San Marcos Development Code (effective November 3, 2021)

1 C H A P T E R

General

Article 2: APPLICABILITY AND COMPLIANCE

7. Public facilities standards and park fees in Chapter 3, when applied through platting procedures, on the authority of and pursuant to Tex. Loc. Gov’t Code ch. 212 and ch. 242; 8. Impact fees for water, wastewater and drainage facilities, on the authority of and pursuant to Tex. Loc. Gov’t Code ch. 395; 9. Land use, zoning and development standards otherwise applicable only within city limits, when applied through development agreements, on the authority of and pursuant to Tex. Loc. Gov’t Code chs. 43 and 212, subchapter G; and 10. All procedures required to apply the standards to developments in the extraterritorial jurisdiction under the same authority and pursuant to Texas laws authorizing the application of substantive standards to such development proposals. B. Incorporation of statutory authorization. Each and every authorization to regulate development in the City’s extraterritorial jurisdiction contained in Texas statutes, as may be enacted or amended from time to time, and which are identified generically in subsection (a) and implemented by this Land Development Code hereby is adopted and incorporated herein. Section 1.2.1.3 Relationship to & Conflict with Other Laws, etc The provisions of this Development Code shall take precedence over those of other codes, ordinances, regulations, and standards that may be in conflict with this chapter, except the City Health and Safety Codes and applicable State and Federal law. Section 1.2.1.4 Conflict with Private Easements, Agreements, or Covenants This Development Code is not intended to abrogate, annul, or otherwise interfere with any private easement, agreement, covenant, restriction or other private legal relationship including but not limited to homeowners association or proper ty owners association relationships. The City shall have no obligation to enforce private agreements, easements, covenants or restrictions to which the City is not a par ty.

Division 1: APPLICABILITY

Section 1.2.1.1 Applicability

This Development Code, shall apply to all development, improvements, land, structures, construction, substantial modifications, uses, and buildings and lots, public and private, within the City and its Extraterritorial Jurisdiction. All such development, improvements, land, structures, construction, substantial modifications, uses, and buildings and lots existing on the effective date hereof or constructed or commenced hereafter, and all relocations or demolitions of any of the same occurring hereafter, shall be subject to this Development Code and all plans approved hereunder. Section 1.2.1.2 Regulations Applicable to the Extraterritorial Jurisdiction A. Regulations and authority. The following regulatory standards shall govern development in the City’s extraterritorial jurisdiction and shall be applied in deciding development applications in the extraterritorial jurisdiction: 1. Standards governing annexation and development agreements, on the authority of and pursuant to Tex. Loc. Gov’t Code chs. 43 and 212, subchapter G; 3. Policies and maps of the adopted Comprehensive Plan and interpretive rules, on the authority of and pursuant to Tex. Loc. Gov’t Code ch. 213; 4. Environmental standards, on the authority of and pursuant to Tex. Loc. Gov’t Code ch. 401 and Texas Water Code chs. 16 and 26; 5. Development standards in Chapter 3 when applied through platting procedures, on the authority of and pursuant to Tex. Loc. Gov’t Code ch. 212 and ch. 242; 6. Development standards, when made applicable to the extraterritorial jurisdiction by this Land Development Code, on the authority of and pursuant to Tex. Loc. Gov’t Code ch. 216; 2. Policies and standards governing utility extensions;

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Amended: November 3, 2021 San Marcos Development Code