastructure and facilities necessary to facilitate
usage of these parks should be based upon the demand from the area residents they are intended to serve.
Their primary cost should be borne by the owners of residential property who, by reason of the proximity of
their property to such parks, shall be the primary beneficiaries of such facilities. The park zones established
by the Denton City Council are shown in Appendix A to this ordinance. The parkland inventory by zone is
shown in Appendix B. The zones are designed to be large enough to offer flexibility for acquiring parkland,
while being responsive to the needs of new development. They shall be prima facie proof that any park
located therein is within a convenient distance from any residence located therein.
The ordinance recognizes two types of parks: parks that provide outdoor recreation opportunities for
residents within five miles of their homes such as neighborhood and community parks; and city-wide parks
that provide outdoor opportunities for all city residents. The primary cost of new, expanded or renovated
city parks should be borne by all new city residents who have created the demand for them. Development
fees collected for neighborhood or community parks in zones A-E may be used to acquire or improve city
parks if it can be shown they benefit residents within that zone.
The City is required to demonstrate there is a “rough proportionality” between the dedication required from
a developer and the demand from occupants of residents in a new development. The City has met that
requirement by assuming that new residents’ demands for parks will be the same as those of existing
residents in the area of the City in which they have elected to build.
Section 22-34. Applicability
The park dedication requirements of this Article shall apply to every residential subdivision and every
building permit for construction of a dwelling unit approved after the effective date of the ordinance, except
as hereinafter expressly provided to the contrary.
(a) This Article does not apply to activities involving the remodeling, rehabilitation or other
improvements to an existing residential structure, or to the rebuilding of a damaged structure unless
the rebuilding results in an increase in the number of dwelling units, in which case additional
dedication equal to the increase in number of dwelling units will apply.
(b) If a dedication requirement arose prior to enactment or amendment of this Article, subsequent
development for the subject tract to which the dedication requirement applies may be subject to
vesting as set forth in Chapter 245 Texas Local Government Code. Additional dedication may be
required if there is an increase in the number of dwelling units from what was originally proposed.
(c) Additional requirements shall apply to revised plat applications for residential subdivisions and to
renewed applications for building permits to construct residential dwellings, if such revised or
renewed applications result in an increase in the number of dwelling units. In such a case, the park
dedication requirements then in effect shall apply to the additional dwelling units proposed in the
application.
Draft December 17, 2021
2
(d) Where a proposed residential subdivision contains multifamily dwelling units and information is not
provided concerning the number of such units, the City shall assume the highest density allowed
for the property to determine the project population for the development.
(e) Where a detailed development agreement approved by City Council:
1. Includes but is not limited to identifying the land to be dedicated, value of the land, site
condition, maintenance agreement, conveyance process, and credits associated with the
agreed upon dedication to be developed and executed; and / or
2. Outlines the improvements, value of the improvements, and fee credits associated with the
agreed upon public improvement to be developed and executed.
Section 22-35 General Requirements
(a) The City Manager or his/her designee shall administer this Article, with certain review,
recommendation and approval authorities being assigned to the Parks, Recreation and
Beautification Board and other city departments as needed.
(b) As a condition of subdivision development, a developer of residential property shall be required to
dedicate land for neighborhood, community, and city parks, pay a fee-in-lieu thereof, construct park
improvements, or a combination of these options. The particular form of the requirement will be at
the sole discretion of the City. In addition to the land dedication, a developer of residential property
shall pay a park development fee attached hereto as Appendix D for neighborhood, community,
and city parks, which will be used to pay the costs of developing the raw dedicated land into a
functioning park.
(c) Requirements herein are based on actual dwelling units for an entire development. Increases or
decreases in final unit count may require an adjustment in fees paid or land dedicated.
(d) The required land dedications and schedules of fees in lieu of parkland dedication are attached
hereto as Appendix C and incorporated and made a part of this Article for all purposes.
(e) The total amount of land dedicated for the development, public or private, shall be dedicated:
1. In fee simple by filed deed, if dedicated to the city; and
2. Prior to the issuance of any site development building permits for multi-family development,
3. Prior to recordation of the final plat for a single family, duplex, or townhouse development,
or
4. For a phased development the entire park shall be platted concurrently with the plat of the
first phase of the development or the developer may provide the City with financial security
against the future dedication by providing a bond, irrevocable letter of credit, or other
alternative financial guarantee such as a cash deposit in the amount equal to the number
of acres park land required, and in a form acceptable to the City. The amount of the
financial guarantee shall be the amount of fee in lieu of land dedication. The financial
guarantee will be released to the developer, without interest, upon the filing of the final plat
for the subsequent phase that dedicates the required park land.
Section 22-36 Park Land Dedication Guidelines and Requirements
Draft December 17, 2021
3
Any land dedicated under this Article must be suitable for park uses and meet requirements in this Article
and the Denton Development Code. The following guidelines and requirements shall be used in the
dedication and design of park land in conjunction with the Park Land Dedication and Development
Handbook.
When considering park land dedication, the developer should meet with the Parks and Recreation
Department (PARD) before a development application is submitted to evaluate the suitability of the land.
Additionally, PARD may request a site visit as a part of its determination. The following information may be
required as a part of the process prior to accepting land for a public park dedication:
1. Lot dimensions or metes and bounds acreage of park land to be dedicated;
2. Total acreage of floodplain, and the acreage of land located outside the floodplain;
3. A tree survey;
4. A slope analysis; and
5. A Phase 1 Environmental Site Assessment identifying potential or existing environmental
contamination liabilities.
General Guidelines
Any park land dedicated to the City pursuant to the terms, conditions and requirements under this Article
must be suitable for park uses and meet the following guidelines:
(a) A current title report must be provided with the land dedication.
(b) Wherever possible, park sites should be located contiguous with school sites or other public or
nonprofit agency land in order to make maximum use of common facilities.
(c) Encumbrances. Free and clear of any and all liens and encumbrances that may interfere with its
use for park purposes. This includes overhead utility lines or easements of any type which might
limit the land’s use as a park. The City’s representatives must be authorized to make onsite
inspections of the property for the purposes of determining site suitability and identification of any
visual hazards or impediments to park development and use.
(d) Environmental Assessment. A Phase 1 Environmental Assessment is required on any land planned
for dedication to the City. If the property owner or developer has any form of environmental
assessment previously conducted on the tract, a copy of that assessment may be submitted for
this requirement. The City may initiate and/or require the developer to initiate additional specific
environmental studies or assessments if the visual inspection of the site gives rise to the belief that
an environmental problem may exist on the site. The employment of consultants necessary to
evaluate any environmental issues relating to the site may be required by the City, providing the
City makes such determination in good faith. If an environmental hazard is identified on the site,
the developer must remove the hazard prior to its acceptance into the park system of the City. The
City will not accept park land dedication sites encumbered by hazardous and or waste materials or
dump sites.
(e) Utilities. The developer shall be responsible for the provision of minimum utilities as outlined in the
Park Land Dedication and Development Handbook, the Denton Development Code and other
adopted design and construction guidelines as they apply to neighborhood, community, or city park.
The City will be required to approve such location prior to final acceptance and release of fiscal
requirements of a subdivision.
Draft December 17, 2021
4
(f) Parks should be easy to access and open to public view so they benefit area development, enhance
the visual character of the City, protect public safety, and minimize conflict with adjacent land use.
(g) Where appropriate, sites with existing trees or other scenic elements are preferred and may be
reviewed by the City’s Urban Forester to make recommendations.
(h) Rare, unique, endangered, historic or other significant natural areas will be given a high priority for
dedication pursuant to this article. Areas that provide an opportunity for linkages between parks
and/or trails or that preserve the natural character of the surrounding environment may be required
by the City to be included in the park land dedication.
(i) Land for dedication may be accepted by the City if it provides an opportunity to expand an existing
or future city park or trail.
(j) The property owner shall pay all taxes or assessments owed on the property up to the date of
acceptance of the dedication by the City. A tax certificate from the County Tax Assessor shall be
submitted with the dedication or plat.
