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<br /> -16- <br /> of the City Code. The obligation <br /> imposed by the performance guarantee <br /> shall be released by the City upon <br /> receipt of a letter from the applicant <br /> certifying that bufferyard requirements <br /> have been completed, subject to <br /> inspection and approval by the City. <br /> 308. Maintenance of Bufferyards <br /> 1. To ensure bufferyards are properly <br /> maintained and to prevent infringement <br /> on their designated uses, bufferyards <br /> must either be: <br /> A. conveyed, with the approval of the <br /> Planning Commission, to a <br /> responsible entity if that entity <br /> agrees to accept conveyance and to <br /> maintain the bufferyardsi <br /> B. conveyed to a community association <br /> or similar organization which shall <br /> be responsible for the maintenance <br /> of the bufferyards~ or <br /> C. retained in ownership by the <br /> applicant and leased to a community <br /> association. <br /> 2. Perpetual dedication and maintenance of <br /> bufferyards shall be provided through <br /> deed restrictions. The deed <br /> restrictions shall run with the land, <br /> establish the bufferyard maintenance <br /> responsibilities, and provide for <br /> restricting the use of the bufferyards <br /> for the purposes designated in this <br /> article. When bufferyards are platted <br /> the applicant shall provide the City <br /> with two (2) copies of the deed <br /> restrictions, one copy of which shall be <br /> recorded by the City at the time of plat <br /> recordation. <br /> 3. At any time structures and/or plant <br /> materials within a bufferyard are not <br /> maintained in a manner which assures its <br /> intended purpose, the City of San Marcos <br /> may, after giving at least 15 days' <br /> reasonable notice to the entity <br /> responsible for maintenance, undertake <br /> or contract for, the maintenance of the <br /> bufferyard and assess the owner(s) for <br /> the cost of the maintenance. Failure to <br /> pay any such assessment within 30 days <br /> of receipt of a statement is declared to <br /> be a misdemeanor, punishable by a fine <br /> of not less than $200 nor more than <br /> $1,000. <br /> Sec. 400. Procedure. <br /> 401. General <br /> 1. A Development Plan approved by the City <br /> Council shall consititute the zoning <br /> district of the PDD and shall be part of <br /> the official zoning map. The approved <br /> Development Plan shall be the document <br /> on which building permits are issued. <br />