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development. This shall include Facades, Materials, Building <br />Variation, Balconies and Stairwells, Quality Building Amenities, <br />Building Entries, and Windows and Transparency. <br />1.05 Application Procedures <br />A. Development of the Property shall be governed by the following: <br />1. The Regulating Plan developed and adopted pursuant to SmartCode as it <br />exists on the effective date of this Agreement and the Conceptual Land Use <br />Plan and this Agreement. <br />2. The City of San Marcos Code of Ordinances, as applicable. <br />3. Construction plans and final plats for all or any portion of the Property that <br />are approved from time to time by the City (collectively, the "Approved <br />Plats "). <br />4. Owner will provide a Traffic Impact Analysis ( "TIA ") with each Regulating <br />Plan. Such an analysis will be on a phased basis with each analysis taking <br />into consideration the cumulative impacts of each previous phase. <br />5. Roadways within the development will adhere to the City's Adopted <br />Complete Streets Ordinance. <br />6. Owner will provide a Stormwater Pollution Prevention Plan as provided in <br />Section C below. <br />7. Applicable provisions of the Texas Local Government Code, and other state <br />and federal laws ( "Other Laws "). <br />8. Watershed Protection Plan Phase 1 prepared prior to approval of the <br />following development applications: Utility Extension, Development Transfer <br />Petition, Subdivision Concept Plan, Preliminary Subdivision Plat, <br />Preliminary Development Plat or Cluster Development Plat. <br />9. A Watershed Protection Plan Phase 2 prepared prior to approval of the <br />following development applications: Construction Plans, Site Preparation <br />Permit, Final Subdivision Plat, Final Development Plat. <br />a. With each Phase 2 Watershed Protection Plan a Water Balance <br />Analysis will be conducted and provided to the City to ensure viability <br />of the water features. The analysis must indicate that no potable <br />water will be utilized for the water features. <br />10.All applicable requirements and standards of the Texas Commission on <br />Environmental Quality (TCEQ) will be met. <br />B. Plat Approval: The Parties agree that the approved land uses in each final plat <br />of portions of the Property shall be consistent with the Conceptual Land Use <br />Plan, as may be amended from time to time and the Regulating Plan. <br />C. Environmental, Water Quality & Detention Standards <br />Owner shall obtain authorization from and comply with the rules and regulations <br />established by federal, state and local governmental entities regarding <br />4 <br />