San Marcos Development Code (effective November 3, 2021)

3 C H A P T E R

Subdivisions

estimate or the bid must clearly delineate the difference in cost between the facilities the developer is required to install and the oversize facilities requested by the City. The amount of the reimbursement shall be subject to review and approval by the Responsible Official.

upstream drainage area under developed conditions and shall be designed to prevent overloading the capacity of the downstream drainage system as determined by the Responsible Official and in accordance with Section 3.9.1.1 and the City’s adopted stormwater technical manual. B. The City may require the phasing of development, the use of control methods such as retention or detention, the construction of off-site drainage improvements, and/or payment of stormwater connection fees in order to mitigate the impacts of the proposed development. Section 3.5.2.10Other Facilities A. Parkland. Where a proposed park, open space, or greenway shown in the Comprehensive Plan or other adopted City Master Plan is located in whole or in par t in a development, the City shall require the dedication of land in accordance with Section 3.10.1.1. Section 3.5.2.11City Facilities Participation 1. The developer shall, at the request of the Responsible Official, dedicate rights-of-way and easements, and construct roadway, drainage, wastewater, water and other public facilities, of a size greater than the City’s minimum standards or the size needed to serve the area being developed, whichever is greater. In connection with the request, the City shall enter into an agreement with the developer under which the City reimburses the developer for the increase in the cost of the facilities within one year after the date the construction plans for the facilities are approved, or within sixty (60) days after the construction has been completed, whichever is later. The agreement will be subject to approval by the City Attorney and City Manager, and if the amount of the reimbursement exceeds the City Manager’s authority to approve by the City Council. 2. Determination of Reimbursement Amount. Before a developer is entitled to reimbursement under this section, the developer shall furnish the Responsible Official with a construction cost estimate for the facilities prepared by the developer’s engineer, or a signed copy of the construction contractor’s bid for construction of the facilities. The cost A. City Facilities Oversize Participation

B. Escrow Policies and Procedures

1. Request for Escrow. Whenever this Development Code requires a proper ty owner to construct a street, road or thoroughfare, or other type of public improvement, the proper ty owner may petition the City to construct the improvement at a later time, in exchange for deposit of escrow as established below, if unusual circumstances exist, such as a timing issue due to pending improvements by another agency such as TXDOT or the county, that would present undue hardships or that would impede public infrastructure coordination or timing. If more than one street, road or thoroughfare must be constructed in order to meet adequacy requirements for roadways, the Responsible Official may prioritize roadways for which escrow is to be accepted and require the deposit of all funds attributable to the development in escrow accounts for one or more of the affected roadways. The Responsible Official shall review the par ticular circumstances involved and may require a transpor tation impact assessment. The Responsible Official shall determine whether or not provision of escrow deposits will be acceptable in lieu of the proper ty owner’s obligation to construct the street or thoroughfare. 2. Escrow Deposit with the City. Whenever the City Council agrees to accept escrow deposits in lieu of construction by the proper ty owner, the proper ty owner shall deposit in escrow with the City an amount equal to the owner’s share of the costs of design, construction, permits, reviews and approvals, inspections, any additional land acquisition, and an appropriate (and realistic) inflation factor to ensure that the actual “future dollar” costs will be covered when actual construction occurs in the future. This amount shall be reviewed and approved by the Responsible Official, and shall be paid prior to recording of the final plat. The obligations and responsibilities of the proper ty owner shall become those of the proper ty owner’s transferees, successors and assigns; and the liability therefore shall be joint and several.

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Amended: November 3, 2021 San Marcos Development Code