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 O p' g II )Director and Engineering Director, the public improvements have d Partial Release. I , in the opinion o the II I�rr7�aror7��, commenced in good faith, a release for construction on up to 5% of the residential lots may be issued. A lot must have permanent street access installed to it prior to this release. (e) Remedies. In addition to all other remedies authorized in Article 3, Division 7 of this Chapter 1, where a subdivision improvement agreement has been executed and security has been posted and required public improvements have not been installed in accordance with the terms of the agreement, the City may: (1) Declare the agreement to be in default and require that all the public improvements be installed regardless of the extent of completion of the development at the time the agreement is declared to be in default; (2) Obtain funds under the security and complete the improvements itself or through a third party; or (3) Assign its right to receive funds under the security to any third party, including a subsequent owner of the development in exchange for the subsequent owner's agreement and posting of security to complete the public improvements serving the tract. Section 1...6...6„ 5 ,,. Inspection and Acceptance of PulbIllic llirmmlpirovern int (a) Inspections. Construction inspection shall be supervised by the Engineering Director. Construction shall be in accordance with the approved construction plans. Inspection shall be in accordance with Article 3, Division 6 of this Chapter 1. Any significant change in design required during construction shall be made by the subdivider's engineer, and shall be subject to approval by the Engineering Director. If the Director finds upon inspection that any of the required public improvements have not been constructed properly and in accordance with the approved construction plans, the property owner shall be responsible for completing and /or correcting the public improvements. (b) Submission of As -Built Plans or Record Drawings. The City shall not accept dedication of required public improvements until the applicant's engineer has certified to the Engineering Director, through submission of a detailed "as- built" record drawing or survey plat of the property and any off -site easements, the location, dimensions, materials, and other information establishing that the public improvements have been built in accordance with the approved construction plans. Each as -built sheet shall show all changes made in the plans during construction and on each sheet there shall be an as -built stamp bearing the signature of the engineer and date. (c) Acceptance of Improvements. When the Engineering Director has determined that the public improvements have been installed in accordance with the approved construction plans, the Director shall accept such improvements on behalf of the City. Acceptance of the improvements shall mean that the property owner has transferred all rights to all the public improvements to the City for use and maintenance. The Engineering Director may accept dedication of a portion of the required public improvements, provided adequate surety has been given for the completion of all of other improvements. Upon acceptance of the required public improvements, the Director shall issue a certificate to the property owner stating that all required public improvements have been satisfactorily completed. (d) Disclaimer. Approval of a preliminary or Final Subdivision Plat or Final Development Plat by the Planning and Zoning Commission shall not constitute acceptance of any of the public improvements required to serve the subdivision or development. No public improvements shall be accepted for dedication by the City except in accordance with this Section 1.6.6.5 (e) Acceptance of Improvements for Land in Extraterritorial Jurisdiction. Where the facilities to be constructed under the subdivision improvement agreement are located within the City's extraterritorial jurisdiction, and are to be dedicated to the county in which the land is located, the Director shall inform the county that the public improvements have been constructed in accordance with approved construction plans, and are ready for acceptance by the county. San Marcos, Texas, Code of Ordinances Page 95