Ord 2013-035/Amending Chapters 1 through 8 of the Land Development Code to implement the changes made through Ord 2013-16 which adopted the comprehensive plan

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Subpart B - LAND DEVELOPMENT CODE Chapter 1 - DEVELOPMENT PROCEDURES ARTICLE 7: - WATERSHED PROTECTION PLANS DIVISION 1: -APPROVAL AND APPLICATION PROCESS; APPEALS d. Final Subdivision Plat, Final Development Plat. (3) The Watershed Protection Plan (Phase 2) shall be consistent with the Watershed Protection Plan (Phase 1). An applicant may elect to submit a Watershed Protection Plan (Phase 2) in lieu of a Watershed Protection Plan (Phase 1). (b) Prior Approvals. An application for a Watershed Protection Plan (either phase), shall not be approved until all petitions for legislative decisions authorizing the use of or provisions of services to the property have been approved and remain in effect for land to be subject to the Watershed Protection Plan (either phase). An application for a Phase 2 Watershed Protection Plan shall not be approved or approved with conditions prior to formal acceptance by FEMA of any required Conditional Letter of Map Revision. (c) Subsequent Approvals. No plat application, Site Preparation Permit, or construction permit shall be approved unless a required Watershed Protection Plan, either phase as applicable, has been first approved for the land subject to the application. (d) Accompanying Applications. (1) A Watershed Protection Plan (Phase 1) may be accompanied by an application for a Cluster Development Plan. (2) For land that is to be divided before development, an application for a Watershed Protection Plan (Phase 1) may be accompanied by an application for approval of a Subdivision Concept Plat or Preliminary Subdivision Plat. (3) An application for a Watershed Protection Plan (Phase 2) may be accompanied by an application for approval of a Final Subdivision Plat. (4) If a plat already has been approved or is not required for development of the land, an application for a development plat (preliminary or final) or Site Preparation Permit may be submitted with the application for a Watershed Protection Plan (Phase 2). (5) In any case, the Watershed Protection Plan (Phase 1 or Phase 2 as applicable) shall be decided first. Section 1.7 1...3 ,,. AppIllicatiloin Requirements (a) Responsible Official. The Engineering Director shall be the responsible official for an application for a Watershed Protection Plan, Phase 1 and Phase 2. The II 24aRr;aRiq DDirector shall advise and assist the Engineering Director in evaluating the application and preparing reports for the Planning and Zoning Commission or the City Council on appeal. (b) Contents. An application for approval of a Watershed Protection Plan, Phase 1 and Phase 2, shall be prepared in accordance with Chapter 1 of the Technical Manual. Where land within a floodplain is proposed to be reclaimed, a Reclamation Concept Plan prepared in accordance with the Technical Manual also must be approved as an element of both phases of the Watershed Protection Plan. Section 1 „7 „1„ 4 ,,. Pirocessiling of AppIllicatiloin and IlD iii iiion (a) Decision by Type of Watershed Protection Plan. An application for approval of a Watershed Protection Plan, Phase 1 and Phase 2, initially shall be decided by the Engineering Director, except where the application is accompanied by any of the following requests, in which case the application shall be construed as an application for a Qualified Watershed Protection Plan, which shall be decided by the Planning and Zoning Commission following a recommendation by the City Engineer: (1) A petition for a variance from water quality standards under Section 1.7.1.6 San Marcos, Texas, Code of Ordinances Page 105