(k) Identified land that does not otherwise comply with the standards for park land dedication may be
accepted as dedicated park land if the Director determines that the land will provide recreational,
educational, or preservation opportunities for the surrounding community. A detailed development
agreement including but not limited to identifying the land to be dedicated, value of the land, site
condition, maintenance agreement, conveyance process, and credits associated with the agreed
upon dedication will be developed and executed upon City Council approval.
Land Requirements
(a) The city in most cases will not accept a dedication that is smaller than 5 acres of contiguous land.
(b) Land parcels that are unsuitable for development are typically unsuitable for a park. Hence,
potential land to be dedicated should be selected prior to a subdivision being platted and acquired
as a part of the development process.
(c) Consideration may be given to land that is in the floodplain or may be considered “floodable” even
though not in a federally regulated floodplain if, due to its elevation, it is suitable for park
improvements. At the discretion of the City, land in floodplains may be considered as part of a
dedication requirement on a three for one (3:1) basis. That is, three (3) acres of floodplain will be
equal to one (1) acre of park land, but not more than 75% of the required land dedication shall be
allowed in a floodplain.
(d) Detention/retention areas may be used to meet dedication requirements provided the area
enhances recreational opportunities and does not increase maintenance above normal standards.
If accepted as part of the park, the detention/retention area design must meet the City’s standards
and specifications.
(e) Sites with existing trees or other scenic elements are preferred. The health and suitability of existing
trees may be reviewed by the City’s Urban Forester for inclusion into a park.
Draft December 17, 2021
5
Section 22-37 Fee-in-Lieu of Park Land
The City may, at its discretion, require that a fee be submitted in lieu of land dedication. The basis for its
calculation and the amounts are shown in Appendix C for park land dedications. An amount equal to 10
percent of the assessed fee in lieu of park land dedication will be allocated to city parks. The funding will
be used in accordance with Section 22-43 for any park that serves the entire geographic area of the City.
Section 22-38 Park Development Fee
In addition to the park land dedication requirements, park development fees are established herein,
sufficient to develop public parks in ways that meet the City of Denton’s standards as set forth in the Park
Land Dedication and Development Handbook, the Denton Development Code and other adopted
specification documents. The development fee assessed to a development and the basis for its calculation
is shown in Appendix D and Appendix E. An amount equal to 10 percent of the assessed development fee
will be allocated to city parks. The funding will be used in accordance with Section 22-43 on any park that
serves the entire geographic area of the City.
Section 22-39 Public Park Improvement In-Lieu of Park Development Fees
With approval of the City, a developer may elect to construct required park improvements in lieu of paying
the associated development fee as set forth herein and in conjunction with the Park Land Dedication and
Development Handbook. Structures and improvements provided by a developer shall be constructed on
lands dedicated as public park land and shall be designed and installed to meet the terms, conditions and
requirements under the Park Land Dedication and Development Handbook and in accordance with related
federal, national, state or local codes.
The City and a developer may agree to terms and conditions in the construction of public park improvements
specific to and serving a residential development. A detailed development agreement outlining the
improvements, value of the improvements, and fee credits associated with the agreed upon public
improvement will be developed and executed upon City Council approval.
General Requirements for Public Park Improvements Undertaken by a Developer
(a) A park site plan, developed in cooperation with the City is submitted and approved by the City prior
to submission of final plat or upon application for a site building permit, whichever is applicable.
(b) Any public park improvements must be shown on the site plan or construction plan, unless the City
authorizes another method of approval.
(c) Detailed plans and specifications for park improvements hereunder shall be due and processed in
accordance with the procedures and requirements pertaining to public improvements for final plats
and for building permit issuance, whichever is applicable.
(d) All plans and specifications shall meet or exceed the City’s standards in effect at the time of the
submission.
(e) If the improvements are constructed on land that has already been dedicated to and/or is owned
by the City, then the developer must post payment and performance bonds equal to park
development fees or value of the park agreed upon, whichever is greater to guarantee the payment
to subcontractors and suppliers and to guarantee the developer completes the work in accordance
with the approved plans, specifications, ordinances, and other applicable laws. This includes
Draft December 17, 2021
6
guaranteeing performance in lieu of completing the park improvements prior to final plat
recordation.
(f) Park improvements may be constructed on park land dedicated to the City or, if approved by the
City, improvements may be made in an existing or proposed City park that is located in the same
park zone as the development.
(g) For a public park, the developer will provide or cause to be provide a two-year maintenance bond
that is equal in amount to the twenty percent (20%) of the construction cost of said park
improvements and a manufacturer’s letter stating any play structure, equipment, and safety
surfaces were installed in accordance with the manufacturers’ installation requirement.
(h) For a public park, the developer shall provide a copy of the application and subsequent inspection
report prepared by the State Department of Licensing and Regulation of their contracted reviewer
for compliance with the Architectural Barriers Act, codified as Vernon’s Ann. Civ. St. art 9102.
(i) For a public park, all manufacturers' warranties shall be provided for any equipment installed in the
park as part of these improvements.
(j) For a public park, upon issuance of a Certificate of Completion and Acceptance, the developer
shall warrant the improvements for a period of two (2) years.
(k) For a public park, the developer shall be liable for any costs required to complete park development
if:
1. Developer fails to complete the improvements in accordance with the approved plans; or
2. Developer fails to complete any warranty work.
(l) All public park improvements shall be inspected by the City while construction is in progress and
when complete to verify park requirements have been satisfied.
(m) Once the public park improvements are constructed, and after the City has accepted such
improvements, the developer shall convey such improvements to the city free and clear of any lien
or other encumbrances as approved by the Director of Parks and Recreation.
(n) The public park improvements will be considered complete with a Letter of Completion and
Acceptance from the City and will be issued after the following requirements are met:
1. Improvements have been constructed in accordance with the approved plans;
2. A set of revised drawings, commonly known as As-Built Drawings, are provided to the City
in digital format;
3. Improvements have been inspected and reviewed by City staff and confirmed that they are
in accordance with the terms, conditions and requirements under this Article.
Section 22-40 Credit for Park-like Facilities included in a Development
(a) Up to fifty percent (50%) of the fee-in-lieu of land and park development fees paid by a developer
may be eligible for reimbursement if private park-like amenities are included within a subdivision,
since they are likely to absorb some of the demand generated by the new homes that would
otherwise have to be accommodated by public parks.
Draft December 17, 2021
7
(b) Since residents are likely to use other public parks beyond the facilities offered within a
development, the fifty percent (50%) retained for deposit in the city's park land dedication fund is
for the purpose of defraying the incremental financial burden a private subdivision will impose on
the public park system in Denton.
(c) When considering elements that are eligible for such a credit, the overarching criterion to be met is
that the amenities must be outdoor park-like facilities, since they are substituting for park provision.
Eligible private park improvements include various active and passive outdoor amenities outlined
in the Park Land Dedication and Development Handbook.
(d) For credit to be given for private facilities, future private ownership and maintenance of the open
space and/or facilities must be adequately provided for by recorded agreement, covenants, or
restrictions.
(e) The use of the private open space and/or facilities must be restricted for park 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.
(f) Items that qualify for credit should be credited on a cost basis. The cost of the items (validated by
the developer’s invoices) should be deducted from the assessed fees (up to a maximum of fifty
percent [50%]) the developer would otherwise have to pay.
(g) All facilities that are accepted for credit must be constructed prior to completion of the final unit of
the development or completion of the related phase of the development.
Section 22-41 Reimbursement for City Acquired Park Land
The City may from time to time acquire land for parks in advance of actual or potential development. If the
City does acquire park land in a park zone for a neighborhood/community or city park, the City may require
subsequent land dedications to be in fee-in-lieu of land only. This will be used to reimburse the City for the
cost(s) of acquisition.
Section 22-42 Submitting Park Fees
Any fees required to be paid pursuant to this article shall be remitted as follows:
a. Land dedication and/or construction requirements for park facilities shall be imposed at the time of
preliminary plat approval; or
b. Fees in lieu of park land dedication for all other residential subdivisions shall be paid at the time of
release of the final plat for any portion of the subdivision; however
c. Park development fees for all other residential building permits shall be paid during the issuance of
such permits.
