San Marcos Development Code 9.1.2020

3 C H A P T E R

Subdivisions

a. Determination of escrow amount. The amount of the escrow shall be determined by using comparable “turnkey” costs for construction of the improvements (including design, permits, reviews and approvals, inspections and any additional land acquisition that may be needed). The determination of the escrow amount shall be made as of the time the escrow is due hereunder, and shall be subject to the review and approval of the Responsible Official. b. Termination of escrow. Escrows, or portions of escrowed amounts, which have been placed with the City under this Section and which have been held for a period of ten years from the date of such payment or agreement, in the event that the City has not authorized the preparation of plans and specifications for construction of such roadway facilities for which the escrow was made, shall, upon written request, be returned to the property owner or applicant who originally paid the escrow amount, along with one-half of its accrued interest. Such return does not remove any obligations of the property owner for construction of the required facilities if a building permit has not been issued on the subject Lot(s) or if application for a new building permit(s) is made. c. Refund. If any street, road, highway or thoroughfare for which escrow is deposited is constructed by a party other than the City, or is reconstructed by another governmental authority at no cost to the City, the escrowed funds and accrued interest shall be refunded to the property owner or applicant who originally paid the escrow amount upon written request and after completion and acceptance of the public improvements. In the event that a portion of the cost is borne by the City and the other portion of the cost by another party or governmental authority, the difference between the property owner’s actual proportionate cost and the escrowed funds, including accrued interest, if any, shall be refunded after completion and acceptance of the improvements. d. Interest limitation. If money is refunded within six months of deposit, only the principal will be refunded. Monies returned after this date will be refunded with one-half of its accrued interest.

Division 3: WATER

Section 3.5.3.1Facilities

A. Alternative Water Sources. Where a development is served by the City water system an alternative water source may be used, subject to City approval and the obtaining of all appropriate permits from the U.S. Army Corps of Engineers, TCEQ, and any other applicable agency. A well is prohibited for the purposes of potable water or irrigation uses. The design and construction of water system improvements and alternative water sources shall comply with the following standards: 1. Design and construction of a water source on the site shall be in accordance with applicable regulations of the TCEQ. 2. Design and construction of water service from the City shall be in accordance with the standards in the City’s TCSS Manual.

3. Design and construction of a fire protection and suppression system shall be in accordance with the

standards in the TCSS Manual, and in accordance with the City’s Fire Department and Fire Code (also see Chapter 86 of the City Code of Ordinances for cross-connection control and backflow prevention).

B. Line Extensions and Connections.

1. Extension of water lines shall be made along the entire frontage of the subdivision or development plat adjacent to a street or thoroughfare. If the subdivision is not adjacent to a thoroughfare, the extension of utilities shall be accomplished in such a manner as to allow future connections to said utilities by new subdivisions. If new subdivisions will never be constructed beyond a developing subdivision due to physical constraints, the Responsible Official may waive the requirement for adjacent utility line construction at the time of final plat approval and prior to construction of the subdivision. 2. Pro rata fees under Ch. 86 of the City Code may be applicable to line extensions. 3. Connections to existing water lines shall be made in accordance with Chapter 86 of the City Code of Ordinances.

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San Marcos Development Code Amended: September 1, 2020