§ 7.2. Determination of Pro Rata Share

7.2.1 Definition and Principles : As a condition of final subdivision or site plan approval, the Planning Commission may require an applicant to pay a pro rata share of the cost of providing reasonable and necessary circulation improvements and water, sewerage drainage facilities and other improvements, including land and easements, located off-tract of the property limits of the subdivision or development but necessitated or required by the development. "Necessary" improvements are those clearly and substantially related to the development in question. The Planning Commission shall provide in its resolution of approval the basis of the required improvements. The capacity and design of proposed improvements shall be based upon the circulation plan element and utility service plan element of the Santa Fe Comprehensive Plan. The proportionate or pro rata amount of the cost of such facilities within a related or common area shall be based on the following criteria.

A. Cost Allocation :

1. In cases where off-tract improvements are necessitated by the proposed development, and where no other property owner(s) receive(s) a special benefit thereby, the applicant may be required at his sole expense and as a condition of approval to provide and install such improvements.

2. Proportionate Allocation :

a. Where it is determined that properties outside the development will also be benefitted by the off-tract improvement, the following criteria shall be utilized in determining the proportionate share of the cost of such improvements to the developer:

b. Allocation Formula :

1) Sanitary Sewers: The applicant's proportionate share of distribution facilities including the installation, relocation, or replacement of collector, trunk, and interceptor sewers, and associated appurtenances shall be computed as follows:

a) The capacity and the design of the sanitary sewer system shall be based on the standards in Article 6.6 of this ordinance;

b) The City Engineer or Planner shall provide the applicant with the existing and reasonably anticipated peak hour flows as well as capacity limits of the affected sewer system;

c) If the existing system does not have adequate capacity to accommodate the applicant's flow given existing and reasonably anticipated peak-hour flows, the pro rate share shall be computed as follows:

Total Cost of		Capacity of
enlargement or		enlargement or
improvement		improvement
		(gas. Per day) (gpd)
____________	=	____________
Developer's Cost		Development-generated gallons per day to be accommodated by the enlargement or improvement

 

Water Supply : The applicant's proportionate share of water distribution facilities including the installation, relocation, or replacement of water mains, hydrants, valves, and associated appurtenances shall be computed as follows:

a) The capacity and the design of the water supply system shall be based on standards specified in Article 6.5 of this ordinance;

b) The City Engineer or Planner shall provide the applicant with the existing and reasonably anticipated capacity limits of the affected water supply system in terms of average demand, peak demand, and fire demand;

c) If the existing system does not have adequate capacity as defined above to accommodate the applicant's needs, the pro rate shall be computed as follows:

Total cost of		Capacity of enlargement
enlargement or		or improvement
improvement		(peak-hour traffic)
____________	=	____________
Developer's cost		Development peak-hour traffic to be accommodated by the enlargement or improvement

 

3) Roadways : The applicant's proportionate share of street improvements, alignment, channelization, barriers, new or improved traffic signalization, signs, curbs, sidewalks, trees, utility improvements not covered elsewhere, the construction or reconstruction of new or existing streets, and other associated street or traffic improvements shall be as follows:

a) The City Engineer or Planner shall provide the applicant with the existing and reasonably anticipated future peak-hour flows for the off-tract improvement;

b) If the existing system does not have adequate capacity as defined above, the pro rata share shall be computed as follows:

Total cost of		Capacity of enlargement
enlargement or		or improvement
improvement		(peak-hour traffic)
____________	=	____________
Developer's cost		Development peak-hour traffic to be accommodated by the enlargement or improvement

 

4) Drainage Improvements : The applicant's proportionate share of storm water and drainage improvements including the installation, relocation, or replacement of storm drains, culverts, catch basins, manholes, riprap, improved drainage ditches and appurtenances, and relocation or replacement of other storm drainage facilities or appurtenances shall be determined as follows:

a) The capacity and design of the drainage system to accommodate storm water runoff shall be based on the standards specified in Article 6.4 of this ordinance, computed by the developer's engineer and approved by the City Engineer.

b) The capacity of the enlarged, extended, or improved system required for the subdivision and areas outside of the developer's tributary to the drainage system shall be determined by the developer's engineer subject to approval of the City Engineer. The plans for the improved system shall be prepared by the developer's engineer and the estimated cost of the enlarged system calculated by the City Engineer. The pro rata share for the proposed improvement shall be computed as follows:

Total cost of enlargement		Capacity of
or improvement		enlargement
		(total capacity
		expressed in cubic
		feet per second)
____________	=	____________
Developer's cost		Development-generated peak rate of runoff expressed in cubic feet per second to be accommodated by the enlargement or improvement

 

D. Escrow Accounts : Where the proposed off-tract improvement is to be undertaken at some future date, the moneys required for the improvement shall be deposited in a separate interest-bearing account to the credit of the City of Santa Fe until such time as the improvement is constructed. If the off-tract improvement is not begun within two (2) years of deposit, all moneys and interest shall be returned to the applicant.