(a)
Completeness
Determination.
Every application for approval of a preliminary
plat, development plat, minor plat or final plat shall be subject
to a determination of completeness by the responsible official. No
application shall be accepted for processing unless it is accompanied
by all documents required by and prepared in accordance with the requirements
of these Subdivision Regulations. The responsible official from time
to time may identify additional requirements for a complete application
that are not contained within but are consistent with the application
contents and standards set forth in the Subdivision Regulations. The
responsible official also may promulgate a fee for review of the application
for completeness.
(b)
Incompleteness
as Grounds for Denial.
The processing of an application
by any City official or employee prior to the time the application
is determined to be complete shall not be binding on the City as the
official acceptance of the application for filing, and the incompleteness
of the application shall be grounds for denial or revocation of the
application. A determination of completeness shall not constitute
a determination of compliance with the substantive requirements of
these Subdivision Regulations.
(c)
Pre-application
Conference.
A property owner may request a pre-application
conference with the responsible official for purposes of identifying
requirements that are applicable to a proposed plat. The request shall
be made in writing on a form prepared by the responsible official
and shall state that any proposed development concept discussed at
the pre-application conference is not intended as a plan of development
or application for plat approval.
(d)
Time
for Making Determination.
Following submission of a plan
of development or plat application, the responsible official shall
make a determination in writing whether the plan or application constitutes
a complete application for a plat not later than the tenth business
day after the date the application is submitted. The determination
shall specify the documents or other information needed to complete
the application and shall state the date the application will expire
if the documents or other information is not provided.
(e)
When
Deemed Complete.
An application for approval of a plat
that is filed on or after the effective date of these subdivision
regulations, or any subsequent plat application filed after approval
of such initial plat, shall be deemed complete on the 11th business
day after the application has been received, if the applicant has
not otherwise been notified that the application is incomplete.
(f)
Time
for Completing Application.
If an application is not
completed on or before the 45th day after the application is submitted
to the responsible official for processing the application in accordance
with his or her written notification, the application will be deemed
to have expired and it will be returned to the applicant together
with any accompanying documents. Thereafter, a new application for
approval of the plat must be submitted. The City may retain any fee
paid for reviewing the application for completeness.
(g)
Sequence
of Applications.
Notwithstanding any other provision
of these subdivision regulations to the contrary, a plat application
shall not be considered complete unless accompanied by a copy of the
zoning ordinance or other certification verifying that the proposed
use for which the application is submitted is authorized by the zoning
district in which the property is located.
(h)
Vested
Rights.
No vested rights accrue solely from the filing
of an application that has expired pursuant to this section, or from
the filing of a complete application that is subsequently denied.
(Ordinance 2011-03-161 adopted 6/21/11)
(a)
Applicability.
A preliminary plat must be prepared for all subdivisions within
the corporate limits of the City. A preliminary plat is neither authorized
nor required in the City's extraterritorial jurisdiction, unless expressly
authorized by a valid and approved development agreement.
(b)
Application.
An application for approval of a preliminary plat along with
fifteen (15) prints of the proposed subdivision shall be filed with
the responsible official at least fourteen (14) days prior to the
meeting of the planning and zoning commission at which time approval
is asked. The preliminary plat shall be submitted on standard twenty-two
(22) inch by thirty-four (34) inch paper at a scale of one inch equals
one hundred (100) feet by the subdivider or his agent prior to the
sale, offering sale of any lots, tract or building site and prior
to completion of final surveys of streets or lots prior to the grading
or construction work on any streets and before any map of such subdivision
is prepared in form for recording. A digital file on PDF file shall
also be submitted with the application. The preliminary plat application
shall be submitted in accordance with and be accompanied by the following
in accordance with the manual of standard design, manual of water
distribution, and manual of street and drainage:
(1)
Location map:
A vicinity sketch or key map at a scale
of not more than two hundred (200) feet to the inch for all subdivision
exceeding five (5) acres in size or containing ten (10) or more lots.
Such sketch or map shall show existing subdivisions, streets, property
lines and the recorded names of the owners of the adjoining parcels.
