Ord 2004-092 - Laserfiche WebLink

Home Browse Search

Chapter 1 Development Procedures - Article 10' Relief Procedures (c) Study Required. The petitioner shall provide a study in support of the petition for relief that includes the following information: It (1) Total capacity of the City's water, wastewater, roadway, drainage or park system to be utilized by the proposed development, employing standard measures of capacity and equivalency tables relating the type of development proposed to the quantity of system capacity to be consumed by the development. If the proposed development is to be developed in phases, such information also shall be provided for the entire development proposed, including any phases already developed. (2) Total capacity to be supplied to the City's water, wastewater, roadway, drainage or park system by the proposed dedication of an interest in land or construction of capital improvements. If the development application is part of a phased development, the information shall include any capacity supplied by prior dedications or construction of capital improvements. (3) Comparison of the capacity of the City's public facilities system(s) to be consumed by the proposed development with the capacity to be supplied to such system(s) by the proposed dedication of an interest in land or construction of capital improvements. In making this comparison, the impacts on the City's public facilities system(s) from the entire development shall be considered. , (4) The effect of any credits against impact fees due the petitioner as a result of dedicating the land or constructing the capital improvement in accordance with the City's requirements. (5) The effect of any City participation in the costs of oversizing the capital improvement to be constructed in accordance with the City's requirements. (6) Any other information that shows the alleged disproportionality between the impacts created by the proposed development and the dedication or construction requirement imposed by the City. (d) Time for Filing Petition and Study. A petition for relief from a dedication or construction requirement shall be filed with the responsible official within ten days of the initial decision on the development application. Where the dedication or construction requirement is applicable to more than one development permit, the petition for relief shall be filed following a decision on the first application in which the requirement is applied. The study in support of the petition shall be filed within 30 days of the initial decision, unless the petitioner seeks an extension in writing. The responsible official may extend the time for submitting the study for a period not to exceed an additional 30 days for good cause shown. , City of San Marcos, Texas 1-160 Land Development Code - Final