Section 22-43 Use of Park Fees
All park land dedication and park development fees for neighborhood/community parks will be deposited in
a fund referenced to the park zone to which they relate (Appendix A). The fees must be spent in the same
park zone in which they were collected and in accordance with Use and Expenditure priorities outlined in
the Handbook. Park land dedication and park development fees for neighborhood/community parks can be
used in an adjacent zone in contexts where a development occurs close to a zone border if it meets the
Draft December 17, 2021
8
Use and Expenditure priorities outlined in the Handbook. City-wide park land dedication and development
allocations will be deposited in a fund referenced to city-wide parks. All expenditures shall be administered
in accordance with the current purchasing requirements of the City.
Funds shall not be used for the operation and maintenance of parks or city staff overhead expenses. Funds
shall be used solely for the acquisition or leasing of park land and the development, improvement,
upgrades, or restoration/renovation of new and existing parks. Indirect costs reasonably incurred in
connection with park acquisition and improvement, such as appraisal fees, environmental assessment
costs, legal expenses, engineering and design, and construction labor costs are limited to a maximum of
20 percent of total acquisition or improvement costs.
Section 22-44 Ordinance Review
The City shall review the fees established and the amount of park land dedication required in this Article at
least once every three (3) years during its consideration of the annual budget. Failure to review by the City
Council shall not invalidate this ordinance.
Section 22-45 Right to Refund
The City shall account for all fees in lieu of land and all development fees paid under this Article with
reference to the individual plat(s) involved. Any fees collected shall be committed within seven years after
payment of the fee or the issuance of building permits on half of the lots created by the subdivision,
whichever occurs later. If the fee is not committed, it shall be distributed and paid to the property owners of
the subdivision upon request. Such funds shall be considered to be spent on a first-in, first-out basis. A
claimant must request such refund within one (1) year of entitlement, in writing, or such right shall be barred.
Draft December 17, 2021
9
Appendix A
Parkland Dedication Fee Service Areas
Draft December 17, 2021
10
Appendix B
915 / 916 Park Inventory by Zone
Park Name Park Type Address Service Area Acres
Bowling Green Park Neighborhood 2200 Bowling Green St., Denton, TX, 76207 A 17.88 Acres Total
McKenna Park Neighborhood 700 N Bonnie Brae St, Denton, TX 76201 A 15.03
North Lakes Park City 2001 W Windsor Dr, Denton, TX 76207 A 389.49
Evers Park Community 3201 N Locust St, Denton, TX 76209 A 32.01
North Pointe Park Neighborhood 1400 W Hercules Ln, Denton, TX 76207 A 10.34
Owsley Park Neighborhood 2425 Stella St, Denton, TX 76201 A 0.53
Rayzor Ranch Property Neighborhood 3230 Heritage Trail, Denton, TX 76201 A 9.86 85.65 A
Avondale Park Neighborhood 2021 Devonshire Dr. , Denton, TX 76209 B 18.23
Clear Creek Natural
Heritage Center Preserve 3310 Collins Rd, Denton, TX 76208 B 2835
Hartlee Field Mtn Bike
Lease Special Use TBD B 195
Cooper Creek Linear
Park Linear 1511 Stuart Rd, Denton, TX 76209 B 3.65
Cooper Glen Park Neighborhood 3330 N Locust St, Denton, TX 76207 B 9.61
Jimmy Carter Park Neighborhood 2603 N Bell Ave, Denton, TX 76209 B 0.31
Nette Shultz Park Neighborhood 1517 Mistywood Ln, Denton, TX 76209 B 8.7
Skate Works Special Use 2400 Long Rd, Denton, TX 76207 B 1.16
Water Works Park Special Use 2400 Long Rd, Denton, TX 76207 B 15.76 40.5 B
Carl Gene Young Sr.
Park Neighborhood 327 S. Wood St, Denton, TX 76205 C 6.76
Fred Moore Park Neighborhood 500 S Bradshaw St, Denton, TX 76205 C 9.69
Industrial Street Park Neighborhood 108 Industrial St, Denton, TX 76201 C 0.11
Mack Park Community 1800 E McKinney St, Denton, TX 76209 C 37.55
Martin Luther King Jr.
Park Neighborhood 1300 Wilson St, Denton, TX 76205 C 4.74
Milam Park Neighborhood 256 Mockingbird Ln, Denton, TX 76209 C 1.86
Quakertown Park City 700 Oakland St, Denton, TX 76201 C 32.32
Sequoia Park Neighborhood 1404 E University Dr, Denton, TX 76209 C 5.54
Spc. Ernest W. Dallas
Jr. Veterans Memorial
Park
Neighborhood 6100 Sun Ray Dr, Denton, TX 76208 C 4.99
Township II Neighborhood 1561 Angelina Bend Dr, Denton, TX 76205 C 10.22
Villages of Carmel
Property Neighborhood 5493 Edwards Rd, Denton, TX 76208 C 6.42 87.88 C
Briercliff Park Neighborhood 3200 State School Rd, Denton, TX 76210 D 9.07
Carnegie Ridge
Property Neighborhood 6500 Riglea Ct, Argyle, TX 76226 D 1.4
Cross Timbers Park
North Community 7601 Waterside Pl, Denton, TX 76210 D 45.98
Cross Timbers Park
South Neighborhood 8402 Clear River Ln, Denton, TX 76210 D 22.64
Denia Park Community 1001 Parvin St, Denton, TX 76205 D 23.52
Frontier Park Neighborhood 3001 Frontier Dr, Denton, TX 76210 D 4.89
Joe Skiles Park Neighborhood 1721 Stonegate Dr, Denton, TX 76205 D 5.78
Lake Forest Park Community 1760 Ryan Rd, Denton, TX 76210 D 64.81
South Lakes Park City 556 Hobson Ln, Denton, TX 76205 D 184.43
Southwest Park
Property City 4300 S Bonnie Brae St, Denton, TX 76226 D 198.97
Wheeler Ridge Park Linear 3100 Lipizzan Dr, Denton, TX 76210 D 7.84 185.93 D
Robson Ranch
Property Neighborhood 11200 H Lively Rd, Denton, Texas, United States E 17.04 17.04 E
Total Acres 4,269.13 417
Draft December 17, 2021
11
Appendix C
Land Dedication Assessment
Variables Calculation Factor Description
Land Dedication
Population 139,869 2020 Census
Park Acres 417 Community and Neighborhood parks
Population Service Level 335.42 people per 1 acre Population / Park Acres
Single Family Density 2.6 People per dwelling unit (DU)
Multi-family Density 1.8 People per dwelling unit (DU)
Fee In Lieu of Land
# of Residential Parcels 30,832 Single family and Multi-family
residences listed in DCAD
Total Value of Residential Parcels $1,728,789,052 DCAD land value
Average Value of Residential Parcels $56,071.26 Total Value / # of Parcels
Land Dedication Formula
STEP 1: Population Service Level / Density Factor = DU’s per Park Acre
335.42 / 2.6 = 129.01 Single Family DU’s per Park Acre
335.42 / 1.8 = 186.34 Multi-family DU’s per Park Acre
Dedication Requirement (Minimum 5 acres)
1 Park Acre for every 129 Single Family DU’s
1 Park Acre for every 186 Multi-family DU’s
Fee in Lieu of Land Formula
STEP 1: Total Residential Land Value / # of Residential Parcels = Average Value of Residential Parcel
STEP 2: Average Value of Residential Parcel / Dedication Requirement = Fee in Lieu
$1,728,789,052 / 30,832 = $56,071.26
$56,071.26 / 129.01 = $434.64 per Single Family DU
$56,071.26 / 186.34 = $300.90 per Multi-family DU
Fee in Lieu of Requirement
$435 per Single Family DU
$301 per Multi-family DU
Draft December 17, 2021
12
Appendix D
Park Development Fee
Variable Calculation Factor Description
Park Development
Single Family DU per Park
Acre
129 # of Single Family DU’s per park
acre
Multi-family DU per Park Acre 186 # of Multi-family DU’s per park acre
Average Cost of Park
Development per Acre
$355,184 Average cost per acre to develop a
neighborhood and community park
Park Dedication Formula
STEP 1: Average Cost of Park Development per Acre / DU’s per Park Acre =
Development Fee per DU
$355,184 / 129 = $2,753.22 per Single Family DU
$355,184 / 186 = $1,906.07 per Multi-family DU
Development Fee Requirement
$2,753.22 per Single Family DU