It shall also show how the streets and alleys of the proposed subdivision
connect or relate to streets and alleys in neighboring subdivisions
or undeveloped property and the relationship of the development to
existing or proposed major and secondary thoroughfares.
(2)
Names of owner, etc.
The preliminary plat shall show
the name or names of the owner and/or subdivider and the name of the
engineer, land planner or surveyor responsible for the preparation
of the plat.
(3)
Identification:
The proposed name of the subdivision
(which must not be as similar to that of an existing subdivision as
to cause confusion) and names of adjacent subdivisions and landowners
shall be shown on the plat.
(4)
Boundary lines, etc.
Location of boundary lines and
width and location of platted streets and alleys within, or adjacent
to, the property; physical features of the property, including location
of any existing utilities with the size of sewer and water mains.
The outlines of the wooded areas or the location of important individual
trees is required. For all plats, contours must be shown at the intervals
of two (2) feet. All elevations shown shall be referred to mean sea
level datum. The acreage of the property is to be indicated.
(5)
Location and width of the proposed streets and other features:
The location and width of the proposed streets, roads, lots,
alleys, easements, widening of existing thoroughfares, and other features,
and their location in relation to platted streets, alleys and easements
in adjacent subdivisions shall be shown consistent with the Thoroughfare
Plan or other adopted plan for roads and streets. The street layout
shall be in conformity with a plan for the most advantageous development
of the entire neighborhood areas. Whenever the proposed subdivision
contains or is adjacent, or parallel to a railroad right-of-way or
a major thoroughfare or freeway or expressway standards, provision
shall be made for a street approximately parallel to and on each side
of such right-of-way to provide reasonable use of the intervening
land. Proposed streets shall be adjusted to the contour of the land
so as to produce usable lots and streets of reasonable gradient.
(6)
Preliminary Water and Sewer Layouts:
The plan shall
show the proposed location and size of the development's water distribution
system and facilities, including valves, fittings, fire hydrants and
line sizes. The plan shall also address the requirements for all off-site
water lines and/or oversize requirements and shall conform to the
City's Water Distribution System Master Plan. The Plan shall show
the location of all proposed sanitary sewer collection lines and facilities,
including manholes, lift stations and preliminary line sizes. The
plan shall also address the requirements of all off-site sanitary
sewers and/or oversize requirements and shall conform to the City's
Wastewater Collection System Master Plan.
(7)
Phasing:
If the preliminary plat is to serve for a series
of final plats, the phasing lines must be clearly indicated on the
drawing. Subsequent final plats must conform to the approved phasing
lines. Non-substantive difference in the phase lines may be permitted
upon approval by City Staff. However, substantive differences will
require an amended preliminary plat to be approved. The measure of
what is substantive shall rest totally on the opinion of the City
Staff.
(7.1)
Plat contents:
The horizontal scale of the preliminary plat shall be not less
than one hundred (100) feet to the inch and the plat shall also show:
a.
North point, scale and date;
b.
The boundary line, accurate in scale, of the tract to be submitted;
c.
The names of all proposed streets;
d.
The layout, number, and approximate dimension of all proposed lots
or building tracts and the square feet of each;
e.
All parcels of land intended to be dedicated to public use reserved
for the common use of owners of lots or sites in the subdivision,
and the acreage;
f.
Any and all arrangement of lots, building lines or streets proposed;
(8)
Profiles and cross-sections:
Profiles and cross-sections
sufficient to ascertain that the preliminary plat proposals will function
in accordance with the standards of the city.
(9)
Zoning information:
A designation shall be shown of
the proposed uses of land within the subdivision that is, the classified
type of residential use by zoning ordinance, location of business
or classification of industrial sites by zoning ordinance classification,
and sites for churches, schools, parks, or other special uses, and
their acreage.
(11)
Subdivider's Statement:
A preliminary plat application
shall be accompanied by a written statement, signed by the subdivider
stating the developer will comply with all the city requirements in
the city requirements in the proposed subdivision and all such proposals
shall conform to or exceed the standards for such improvements prescribed
by the city.
(12)
Certification that all city taxes and fees have been paid.
