Laserfiche WebLink
� SUBDIVISIONS <br /> a. No lots within the approved plat have been sold within Section 3.3.6.4Effective Date of Plat Vacation <br /> five (5)years following the date that the final plat was <br /> approved by the City;or A. The plat is vacated when a signed, acknowledged instrument <br /> declaring the plat vacated is approved and recorded in the <br /> b. The property owner has breached an improvement manner prescribed for the original plat. On the execution and <br /> agreement, and the City is unable to obtain funds recording of the vacating instrument,the vacated plat shall <br /> with which to complete construction of public have no further effect. <br /> improvements, except that the vacation shall apply <br /> only to lots owned by the property owner or its <br /> successor;or <br /> c. The plat has been of record for more than five (5) <br /> years, and the City Council determines that the further <br /> sale of lots within the subdivision or addition presents <br /> a threat to public health,safety and welfare, except <br /> that the vacation shall apply only to lots owned by the <br /> property owner or its successors. <br /> Section 3.3.6.3Approval Process <br /> A. Responsible Official Action <br /> 1. Published notice of the public hearing on the plat vacation <br /> application shall be given in accordance with Section <br /> 2.3.2.1.The hearing shall be conducted by the Planning <br /> and Zoning Commission in accordance with Section <br /> 2.3.3.1. <br /> 2. The Responsible Official shall review the application and <br /> recommend approval, approval with conditions, or denial <br /> of the application. <br /> B. Planning and Zoning Commission Action. <br /> 1. The Planning and Zoning Commission, at its discretion, <br /> shall have the right to retain all or specific portions of <br /> road rights-of-way or easements shown on the plat being <br /> considered for vacation. However,the Planning and Zoning <br /> Commission shall consider plat vacation upon satisfactory <br /> conveyance of easements and/or rights-of-way in a <br /> separate legal document using forms provided by the City <br /> Attorney's office. <br /> 2. The Planning and Zoning Commission shall approve, <br /> approve with conditions or statutorily deny an application <br /> for a plat vacation. <br /> 3:16 San Marcos Development Code Amended:September 1, 2020 <br />