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Ord 2004-092
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Ord 2004-092
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Last modified
6/2/2008 1:25:19 PM
Creation date
8/27/2007 9:05:40 AM
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City Clerk
City Clerk - Document
Ordinances
City Clerk - Type
Code of Ordinances
Number
2004-92
Date
12/13/2004
Volume Book
159
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<br />Chapter 1 Development Procedures - Article 6 Platting Procedures <br /> <br />(a) Completion Prior to Final Subdivision Plat. Except as provided below, after <br />approval of a Preliminary Subdivision Plat and before an approved Final Subdivision <br />Plat is filed, the installation of all public improvements required to serve the <br />subdivision, whether to be located off-site or on-site, including but not limited to <br />water, wastewater, drainage, roadway and park improvements, shall be finally <br />completed in accordance with the approved construction plans. The installation of <br />improvements required for proper drainage and prevention of soil erosion on <br />individual residential lots, and improvements on any common areas, also shall be <br />finally competed prior to Final Subdivision Plat approval in accordance with the <br />approved construction plans. <br /> <br />(b) Deeds in Escrow. As a condition of Preliminary Subdivision Plat approval, the <br />Planning and Zoning Commission may require the property owner to deposit deeds in <br />escrow describing by metes and bounds street rights-of-way, park land, and <br />easements required by these regulations, conveying such rights-of-way, park land and <br />easements to the City, pending acceptance of improvements by the City and <br />recordation of the Final Subdivision Plat. In the event the property owner fails to <br />complete the public improvements, and the improvements are deemed necessary for <br />the preservation of the public health and safety, the City may compel the delivery and <br />recording of the deeds in order to complete the improvements as required. <br /> <br />(c) Installation after Final Subdivision Plat Approval. The Planning and Zoning <br />Commission on request of the applicant may defer the obligation to install one or <br />more public improvements to serve the subdivision until after Final Subdivision Plat <br />approval. The request shall be submitted with an application for Preliminary <br />Subdivision Plat approval. If the subdivider elects not to file for Preliminary <br />Subdivision Plat approval, public improvements shall be installed after approval of <br />the Final Subdivision Plat. In either case, deferral of the obligation to install public <br />improvements shall be conditioned on execution of a subdivision improvement <br />agreement and sufficient surety to secure the obligations defined in the agreement. <br /> <br />(d) Off-Site Easements. All necessary off-site easements required for installation of off- <br />site public improvements to serve the subdivision or development shall be acquired <br />by the subdivider or developer and conveyed solely to the City by a deed approved by <br />the City Attorney. <br /> <br />Section 1.6.6.3 <br /> <br />Subdivision Improvement Agreement <br /> <br />(a) Obligations under Agreement. Whenever public improvements to serve the <br />development are deferred until after Final Subdivision Plat or Final Development Plat <br />approval, the property owner shall enter into a subdivision improvement agreement <br />by which the owner covenants to complete all required public improvements, <br />including residential lot improvements for drainage or erosion control, and common <br />area improvements, no later than two years following the date upon which the final <br /> <br />City of San Marcos, Texas <br /> <br />Land Development Code - Final <br /> <br />1-110 <br /> <br />t <br /> <br />It <br /> <br />, <br />
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