San Marcos Development Code 9.1.2020

2 C H A P T E R

Development Procedures

quality, or buffer zone located outside 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 offsets the impacts to water quality resulting from increased development within a buffer zone or reclamation of water quality and / or buffer zone; and 4. Whether the plan is consistent with any proposed clustering or development transfers outside the plan area. C. Reclaimed Land - Factors. For developments where reclamation of land within the 100-year floodplain is proposed: 1. Whether the reclamation concept plat (which is an element of watershed protection plans and qualified watershed protection plans when reclamation is proposed) is consistent with approved legislative applications for the land subject to the plan, including expressly any master drainage plan elements applicable to the land; 2. Whether the reclamation concept plat meets the general standards in Chapter 6 (except as to the components of a mitigation plan for a qualified watershed protection plan that vary from Chapter 6), Chapter 3, Article 9, and the City’s Flood Damage Prevention Ordinance; 3. Whether any adverse impacts have been appropriately mitigated. D. Conditions. The applicable decision-maker or the City Council on appeal may attach such conditions to approval of a qualified watershed protection plan or either phase of a watershed protection plan as are necessary to assure that the plan meets water quality standards, based on the recommendation of the Responsible Official, a qualified geologist, or a Texas-licensed (Ord. No. 2020-60, 9-1-2020) (Ord. No. 2020-60, 9-1-2020)

professional engineer. Conditions may include a requirement to prepare or modify a mitigation plan. E. No watershed protection plan or qualified watershed protection plan shall be approved or approved with conditions unless proper documentation is submitted to the Responsible Official indicating that all applicable federal, state, and local permits, approvals, and clearances have first been obtained including any required floodplain permit under Chapter 39 of the City Code. Section 2.6.1.5Appeals and Expiration 1. The applicant for either phase of a watershed protection plan or any interested person within the notification area may appeal the decision of the Responsible Official to the Planning and Zoning Commission. 2. For a qualified watershed protection plan, the decision of the Planning and Zoning Commission may be appealed to the City Council, in accordance with Section 2.8.1.1. B. Expiration. A watershed protection plan (phase 1 and/or phase 2), is expired in accordance with Section 2.3.5.3 if an active permit for development of the land is not in place within two (2) years of the date of approval of either phase of the plan. A. Appeal

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San Marcos Development Code Amended: September 1, 2020