San Marcos Development Code Effective 10.17.23

3 CHAPTER

Subdivisions

Section 3.2.2.4 Criteria for Approval

by the Planning and Zoning Commission in accordance with Section 2.3.5.1. B. Extension. A preliminary plat may be extended in accordance with Section 2.3.5.1. Section 3.2.2.7 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 3.2.2.4 in deciding whether the Responsible Official’s action should be upheld, modified or reversed. Section 3.2.3.1 Purpose, Applicability, Exceptions, and Effect A. Purpose. The purpose of a final subdivision plat or a final development plat is to assure that the division or development of the land subject to the plat is consistent with all standards of this Development Code pertaining to the adequacy of public facilities, that public Improvements to serve the subdivision or development have been installed and accepted by the City or that provision for such installation has been made. It also serves to assure that all other requirements and conditions have been satisfied or provided for to allow the plat to be recorded, and to assure that the subdivision or development meets all other standards of this Development Code to enable initiation of site preparation activities for any lot or tract subject to the plat. B. Applicability. Approval of a final subdivision plat or a final development plat must be obtained: (Ord. No. 2023-72, 10-17-2023) Division 3: FINAL SUBDIVISION OR DEVELOPMENT PLAT

A. Criteria. The following criteria shall be used to determine whether the application for a preliminary subdivision plat or development plat shall be approved, approved with conditions, or denied: 1. If no subdivision concept plat has been approved the criteria in Section 3.2.1.4 shall apply; 2. The plat conforms to all prior approvals or phasing plans for the development; 3. The proposed provision and configuration of roads, water, wastewater, drainage and park facilities, and easements and rights-of-way are adequate to serve the subdivision and meet applicable standards of this Development Code; and 4. 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. Section 3.2.2.5 Modifications to an Approved Preliminary Subdivision or Development Plat A. Administrative Adjustment. After approval of a preliminary subdivision or development plat, the responsible official may approve an administrative adjustment for minor variations in an approved preliminary subdivision or development plat that: 1. Do not increase the intensity, density, or number of units, by more than 10%. 2. Do not negatively impact the adequate provision of public facilities. 3. Is a minor adjustments resulting from the installation of public infrastructure as determined by the responsible official. Section 3.2.2.6 Expiration and Extension A. Expiration. The approval of a preliminary subdivision plat application shall remain in effect for a period of two years from the date the application was approved or conditionally approved

1. Prior to any non-exempt division of land.

2. Prior to the issuance of any construction permit in accordance with Section 2.7.3.1.

C. Exceptions. A final subdivision plat or final development plat application under this Article shall not be required for any land division that may be approved through the minor plat procedures of Section 3.2.4.1.

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Amended: October 17, 2023 San Marcos Development Code

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