$1,906.07 per Multi-family DU
Draft December 17, 2021
13
Appendix E
City of Denton Neighborhood and Community Park Development Costs
Item Unit Qty Unit Cost Total Amount Item Unit Qty Unit Cost Total Amount
Professional Service Professional Service
Arch/Eng/Survey Design Services Percentage 12%107,228.60$ Arch/Eng/Survey Design Services Percentage 12%388,882.50$
Project Management Percentage 3%26,807.15$ Project Management Percentage 3%162,034.38$
Geotech/Construction Testing Percentage 2%17,871.43$ Geotech/Construction Testing Percentage 2%64,813.75$
151,907.18$ 615,730.63$
Mobilization Mobilization
Mobilization Percentage 5.00%14,352.43$ Mobilization Percentage 5.00%131,875.00$
Bond and Insurance Percentage 3%21,528.65$ Bond and Insurance Percentage 3%79,125.00$
General Conditions Percentage 2.00%14,352.43$ General Conditions Percentage 2.00%52,750.00$
Contractor Profit Percentage 15.00%107,643.25$ Contractor Profit Percentage 15.00%395,625.00$
157,876.76$ 659,375.00$
Sitework Sitework
Permits LS 1 10,000.00$ $ 10,000.00 Permits LS 1 25,000.00$ $ 25,000.00
SWPPP AC 4 1,000.00$ $ 4,000.00 SWPPP AC 12.5 1,000.00$ $ 12,500.00
Tree Protection AC 4 1,200.00$ $ 4,800.00 Tree Protection AC 12.5 1,200.00$ $ 15,000.00
Clearing and Grubbing AC 4 2,500.00$ 10,000.00$ Clearing and Grubbing AC 12.5 2,500.00$ 31,250.00$
Excavation (50% of Avg. Site)SY 3200 24.00$ 76,800.00$ Excavation (50% of Avg. Site)SY 10000 24.00$ 240,000.00$
Embankment (50% of Avg. Site)SY 3200 8.00$ 25,600.00$ Embankment (50% of Avg. Site)SY 10000 8.00$ 80,000.00$
Demolition/Removal/Remediation LS 1 14,000.00$ 14,000.00$ Demolition/Removal/Remediation LS 1 30,000.00$ 30,000.00$
Drainage/Detention Structure LS 1 15,000.00$ 15,000.00$ Drainage/Detention Structure LS 1 110,000.00$ 110,000.00$
160,200.00$ 543,750.00$
Parking/Roadway Parking/Roadway
Excavation CY 225 26.00$ $ - Excavation CY 700 26.00$ $ 18,200.00
Lime Treated Subgrade (8")SY 650 15.00$ $ - Lime Treated Subgrade (8")SY 1680 15.00$ $ 25,200.00
Geogrid SY 650 10.00$ -$ Geogrid SY 1680 10.00$ 16,800.00$
Flexible Base SY 650 35.00$ -$ Flexible Base SY 1680 35.00$ 58,800.00$
HMAC 2"SY 650 17.50$ -$ HMAC 2"SY 1680 17.50$ 29,400.00$
Curb LF 1000 15.00$ -$ Curb LF 2100 15.00$ 31,500.00$
Striping LF 1000 5.00$ -$ Striping LF 2100 5.00$ 10,500.00$
Stops/Bollards EA 25.0 150.00$ -$ Stops/Bollards EA 70.0 150.00$ 10,500.00$
-$ 200,900.00$
Utilities Utilities
Water Impact Fee LS 1 53,321.64$ 53,321.64$ Water Impact Fee LS 1 75,000.00$ 75,000.00$
Water Pipe LF 250 185.00$ -$ Water Pipe LF 100 55.00$ 5,500.00$
Sewer Impact Fee LS 0 35,000.00$ -$ Sewer Impact Fee LS 1 65,000.00$ 65,000.00$
Sewer Pipe (6")LF 0 185.00$ -$ Sewer Pipe (6")LF 100 55.00$ 5,500.00$
Manholes EA 1 4,000.00$ -$ Manholes EA 10 4,000.00$ -$
Irrigation Impact Fee LS 1 12,000.00$ 12,000.00$ Irrigation Impact Fee LS 1 30,000.00$ 30,000.00$
Electric Connection LS 1 20,000.00$ 20,000.00$ Electric Connection LS 1 20,000.00$ 20,000.00$
Light Poles EA 6 3,500.00$ 21,000.00$ Light Poles EA 25 3,500.00$ 87,500.00$
Electric Infrastructure LS 1 15,000.00$ 15,000.00$ Electric Infrastructure LS 1 115,000.00$ 115,000.00$
121,321.64$ 403,500.00$
Typical Park Amenities Typical Park Amenities
Misc Park Amenities - Bridges,
retaining walls, stage, etc.LS 1 30,000.00$ 30,000.00$
Misc Park Amenities - Bridges,
retaining walls, stage, etc.LS 2 60,000.00$ 120,000.00$
Restroom Building EA 0 -$ Restroom Building EA 1 500,000.00$ 500,000.00$
Playground Equipment/Support EA 1 175,000.00$ 175,000.00$ Playground Equipment EA 1 300,000.00$ 300,000.00$
Shade Structures LS 1 55,000.00$ 55,000.00$ Shade Structures LS 1 90,000.00$ 90,000.00$
10' wide concrete paths SY 950 60.00$ 57,000.00$ 10' wide concrete paths SY 3000 60.00$ 180,000.00$
Concrete multi-sport court (50'x85')SY 420 65.00$ 27,300.00$ Concrete multi-sport courts SY 840 65.00$ 54,600.00$ Non competition sports play
area(lazer grade, soil improvements
and sod)LS 1 35,000.00$ 35,000.00$
Non competition sports play
area(lazer grade, soil improvements
and sod)LS 1 75,000.00$ 75,000.00$
Protective Fencing LF 875 35.00$ -$ Protective Fencing LF 3000 35.00$ -$
Trash Receptacles with pads EA 2 1,250.00$ 2,500.00$ Trash Receptacles with pads EA 15 1,250.00$ 18,750.00$
Pavilion EA 1 30,000.00$ 30,000.00$ Pavilion EA 2 30,000.00$ 60,000.00$
Picnic tables with pads EA 2 1,400.00$ 2,800.00$ Picnic tables with pads EA 20 1,400.00$ 28,000.00$
Drinking fountain w/ slab EA 1 3,500.00$ 3,500.00$ Drinking fountain w/ slab EA 6 3,500.00$ 21,000.00$
Bike rack EA 1 1,000.00$ 1,000.00$ Bike rack EA 4 1,000.00$ 4,000.00$
Benches EA 4 2,000.00$ 8,000.00$ Benches EA 10 2,000.00$ 20,000.00$
427,100.00$ 1,471,350.00$
Miscellaneous Miscellaneous
Park Sign EA 1 8,300.00$ 8,300.00$ Park Sign EA 2 8,300.00$ 16,600.00$
Dog Bag Dispensor EA 2 350.00$ 700.00$ Dog Bag Dispensor EA 4 350.00$ 1,400.00$
9,000.00$ 18,000.00$
Landscape/Irrigation Landscape/Irrigation
Irrigation System AC 4 25,000.00$ 100,000.00$ Irrigation System AC 12.5 25,000.00$ 312,500.00$
Landscaping EA 1 50,000.00$ 50,000.00$ Landscaping EA 1 200,000.00$ 200,000.00$
Hyrdoseed (70%)AC 3 2,650.00$ 7,950.00$ Hyrdoseed (70%)AC 9 2,650.00$ 23,187.50$
Sod (30%)AC 1 18,000.00$ 18,000.00$ Sod (30%)AC 4 18,000.00$ 67,500.00$
175,950.00$ 603,187.50$
Hard Cost (Formula Ref Only)717,621.64$ Hard Cost (Formula Ref Only)2,637,500.00$
Construction Cost 893,571.64$ Construction Cost 3,240,687.50$
Professional Service/Mobilization 309,783.94$ Professional Service/Mobilization 1,275,105.63$
Contingency (10%)89,357.16$ Contingency (10%)324,068.75$
Total Project Cost 1,292,712.74$ Total Project Cost 4,839,861.88$
Neighborhood Park (Based on 3-5 acre park)Community Park (Based on 10-12 acre park)
City of Denton Parks and Recreation City of Denton Parks and Recreation
DRAFT Parkland Dedication and
Development Handbook
2022 Edition
Effective Date to Be Updated Once Final
12/16/2021
2
Table of Contents
SECTION 1: INTRODUCTION .......................................................................................................................... 3
Purpose ......................................................................................................................................................... 3
For Help in Using this Document INFORMATION ......................................................................................... 4
SECTION 2: Overview ................................................................................................................................... 5
Applicability................................................................................................................................................... 5
Pre-Development Meetings INFORMATION ................................................................................................. 5
Park Land Dedication and Fee Methodology ................................................................................................ 5
Park Development Fee .................................................................................................................................. 6
Use and Expenditure of Park Fees ................................................................................................................ 7
SECTION 3: Land Requirements .................................................................................................................... 8
Criteria INFORMATION .................................................................................. Error! Bookmark not defined.
