San Marcos Development Code 9.1.2020

2 C H A P T E R

Development Procedures

Section 2.4.3.7Expiration, Extension, Amendment and Termination of Agreement A. Expiration. The development agreement shall expire on the date that its term ends. The conceptual plan of development governing development of the property shall expire on that date, except for any land that is subject to an approved or pending development application that remains in effect for the property. B. Extension. The development agreement and land use plan may be extended for additional periods under the terms of the agreement. Extension of development applications on land subject to the agreement shall be in accordance with this development code, or as provided in the agreement. C. Amendment. The development agreement and land use plan may be amended from time to time under the procedure for approval of an application for a development agreement. D. Termination. The development agreement and land use plan may be terminated for breach of the agreement or other reasons in accordance with its terms. Section 2.4.4.1Purpose, Applicability, Effect, Universal Procedures A. Purpose. The purpose of an application for approval of a utility extension shall be to determine whether the City wishes to authorize extension of water or wastewater facilities to provide services to a development located outside the city limits. B. Applicability. Approval of a utility extension shall be required where: 1. A property owner seeks water or wastewater services from the City for a proposed project that shall be located outside the city limits at the time of the proposed extension and subsequent development, or 2. A property owner seeks wastewater service from the City but not water service. Division 4: APPLICATION FOR UTILITY EXTENSION

C. Effect. Approval of an application for a utility extension authorizes:

1. The City to annex the property;

2. The applicant to submit development applications consistent with the capacity of the facilities to be extended; and 3. The applicant to construct extensions of the facilities in accordance with the terms of the approved application and construction plans. Section 2.4.4.2Application Requirements A. The universal procedures in Section 2.3.1.1 shall be applicable to applications for utility extension except as otherwise provided in this Division 4. B. An application for a utility extension shall include without limitation a statement of the preferred scenario map area of the property applicable to the utility extension and that the requested utility extension is consistent with the comprehensive plan as contemplated in Section 4.1.1.6. If the applicant’s property is not contiguous to the city limits, the application must be accompanied by a written request for annexation of an area meeting the requirements of the Texas Local Government Code from each property owner, or, for public right-of-way, the entity having jurisdiction over the right-of-way, along the intended route of the utility extension. Section 2.4.4.3Approval Process

A. Responsible Official Action

1. The Responsible Official shall review the application for a utility extension in accordance with the criteria in Section 2.4.4.4 and shall provide a report and recommendation to the City Council for consideration.

B. City Council Action

1. The City Council shall evaluate the application on the basis of the staff report and the criteria listed in Section 2.4.4.4. 2. The City Council may either grant, grant subject to conditions, or deny the application.

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Amended: September 1, 2020 San Marcos Development Code