San Marcos Development Code Effective 10.17.23

3 CHAPTER

Subdivisions

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 3.5.1.3 Reservation 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. Section 3.5.2.1 Initial 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 Division 2: DETERMINATION OF ADEQUATE PUBLIC FACILITIES

subdivision or development plat under Section 3.1.1.1 or a site development permit under Section 2.7.1.1. B. Deferral of Obligation. Once an obligation has been determined, the obligation to dedicate rights-of-way for or to construct one or more capital improvements to serve a new development may be deferred until approval of a subordinate development permit. C. Responsibilities of the Developer. The following actions shall be demonstrated by the developer with regard to the provision of adequate public facilities related to the approval of a permit or application under Section 3.1.1.1 or Section 2.7.1.1. 1. Phasing of development or improvements in order to ensure the provision of adequate public facilities; 2. Extensions of public facilities and roadways (including any necessary on-site and off-site facilities) to connect to existing public facilities; 3. Improvements to existing facilities required to accommodate increased traffic demand from proposed land uses; 4. Providing and/or procuring all necessary property interests, including rights-of-way and easements, for the facilities (whether on-site or off-site); 6. Making provisions for future expansion of the public facilities as needed to serve future developments, subject to the City’s oversize participation policies, if applicable; 7. Making provisions for the dedication of public facilities identified in the Comprehensive Plan and other city master plans in accordance with Section 3.5.1.1; 8. Providing for all operations and maintenance of the public facilities, or providing proof that a separate entity will be responsible for the operations and maintenance of the facilities; 9. Providing all fiscal security required for the construction of the public facilities; 10. Obtaining approvals from the applicable public and private utility providers other than the City; and 5. Providing proof to the City of adequate public facilities;

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Amended: October 17, 2023 San Marcos Development Code