SECTION 4: Park Development Requirements .............................................................................................. 9
Park Standards / Amenities INFORMATION .................................................. Error! Bookmark not defined.
Private Park Improvement and Standards Requirements .......................................................................... 11
SECTION 5: Construction and Utility Requirements ...................................... Error! Bookmark not defined.
Criteria INFORMATION .................................................................................. Error! Bookmark not defined.
SECTION 6: Definitions ................................................................................................................................ 13
Definitions INFORMATION ......................................................................................................................... 13
12/16/2021
3
SECTION 1: INTRODUCTION
The mission of the Parks and Recreation Department (PARD) is to unite and grow lives by preserving parks
and encouraging play. Parks and Recreation supports this mission through strategic planning, capital
improvement enhancements, and the provision of a variety of passive and active recreational
opportunities, programs, and special events. The Parks and Recreation Department fulfills the recreational
needs of the broad demographic segment of our city by the effective utilization of our parks, athletic
fields, walking trails and aquatic facilities.
Park land dedication ordinances are adopted by municipalities as a means to acquire land and funding for
parks in newly developed areas of a community. The intent of a parkland ordinance is to ensure that as
new residential development occurs, the impact new residents have on the operations and maintenance
of the City’s existing park system is fiscally recognized.
The City accounts for new growth and its impact on the park system by establishing a formula for the park
land requirement and park development fee. The formulas consider factors such as the current
population, the current cost of land and construction, and the current inventory of parks to establish the
City’s level of service. These values help to establish the three elements of a park land dedication
ordinance: 1.) the land requirement, 2.) the fee-in-lieu of land dedication, and 3.) the park development
fee. Park zones are created to ensure imposed requirements benefit residents of the area they are
intended to serve. The ordinance includes a review of these factors every 3 years to maintain and ensure
currency of market conditions.
Purpose
The purpose of this Handbook is to provide standards and guidelines for the design, development,
preservation, and enhancement of park spaces. The specifications outlined in the Handbook are
required to maintain the level of service PARD provides to the residents of the City of Denton. Existing
conditions, accessibility, safety, needs, quantities, orientation, context, convenience, maintenance,
programing, and usability are all factors in determining the required land criteria and specification for
facilities, furnishings, amenities, and landscaping in the PARD system. Any modifications to the required
specifications in the dedication of land or development of parks must receive prior authorization from
PARD.
In addition to achieving a standard level of service, the specifications and criteria established in this
Handbook have been developed from safety and design standards in accordance with related national,
federal, state, and local codes including by not limited to:
• International Play Equipment Manufacturer’s Association (IPEMA);
• Consumer Product Safety Commission (CPSC) Handbook for Public Safety;
• American Society for Testing and Materials (ASTM and ASTM F08);
• Accessibility Standards for Play Areas through the ADA Accessibility Guidelines (ADAAG);
• Illuminating Engineering Society of North American (IESNA RP-6-01);
• Denton Development Code; and
• Denton Parks and Recreation Design Criteria and Standards Manual.
12/16/2021
4
For Help in Using this Document
PARKS AND RECREATION
For assistance in using this Handbook, or to get a general understanding of the City of Denton’s Parks
Dedication and Development planning and review, please contact the Parks and Recreation Department
during business hours (Monday through Friday, 8:00 am to 5:00 pm).
Address: City of Denton Parks and Recreation
901 Texas Street A
Denton, TX 76209
Telephone: (940) 349-XXXX
Website: http://www.cityofdenton.com/XXXXXXXXXXX
DEVELOPMENT SERVICES
For assistance in using this Criteria Handbook, or to get a general understanding of the City of Denton’s
development review process, contact the Development Services Department during business hours
(Monday through Friday, 8:00 am to 5:00 pm).
Address: City of Denton Development Services
401 North Elm Street
Denton, TX 76201
Telephone: (940) 349-8700
Website: http://www.cityofdenton.com/landdevelopment
12/16/2021
5
SECTION 2: Overview
Applicability
The Park Land Dedication ordinance applies to all new residential subdivision applications within the city
limits. Non-residential use is exempt. The following new subdivision developments must comply with
ordinance requirements:
• Single-family dwelling units
• Multi-family dwelling units
• Mixed-use residential
Master plan and plats approved prior to May 1, 2022 must comply with the 1998 Ordinance.
Subdivision developments under a planned development agreement or other development agreements
must meet or exceed the requirements of the ordinance. Any variance from the Ordinance must be
approved by the Director and shall be included and outlined in a development agreement which is
approved by City Council.
Pre-application Conference
All applicants are strongly encouraged to request a pre-application conference. During these meetings,
applicants will be assigned a development facilitator who will serve as their primary point of contact for
the duration of the projects. Pre-application conferences help applicants to navigate the development
process and provide an overview of the development process and application requirements. A pre-
application can be requested from the Denton Development Services website at
http://www.cityofdenton.com/landdevelopment.
Park Land Dedication and Fee Methodology
The ordinance requires residential development to dedicate land for public neighborhood and
community parks. The following factors are used to determine the park land dedication requirements:
• Population
• Acres of City park land
• Park land level of service (LOS)
• Residential parcel value
The 2020 population estimates were derived from the U.S. Census is based on residents within the city
limits. As of October 1, 2021, there are 417 acres of neighborhood and community parks in the City. An
average factor of 2.6 people per single family dwelling unit (DU) and 1.8 people per multi-family DU are
used to determine a level of service for DU’s per park acre. A city-wide level of service (LOS) will be
established based on these factors.
The goal of the park land dedication ordinance is to maintain the existing LOS; therefore, park land
dedication and fees cannot be more than the current level of service. The predetermined values used in
the park land dedication calculations are an accurate representation of requirements for providing the
established LOS.
12/16/2021
6
The fee in-lieu of park land is based on an additional factor of the average cost per parcel of land. The
2020 appraised values from the Denton County Appraisal District for residential parcels were used to
determine the average cost of a residential parcel.
Park Land Requirements and Fee In-Lieu Of
To determine park land requirements, the City’s population is divided by the number of neighborhood
and community park acres in the City to establish the number of residents per acre. The residents per
acre value is then divided by the number of people per DU for the maximum number of DU’s per acre of
neighborhood / community park land.
Land Dedication Calculation:
139,869 (population) ÷ 417 (park acres) = 335.42 residents per park acre
335.42 (residents per acre) ÷ 2.6 (people per single family DU) = 129.01 DU’s per park acre
335.42 (residents per acre) ÷ 1.8 (people per multi-family DU) = 186.34 DU’s per park acre
Land dedication requirement = 1 acre for every 129 single family DU
Land dedication requirement = 1 acre for every 186 multi-family DU
To determine the fee in-lieu of land, the average cost per residential parcel is divided by the required
number of DU’s per acre.
