San Marcos Development Code Effective 10.17.23

2 CHAPTER

Development Procedures

Article 6: WATERSHED PROTECTION PLANS

1. Any land that is expressly exempted from the environmental standards contained in Chapter 6, of this Development Code. 2. The construction of a single family home where a plat is not required by Section 3.1.1.1. 1. Approval of a watershed protection plan or a qualified watershed protection plan entitles the applicant to seek approval of subsequent development applications. 2. The approval or conditional approval of a watershed protection plan (phase 1 and phase 2) or qualified watershed protection plan shall constitute conditions of approval of any subordinate development applications for the land subject to such plan, and such development applications must be consistent with such plan. 3. The following elements shall be incorporated within any subordinate development application consistent with the approved or conditionally approved watershed protection plan (phase 1 and phase 2) or qualified watershed protection plan: a. Demarcation of all water quality zones and buffer zones for the property subject to the development application; b. Location of impervious cover allocated to the property, including areas of intensified impervious cover, subject to the development application, or to be allocated among lots or tracts into which the property is to be divided; c. For land in the Edwards Aquifer Recharge or Transition Zones, identification of all sensitive features and demarcation of all sensitive feature protection zones for the property subject to the development application; d. The contours of any land authorized for reclamation; and e. The location of LID practices that replace impervious cover or mitigate water quality from runoff of impervious cover.

Division 1: APPROVAL AND APPLICATION PROCESS

Section 2.6.1.1 Purpose, Applicability, Exceptions and Effect A. Purpose of a Watershed Protection Plan Phase 1 or Qualified Watershed Protection Plan Phase 1. The purpose of a watershed protection plan phase 1 or a qualified watershed protection plan phase 1 shall be to apply all Federal, State and Local environmental and flood control standards to a conceptual development design by establishing terms and conditions for approval of development applications and entitlements. B. Purpose of a Watershed Protection Plan Phase 2 or Qualified Watershed Protection Plan Phase 2. The purpose of a watershed protection plan phase 2 or a qualified watershed protection plan phase 2 is to assure that the standards and conditions imposed under the conceptual development design and any additional specific standards applicable to the approval of construction permits shall be met at the time of development of the property. C. General Applicability. A watershed protection plan or a qualified watershed protection plan is required within the city limits and within the city’s extraterritorial jurisdiction. D. Applicability of a Qualified Watershed Protection Plan 1 or 2. A qualified watershed protection plan is required when any of the following requests are made for developments greater than forty (40) acres: 1. A request for an increase in impervious cover requiring a mitigation plan; 2. A request for reclamation of land in the 100-year floodplain or within a water quality zone or buffer zone; or 3. The development of twenty (20) acres or more of land within the 100-year floodplain.

F. Effect.

(Ord. No. 2020-60, 9-1-2020)

E. Exceptions. A watershed protection plan or a qualified watershed protection plan is not required for:

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Amended: October 17, 2023 San Marcos Development Code