San Marcos Development Code 9.1.2020

3 C H A P T E R

Subdivisions

4. A division of land that results in the creation of two or more parcels, each of which is greater than five acres inside the city limits, or each of which is greater than ten acres within the City’s extraterritorial jurisdiction, when each parcel has direct access to an existing public street, and no dedication of public facilities is required under this Development Code in connection with the division;

C. Waiver Requests. An applicant may request in writing a waiver of the 30 day decision timeline. The waiver request shall contain a statement of the reasons for the waiver and the time for which a waiver is sought. Where the Planning and Zoning Commission is the final decision-maker, no waiver shall be granted for a period less than the Commission’s next regularly scheduled meeting. Waiver requests which have not been received by the responsible official on or before the fourth calendar day prior to the Planning and Zoning Commission meeting at which action is to be taken on the plat application shall be deemed statutorily denied and action shall be taken on the plat application at such meeting as scheduled. D. Action on the Waiver Request. The Responsible Official shall take action on the waiver request within the thirty (30) day period for acting on the plat. E. Plat Application for Extraterritorial Jurisdiction. Where the land to be platted lies within the extraterritorial jurisdiction of the City in a county with which the City has an interlocal agreement under Tex. Loc. Gov’t Code Ch. 242, the approval process shall be in accordance with the appropriate interlocal agreement. F. If the City has not received a decision from the county on matters pertaining to the plat application which are to be determined by the county under the interlocal agreement, the application for plat approval shall be statutorily denied, unless a waiver is submitted in accordance with Section 3.1.1.4(C) above. Section 3.1.1.5Stages of Plat Approval A. Subdivision Plats. A subdivision plat may be approved in three stages where applicable:

5. Creation of a remainder tract; and

6. Acquisition of land for governmental purposes by dedication, condemnation, or easement.

B. Development Plat Exemptions. The following development activities are exempt from the requirements of this Chapter that apply to Development Plats: 1. Any development activity associated with a subdivision plat that conforms to the requirements set forth in Section 3.2.2.1 or Section 3.2.3.1; 2. Sale, inheritance, or gift of land by metes and bounds of tracts upon which no improvements, development, subdivision or alteration is intended; 3. Use of existing cemeteries complying with all State and local laws and regulations; 5. Construction of agricultural accessory structures and related development activities. Section 3.1.1.4 Approval Process A. Application Requirements. All plat applications shall be prepared by the property owner or its authorized agent in accordance with the universal procedures in Section 2.3.1.1 except as otherwise provided herein. B. Time for Decision. All plat applications shall be acted upon within thirty (30) days from the official filing date unless a waiver is submitted in accordance with Section 3.1.1.4(C) below. 4. Bona fide agricultural activities; and

1. Subdivision concept plat;

2. Preliminary subdivision plat; and

3. Final subdivision plat.

B. Development Plats. A development plat may be approved in two stages:

1. Preliminary development plat; and

2. Final development plat.

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San Marcos Development Code Amended: September 1, 2020