(c)
Procedures
(1)
Planning and Zoning Commission Action.
After review of the preliminary plat application by the responsible official and the city engineer, the application shall be scheduled for consideration by the Planning and Zoning Commission. The Commission shall decide whether to approve, approve with conditions or deny the preliminary plat application based on the criteria for approval in subsection (d).
(2)
City Council Action.
Following decision by the Planning and Zoning Commission, the City Council shall determine whether to approve, approve with conditions or deny the preliminary plat application, taking into consideration the action taken by the Commission, and the criteria for approval in subsection (d).
(3)
Conditions.
The Commission or the Council may impose such conditions to the approval of the preliminary plat application as are reasonably necessary to assure compliance with the criteria in subsection (d). Such conditions may address but are not limited to matters involving conformity with the City's zoning regulations, the availability and capacity of public improvements, or the phasing of development.
(d)
Criteria
for Decision.
The following criteria shall be used to
determine whether the application for a preliminary plat shall be
approved, approved with conditions, or denied.
(1)
The preliminary plat is consistent with the adopted Comprehensive
Plan for New Fairview, including but not limited to the future land
use map, the master thoroughfare plan and master facilities plans;
(2)
The plat is consistent with all zoning requirements for the property,
and any approved development agreement;
(3)
The proposed provision and configuration of roads, water, wastewater,
drainage and park facilities conform to the master facilities plans
for the facilities, including without limitation the water facilities,
wastewater facilities, transportation, drainage and other master facilities
plans;
(4)
The plat meets all other requirements of these subdivision regulations;
(5)
The plat meets any county standards to be applied under an interlocal
agreement between the City and a county under Tex. Loc. Gov't Code
ch. 242, where the proposed development is located in whole or in
part in the extraterritorial jurisdiction of the City and in the county.
(e)
Effect
of Approval.
Approval of a preliminary plat shall authorize
the subdivider to submit construction plans for approval by the City
Engineer and, upon approval of such plans, to construct public improvements
to serve the subdivision in accordance therewith. Approval of a preliminary
plat also shall authorize the subdivider to seek approval of a final
plat for the land subject to the preliminary plat. The responsible
official shall not accept any engineering plans until such preliminary
plat has been approved by the city council. No excavation, grading,
tree removal or site clearing activities shall occur prior to approval
of the preliminary plat and the construction plans.
(f)
Lapse
and Extension.
(1)
Expiration of plats.
The applicant shall submit a final plat to the City for the entire area for which a preliminary plat has been approved, within nine (9) months of the date of approval or conditional approval of the preliminary plat. If the property owner fails to submit a final plat application within such period, the preliminary plat shall lapse and all further proceedings concerning the subdivision shall terminate. The applicant shall be required to submit a new preliminary plat, as required by this Chapter, subject to all zoning and subdivision standards then in effect.
(2)
Extension and reinstatement procedure.
a.
Sixty days prior to the lapse of approval for a preliminary plat,
the property owner may petition the Planning and Zoning Commission
to extend or reinstate the approval. Such petition shall be considered
at a public meeting of the Commission.
b.
In determining whether to grant such request, the Commission shall
take into account the reasons for lapse, the ability of the property
owner to comply with any conditions attached to the original approval,
the extent to which the property owner agrees to abide by newly adopted
subdivision regulations, and any changed conditions in the surrounding
area which would make an extension undesirable. The Commission shall
extend its approval of the plat, or deny the request. In the event
the Commission denies extension of the preliminary plat, the property
owner must submit a new application for approval.
c.
The Commission may specify a shorter time for lapse of the extended
plat that is applicable to original approvals, but shall not extend
the period that a preliminary plat approval is valid to more than
two years from the date of original approval.
d.
At any time following the lapse of approval of a preliminary plat,
a developer may request, and the Commission may approve, at its discretion,
a reinstatement of such preliminary plat for the purpose of considering
and approving a final plat for all or a portion of the area covered
by the preliminary plat. The Commission shall reinstate a preliminary
plat only when it determines that it would be in the public interest
to do so to avoid unnecessary review of a new preliminary plat, and
when the pattern of development proposed by the plat would not be
to the detriment of any nearby area or the generaldevelopment of the
City. The Commission may establish such conditions on reinstatement
as are necessary to ensure that the reinstated plat conforms to the
City's comprehensive plan, including a requirement that the plat conform
to the City's current subdivision standards.
