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 6: - PLATTING PROCEDURES DIVISION 5: - FINAL SUBDIVISION PLATS AND FINAL DEVELOPMENT PLATS Section 1...6„ „"T ,,. Ilf;;° Ipiiiir tiiioin and Ilf;;° t inS110in The approval of a Final Subdivision Plat or Final Development Plan application shall remain in effect for a period of two years from the date the application was approved or conditionally approved by the Planning and Zoning Commission, during which period the applicant shall submit any required revisions for approval and make all other changes needed to record the plat. If the final Subdivision Plat or Final Development Plat has not been recorded within the two -year period, the final Subdivision Plat of Final Development Plat approval, unless extended in accordance with Article 3, Division 5 of this Chapter 1, shall expire and the applicable plat shall be deemed null and void. (a) After approval of the Final Subdivision Plat or Final Development Plat, the Planning and Zoning Commission shall cause the D irector to record the Final Subdivision Plat or Final Development Plat with the county clerk of the county in which the land is located upon the subdivider's or developer's performance of one of the following: (1) Completion of the construction of required improvements prior to recordation; or (2) Filing of security in lieu of completing construction in accordance with Division 6 of this Article 6. (b) Submittal of Record Plat Where Improvements Installed. Where public improvements have been installed prior to recording of the plat, the property owner shall submit a maintenance bond in accordance with Division 6 of this Article 6 from each contractor, three sealed sets of "as built" plans or record drawings, one sealed set of "as built" mylars, and a digital copy of all plans (in a format as determined by the Engineering Director), together with a letter stating the contractors' compliance with Division 6 of this Article 6, and bearing sealed certification by the design engineer that all public improvements have been constructed in compliance with all City construction standards. The property owner also shall submit copies of the approved Final Subdivision Plat or Final Development Plat, revised to reflect the "as built" plans, in the format and number as set forth in the Technical Manual, together with all certifications set forth in the Chapter 1 Technical Manual. (c) Submittal of Record Plat Where Improvements Have Not Been Installed. Where public improvements have yet to be completed in connection with an approved Final Subdivision Plat or Final Development Plat, the property owner shall submit in the format and number as set forth in the Technical Manual, of the approved Final Subdivision Plat or Final Development Plat, revised to reflect any changes required by the Planning and Zoning Commission. (d) Signing and Recording. Upon receipt of a complete record plat application, the responsible official shall procure the signature of the chair of the Planning and Zoning Commission on the plat and shall promptly cause the plat to be recorded. (e) Update of Lienholder Consents. In conjunction with the application for a record plat, the applicant shall furnish to the City an updated title policy commitment issued by a title insurance company authorized to do business in Texas, or a title opinion letter from an attorney licensed to practice in Texas, identifying all persons having an interest in the property subject to the plat, including lienholders. If there has been any change in the lienholders since the time of the lienholder consent agreement provided under Section 1.6.5.3, the applicant shall submit a new agreement executed by each lienholder consenting to the platting of the property and the dedications and covenants contained in the plat. The title commitment or title opinion letter and consent agreement shall be subject to review and approval by the City Attorney. San Marcos, Texas, Code of Ordinances Page 91