Ord 2018-002/replacement of Subpart B (Land Development Code) and Subpart C (SmartCode) with a new Subpart B (San Marcos Development Code “Code SMTX”) including Appendix A - E (Design Manual) and consider amendments to the City’s Preferred Scenario Map an

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x SUBDIVISION m and no dedication of public facilities is required under this meeting at which action is to be taken on the plat application Development Code in connection with the division; shall be deemed statutorily denied and action shall be taken on the plat application at such meeting as scheduled. 5. Creation of a remainder tract; and D. Action on the Waiver Request.The Responsible Official shall 6. Acquisition of land for governmental purposes by take action on the waiver request within the thirty(30)day dedication, condemnation, or easement. period for acting on the plat. B. Development Plat Exemptions.The following development E. Plat Application for Extraterritorial Jurisdiction.Where the activities are exempt from the requirements of this Chapter that land to be platted lies within the extraterritorial jurisdiction of the apply to Development Plats: City in a county with which the City has an interlocal agreement 1. Any development activity associated with a subdivision under Tex. Loc.Gov't Code Ch. 242,the approval process shall plat that conforms to the requirements set forth in Section be in accordance with the appropriate interlocal agreement. 3.2.2.1 or Section 3.2.3.1; F. If the City has not received a decision from the county on 2. Sale, inheritance, or gift of land by metes and bounds matters pertaining to the plat application which are to be of tracts upon which no improvements, development, determined by the county under the interlocal agreement,the subdivision or alteration is intended; application for plat approval shall be statutorily denied, unless a waiver is submitted in accordance with Section 3.1.1.4(C) 3. Use of existing cemeteries complying with all State and above. local laws and regulations; Section 3.1.1.5 Stages of Plat Approval 4. Bona fide agricultural activities;and A. Subdivision Plats.A subdivision plat may be approved in three 5. Construction of agricultural accessory structures and stages where applicable: related development activities. 1. Subdivision concept plat; Section 3.1.1.4 Approval Process 2. Preliminary subdivision plat;and A. Application Requirements.All plat applications shall be prepared by the property owner or its authorized agent in 3. Final subdivision plat. accordance with the universal procedures in Section 2.3.1.1 B. Development Plats.A development plat may be approved in except as otherwise provided herein. two stages: B. Time for Decision.All plat applications shall be acted upon 1. Preliminary development plat; and within thirty (30) days from the official filing date unless a waiver is submitted in accordance with Section 3.1.1.4(C) 2. Final development plat. below. C. Final Subdivision Plat in Lieu of Preliminary Subdivision C. Waiver Requests.An applicant may request in writing a Plat.An applicant may submit a final subdivision plat in lieu of waiver of the 30 day decision timeline.The waiver request a preliminary subdivision plat, provided that: shall contain a statement of the reasons for the waiver and the time for which a waiver is sought.Where the Planning and 1• All criteria for approval for both the preliminary subdivision Zoning Commission is the final decision maker, no waiver plat application and the final subdivision plat application shall be granted for a period less than the Commission's next shall be applied to the final subdivision plat application. regularly scheduled meeting.Waiver requests which have not 2. A subdivision improvement agreement is filed for any been received by the responsible official on or before the fourth public improvement construction plans that may be calendar day prior to the Planning and Zoning Commission required for a final subdivision plat application. 3:4 San Marcos Development Code Adopted April 17,2018