(g)
Revisions
Following Approval of Preliminary Subdivision
(1)
Minor Changes.
Minor changes in the design of the subdivision
subject to a preliminary plat may be incorporated in an application
for approval of a final plat without the necessity of filing a new
application for approval of a preliminary plat. Minor changes shall
include adjustment in street or alley alignments, lengths, and paving
details, and adjustment of lot lines that do not result in creation
of additional lots, provided that such changes are consistent with
any approved priority applications.
(2)
Amendments.
All other proposed changes to the design
of the subdivision subject to an approved preliminary plat shall be
deemed major amendments that require submittal and approval of a new
application for approval of a preliminary plat before approval of
a final plat[.]
(Ordinance 2011-03-161 adopted 6/21/11; Ordinance 2020-17-212, sec. 1, adopted 9/14/20; Ordinance
adopting Code)
(a)
Purpose,
Applicability and Effect
(1)
Purpose.
The purpose of a final plat is to assure that
the division or development of the land subject to the plat is consistent
with all standards of these subdivision regulations and all other
City ordinances pertaining to the adequacy of public facilities, that
public improvements to serve the subdivision or development have been
installed and accepted by the City or that provision for such installation
has been made, and that all other requirements and conditions have
been satisfied or provided for to allow the plat to be recorded.
(2)
Applicability.
Approval of a final plat shall be required
prior to any non-exempt division of land and prior to any site preparation
activities for a lot or tract of land that requires installation of
public improvements on or adjacent thereto. A final plat application
shall not be required for any land division that may be approved through
the minor plat procedures in section 2-6.
(3)
Effect.
Approval of a Final Subdivision Plat authorizes
the responsible official to record the plat upon completion of public
improvements or posting of security, and authorizes the subdivider
to install any improvements in public rights-of-way under approved
construction plans and a subdivision improvement agreement.
(4)
Phased Finals.
Final plats of approved phases of a preliminary
plat may be submitted for consideration and approval without each
phase requiring a separate preliminary plat.
(b)
Application.
After the preliminary plat, where required, has been approved
by the City Council, a final plat, in the form of a record, shall
be prepared in accordance with the conditions of approval and submitted
to the City's engineer and responsible official for review and transmission
to the City Planning and Zoning Commission. Where no preliminary plat
is authorized, the final plat application must meet all the submittal
requirements for a preliminary plat that are not included in the list
of application requirements that follow. Fifteen (15) prints and three
(3) mylars shall be filed in the office of the responsible official
at least fourteen (14) days prior to the meeting at which time final
approval is asked. The mylar plat shall be submitted on a scale of
one hundred (100) feet to one inch and one reduced print shall be
of a size which will fit on an eighteen (18) inch by twenty-four (24)
inch sheet for filing with the county. The final plat shall show,
or be accompanied by the following information:
(1)
The names of the owner and/or subdivider and of the licensed state
land surveyor, or registered engineer responsible for the plat.
(2)
The name of the subdivision and adjacent subdivisions, the names
of streets (to conform whenever possible to existing street names)
and numbers of lot and blocks, in accordance with alphabetical block
arrangements and numerical lot arrangement. In case of branching streets,
the lines of departure shall be indicated. (See general requirements)
(3)
An accurate boundary survey and description of the property, with
bearings and distances referenced to survey lines and established
subdivisions, and showing the lines of adjacent lands and the lines
of adjacent streets and alleys, with their width and names. Streets,
alley and lot lines in adjacent subdivisions shall be shown in dashed
lines. North point, scale and date shall be shown.
(4)
Locations of proposed lots, streets, public highways, alleys, parks
and other features, with accurate dimensions in feet and decimals
fractions of feet, with the length of radii and of arcs of all curves,
all angles, and with all other engineering information necessary to
reproduce the plat on the ground. Dimensions shall be shown from all
angle points. Contours, with a minimum of two (2) feet, shall be shown
as light, dashed lines. All elevations shown shall be referred to
sea level datum. All lots or building sites shall conform to the standards
prescribed by the zoning ordinance for the district or districts in
which the subdivision is located. All streets, alleys, drainage and
public utilities shall conform to the specifications of the city.
