§ 35-501. General Provisions.

(a)

Applicability. The provisions of this chapter shall apply to any application for development approval, except as otherwise provided.

(b)

Roughly Proportionate Determination.

(1)

A roughly proportionate determination (determination study) shall be made at the time that a master development plan (MDP), planned unit development (PUD), subdivision plat, or request for building permit is submitted in accordance with subsection 35-502(a). The determination study shall be made by the applicant's licensed professional engineer which shall include a comparison of the total capacity of the existing public infrastructure system utilized by the applicant to the total capacity of the infrastructure improvement being dedicated by, constructed by or contributed to by the applicant. The study shall be completed using standard measures of capacity for the applicable public facilities system.

(2)

The roughly proportionate determination is not made to a mathematical certainty, but is intended to be used as a tool to fairly assess the roughly proportionate impacts of a development. The determination study shall be completed in accordance with generally recognized and approved measurements, assumptions, procedures, formulas, and development principles that shall be applied in the best interests of the public and the property owner to result in roughly proportionate costs to the property owner in dedications, the payment of fees and/or, the construction of a useable and workable public facilities system that is roughly proportionate to the impact of the proposed development.

(3)

A licensed professional engineer retained by or an employee of the city, shall approve the determination study provided that all the necessary infrastructure improvements required by this chapter related to the MDP, PUD, subdivision plat, or building permit have been identified. The director may individually or as requested by the director of public works determine that additional improvements attributable to and necessitated by the development need to be provided in addition to those identified by the applicant, so long as the total off-site transportation-related improvements remain roughly proportionate to the impact of the proposed development on the transportation system. The director may require that the applicant, at applicant's expense, submit additional information or studies pertaining to the roughly proportionate determination that may assist the city's licensed professional engineer in approving the determination study.

(4)

The director shall identify in a written statement all the infrastructure improvements to be made in conjunction with the MDP, PUD, subdivision plat, or request for building permit as a result of the proposed activity and shall identify specific infrastructure improvements to be made by the applicant that are roughly proportionate to the impact of the proposed development. The infrastructure improvement requirements may include a combination of dedications, payment of fees, and payment of construction costs.

(5)

The requirements of this Code may be altered with a variance in accordance with article IV, division 10 that is supported by the written determination of the director in order to satisfy the roughly proportionate determination.

(6)

This section does not diminish the authority or modify the procedures specified by Chapter 395, Texas Local Government Code.

(c)

Administrative Exceptions.

(1)

To facilitate flexibility in design while maintaining the safety, health and welfare of the public, the director of planning and development services in concurrence with the county engineer and consultation with the director of public works may grant administrative exceptions to the following technical design requirements found in the following sections of article V:

• Section 35-502 Traffic Impact Analysis.

• Section 35-504 Stormwater Management.

• Section 35-505 Floodplain Development Standards.

• Section 35-506 Transportation and Street Design.

• Section 35-507 Utilities.

• Section 35-526 Parking and Loading Standards (parking stall dimensions and parking requirements not to exceed +/- ten (10) percent of the required parking).

• Section 35-527 Offstreet Truck Loading Requirements.

(2)

No administrative exception shall be granted unless:

A.

The director of planning and development services certifies that the proposed exception does not conflict with the goals and policies of the master plan; and

B.

The applicant demonstrates, through documentation and/or studies, based on generally accepted engineering principles, that exceptions to the standard provided by this chapter would not pose a threat to health and safety.

(3)

Where an administrative exception is not granted, or where an administrative exception is not permitted (as in the case of street connectivity, maximum parking requirements, and other items not enumerated in subsection (2), above), the applicant may seek a variance from the planning commission and the county commissioners when located in the ETJ pursuant to section 35-483 or 35-484 in the case of subdivision plats, or an appeal or variance pursuant to section 35-481 or 35-482 in the case of zoning permits.

(d)

Roughly Proportionate Appeal.

(1)

An applicant may appeal to the city council the determination of the development services director and the city's approved determination study, made in accordance with subsection 35-501(b), that improvements attributable to and necessitated by the development can be required in addition to those proposed by the applicant. The purpose of the appeal is to determine whether the infrastructure improvements required by the director are roughly proportionate to the proposed development.

(2)

Roughly Proportionate Appeals Procedure.

A.

If an applicant wishes to appeal the roughly proportionate determination, then the applicant shall file a written notice of appeal of the directors' determination and the city's approved determination study to both the director and city clerk, 100 Military Plaza, Second Floor, City Hall, P. O. Box 839966, San Antonio, Texas 78283-3966 no later than thirty (30) days after the date of the written statement specified in subsection 35-501(b)(4) is made by the director that imposes costs on the applicant for public infrastructure improvements as a condition of development approval, through the making of dedications, payment of fees, or payment of construction costs.

