San Marcos Development Code Effective 10.17.23

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CHAPTER

Subdivisions

2. Failure to make progress as defined by Texas Local Government Code Chapter 245 towards completion of each phase of the subdivision in accordance with the approved phasing schedule shall result in the expiration of the subdivision concept plat in accordance with Section 2.3.5.1. 1. The expiration date for any phase of the development may be extended by the Planning and Zoning Commission under Section 2.3.5.1. Extension of the expiration date for the phase extends the expiration date for the subdivision concept plat for a like period. 2. A subdivision concept plat is not subject to reinstatement following expiration. Section 3.2.1.7 Appeals A. The applicant may appeal the decision of the Responsible Official to deny a plat application to the Planning & Zoning Commssion in accordance with Section 2.8.1.1. The Planning & Zoning Commission shall apply the criteria Section 3.2.1.4 in deciding whether the Responsible Official’s action should be upheld, modified or reversed. Section 3.2.2.1 Purpose, Applicability, Exceptions and Effect A. Purpose. The purpose of a preliminary subdivision or development plat shall be to determine the general layout of the subdivision, the adequacy of public facilities needed to serve the intended development and the overall compliance of the land division with applicable requirements of this Development Code. B. Applicability. A preliminary subdivision or development plat is required for developments where: 1. Public infrastructure is required and the developer has elected not to file a subdivision improvement agreement. B. Extensions (Ord. No. 2023-72, 10-17-2023) Division 2: PRELIMINARY SUBDIVISION OR DEVELOPMENT PLAT

C. Effect. Approval of a preliminary subdivision or development plat shall authorize the installation of public improvements upon approval of public improvement construction plans under Section 3.4.1.1. D. Approval of a preliminary subdivision or development plat shall also authorize the subdivider to seek approval of a final subdivision or development plat for the land subject to acceptance of the public infrastructure. Section 3.2.2.2 Application Requirements A. An application for a preliminary subdivision or development plat shall be submitted in accordance with the universal application procedures in Section 2.3.1.1. except as otherwise provided in this Chapter 3. B. An application for a preliminary subdivision or development plat shall not be approved unless the following applications and development permits, where applicable, have been approved and remain in effect for the land included in the preliminary subdivision or development plat: 1. All legislative approvals needed to authorize the proposed uses for the land.

2. A concept plat.

3. A regulating plan.

4. A watershed protection plan (phase 1 or 2).

5. A transportation impact assessment.

Section 3.2.2.3 Approval Process

A. Responsible Official Action.

1. The Responsible Official shall review the application for a preliminary subdivision or development plat in accordance with the criteria in Section 3.2.2.4. 2. The Responsible Official shall decide whether to approve, approve with conditions, or statutorily deny the preliminary subdivision or development plat application. 3. The Responsible Official shall, within 45 days of the date of Preliminary Plat approval, cause the approved plat to be posted to the City’s website.

(Ord. No. 2023-72, 10-17-2023)

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San Marcos Development Code Amended: October 17, 2023