Laserfiche WebLink
x <br /> SUBDIVISION <br /> rn <br /> and easements and to construct capital improvements to offset subdivision or development plat under Section 3.1.1.1 or a site <br /> such impacts. development permit under Section 2.7.1.1. <br /> C. Mitigation of Development Impacts; Fair Share.The City B. Deferral of Obligation.Once an obligation has been <br /> desires to assure both that development impacts are mitigated determined,the obligation to dedicate rights-of-way for or to <br /> through contributions of rights-of-way, easements and construct one or more capital improvements to serve a new <br /> construction of capital improvements, and that a development development may be deferred until approval of a subordinate <br /> project contribute its fair share of such costs. development permit. <br /> D. Relief from Obligations. In order to achieve proportionality C. Responsibilities of the Developer.The following actions shall <br /> between the demands created by a proposed development on be demonstrated by the developer with regard to the provision <br /> public facilities and the obligation to provide adequate public of adequate public facilities related to the approval of a permit <br /> facilities the following options are available: or application under Section 3.1.1.1 or Section 2.7.1.1. <br /> 1. The City may participate in the costs of capital 1. Phasing of development or improvements in order to <br /> improvements in accordance with Section 3.5.2.11 ensure the provision of adequate public facilities; <br /> 2. The City may credit or offset the obligations against 2. Extensions of public facilities and roadways(including <br /> payment of impact fees in accordance with Chapter 86 of any necessary on-site and off-site facilities)to connect to <br /> the City Code of Ordinances. existing public facilities; <br /> 3. The City Council may consider the findings in this Section 3. Improvements to existing facilities required to <br /> 3.5.1.2 and decide to relieve the property owner of some accommodate increased traffic demand from proposed <br /> or part of the obligations in response to a request for relief. land uses; <br /> 4. The City may also request reservation of rights-of-way in 4. Providing and/or procuring all necessary property <br /> accordance with Section 3.5.1.3. interests, including rights-of-way and easements,for the <br /> facilities (whether on-site or off-site); <br /> Section 3.5.1.3 Reservation of Public Land <br /> 5. Providing proof to the City of adequate public facilities; <br /> A. Where a proposed thoroughfare,transit facility, park,greenway, <br /> open space, school,fire station or other public use shown in 6. Making provisions for future expansion of the public <br /> the Comprehensive Plan or other adopted city plan is located facilities as needed to serve future developments, subject <br /> in whole or in part in a development where the proposed to the City's oversize participation policies, if applicable; <br /> improvements do not serve the proposed development,the <br /> Responsible Official shall require the reservation of the land for Making provisions for the dedication of public facilities <br /> future use. identified in the Comprehensive Plan and other city master <br /> plans in accordance with Section 3.5.1.1; <br /> DIVISION 2: DETERMINATION OF ADEQUATE PUBLIC FACILITIES 8. Providing for all operations and maintenance of the public <br /> facilities, or providing proof that a separate entity will be <br /> Section 3.5.2.1 Initial Provision for Dedication or responsible for the operations and maintenance of the <br /> Construction. facilities; <br /> A. The City shall require an initial demonstration that a proposed 9. Providing all fiscal security required for the construction of <br /> development shall be adequately served by public facilities the public facilities; <br /> and services at the time for approval of the first development <br /> application that portrays a specific plan of development but at 10. Obtaining approvals from the applicable public and private <br /> no time shall the determination be made after the approval of a utility providers other than the City; and <br /> 3:20 San Marcos Development Code Adopted April 17,2018 <br />