A. Purpose and Applicability.
1. Purpose. The purpose of a petition for relief from a dedication, construction requirement, or a requirement to pay a fee, other than an impact fee authorized by Chapter 395 of the Texas Local Government Code is to ensure that the imposition of uniform dedication, construction, and fee standards to a proposed development does not result in a disproportionate burden on the property owner, taking into consideration the nature and extent of the demands created by the proposed development on the City's roadways and public facilities systems.
2. Applicability.
a. An Applicant may file a petition for relief under this Subdivision Proportionality Appeal section to contest any requirement to dedicate land or to construct Public Improvements as required by this UDC, other ordinance, or attached as a condition to approval of the Application.
b. A petition under this Subdivision Proportionality Appeal section shall not be used to waive standards on grounds applicable to any Subdivision Waiver Application, as outlined in
3.06.01: Petition for Subdivision Waiver.
B. Petition Requirements.
1. Form of Petition. The petition for relief from a dedication, construction, or fee requirement shall allege that Application of the standard relating to the requirement is not roughly proportional to the nature and extent of the impacts created by the proposed development on the City's water, wastewater, storm drainage, parks or roadway system or does not reasonably benefit the proposed development.
2. Study Required. The Applicant shall provide a study in support of the petition for relief that includes the following information:
a. Capacity Utilized.
i. Total capacity of the City's water, wastewater, storm drainage, parks or roadway system to be utilized by the proposed development, employing standard measures of capacity and equivalency tables relating the type of development proposed to the quantity of system capacity to be consumed by the development.
ii. If the proposed development is to be developed in phases, such information also shall be provided for the entire development proposed, including any phases already developed.
b. Capacity Supplied.
i. Total capacity to be supplied to the City's water, wastewater, storm drainage, parks or roadway system by the proposed dedication of an interest in land or construction of Public Improvements.
ii. If the Application is part of a phased development, the information shall include any capacity supplied by prior dedications or construction of Public Improvements.
c. Capacity Comparison.
i. Comparison of the capacity of the City's public facilities system(s) to be consumed by the proposed development with the capacity to be supplied to such system(s) by the proposed dedication of an interest in land, construction of Public Improvements, or payment of a fee.
ii. In making this comparison, the impacts on the City's public facilities system(s) from the entire development shall be considered.
d. Oversizing. The effect of any City participation in the costs of oversizing the Public Improvement to be constructed in accordance with the City's requirements.
e. Other Information. Any other information that shows the alleged disproportionality between the impacts created by the proposed development and the dedication or construction requirement imposed by the City.
3. Time for Filing Petition and Study.
a. A petition for relief from a dedication, construction, or fee requirement shall be filed with the City Engineer within fourteen (14) calendar days following the City Council's decision to conditionally approve or deny an Application.
b. The study in support of the petition shall be filed within sixty (60) calendar days following the initial decision, unless the Applicant (petitioner for relief) seeks an extension in writing.
c. The City Engineer may extend the time for submitting the study for a period not to exceed an additional thirty (30) calendar days for good cause shown.
4. Land in Extraterritorial Jurisdiction (ETJ). Where land or facilities to be dedicated are located in the ETJ of the City and are to be dedicated to the County, a petition for relief or study in support of the petition shall be accepted as complete for review by the City Engineer only when such petition or study is accompanied by verification that a copy has been delivered to and accepted by the County, as applicable.
C. Processing of Subdivision Proportionality Appeal Petitions and Decision.
1. Responsible Official. The City Engineer shall be the Responsible Official for a petition for relief from a dedication or construction requirement.
2. Review and Recommendation.
a. The City Engineer shall review the petition and supporting study and shall make a recommendation to:
i. The Commission, and
ii. The City Council.
b. In response to a petition for relief from a dedication or construction requirement pursuant to 3.06.02. Subdivision Proportionality Appeal and to achieve proportionality between the demands created by a proposed development on public facilities and the obligation to provide adequate public facilities, the City may participate in the costs of Public Improvements, credit or offset the obligations against payment of impact fees, or relieve the property owner any of the obligations.
3. Decision-Maker. The City Council shall decide the Subdivision Proportionality Appeal petition, after receiving a recommendation from the Planning and Zoning Commission.
4. Public Hearing Held within 60 Days after Receipt of Study. The City Council shall conduct a public hearing within sixty (60) calendar days after the study supporting the petition (refer to B above) is filed with the City Engineer.
5. Burden of Proof. The Applicant bears the burden of proof to demonstrate that the Application of a dedication or construction requirement that is uniformly applied imposes a disproportionate burden on the Applicant.
6. Decision. The City Council shall consider the petition for relief from a dedication or construction requirement based upon the following criteria:
a. The City Council shall determine whether the Application of the standard or condition is roughly proportional to the nature and extent of the impacts created by the proposed development on the City's water, wastewater, storm drainage, parks or roadway system, and whether the Application of the standard or condition reasonably benefits the development.
b. In making such determination, the City Council shall consider the evidence submitted by the Applicant, the report and recommendation of the City Engineer and, where the property is located within the City's ETJ, any recommendations from the County, as applicable.
7. Action. Based on the criteria in 6 above, the City Council shall take one of the following actions:
a. Deny the petition for relief, and impose the dedication or construction requirement as required by this Ordinance; or
b. Grant the petition for relief, and waive any dedication or construction requirement to the extent necessary to achieve proportionality; or
c. Grant the petition for relief, and direct that the City participate in the costs of acquiring land for or constructing the Public Improvement under standard participation policies.
d. The decision of the City Council shall be final.
8. Notification of Decision on Petition. The City Engineer shall notify the Applicant of the decision on the petition for relief within fourteen (14) calendar days following the City Council's decision.
D. Expiration or Failure to File Application. Where an Application was denied based upon the imposition of the standard requiring dedication of land or construction of a required Public Improvement and the City Council's decision is to grant some level of relief, the Applicant shall resubmit the Application within sixty (60) calendar days following the date the petition for relief is granted, in whole or in part, showing conformity with the City Council's decision on the petition.
1. If the Application is not resubmitted within the sixty (60) day period, the relief granted by the City Council on the petition shall expire.
2. If the re-submittal of the Application is modified in any other way, a new petition for relief may be required by the City Engineer.
3. If the Application for which relief was granted is denied on other grounds, a new petition for relief may be required by the City Engineer.
E. Effect of Relief.
1. The City Engineer may require the Applicant to submit a modified Application or supporting materials consistent with the relief granted by the City Council on the petition.
2. The relief granted on the petition shall remain in effect for the period the Application is in effect, and shall expire upon expiration of the plat or related Application.
