San Marcos Development Code 9.1.2020

3 C H A P T E R

Subdivisions

Article 4: Construction management

C. The plans conform to the environmental standards, development standards, and standards for adequate public facilities contained in this Development Code; and D. The plans conform to the specifications contained in the City’s adopted technical manuals, standards and guidelines. Section 3.4.1.5Expiration A. Expiration. Public improvement construction plans shall expire two years from the date of approval if no progress has been made towards completion of the project as defined by the Texas Local Government Code Chapter 245. Whenever public improvements to serve the development are deferred until after final subdivision plat or final development plat recordation, the property owner shall enter into a subdivision improvement agreement by which the owner covenants to complete all required public improvements, including residential lot improvements for drainage or erosion control, and common area or parkland improvements, no later than two years following the date upon which the final subdivision plat or final development plat is approved and recorded. The agreement shall be subject to review and approval by the City Attorney, and shall be approved and executed by the City Manager with approval of the final subdivision plat or final development plat. Upon execution, the agreement shall be filed in the applicable county of record and shall contain the following provisions: 2. Covenants to warranty the improvements for a period of one year following acceptance by the City; 3. Covenants to provide security in a form authorized under Section 3.4.2.3 for maintenance in the amount of twenty (20) percent of the costs of the improvements for such period; 4. Provisions for participation in the costs of the improvements by the City, if authorization has been obtained from the City Council, and a performance bond for such improvements from the contractor, with the City as a co-obligee; Division 2: SUBDIVISION IMPROVEMENT AGREEMENT Section 3.4.2.1Obligations under Agreement 1. Covenants to complete the improvements;

Division 1: PUBLIC IMPROVEMENT CONSTRUCTION PLANS

Section 3.4.1.1Purpose, Applicability and Effect

A. Purpose. The purpose of public improvement construction plans is to assure that public improvements required to be installed in order to serve a subdivision or a development are constructed in accordance with all standards of this Development Code and any applicable technical manuals. B. Applicability. An approved public improvements construction plan application is required prior to construction of any improvements that will be dedicated to the City C. Effect. Approval of public improvement construction plans authorizes the property owner to install public improvements in existing or proposed rights-of-way and easements offered for dedication to the public under an approved preliminary or final subdivision or development plat, or under an approved site permit. Section 3.4.1.2Application Requirements An application for approval of public improvement construction plans shall be prepared in accordance with Section 2.3.1.1. Section 3.4.1.3Approval Process A. Responsible Official Action. The Responsible Official shall approve, approve subject to modifications, or reject the public improvement construction plans based on the criteria in Section 3.4.1.4 and subject to appeal to the Planning and Zoning Commission. Section 3.4.1.4Criteria for Approval The Responsible Official, shall render a decision on the public improvement construction plans in accordance with the following criteria: A. The plans are consistent with the approved preliminary subdivision plat or approved preliminary development plat, or the proposed final subdivision plat or proposed final development plat; B. The plans conform to the approved watershed protection plan (phase 2) where applicable;

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Amended: September 1, 2020 San Marcos Development Code