San Marcos Development Code 9.1.2020

2 C H A P T E R

Development Procedures

3. An applicant may elect to submit a watershed protection plan (phase 2) in lieu of a watershed protection plan (phase 1). 4. The watershed protection plan (phase 2) shall be consistent with the watershed protection plan (phase 1). B. An application for a phase 2 watershed protection plan or phase 2 qualified watershed protection plan requires proof of compliance with the City’s flood prevention ordinance Chapter 39, all federal regulations pertaining to the protection and mitigation based on proposed modifications of a floodplain constituting wetlands or waters of the United States protected under Section 404 of the Clean Water Act. C. An application for a watershed protection plan phase 1 or 2 or a qualified watershed protection plan shall be submitted in accordance with the universal application procedures in Section 2.3.1.1 except as otherwise provided in this Article 5. D. A watershed protection plan or a qualified watershed protection plan shall include all land contiguous to and in the same ownership with the land subject to the plat application or site permit. E. An application for a watershed protection plan phase 2 may be applied for and approved as an element of a comprehensive site permit or public improvement construction plan when the land is not located in any of the following zones: (Ord. No. 2019-45, 12-17-19)

2. The Responsible Official may attach such conditions to approval of a watershed protection plan phase 1 or 2 as are necessary to assure that the plan meets water quality standards, based on the recommendation of the Engineering Director, a qualified geologist, or a Texas- licensed professional engineer. B. Responsible Officials Action with regards to a Qualified Watershed Protection Plan Phase 1 or 2 1. The Responsible Official shall review the application and schedule an informative meeting with the Planning and Zoning Commission prior to providing approval. The following criteria shall be used to determine whether the appli- cation for a watershed protection plan or a qualified watershed pro- tection plan shall be approved, approved with conditions, or denied. A. Edwards Aquifer Zones - Factors. Where land subject to the plan lies in whole or in part within the Edwards Aquifer recharge or transition zones: 1. Whether the plan is consistent with approved legislative applications for the land subject to the plan; 2. Whether the plan meets the standards in Chapter 6 (except as to the components of a mitigation plan for a qualified watershed protection plan that vary from Chapter 6) and Chapter 3, Article 9; 3. Whether any proposed mitigation plan or enhanced geological assessment offsets the impacts to water quality resulting from increased development within a buffer zone; 4. Whether any proposed increase of impervious cover is warranted beyond that otherwise allowed by right for the land within the plan area; and 5. Whether the plan is consistent with any proposed clustering or development transfers outside the plan area. (Ord. No. 2020-60, 9-1-2020) Section 2.6.1.4Criteria for Approval

1. Edwards Aquifer Recharge Zone;

2. A floodplain, water quality, or buffer zone;

3. The San Marcos river protection zone; or

4. San Marcos river corridor.

Section 2.6.1.3Approval Process

A. Responsible Official Action. The Engineering Director is the Responsible Official for watershed protection plans and qualified watershed protection plans. 1. The Responsible Official shall initially decide an application for a watershed protection plan phase 1 or 2 based on the criteria in Section 2.6.1.4.

(Ord. No. 2020-60, 9-1-2020)

B. Other Water Quality Zones - Factors. Where land subject to the plan lies in whole or in part within a floodplain, water

2:41

Amended: September 1, 2020 San Marcos Development Code