San Marcos Development Code (effective November 3, 2021)

2 C H A P T E R

Development Procedures

Article 6: WATERSHED PROTECTION PLANS

3. Street Network; and

4. Special Requirements, if any.

Division 1: APPROVAL AND APPLICATION PROCESS

Section 2.5.7.3 Approval 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 proper ty. 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 for ty (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.

A. Responsible Official Action. The Responsible Official shall approve, approve with conditions, or deny a regulating plan based on the criteria in Section 2.5.6.4. Section 2.5.7.4 Criteria for Approval A. The following criteria shall be used to determine whether the application for a regulating plan shall be approved, conditionally approved or denied: 1. The regulating plan is consistent with all applicable standards and requirements in Section 4.4.3.8, and any prior approvals listed in Section 2.5.6.2; 2. The proposed provision and configuration of roads, electric, water, wastewater, drainage and park facilities conform to the Comprehensive Plan and any approved City Master Plans or Capital Improvement Plans; 3. The proposed provision and configuration of roads, water, electric, wastewater, drainage and park facilities, and easements and rights-of-way are determined to be adequate to serve each phase of the development in accordance with Section 3.5.1.1. 4. The schedule of development is feasible and prudent, and assures that the proposed development shall progress to completion within the time limits proposed; and 5. The location, size and sequence of the phases of development as required in Section 4.4.3.8 proposed assures orderly and efficient development of the land subject to the regulating plan. Section 2.5.7.5 Appeals The applicant or other interested person within the notification area may appeal a decision on an application for approval of a regulating plan to the Planning and Zoning Commission in accordance with Section 2.8.1.1.

(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: November 3, 2021 San Marcos Development Code