San Marcos Development Code Effective 10.17.23

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CHAPTER

Subdivisions

Article 5: Adequate Public Facilities

Section 3.4.3.3 Disclaimer

A. Approval or recordation of a preliminary or final subdivision plat or final development plat shall not constitute acceptance of any of the public improvements required to serve the subdivision or development. No public improvements shall be accepted for dedication by the City except in accordance with this Section. Section 3.4.3.4 Acceptance of Improvements for Land in Extraterritorial Jurisdiction A. Where the facilities to be constructed under the subdivision improvement agreement are located within the City’s extraterritorial jurisdiction, and are to be dedicated to the county in which the land is located, the Responsible Official shall inform the county that the public improvements have been constructed in accordance with approved public improvement construction plans, and are ready for acceptance by the county.

Division 1: IN GENERAL

Section 3.5.1.1 Applicability

A. Land proposed for development in the City and in the City’s extraterritorial jurisdiction must be served adequately by essential public facilities and services, including water, wastewater, roadway, transit, bicycle, pedestrian, drainage, open space, greenways and parkland facilities. B. Land shall not be approved for platting under Section 3.1.1.1 or site development under Section 2.7.1.1 unless and until adequate public facilities as defined in this Chapter 3 and according to the established levels of service exist, or provision has been made for the facilities, whether the facilities are to be located within the property being developed or off-site. C. Public facilities shall be considered sufficient where it is demonstrated to have available capacity to accommodate the service demand generated by the proposed development, as well as other approved developments, the Comprehensive Plan and other adopted master plans for public facilities and services, and applicable capital improvement plans. Section 3.5.1.2 Dedication and Construction Requirements 1. New development must be supported by adequate levels of public facilities and services. 2. It is necessary and desirable to provide for dedication of rights-of-way and easements for capital improvements to support new development at the earliest stage of the development process. 3. Requirements for dedication and construction of capital improvements to serve a proposed new development should be attached as conditions of approval of any development application that contains a specific layout of the development. B. Essential Nexus. There is an essential nexus between the demand on public facilities systems created by a new development and the requirement to dedicate rights-of-way A. Support for New Development.

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San Marcos Development Code Amended: October 17, 2023