Fee-in-Lieu of Land Dedication Calculation:
$1,728,789,052 (total residential land value) ÷ 30,832 (residential parcels) = $56,071.26 average per
parcel
$56,071.26 (average per parcel) ÷ 129.01 DU’s = $434.64 fee per single family DU
$56,071.26 (average per parcel) ÷ 186.34 DU’s = $300.90 fee per multi-family DU
City parks account for 10% of the number of parks when combined with neighborhood and community
parks. Understanding and recognizing that city parks serve all citizens, regardless of zones or
boundaries, 10% of the assessed fee in-lieu of park land will be allocated towards acquisition of city park
land. All requirements, standards, and guidelines outlined in the Ordinance and the Handbook for the
use of fees will apply to the use on City parks.
Park Development Fee
The park development fee establishes a fiscal mechanism to support public park development and
improvements of new neighborhood, community, and city parks as well as amenities to existing
neighborhood, community, and city parks in response to the increased use and demand created by new
residential development.
Park development fees are based on the average construction cost of a neighborhood / community park
per acre and the number of DU’s per acre. Recent park construction costs were evaluated to determine
costs for park projects. The cost to construct a neighborhood park (3-5 acres) and community park (10-
15 acres) was $1,292,713 and $4,839,862, respectively. Construction estimates do not include the cost
12/16/2021
7
of land. The average cost of a neighborhood park was determined at 4 acres and the average for a
community park was determined at 12.5 acres. Both averages were combined for one average
construction cost of $355,184 per acre.
To determine the park development fee, the average construction cost is divided by the DU’s per acre.
Development Fee Calculation:
$355,184 (average park construction cost per acre) ÷ 129 DU’s = $2,753.22 per single family DU
$355,184 (average park construction cost per acre) ÷ 186 DU’s = $1,906.07 per multi-family DU
City parks account for 10% of the number of parks when combined with neighborhood and community
parks. Understanding and recognizing that city parks serve all citizens, regardless of zones or
boundaries, 10% of the assessed park development fee will be allocated towards the development
and/or improvement of a city park. All requirements, standards, and guidelines outlined in the
Ordinance and the Handbook for the use of fees will apply to the use on City parks.
Use and Expenditure of Park Fees
The guidelines in this section specify how PARD uses fees in-lieu of park land dedication and park land
development fees. Zones established by the Ordinance are designated as service areas for the purpose
of using fees collected in-lieu of park land dedication and park land development fees.
A fee in-lieu of dedication collected under this Ordinance shall be used within the park zone where it
was assessed or in an adjacent zone in accordance with the following priorities:
1. PARD will attempt to acquire land or easement located within a 1-mile radius of a development
that meets a Master Plan goal or need, serves an identified critical park land need, or provides
increased connectivity.
2. If no land is identified or available for acquisition within a 1-mile radius, PARD may use funds to
acquire park land or easement within a 2-mile radius.
3. If no additional land that meets the requirements for dedicated park land is available for
acquisition with a 2-mile radius, PARD may use funds to acquire park land at any location within
the park zone that will benefit the development for which the fees were assessed.
4. If no land meeting the standards in 1-3 above is available for acquisition within one year from
the date a fee in-lieu of dedication is paid, PARD may spend the fees to construct recreational
amenities or improvements at an existing park within the applicable park zone.
Development fees collected under the Ordinance shall be spent on the development of recreational
amenities at neighborhood and community parks that meet the locational guidelines for use of fee in-
lieu of dedication listed under this section.
Fees in-lieu of park land dedication and park land development fees allocated towards city parks can be
used for the acquisition of land and development of amenities of any city park within any park zone.
12/16/2021
8
SECTION 3: Land Requirements
3.1
Parkland conveyed to the City of Denton shall meet the following standard:
A. Site shall be free of trash, dead vegetation, and other undesirable material such as poison ivy,
bull nettle, and briars or as identified by PARD staff.
B. Site shall have adequate drainage through the proposed park as to eliminate standing water and
other health hazards as identified by PARD staff.
C. Sites should not be severely sloping or have unusual topography, which would inhibit the land’s
use as a park. At least fifty (50) percent of the required dedicated parkland shall have slopes in
range of two (2) to five (5) percent, well drained, and suitable development for passive and
active use.
D. Disturbed soils will be restored and stabilized by vegetative cover in compliance with City of
Denton Stormwater Design Criteria Manual prior to dedication to the City.
E. Site shall have frontage along a street to allow for public access.
F. Frontage is to be paved with curbs and gutters. Sidewalks are required along street frontages
abutting the outer perimeter of the park.
G. Parkland shall not be overly encumbered with unsightly public utility easements or drainage
channels that would restrict development of site or effect it’s beautification for passive and
active recreation purposes.
H. Subdivision projects that are adjacent to a park or open space shall not be designed to restrict
reasonable access or visibility into the park.
I. Existing native trees as well as other natural elements within the dedicated parkland should be
preserved.
J. Electrical, water, wastewater, and all other utilities provided to the subdivision shall be provided
to the park as part of standard residential subdivision improvements (Section 3.2).
K. Development owner shall agree that parkland will not be used for disposal or staging of
construction materials by contractors, subcontractors, employees, or agents while the
residential subdivision is being built, unless approved in writing by the Director of Parks and
Recreation, or designee.
L. A Phase 1 Environmental Assessment will be required for all land to be dedicated to the city. In
addition, the developer shall make full disclosure of the presence of any hazardous materials,
substances or underground tanks, prior to dedication of parkland.
M. Floodplain may be considered, at the discretion of the City, on a three to one (3:1) basis. Three
(3) acres of floodplain will be equal to one (1) acre of parkland. Not more that 75% of the
required land shall be allowed in a floodplain. Any alteration from this requirement will be
determined by the Director of Parks and Recreation or designee.
N. Detention and retention areas may be considered to meet a portion of the dedication
requirement.
12/16/2021
9
3.2
Utility requirements
Utility Minimum Sizing Review & Approval Required
Electrical 200-amp single-phase service Size and location shall be
approved by PARD
Water 2-inch tap Meter size and location shall be
approved by PARD
Wastewater 4-inch sewer tap Sewer Stub out size and location
shall be approved by PARD
SECTION 4: Park Development Requirements
4.1
All park facilities and improvements, whether a public park or a private park shall be designed and
installed to meet the minimum level of service established for public parks. All parks, private or public,
should be constructed concurrently with the first unit or a specified unit. All parks, public or private,
must submit a Zoning Compliance Plan for the park site or construction plan.
Structures, amenities, and improvements provided by a developer shall be designed and installed to
meet the terms, conditions, and requirements of this Manual and in accordance with related federal,
national, state, or local codes including but not limited to:
• International Play Equipment Manufacturer’s Association (IPEMA);
• Consumer Product Safety Commission (CPSC) Handbook for Public Safety;
• American Society for Testing and Materials (ASTM and ASTM F08);
• Accessibility Standards for Play Areas through the ADA Accessibility Guidelines (ADAAG);
• Illuminating Engineering Society of North American (IESNA RP-6-01); and
4.2
General Requirements for Developer built Park
Park improvements that are to be constructed by the developer, with the intention to convey to the City
to satisfy the Park Dedication Ordinance shall follow the guidelines below:
1. At a minimum, park improvements shall be of a value equivalent to the amount of the park
development fee.
2. Construction receipts shall be submitted to the Director of Parks and Recreation, or designee, to
ensure that the value of park improvements equals or exceeds the amount of the park
development fee.
3. Developer shall work in cooperation with PARD to develop a City approved park site plan prior
to submission of final plat.
12/16/2021
10
4. A detailed set of Zoning and Compliance plans and Civil Engineering plans for construction on
park improvements must be submitted to the City in accordance with the Development Service
procedures and requirements.
5. All plans and specifications shall meet or exceed City standards in effect at the time of
submission.
