San Marcos Development Code 9.1.2020

3 C H A P T E R

Subdivisions

Article 5: Adequate Public Facilities

and easements and to construct capital improvements to offset such impacts. C. Mitigation of Development Impacts; Fair Share. The City desires to assure both that development impacts are mitigated through contributions of rights-of-way, easements and construction of capital improvements, and that a development project contribute its fair share of such costs. D. Relief from Obligations. In order to achieve proportionality between the demands created by a proposed development on public facilities and the obligation to provide adequate public facilities the following options are available: 1. The City may participate in the costs of capital improvements in accordance with Section 3.5.2.11 2. The City may credit or offset the obligations against payment of impact fees in accordance with Chapter 86 of the City Code of Ordinances. 3. The City Council may consider the findings in this Section 3.5.1.2 and decide to relieve the property owner of some or part of the obligations in response to a request for relief. 4. The City may also request reservation of rights-of-way in accordance with Section 3.5.1.3. Section 3.5.1.3Reservation of Public Land A. Where a proposed thoroughfare, transit facility, park, greenway, open space, school, fire station or other public use shown in the Comprehensive Plan or other adopted city plan is located in whole or in part in a development where the proposed improvements do not serve the proposed development, the Responsible Official shall require the reservation of the land for future use.

Division 1: IN GENERAL

Section 3.5.1.1Applicability

A. Land proposed for development in the City and in the City’s extraterritorial jurisdiction must be served adequately by essential public facilities and services, including water, wastewater, roadway, transit, bicycle, pedestrian, drainage, open space, greenways and parkland facilities. B. Land shall not be approved for platting under Section 3.1.1.1 or site development under Section 2.7.1.1 unless and until adequate public facilities as defined in this Chapter 3 and according to the established levels of service exist, or provision has been made for the facilities, whether the facilities are to be located within the property being developed or off-site. C. Public facilities shall be considered sufficient where it is demonstrated to have available capacity to accommodate the service demand generated by the proposed development, as well as other approved developments, the Comprehensive Plan and other adopted master plans for public facilities and services, and applicable capital improvement plans. Section 3.5.1.2Dedication and Construction Requirements 1. New development must be supported by adequate levels of public facilities and services. 2. It is necessary and desirable to provide for dedication of rights-of-way and easements for capital improvements to support new development at the earliest stage of the development process. 3. Requirements for dedication and construction of capital improvements to serve a proposed new development should be attached as conditions of approval of any development application that contains a specific layout of the development. B. Essential Nexus. There is an essential nexus between the demand on public facilities systems created by a new development and the requirement to dedicate rights-of-way A. Support for New Development.

Division 2: DETERMINATION OF ADEQUATE PUBLIC FACILITIES

Section 3.5.2.1Initial Provision for Dedication or Construction.

A. The City shall require an initial demonstration that a proposed development shall be adequately served by public facilities and services at the time for approval of the first development application that portrays a specific plan of development but at no time shall the determination be made after the approval of a

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San Marcos Development Code Amended: September 1, 2020