B.

The appeal shall specify and in detail state the reasons that the director's determination and the approved determination study that require infrastructure improvements as a condition of development approval, through the making of dedications, payment of fees, or payment of construction costs, exceed those that are roughly proportionate to the proposed development.

C.

Not later than twenty (20) working days after filing written notice of appeal, the applicant shall file an appeal request and fifteen (15) copies of each of the following items with the city clerk and one (1) copy with the director:

i.

An appeal; and

ii.

A written list of witnesses, expert witnesses and licensed professional engineers, and alternates for these witnesses; and

iii.

A written synopsis of the expected testimony, address, phone number, and professional licenses of each witness, expert witness, and licensed professional engineer; and

iv.

Written evidence, description of anticipated evidence, along with materials, software programs, maps, charts, graphs, studies, reviews, and reports of professionals in support of the appeal with respect to each specific portion of the directors' determination and the city's approved determination study that requires as a condition of approval for a property development project that has the developer bear a portion of the costs of municipal infrastructure improvements by the making of dedications, the payment of fees or the payment of construction costs.

D.

Upon receipt by the director of all items listed in subsection 35-501(d)(2)C from the applicant, the director shall file fifteen (15) copies of a response and submission of each of the items listed in subsection 35-501(d)(2)C. with the city clerk and one (1) copy of each with the applicant. The director's response shall be issued no later than thirty (30) days after receipt of applicant's appeal submission.

E.

Upon receipt of the response of director, the director of development services shall schedule a time and date for the city council to consider the appeal not sooner than thirty (30) calendar days but no later than sixty (60) calendar days after receipt of the development services director response and submission.

F.

The applicant or the director, as parties to the appeal, shall be afforded the opportunity to make a one-time amendment to the items required by subsection 35-501(d)(2)C by filing fifteen (15) copies of an amendment with the city clerk and one (1) copy with the other party to the appeal. Such amendment shall be filed no later than the fourteenth day before the date the city council is scheduled to consider the appeal.

G.

Upon receipt of the other party's amendment to items required by subsection 35-501(d)(2)C, the director or applicant shall file fifteen (15) copies of any amendment response with the city clerk and one (1) copy of any amendment response with the other party no later than twenty (20) calendar days after receipt of the other party's one-time amendment.

H.

After receipt of the director's or applicant's amendment response the director of development services shall reschedule a time and date for the city council to consider the appeal not sooner than thirty (30) calendar days but no later than sixty (60) calendar days from the last date upon which a response shall be filed for the city council to consider the appeal.

I.

The city council will not consider any written evidence, materials, software programs, maps, charts, graphs, studies, reviews, and reports that are received or presented to the city clerk and/or the director within thirty (30) days of the date city council is scheduled to consider the appeal. The city council shall consider testimony from the applicant and the city presented at city council.

J.

The city council shall hold a public appeal hearing to act upon the applicant's appeal. The city council shall determine whether the director's written statement identifying all the infrastructure improvements dedications, payment of fees, and payment of construction costs to be made in conjunction with the development are roughly proportionate to the development. The city council shall decide whether or not to grant the appeal, grant the appeal with conditions, or deny the appeal.

K.

The applicant and director shall be allotted no more than one (1) hour each to present evidence and testimony before city council.

L.

After hearing any testimony and reviewing any evidence, the city council shall make the applicable determination within thirty (30) days following the final submission of any testimony or evidence by the applicant.

(e)

Site Improvements. Streets, alleys, sidewalks and other site improvements required under the provisions of this chapter to be installed in subdivisions by the subdivider shall conform to the specification of this chapter and to the then current policies and regulations of the City of San Antonio, CPS Energy, San Antonio Water System, or other approved utility districts or agencies involved with reference to payment for such installations, refunds, credits and other financial arrangements.

(f)

Standard Specifications for Construction. All construction shall meet the requirements as set forth in the city's "Standard Specifications for Public Works Construction," dated October 1995, as amended (hereinafter the "standard specifications"), to the extent not inconsistent with this chapter. The "standard specifications for public works construction" are hereby incorporated by reference as if set forth in their entirety herein. Copies of the document are on file in the office of the city clerk. To the extent that there is any inconsistency between the standard specifications and the provisions of this chapter, the provisions of this chapter shall govern.

Sampling and testing of materials and laboratory inspection of materials and processes shall be performed at the expense of the developer. Testing shall be in accordance with the City of San Antonio's standard specifications for public works construction. Firms providing construction materials testing services must have an established in-house laboratory meeting the standards of the ASTM requirements.

(g)

Americans With Disabilities Act.

