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 facilities, and either deny the development application or require that additional dedications of rights -of -way for or improvements to such systems be made as a condition of approval of the application; or (3) Grant the petition for relief, and waive in whole or in part any dedication or construction requirement to the extent necessary to achieve proportionality; or (4) Grant the petition for relief, and direct that the City participate in the costs of acquiring land for or constructing the capital improvement under standard participation policies. (f) Notification of Decision on Petition. The petitioner shall be notified of the decision on the petition for relief in the manner provided in Article 3, Division 2 of this Chapter 1. Section 1 „1 ...3„ 4 ,,. Cirliiteirliia for Approval In deciding the petition for relief from a dedication or construction requirement, the City Council shall determine whether the application of the standard or condition requiring dedication of an interest in land for public improvements or construction of capital improvements is roughly proportional to the nature and extent of the impacts created by the proposed development on such water, wastewater, roadway, drainage or park system, and reasonably benefits the development. In making such determination, the Council shall consider the evidence submitted by the petitioner, the Director's report and recommendation and, where the property is located within the City's extraterritorial jurisdiction, any recommendations from the county. Section 1 „10...3„ 5 ,,. Ilf;;° Ipiiiir fiiioin and Ilf;;° f ins Ioin (a) Expiration on Failure to File Application. Where a development application was denied based upon the imposition of the standard or condition requiring dedication of land or construction of a capital improvement, the petitioner shall resubmit the application to the original decision -maker within 90 days of the date the petition for relief is granted in whole or in part showing conformity with the City Council's decision on the petition, or the relief granted by the City Council on the petition shall expire. The Council may extend the time for filing the development application for good cause shown, but in any event, the expiration date for the relief granted shall not be extended beyond one year from the date the petition was granted. (1) If the development application is modified to increase the number of residential units or the intensity of nonresidential uses, the responsible official may require a new study to validate the relief granted by the City Council. (2) If the development application for which relief was granted is denied on other grounds, a new petition for relief may be required. (b) Effect of Permit Expiration or Extension. Where approval of the development application was conditioned on satisfaction of the dedication or construction requirement, the Engineering Director may require the applicant to submit a modified application or supporting materials consistent with the relief granted by the City Council on the petition. The relief granted on the petition shall remain in effect for the period the development permit is in effect, and expire upon expiration of the development permit. Extension of the development permit also shall result in extension of the relief granted on the petition. San Marcos, Texas, Code of Ordinances Page 134