San Marcos Development Code 9.1.2020

3 C H A P T E R

Subdivisions

3. A preliminary plat.

the subdivider’s or developer’s performance of one of the following: 1. Completion and acceptance of the required improvements prior to recordation; or 2. Filing of security in lieu of completing construction in accordance with Section 3.4.2.3. E. Upon receipt of a complete record plat, the Responsible Official shall procure the signature of the chair of the Planning and Zoning Commission on the plat and shall promptly cause the plat to be recorded. Section 3.2.3.4Criteria for Approval A. The following criteria shall be used to determine whether the application for a final subdivision plat or a final development plat shall be approved, approved with conditions, or statutorily denied: 1. If no preliminary subdivision or development plat has been approved the criteria in Section 3.2.2.4 shall apply; 2. The final subdivision plat or final development plat, as applicable, conforms to the approved preliminary subdivision plat or preliminary development plat, except for minor changes authorized under Section 3.2.3.5; 3. Where public improvements have been installed, the improvements conform to the approved public improvement construction plans and have been approved for acceptance by the Responsible Official; 4. Where the Planning and Zoning Commission has authorized public improvements to be deferred, the subdivision improvement agreement and surety have been executed and submitted by the property owner in accordance with Section 3.4.2.1; 5. The final layout of the subdivision or development meets all standards for adequacy of public facilities in accordance with Section 3.5.1.1; and 6. The plat meets any County standards to be applied under an interlocal agreement between the City and a County under Tex. Loc. Gov’t Code Ch. 242, where the proposed development is located in whole or in part in the extraterritorial jurisdiction of the City and in the county.

4. A watershed protection plan (phase 2).

5. A transportation impact assessment.

C. Title Requirements. The applicant shall furnish with the initial application to the City and prior to recordation: 1. Any changes to a current title commitment or title policy issued by a title insurance company authorized to do business in Texas; or 2. A title opinion letter from an attorney licensed to practice in Texas, D. The certification shall identify all persons having an interest in the property subject to the plat, including lien holders. E. The applicant shall submit a written agreement executed by each lien holder consenting to the platting of the property and to the dedications and covenants that may be contained in the plat. F. The title commitment, policy, or opinion letter and such consent agreement shall be subject to review and approval by the City Attorney. Section 3.2.3.3Approval Process A. Responsible Official Action. The Responsible Official shall review the application for a final subdivision or development plat in accordance with the criteria in Section 3.2.3.4 and provide a report and recommendation to the Planning and Zoning Commission. B. Planning and Zoning Commission Action. The Planning and Zoning Commission shall decide whether to approve, approve with conditions, or statutorily deny the final subdivision or development plat application. C. The action of the Commission shall be noted and the reasons for the action shall be entered in the minutes of the Commission. D. Plat Recordation. After approval of the final subdivision plat or final development plat, the Responsible Official shall record the final subdivision plat or final development plat with the county clerk of the county in which the land is located upon

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San Marcos Development Code Amended: September 1, 2020