6. A developer agreement to accept the park design and improvements must be executed prior to
beginning of any construction activity.
7. As a condition of acceptance of park improvements by the City, the developer shall provide the
City a copy of the application and subsequent inspection report prepared by the Texas
Department of Licensing and Regulation or their contracted reviewer for compliance with
Architectural Barriers Act, codified as Article 9102, Texas Civil Statutes, as amended.
8. A two (2) year warranty period of park improvements shall be required as a condition of City
acceptance of park improvements.
9. The City may perform inspections of park improvements during park construction. The
developer shall provide reasonable access to the City to perform such inspections.
10. Once the public park improvements have been completed, the Developer shall provide a set of
as built plans to PARD in electronic format.
11. Developer built parks are subject to the review, recommendation and approval authorities
assigned to the Park, Recreation and Beautification Board, City Council, and other boards,
committees or groups as needed.
4.3
Minimum Amenity Requirements
Required Amenity Minimum
Amount
Minimum Standard*
Playground 1 playground
that incorporates
play areas for
both 2-5 and 5-
12 age groups.
Commercial grade equipment that is IPEMA Certified
and conforms to ASTM F1292. If park is to be transferred
to the City of Denton, all equipment must meet the
following requirements: 1) minimum of 15-year
warranty on all metal and plastics. 2) Powder-coated
metal posts with a five (5) inch diameter. 3) Border of
playground shall be concrete. 4) Surfacing must meet
ASTM F2223-10, F1292, F1951, F2479, F2075. 5) Must
meet ASTM F1487-17 Consumer Safety Performance
Specification for Playground Equipment for Public Use.
Playground Shade Above play area Playground Shade structures of either soft or hard
material shall cover at least 75% of the playground’s
surface area. Warranty Requirements: 20 year against
failure due to corrosion on all commercial steel frames.
10 year on all commercial shade fabric against stitching
failure, tears, or significant fading.
Shade Structure 1 Pavilion with concrete slab that extends at least one foot
beyond the eaves. Shall be a minimum 20’X20’ square or
400 sq. ft. if another shape. Minimum of 2 picnic tables.
Walking Trail TBD Minimum 10 feet in width and looped around and/or
through the site
12/16/2021
11
Site Amenities Picnic tables* (2 minimum, 1 per ½ acre), Benches* (2),
Dog-Waste stations (2), Drinking Fountain (1), Grill (1),
Receptacles: pair trash & recycle (2 minimum, 2 per acre,
on concrete pad that extends at least one foot beyond
receptacle on all sides), 5 Bicycle Rack (1)
*picnic tables and benches shall be placed on concrete
pads large enough to comply with ADA
Park Signage: Entrance 1 Monument style sign. See Parks and Recreation Design
Criteria and Standards Manual
Security Lighting 1 Lighting standard minimum height 20’. LED light required
and may be solar or direct wired.
Trees Varies by zoning Canopy coverage shall meet the requirements of the
Denton Development Code. Any trees planted shall
comply with the PARD approved list, Parks and
Recreation Design Criteria and Standards Manual
Irrigation Varies Planted trees require irrigation per Parks and Recreation
Design Criteria and Standards Manual
4.4
Private Park Improvement and Standards Requirements
Up to 50% of a subdivision’s required parkland dedication and park development requirements may be
satisfied through private parkland, subject to the recommendation of PARD. Either public dedication or
fees in lieu of dedication and development, to be determined by the City, may satisfy the remaining
portion. Where park areas and recreational facilities are to be provided in a proposed subdivision, and
where such areas and facilities are to be privately owned and maintained by the future residents of the
subdivision, these areas and facilities may satisfy the requirement of parkland dedication and park
development if the following standards are met:
1. At a minimum, private parkland is in accordance with Section 4.
2. At a minimum, the park site is improved in accordance with the minimum amenity requirements
listed above in Section 4.3.
3. The private ownership and maintenance of such park areas and facilities are adequately
provided for by recorded HOA documents, park development agreement, conveyance, deed,
plat, and/or restrictions.
4. The use of such private park area is restricted for parks and recreational 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 consent of the City.
5. The property owner’s association or equivalent is responsible for the maintenance of the private
parkland and any park amenities in perpetuity. The City Attorney shall review and approve the
property owner’s association or equivalent documents as it relates to the maintenance of the
private parkland and any park amenities.
12/16/2021
12
4.5
Private Park Credit
1. In order to receive private parkland credit, described in Section 22-40 of the Denton Park
Dedication Ordinance, the developer shall provide documents to the City at the time of final plat
filing sufficient to establish that the requirements as described above have been satisfactorily
met. Construction payment receipts shall be submitted to the Director of Parks and Recreation,
or designee, to validate that the cost of park improvements up to fifty percent (50%) of the
assessed park fees.
2. In the event that the developer proposes to construct the improvements at a later date, as in a
phased development, the City shall require that the developer obtain a surety bond,
performance bond, park development agreement, and/or other forms of guarantee that the
recreational amenities will be installed concurrent with the build out plan of the subdivision as
required by the City.
3. Yards, setbacks, and other open areas that are required by the City’s Development Code are not
eligible for credit.
4. Unless enclosed behind security fencing accessible only to association residents, park amenities
shall be open to the public. A public access easement overlay for trails shall be provided to the
City.
Facilities eligible for credit are those minimal supplementary facilities typically incorporated into a
Denton passive park, credit eligibility requires a minimum of 2 contiguous acres and provides a
minimum of four (4) of the park amenities listed below:
Eligible Credit Amenity Minimum Amount Minimum Standard
Playground with Shade 1 playground that
incorporates play areas
for both 2-5 and 5-12
age groups.
Commercial grade equipment that is IPEMA Certified and conforms to ASTM
F1292. If parks are to be transferred to the City of Denton, all equipment must
meet the following requirements: 1) minimum of 15-year warranty on all metal
and plastics. 2) Powder-coated metal posts with a five (5) inch diameter. 3)
Border of playground shall be concrete. 4) Surfacing must meet ASTM F2223-
10, F1292, F1951, F2479, F2075. 5) Must meet ASTM F1487-17 Consumer
Safety Performance Specification for Playground Equipment for Public Use.
Playground Shade structures of either soft or hard material shall cover at least
75% of the playground’s surface area. Warranty Requirements: 20 year against
failure due to corrosion on all commercial steel frames. 10 year on all
commercial shade fabric against stitching failure, tears or significant fading.
Shade Structure 1 Pavilion with concrete slab that extends at least one foot beyond the eaves.
Shall be a minimum 20’X20’ square or 400 sq. ft. if another shape. Minimum of
2 picnic tables.
Walking Trail TBD Minimum 8 feet in width and looped around and/or through the site
Practice Field Variable (1 acre
minimum)
Minimum one (1) acre set aside for practice space. Can be one (1) large open
space or a combination of smaller spaces with no single space being smaller
than 10,000 sq ft. Space(s) shall be leveled and have a maximum slope of 2% in
any direction
Basketball Court 1 Minimum 1/2 size of UIL standard with at least two (2) goals. Concrete court
with alkyd surfacing and lines for baselines, free throw line(s) and the "lane"
Tennis Court 1 Minimum one (1) regulation court including six-foot perimeter fence, net and
court surfacing/striping. Fenced concrete court with alkyd surfacing and all
lines necessary for a regulation court.
12/16/2021
13
Sand Volleyball 1 Minimum one (1) regulation court including net and sand that meets x
specifications. Net(s) shall be adjustable with metal poles that are either
galvanized or powder-coated for durability. Sand shall be minimum 12" deep
and free from rocks and other debris.
Disc Golf Course 1 Nine (9) Hole Disc Golf Course including baskets and appropriate tee markers
and rules signage. Permanently installed Commercial quality baskets.
Dog Park Varies Minimum 1/2-acre fenced area with irrigated turf. Dog Park shall be leveled
and have a maximum slope of 5% in any direction.
