San Marcos Development Code 9.1.2020

2 C H A P T E R

Development Procedures

Section 2.4.4.5Expiration and Extension

3. The City Council may attach conditions that assure that the approval criteria shall be implemented, including but not limited to conditions related to the scope of the development to be served, the timing of annexation, the timing of utility improvements or extensions needed to provide adequate capacity to the development to be served, and provisions for financing the extensions. Section 2.4.4.4Criteria for Approval A. In deciding the application for approval of a utility extension, the Council shall consider: 1. Whether the location of the proposed development to be served by the extension is consistent with the Comprehensive Plan; 2. Whether the extension is proposed to be constructed in accordance with the TCSS, the provisions of Chapter 86 of the City Code, and all other applicable City regulations and standards; 3. Whether it is feasible to annex the property, and any intervening property which is needed for utility rights-of- way, to the City in a timely manner; 4. Whether the utility extension would compromise the City’s ability to timely provide adequate water or wastewater facilities to property inside the City; 5. Whether the utility extension shall lead to premature development that cannot be served efficiently and timely by roadway, drainage or park facilities; 6. Whether the utility extension is financially feasible given the proposed means of financing the extension; 7. Whether the utility extension shall lead to significant degradation of water quality or other environmental resources, either from construction of the water or wastewater improvements, development of applicant’s land, or development of other land that may be served through the extended facilities; and 8. Whether the applicant proposes to extend wastewater facilities without utilizing city water facilities.

A. Expiration. If a plat application (of any type) has not been approved for the property to be served by a utility extension within two years from the date of approval of the application for utility extension by the City Council, the approved application for a utility extension shall expire in accordance with Section 2.3.5.3. 1. If progress is made towards completion of the project associated with the utility extension during the two-year period, but after the progress is made, no further progress is made towards completion of the project associated with the utility extension for a period of two years, the approved application for a utility extension shall expire. 2. In the event a plat application (of any type) subsequently expires or is revoked, the approved utility extension application shall likewise expire. B. Extension. The City Council may extend the time of expiration for or reinstate an approved utility extension application, in accordance with the procedures in Section 2.3.5.1. A. Purpose. The purpose of a request for waiver of development standards is to determine whether the City wishes to authorize, as part of the approval of a request for economic development incentives, alternative standards or criteria for approval for development applications related to a specific project within the city limits or extraterritorial jurisdiction, in order to support and implement the City’s adopted economic development program. B. Applicability. A waiver or modification of development standards may be approved only for projects approved by the City Council under the city’s economic incentives policy. 1. A waiver or modification may not be granted pursuant to this Division 5 for a waiver or modification of the environmental standards in Chapter 6 of this Development Code. Division 5: APPLICATION FOR WAIVER OR MODIFICATION OF DEVELOPMENT STANDARDS AS AN ECONOMIC DEVELOPMENT INCENTIVE Section 2.4.5.1Purpose, Applicability and Effect

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San Marcos Development Code Amended: September 1, 2020