San Marcos Development Code Effective 10.17.23

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CHAPTER

Subdivisions

D. Effect. Approval of a final subdivision or development plat authorizes: 1. The subdivider to install any improvements in public rights-of-way under approved public improvement construction plans and a subdivision improvement agreement, where required; 2. The Responsible Official to record the plat upon completion and acceptance of public improvements or posting of security; and 3. Approval of subsequent development applications upon recordation of the final subdivision or development plat. Section 3.2.3.2 Application Requirements A. An application for a final 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 final subdivision or development plat shall not be approved unless the following applications and development permits, where applicable, have been approved: 1. All legislative approvals needed to authorize the proposed uses for the land.

E. The applicant shall submit a written agreement executed by each lien holder consenting to the platting of the property and to the dedications and covenants that may be contained in the plat. F. The title commitment, policy, or opinion letter and such consent agreement shall be subject to review and approval by the City Attorney. Section 3.2.3.3 Approval Process A. Responsible Official Action. The Responsible Official shall review the application for a final subdivision or development plat in accordance with the criteria in Section 3.2.3.4. 1. The Responsible Official shall decide whether to approve, approve with conditions, or statutorily deny the final subdivision or development plat application. 2. The Responsible Official shall, within 45 days of the date of Final Plat approval, cause the approved plat to be posted to the City’s website. B. Plat Recordation. After approval of the final subdivision plat or final development plat, the Responsible Official shall record the final subdivision plat or final development plat with the county clerk of the county in which the land is located upon the subdivider’s or developer’s performance of one of the following: 1. Completion and acceptance of the required improvements prior to recordation; or 2. Filing of security in lieu of completing construction in accordance with Section 3.4.2.3. C. Upon receipt of a complete record plat, the Responsible Official shall procure the signature of the chair of the Planning and Zoning Commission on the plat and shall promptly cause the plat to be recorded. Section 3.2.3.4 Criteria for Approval A. The following criteria shall be used to determine whether the application for a final subdivision plat or a final development plat shall be approved, approved with conditions, or statutorily denied: (Ord. No. 2023-72, 10-17-2023)

2. A concept plat.

3. A preliminary plat.

4. A watershed protection plan (phase 2).

5. A transportation impact assessment.

C. Title Requirements. The applicant shall furnish with the initial application to the City and prior to recordation: 1. Any changes to a current title commitment or title policy issued by a title insurance company authorized to do business in Texas; or 2. A title opinion letter from an attorney licensed to practice in Texas, D. The certification shall identify all persons having an interest in the property subject to the plat, including lien holders.

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San Marcos Development Code Amended: October 17, 2023