Fitness Equipment 3 Outdoor Fitness Equipment installed in a grouping or in series along the
walking trail. All equipment shall be institutional or commercial grade and
compliant with ASTM F2277 Standard Test Methods for Evaluating Design and
Performance Characteristics of Selectorized Strength Equipment, ASTM F1749
Standard Specification for Fitness Equipment and Fitness Facility Safety Signage
and Labels, ASTM F2216 Standard Specification for Selectorized Strength
Equipment and ASTM F2276 Standard Specification for Fitness Equipment.
Recreation Center 1 Clubhouse type building for residents that can includes meeting rooms, quiet
areas, fitness equipment, entertainment area, swimming pool.
Community Garden 1/4 acre Area for the residents to plant and tend a garden
Other approved items Other items can be considered with prior approval by the Director of Parks and
Recreation
SECTION 5
Design and Landscaping Criteria
The Parks and Recreation Design Criteria and Standards Manual outlines recommended plants, irrigation
specifications and other landscaping requirements. The Manual will be provided by the Parks and
Recreation Department.
SECTION 6
Definitions
As builts: a revised set of construction drawings submitted by a contractor upon completion of a project
that reflect all changes made in the specifications and working drawings during the construction process
and show the exact dimensions, geometry, and location of all elements of the work completed under a
contract.
City Parks: Generally, between 30 to 500 acres however, typically greater than 50 acres and contain
active and/or passive amenities such as, but not limited to, recreation center(s), athletic complexes,
pool, trails, landscaping, playground, open space, benches, pavilion, and/or sculptures.
Community Parks: A Community Park is generally between 20 to 50-acres, however, typically fall
between 30 to 50 acres and contain active and/or passive amenities, such as, but not limited to,
ballfields, courts, pool, trails, landscaping, playground, open space, benches, pavilion, and/or sculptures.
DU or Dwelling Unit: A building structure used as a home, residence or sleeping place by one or more
persons.
Extraterritorial Jurisdiction (ETJ): Land outside of the city limits where services can be provided.
12/16/2021
14
Level of Service Standard (LOS): An indicator and/or qualitative measure of the extent or degree of
service provided and related to the operational characteristics of the service. A metric of available park
amenities and services in an area.
Linear Park: A Linear Park, or often called greenways, can vary in size and length, but are typically longer
than they are wide. This tract of parkland may contain passive and/or active amenities such as, but not
limited to, green space with trails of various tread types and connects assets such as parks, schools,
neighborhoods, and business districts.
Neighborhood Parks: A Neighborhood Park is generally between 0 to 20-acres however, typically fall
between 3 to 5 acres, within walking distance of the immediate service population and contain passive
amenities such as, but not limited to, landscaping, playground, open space, benches, pavilion, and/or a
sculpture.
PARD: Denton Parks and Recreation Department
Park Dedication and Development Ordinance: City of Denton Ordinance # 20-XXXX
Parks and Recreation Design Criteria and Standards Manual: Manual created that outlines the design
criteria and standard to be set by the Parks and Recreation Department to attain and maintain a
consistent look and feel to all park spaces.
Population: Include the estimated population of the city within the city limits.
Private Park: Owned, managed, and maintained by a property or homeowner’s association.
Private Park Credit: Up to 50% reduction of park dedication fee in lieu of land amount and park
development fees
Public Park: Owned, managed, and maintained by the City of Denton.
Residential Subdivision: Ordinance 98-039 definition is: Residential subdivision means the division or
redivision of land into five (5) or more lots, tracts, sites or parcels for the purpose of developing residential
dwelling units.
1/7/2022
1
Park Dedication (915)
Park Development (916)
Fund Programs
1/3/22 PRB21‐093 1
Presentation Overview
What are 915 / 916 Funds?
Current Ordinance
Need for Update
Approach
Proposed Updates
Staff Recommendations
Discussion
1/3/22 PRB21‐093 2
1/7/2022
2
915 / 916 Funds
Park Dedication (915) – the allocation of land for the development of a park
Park Development (916) – the allocation of funding for
park development and improvements
Provide recreational areas as part of the planning and development process
•Applies to new residential developments
•Provide parks directly benefiting residents of a development
•Keep pace with growth
•Keep pace with need
•Conveys cost to the user / new development pays for itself
1/3/22 PRB21‐093 3
Current Ordinance (98‐039)
Alternatives 915 916
Fee‐In‐Lieu
Combination of fee and
other alternatives
Private park credit
Park Construction
Development
agreement
915
Dedication
Calculation
•2.5 acres/1,000
population
•# of units
•Persons per DU
factor
•Single – 2.8
•Multi – 1.8
Fee‐In‐Lieu
•Value of project
property (DCAD)
916
Development
Calculation
•$208,000
development cost
@ 5 acres
•Flat Fee
•Single – $291
•Multi – $187
Fee
# of DU’s
multiplied by fee
Restrictions: Neighborhood Parks
½ mile to 1 mile radius
1/3/22 PRB21‐093 4
1/7/2022
3
Need for Update
Challenges 915 / 916 Solutions
Rough Proportionality Test Connection between
requirements and projected park
use / Individual approach
Create zones and establish
service level
Methodology Outdated formulas and costs Update data for calculations
Program Practice Outcomes
Dedication 1998 – 2.5 acres / 1,000 2021 – 3.0 acres / 1,000
Development 2017 – 2020
$1.44M Collected
6,380 SF / MF residential permits issued
13,380 estimated population
1 Neighborhood Park
1,300 DU’s per park acre @ 5 acres
2,600 people per park acre @ 5 acres
1/3/22 PRB21‐093 5
Approach
Review
•Parks Staff
•Stakeholder
Departments
Professional
Service
• Dr. John
Crompton
Developer’s
Town Hall
•Presentations
• Focus Group
Participants
Focus Group
• 11 Reps
•8 Firms
1/3/22 PRB21‐093 6
1/7/2022
4
Proposed Updates
915
Dedication
Service Level = DU’s
per Park Acre
•Population
•Park Acres
•People per DU
•Single – 2.6
•Multi – 1.8
Fee‐In‐Lieu per DU
•City residential
value
•Service Level
916
Development
Avg. cost of park
development /
Service Level
•$355,184
•Single / Multi
factors
Fee per DU
•# of DU’s based
on type
•Establishes Service Levels
•Establishes Park Zones
•Dedicated use in zone of development
•Set Fees
•Single Family and Multi‐Family
•Expands alternatives
•Required update every 3 years
•Handbook
1/3/22 PRB21‐093 7
Proposed Fees
A
C
B
D
E
Park Zones
• 1 acre for every 129 Single Family DU’s
• 1 acre for every 186 Multi‐family DU’s
Dedication
• $435 per Single Family DU
• $301 per Multi‐family DU
Fee‐In‐Lieu
• $2,753 per Single Family DU
• $1,906 per Multi‐family DU
Development
1/3/22 PRB21‐093 8
1/7/2022
5
CURRENT PROCESS ‐ 300 Unit – Single Family Development
Park Dedication
Acreage = (2.5 acres) *(# of DU) *(Person/Unit)
1,000
Fee in Lieu = Assessed Land Dedication *Value per
Acre of Project
Park Development
Flat Fee *# of Proposed DU’s
2.5 acres * 300 * 2.8
(Person/Unit)
1000
2.1 acres of
land
$56,071 per
acres DCAD
*2.1 acres
requiredor
$117,749.10
for Fee in Lieu
of Land
$87,300 for park development
$291.00 * 300 units
TOTAL IMPACT FEE ‐ $205,049.10
PROPOSED PROCESS ‐ 300 Unit – Single Family Development
Park Dedication
Acreage = (# of Single DUs)
129
Fee in Lieu = $435 fee per unit * # of Single DUs
Park Development
Flat Fee *# of Proposed DU’s
300 units
129
2.32 park acres
of land
$435* 300
units
or
$130,500 for
Fee in Lieu of
Land
$825,900 for park development
$2,753 * 300 units
TOTAL IMPACT FEE ‐ $956,400
1/7/2022
6
Staff Recommendations
Approve of new methodology and proposed fees
Implementation timeline
3 to 6 months after ordinance adoption
1/3/22 PRB21‐093 11
Discussion
DENTON PARKS AND RECREATION
1/3/22 PRB21‐093 12