Ord 2013-035/Amending Chapters 1 through 8 of the Land Development Code to implement the changes made through Ord 2013-16 which adopted the comprehensive plan

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Subpart B - LAND DEVELOPMENT CODE Chapter 1 - DEVELOPMENT PROCEDURES ARTICLE 10: - RELIEF PROCEDURES DIVISION 3: - PETITION FOR RELIEF FROM DEDICATION OR CONSTRUCTION REQUIREMENT 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. (e) Land in Extraterritorial Jurisdiction. Where land or facilities to be dedicated are located in the extraterritorial jurisdiction of the City and are to be dedicated to a county under an interlocal agreement under Tex. Loc. Gov't Code ch. 242, a petition for relief or study in support of the petition shall not be accepted as complete for filing by the responsible official unless the petition or study is accompanied by verification that a copy has been delivered to the county in which the facilities are to be located. Section 1 „10...3...3 ,,. Pirocessiling of Petlitlions and IlD iii iiion (a) Responsible Official. The Engineering Director is the responsible official for a petition for relief from a dedication or construction requirement. Where the petition is for relief from dedication of rights -of -way for or construction of a facility in the City's extraterritorial jurisdiction that is to be dedicated to a county under an interlocal agreement under Tex. Loc. Gov't Code ch. 242, the Director shall coordinate a recommendation with the county official responsible for reviewing plats in the county. The Director shall evaluate the petition and supporting study and shall make a recommendation to the City Council based upon the information contained in the study, any comments received from the county, and the Director's analysis. In evaluating the petition and study, the Director shall take into account the maximum amount of any impact fees to be charged against the development for the type of capital improvement that is the subject of the petition, and any credits due the petitioner against impact fees, as well as any traffic impact, drainage or other adequate facilities studies evaluating the impacts of the development or similar developments on the City's water, wastewater, roadway, drainage or parks systems. The Director may utilize any reasonable methodology in evaluating the petitioner's study, including but not limited to impact fee methodologies. (b) Decision - Maker. The City Council shall decide the petition for relief from a dedication or construction requirement. (c) Public Hearing. The City Council shall conduct a public hearing in accordance with Article 3, Division 3 of this Chapter 1, within 30 working days after the study supporting the petition is filed with the responsible official. (d) Burden of Proof. The petitioner bears the burden of proof to demonstrate that the application of a dedication or construction requirement that is uniformly applied imposes a disproportionate burden on the petitioner. (e) Decision. The City Council shall consider the petition for relief from a dedication or construction requirement and, based upon the criteria set forth in Section 1.10.3.4, shall take one of the following actions: (1) Deny the petition for relief, and impose the standard or condition in accordance with the initial decision; or (2) Deny the petition for relief, upon finding that the proposed dedication or construction requirements are inadequate to offset the impacts of the development on community water, wastewater, roadway or drainage San Marcos, Texas, Code of Ordinances Page 133