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 6: - CONSTRUCTION MANAGEMENT (2) The plans conform to the approved Watershed Protection Plan (Phase 2); (3) The plans conform to the environmental standards, development standards, and standards for adequate public facilities contained in Chapters 5, 6, and 7 of this Land Development Code; and (4) The plans conform to the specifications contained in the City's TCSS. (i) Effect. Approval of construction plans authorizes the property owner to install public improvements in rights -of -way offered for dedication to the public under an approved Preliminary or Final Subdivision Plat, or under an approved Preliminary or Final Development Plat for which a Site Preparation Permit also has been approved. Section 1...6...6...2 Tiiiirmmiiiing of PulbIllic llirnrnlpirove rnrn nt (a) Completion Prior to Final Subdivision Plat. Except as provided below, after approval of a Preliminary Subdivision Plat and before an approved Final Subdivision Plat is filed, the installation of all public improvements required to serve the subdivision, whether to be located off -site or on -site, including but not limited to water, wastewater, drainage, roadway and park improvements, shall be finally completed in accordance with the approved construction plans. The installation of improvements required for proper drainage and prevention of soil erosion on individual residential lots, and improvements on any common areas, also shall be finally competed prior to Final Subdivision Plat approval in accordance with the approved construction plans. (b) Deeds in Escrow. As a condition of Preliminary Subdivision Plat approval, the Planning and Zoning Commission may require the property owner to deposit deeds in escrow describing by metes and bounds street rights -of -way, park land, and easements required by these regulations, conveying such rights -of -way, park land and easements to the City, pending acceptance of improvements by the City and recordation of the Final Subdivision Plat. In the event the property owner fails to complete the public improvements, and the improvements are deemed necessary for the preservation of the public health and safety, the City may compel the delivery and recording of the deeds in order to complete the improvements as required. (c) Installation after Final Subdivision Plat Approval. The Planning and Zoning Commission on request of the applicant may defer the obligation to install one or more public improvements to serve the subdivision until after Final Subdivision Plat approval. The request shall be submitted with an application for Preliminary Subdivision Plat approval. If the subdivider elects not to file for Preliminary Subdivision Plat approval, public improvements shall be installed after approval of the Final Subdivision Plat. In either case, deferral of the obligation to install public improvements shall be conditioned on execution of a subdivision improvement agreement and sufficient surety to secure the obligations defined in the agreement. (d) Off -Site Easements. All necessary off -site easements required for installation of off -site public improvements to serve the subdivision or development shall be acquired by the subdivider or developer and conveyed solely to the City by a deed approved by the City Attorney. Section 1...6...6...3 ,,. Subdilvilsiloin Ill irnrnlpirove rnrn nt g it r n int (a) Obligations under Agreement. Whenever public improvements to serve the development are deferred until after Final Subdivision Plat or Final Development Plat approval, the property owner shall enter into a subdivision improvement agreement by which the owner covenants to complete all required public improvements, including residential lot improvements for drainage or erosion control, and common area improvements, no later than two years following the date upon which the Final Subdivision Plat or Final Development Plat is approved. The agreement shall be subject to review and approval by the City Attorney, and shall be approved by the Planning and Zoning Commission with approval of the Final Subdivision Plat or Final Development Plat. The agreement shall contain the following provisions: (1) Covenants to complete the improvements; San Marcos, Texas, Code of Ordinances Page 93