ORD-2025-01 Development Code Effective January 25, 2025

3 CHAPTER

Subdivisions

Article 4: Construction management

2.3.2.1. The hearing shall be conducted by the Planning and Zoning Commission in accordance with Section 2.3.3.1. 2. The Responsible Official shall review the application and recommend approval, approval with conditions, or denial of the application. 1. The Planning and Zoning Commission, at its discretion, shall have the right to retain all or specific portions of road rights-of-way or easements shown on the plat being considered for vacation. However, the Planning and Zoning Commission shall consider plat vacation upon satisfactory conveyance of easements and/or rights-of-way in a separate legal document using forms provided by the City Attorney’s office. 2. The Planning and Zoning Commission shall approve, approve with conditions or statutorily deny an application for a plat vacation. Section 3.3.6.4 Effective Date of Plat Vacation A. The plat is vacated when a signed, acknowledged instrument declaring the plat vacated is approved and recorded in the manner prescribed for the original plat. On the execution and recording of the vacating instrument, the vacated plat shall have no further effect. B. Planning and Zoning Commission Action.

Division 1: PUBLIC IMPROVEMENT CONSTRUCTION PLANS

Section 3.4.1.1 Purpose, Applicability and Effect

A. Purpose. The purpose of public improvement construction plans is to assure that public improvements required to be installed in order to serve a subdivision or a development are constructed in accordance with all standards of this Development Code and any applicable technical manuals. B. Applicability. An approved public improvements construction plan application is required prior to construction of any improvements that will be dedicated to the City C. Effect. Approval of public improvement construction plans authorizes the property owner to install public improvements in existing or proposed rights-of-way and easements offered for dedication to the public under an approved preliminary or final subdivision or development plat, or under an approved site permit. Section 3.4.1.2 Application Requirements An application for approval of public improvement construction plans shall be prepared in accordance with Section 2.3.1.1. Section 3.4.1.3 Approval Process A. Responsible Official Action. The Responsible Official shall approve, approve subject to modifications, or reject the public improvement construction plans based on the criteria in Section 3.4.1.4 and subject to appeal to the Planning and Zoning Commission. Section 3.4.1.4 Criteria for Approval The Responsible Official, shall render a decision on the public improvement construction plans in accordance with the following criteria: A. The plans are consistent with the approved preliminary subdivision plat or approved preliminary development plat, or the proposed final subdivision plat or proposed final development plat; B. The plans conform to the approved watershed protection plan (phase 2) where applicable;

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Amended: January 21, 2025 San Marcos Development Code

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