San Marcos Development Code 9.1.2020

3 C H A P T E R

Subdivisions

Section 3.3.6.4Effective Date of Plat Vacation

a. No lots within the approved plat have been sold within five (5) years following the date that the final plat was approved by the City; or b. The property owner has breached an improvement agreement, and the City is unable to obtain funds with which to complete construction of public improvements, except that the vacation shall apply only to lots owned by the property owner or its successor; or c. The plat has been of record for more than five (5) years, and the City Council determines that the further sale of lots within the subdivision or addition presents a threat to public health, safety and welfare, except that the vacation shall apply only to lots owned by the property owner or its successors. 1. Published notice of the public hearing on the plat vacation application shall be given in accordance with Section 2.3.2.1. The hearing shall be conducted by the Planning and Zoning Commission in accordance with Section 2.3.3.1. 2. The Responsible Official shall review the application and recommend approval, approval with conditions, or denial of the application. 1. The Planning and Zoning Commission, at its discretion, shall have the right to retain all or specific portions of road rights-of-way or easements shown on the plat being considered for vacation. However, the Planning and Zoning Commission shall consider plat vacation upon satisfactory conveyance of easements and/or rights-of-way in a separate legal document using forms provided by the City Attorney’s office. 2. The Planning and Zoning Commission shall approve, approve with conditions or statutorily deny an application for a plat vacation.

A. The plat is vacated when a signed, acknowledged instrument declaring the plat vacated is approved and recorded in the manner prescribed for the original plat. On the execution and recording of the vacating instrument, the vacated plat shall have no further effect.

Section 3.3.6.3Approval Process

A. Responsible Official Action

B. Planning and Zoning Commission Action.

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San Marcos Development Code Amended: September 1, 2020