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<br />41 <br /> <br />, <br /> <br />I <br /> <br />Chapter 1 Development Procedures - Article 10 Relief Procedures <br /> <br />Division 3: Petition for Relief from Dedication or Construction Requirement <br /> <br />Section 1.10.3.1 <br /> <br />Purpose, Applicability and Effect <br /> <br />(a) Purpose. The purpose of a petition for relief from a dedication or construction <br />requirement is to assure that the application of uniform dedication and construction <br />standards to a proposed plat or other development application does not result in a <br />disproportionate burden on the property owner, taking into consideration the nature <br />and extent of the demands created by the proposed development on the City's public <br />facilities systems. <br /> <br />(b) Applicability. A petition for relief under this division may be filed by a property <br />owner to contest any requirement to dedicate land for or to construct public <br />improvements for dedication to the public that is imposed under the public facilities <br />standards in Chapter 7 of this Land Development Code to a plat application or to any <br />other petition or development application authorized under this Code, whether the <br />requirement is under uniform standards, or attached as a condition to approval of the <br />petition or permit. A petition under this division shall not be used to seek variation <br />from a standard on grounds applicable to a petition for a variance under Division 2 of <br />this Article 10. <br /> <br />(c) Effect. If the relief requested under the petition is granted in whole or in part by the <br />City Council, the dedication or construction requirement initially imposed shall be <br />modified accordingly, and the standards applied or the conditions attached to initial <br />approval of the development application shall be thereafter applied in accordance <br />with the relief granted. In the event the original application was denied by the <br />decision-maker based upon the property owner's failure to incorporate the dedication <br />or construction requirement in the proposed permit, the application shall be remanded <br />to the original decision-maker for a decision consistent with the relief granted by the <br />Council. <br /> <br />Section 1.10.3.2 <br /> <br />Petition Requirements <br /> <br />(a) Who May Petition. A petition for relief from a dedication or construction requirement <br />may be filed by a property owner or the applicant for any petition for a legislative <br />decision or development permit, in which the dedication or construction requirement <br />has been applied or attached as a condition of approval, or as grounds for denying the <br />petition or development permit application. <br /> <br />(b) Form of Petition. The petition for relief from a dedication or construction <br />requirement shall allege that application of the standard or the imposition of <br />conditions relating to the dedication or construction requirement is not roughly <br />proportional to the nature and extent of the impacts created by the proposed <br />development on the City's water, wastewater, roadway, drainage or parks system, as <br />the case may be, or does not reasonably benefit the proposed development. <br /> <br />City of San Marcos. Texas <br /> <br />1-159 <br /> <br />Land Development Code - Final <br />