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i <br /> x <br /> ISIONSI <br /> x <br /> ARTICLE 5: ADEQUATE PUBLIC FACILITIES and easements and to construct capital improvements to offset <br /> such impacts. <br /> DIVISION 1: IN 6EKERAL C. Mitigation of Development Impacts; Fair Share.The City <br /> desires to assure both that development impacts are mitigated <br /> Section 3.5.1.1Applicability through contributions of rights-of-way,easements and <br /> A. Land proposed for development in the City and in the City's construction of capital improvements,and that a development <br /> extraterritorial jurisdiction must be served adequately by project contribute its fair share of such costs. <br /> essential public facilities and services, including water, D. Relief from Obligations. In order to achieve proportionality <br /> wastewater, roadway,transit, bicycle, pedestrian,drainage, between the demands created by a proposed development on <br /> open space, greenways and parkland facilities. public facilities and the obligation to provide adequate public <br /> B. Land shall not be approved for platting under Section 3.1.1.1 facilities the following options are available: <br /> or site development under Section 2.7.1.1 unless and until 1. The City may participate in the costs of capital <br /> adequate public facilities as defined in this Chapter 3 and improvements in accordance with Section 3.5.2.11 <br /> according to the established levels of service exist, or provision <br /> has been made for the facilities,whether the facilities are to be 2. The City may credit or offset the obligations against <br /> located within the property being developed or off-site. payment of impact fees in accordance with Chapter 86 of <br /> C. Public facilities shall be considered sufficient where it is the City Code of Ordinances. <br /> demonstrated to have available capacity to accommodate the 3. The City Council may consider the findings in this Section <br /> service demand generated by the proposed development, as 3.5.1.2 and decide to relieve the property owner of some <br /> well as other approved developments,the Comprehensive or part of the obligations in response to a request for relief. <br /> Plan and other adopted master plans for public facilities and <br /> services, and applicable capital improvement plans. 4. The City may also request reservation of rights-of-way in <br /> accordance with Section 3.5.1.3. <br /> Section 3.5.1.2Dedication and Construction Requirements <br /> Section 3.5.1.3Reservation of Public Land <br /> A. Support for New Development. <br /> A. Where a proposed thoroughfare,transit facility, park,greenway, <br /> 1. New development must be supported by adequate levels open space, school,fire station or other public use shown in <br /> of public facilities and services. the Comprehensive Plan or other adopted city plan is located <br /> in whole or in part in a development where the proposed <br /> 2. It is necessary and desirable to provide for dedication of improvements do not serve the proposed development,the <br /> rights-of-way and easements for capital improvements Responsible Official shall require the reservation of the land for <br /> to support new development at the earliest stage of the future use. <br /> development process. <br /> 3. Requirements for dedication and construction of capital DIVISION 2: DETERMINATION OF ADEQUATE PUBLIC FACILITIES <br /> improvements to serve a proposed new development <br /> should be attached as conditions of approval of any Section 35.2.11nitial Provision for Dedication or <br /> development application that contains a specific layout of Construction. <br /> the development. A. The City shall require an initial demonstration that a proposed <br /> B. Essential Nexus.There is an essential nexus between development shall be adequately served by public facilities <br /> the demand on public facilities systems created by a new and services at the time for approval of the first development <br /> development and the requirement to dedicate rights-of-way application that portrays a specific plan of development but at <br /> no time shall the determination be made after the approval of a <br /> 3:20 San Marcos Development Code Amended:September 1, 2020 <br />