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 4: - GENERAL LEGISLATIVE PROCEDURES DIVISION 3: - PETITION FOR UTILITY EXTENSION DI VISHIN 3 PE71 t t'ii,1 .t iii 117 tt,t t t °" t " t t IVS1'i` 1 Section 1„ ...3 „1 ,,. Puirpose, AppIllicalb111111ty and Ilf;; °ff f (a) Purpose. The purpose of a petition for approval of a utility extension shall be to determine whether the City wishes to authorize extension of water or wastewater facilities to provide services to a development located outside the City limits. (b) Applicability. A petition for approval of a utility extension shall be required where a property owner seeks water or wastewater services from the City for a proposed project that will be located outside the City limits at the time of the proposed extension and subsequent development, or where a property owner seeks wastewater service from the City but not water service. (c) Effect. Approval of a petition for a utility extension authorizes the City to annex the property, and authorizes the petitioner to submit development applications consistent with the capacity of the facilities to be extended, and upon approval of the applications, to construct extensions of the facilities in accordance with the terms of the approved petition. Section 1 „4...3...2 ,,. Sequence of Approvals The petition for approval of a utility extension may be accompanied by an application for approval of a Watershed Protection Plan (Phase 1) and plat application illustrating the nature of the proposed development, provided that the petition shall be decided first. A petition for approval of a utility extension may not be submitted with a petition for a development agreement. Section 1„ „3 „3 ,,. AppIllicatiloin Requirements (a) Responsible Official. The II 2I as7s7ing i; Director shall be the responsible official for a petition for approval of a utility extension. (b) Contents. A petition for approval of a utility extension shall be accompanied by an application prepared in accordance with Chapter 1 of the Technical Manual. Section 1„ ...3„ 4 ,,. Pirocessiling of IPetliifiiioin and IlD iiisiiion (a) Planr4qg 911Director's Role. The i;Director shall circulate the petition among City departments for review, shall evaluate the petition under the approval criteria, and shall prepare a report that shall be delivered to the City Council in advance of the Council's consideration of the petition. The report shall contain the Director's analysis of the financial feasibility of extending water and wastewater services to the development and any fiscal impacts on the utilities from the extension. (b) Council Decision. The City Council shall consider the petition, and shall decide whether to approve, conditionally approve or deny the petition. Section 1 „ ...3„ 5 ,,. Cirliiteirliia for Appirovall l (a) Factors. In deciding the petition for approval of a utility extension, the Council shall consider the factors in Chapter 2, Article 3 of this Land Development Code. San Marcos, Texas, Code of Ordinances Page 42