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- -�i <br /> SUBDIVISIONS Jmmmj <br /> 91 <br /> a <br /> upstream drainage area under developed conditions and estimate or the bid must clearly delineate the difference <br /> shall be designed to prevent overloading the capacity of in cost between the facilities the developer is required to <br /> the downstream drainage system as determined by the install and the oversize facilities requested by the City.The <br /> Responsible Official and in accordance with Section 3.9.1.1 amount of the reimbursement shall be subject to review <br /> and the City's adopted stormwater technical manual. and approval by the Responsible Official. <br /> B. The City may require the phasing of development,the use B. Escrow Policies and Procedures <br /> of control methods such as retention or detention,the <br /> construction of off-site drainage improvements,and/or 1. Request for Escrow.Whenever this Development Code <br /> payment of stormwater connection fees in order to mitigate the requires a property owner to construct a street, road or <br /> impacts of the proposed development. thoroughfare, or other type of public improvement,the <br /> property owner may petition the City to construct the <br /> Section 3.5.2.1OOther Facilities improvement at a later time, in exchange for deposit of <br /> escrow as established below, if unusual circumstances <br /> A. Parkland.Where a proposed park,open space, or greenway exist, such as a timing issue due to pending improvements <br /> shown in the Comprehensive Plan or other adopted City Master by another agency such as TXDOT or the county,that <br /> Plan is located in whole or in part in a development,the City would present undue hardships or that would impede <br /> shall require the dedication of land in accordance with Section public infrastructure coordination or timing. If more than <br /> 3.10.1.1. one street, road or thoroughfare must be constructed in <br /> Section 3.5.2.11 City Facilities Participation order to meet adequacy requirements for roadways,the <br /> Responsible Official may prioritize roadways for which <br /> A. City Facilities Oversize Participation escrow is to be accepted and require the deposit of all <br /> funds attributable to the development in escrow accounts <br /> 1. The developer shall,at the request of the Responsible for one or more of the affected roadways.The Responsible <br /> Official,dedicate rights-of-way and easements, and Official shall review the particular circumstances involved <br /> construct roadway,drainage,wastewater,water and other and may require a transportation impact assessment. <br /> public facilities, of a size greater than the City's minimum The Responsible Official shall determine whether or not <br /> standards or the size needed to serve the area being provision of escrow deposits will be acceptable in lieu of <br /> developed,whichever is greater. In connection with the the property owner's obligation to construct the street or <br /> request,the City shall enter into an agreement with the thoroughfare. <br /> developer under which the City reimburses the developer <br /> for the increase in the cost of the facilities within one year 2. Escrow Deposit with the City.Whenever the City Council <br /> after the date the construction plans for the facilities are agrees to accept escrow deposits in lieu of construction <br /> approved, or within sixty(60)days after the construction by the property owner,the property owner shall deposit in <br /> has been completed,whichever is later.The agreement escrow with the City an amount equal to the owner's share <br /> will be subject to approval by the City Attorney and City of the costs of design,construction, permits, reviews and <br /> Manager, and if the amount of the reimbursement exceeds approvals, inspections,any additional land acquisition, <br /> the City Manager's authority to approve by the City and an appropriate (and realistic) inflation factor to ensure <br /> Council. that the actual "future dollar"costs will be covered when <br /> actual construction occurs in the future.This amount shall <br /> 2. Determination of Reimbursement Amount.Before a be reviewed and approved by the Responsible Official, <br /> developer is entitled to reimbursement under this section, and shall be paid prior to recording of the final plat.The <br /> the developer shall furnish the Responsible Official with a obligations and responsibilities of the property owner <br /> construction cost estimate for the facilities prepared by the shall become those of the property owner's transferees, <br /> developer's engineer, or a signed copy of the construction successors and assigns; and the liability therefore shall be <br /> contractor's bid for construction of the facilities.The cost joint and several. <br /> Amended:September 1, 2020 San Marcos Development Code 3 <br />