(1)

Infrastructure. Infrastructure construction and improvements of facilities shall comply with the Americans with Disabilities Act of 1990 (42 U.S.C. subsection 12181 et seq., Pub. L 101-336 and implementing regulations at 28 C.F.R. parts 35 and 36) and the latest version of the Texas Accessibility Standards of the Texas Department of Licensing and Regulation. Applicants should consult the ADA Technical Assistance Manual from the U.S. Department of Justice on the Internet at http://www.usdoj.gov/crt/ada/taman3.html , and Technical Assistance Manual for State and Local Governments @ http://www.usdoj.gov/crt/ada/taman2.html and the latest version of the Texas Accessibility Standards available at http://www.tdlr.texas.gov/ab/abtas.html .

(2)

Multi-Family Housing. Multi-family housing development shall comply with section 804 (f)(5)(C) Fair Housing Amendments Act of 1988 and the implementing regulations codified at 24 CFR 100.205. Applicants should consult the Fair Housing Accessibility Guidelines from the U.S. Department of Housing and Urban development on the Internet at http://www.hud.gov/fhefhag.html. See also HUD Fair Housing Assistance Providers Web site: http://www.hud.gov/fairhsg1.html.

(h)

Extended Warranty Bond.

(1)

General. All subdivisions requiring public streets and/or drainage improvements within the City of San Antonio and the extraterritorial jurisdiction shall be subject to a minimum one-year maintenance bond.

Prior to acceptance of subdivision improvements, the developer shall provide the city, or county if within the ETJ, an extended warranty bond or cashier's check meeting the requirements and timeline set out below.

Release of any performance bond is conditioned upon acceptance of a warranty bond, when applicable.

(2)

Bond Requirements. An extended warranty bond submitted under this chapter shall meet the following requirements:

A.

Issued by a corporate surety listed at the time of bond submission on the United States Department of the Treasury's listing of Approved Sureties and be approved by the director of development services;

B.

The bond shall be in the form shown in appendix B, subsection 35-121(f)(8), Form H or a form acceptable to the county if within the ETJ.

C.

The amount of the bond shall be based on construction costs submitted by a license engineer in the State of Texas. Construction costs shall detail the specific improvements and amounts covered and shall bear the official seal and signature of the professional engineer attesting to the accuracy of the dollar amounts;

D.

The warranty bond amount submitted shall be a minimum ten (10) percent value of the construction costs, but no less than twenty-five thousand dollars ($25,000.00);

E.

The expiration date of the bond shall be at least one (1) year from the warranty start date specified in subsection 35-501(h)(5);

(3)

Cash or Cashier's Check. The cash or cashier's check shall be of a form acceptable to the city, or county if within the ETJ. The subdivider may provide to the city cash or a cashier's check in lieu of the warranty bond in an amount equal to a minimum ten (10) percent value of the construction costs, but no less than twenty-five thousand dollars ($25,000.00) and as approved by the director of development services. Such cash or cashier's check shall be deposited and handled as per applicable city policies. The cash or cashier's check shall be submitted along with a cash warranty deposit instrument. Such instrument shall be substantially in the same form as form "V" set out in appendix "B," subsection 35-B121. Upon completion of the warranty period and the site improvements passing the warranty inspection, the amount shall be refunded to the subdivider.

(4)

Final Inspection Requirements. Prior to the final inspection of subdivision improvements an extended warranty bond issued by a corporate surety company license to bond such improvements in the State of Texas shall be provided by the applicant to the city, or county if within the ETJ.

(5)

Warranty Start Date. The one-year warranty period shall begin on the later of the following dates:

A.

The date the plat is recorded provided that the warranty instrument has been submitted and approved by the director by that date; or

B.

The date of preliminary field approval of the improvements provided that the warranty instrument has been submitted and approved by the director by that date; or

C.

The date the warranty instrument has been submitted and approved by the director provided the plat is recorded or preliminary field approval of the improvements has occurred.

(i)

Incorporation by Reference. The San Antonio Water System Utility Service Regulations, as amended, are incorporated by reference into Chapter 35 (Unified Development Code) of the Code of the City of San Antonio, Texas. The most current edition of the San Antonio Water System Utility Service Regulations is on file in the office of the city clerk and the office of the president/chief executive officer of the San Antonio Water System.

(Ord. No. 97568 § 2) (Ord. No. 98697 § 1) (Ord. No. 99795) (Ord. No. 101816, § 2, 12-15-05) (Ord. No. 2009-05-21-0429, § 2, 5-21-09) (Ord. No. 2010-11-18-0985, § 2, 11-18-10) (Ord. No. 2012-10-18-0829, § 2, 10-18-12; Ord. No. 2015-12-17-1077 , § 2, 12-17-15)

Editor's note

Ord. No. 2009-05-21-0429, adopted May 21, 2009, has an effective date of March 1, 2010.