(5)
The locations of building lines on front and side streets and the
location of utility easements.
(6)
An instrument of dedication, signed and acknowledged by the owner
or owners and by all other parties who have a mortgage or lien interest
in the property, showing allrestrictions, reservations, and/or easements,
if any, to be imposed and reserved in connection with the addition.
Such restrictions shall contain the following provisions, along with
any other restrictions which may be imposed:
No house, dwelling unit or other structure shall be constructed
on any lot in this addition by the owner or any other person until:
a.
Such time as the developer and/or owner has complied with all requirements
of the Platting Ordinance of the City of New Fairview regarding improvements
with respect to the entire block on the street and/or streets on which
the property abuts (a corner lot shall be regarded as abutting on
both intersection streets adjacent to such lot), including the actual
installation of streets, water, sewer, drainage structures, and storm
sewer and alleys, all according to the specifications of the City
of New Fairview or
b.
Until the escrow deposit, sufficient to pay for the cost of such
improvements, as determined by the city's engineer and/or city administrator,
computed on a private commercial rate basis, has been made with the
city secretary, accompanied by an agreement signed by the developer
and/or owner, authorizing the city to make such improvements at prevailing
private commercial rates, or have the same made by a contractor and
pay for the same out of the escrow deposit, should the developer and/or
owner fail or refuse to install the required improvements within the
time stated in such written agreement, but in no case the city be
obligated to make such improvements itself. Such deposit may be used
by the owner and/or developer as progress payments as the work progresses
in making such improvements by making certified requisitions to the
city secretary, supported by evidence of work done; or
c.
Until the developer and/or owner files a corporate surety bond with
the city secretary in a sum equal to the cost of such improvements
for the designated area, guaranteeing the installation thereof within
the time stated in the bond, which time shall be fixed by the city
council of the City of New Fairview.
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These restrictions with respect to required improvements are
made to ensure the installation of such required improvements and
to give notice to each owner and to each prospective owner of lots
in the subdivision until said required improvements are actually made
or provided for on the entire block on the street and/or streets on
which the property abuts as described herein and in compliance with
the City of New Fairview requirements or TCSS Manual.
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(7)
A certificate of dedication of all streets, public highways, alleys,
parks and other land intended for public use, signed by the owner
or owners and by all other parties whohave mortgage or lien interests
in the property and acknowledged before a notary public. All deed
restrictions that are to be filed with the plat shall be shown or
filed separately. The certificate of dedication shall be substantially
in the following form:
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STATE OF TEXAS
COUNTY OF __________
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I (we) the undersigned owner(s) of the land shown on this plat,
and designated herein as the __________ subdivision to the City of
New Fairview, Texas, and whose name is subscribed hereto, hereby dedicate
to the use of the public forever all streets, alleys, parks, water
courses, drains, easements and public places thereon shown on the
purpose and consideration therein expressed. I (we) further certify
that all other parties who have a mortgage or lien interest in the
__________ subdivision have been notified and signed this plat.
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I (we) further acknowledge that the dedications and/or exactions
made herein are proportional to the impact of the subdivision upon
the public services required in order that the development will comport
with the present and future growth needs of the City; I (we), my (our)
successors and assigns hereby waive any claim, damage, or cause of
action that I (we) may have as a result of the dedication of exactions
made herein.
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Owner
Signature of Party with Mortgage or Lien Interest
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STATE OF TEXAS
COUNTY OF __________
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Before me, the undersigned authority, on this day personally
appeared __________, known to me to be the person whose name is subscribed
to the foregoing instrument, and acknowledged to me that he executed
the same for the purpose and consideration therein stated.
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Given upon my hand and seal of office this _____ day of __________,
20__.
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________________________________________________
Notary Public in and for the State of Texas
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My Commission Expires:
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(8)
A waiver of claim for damages against the city occasioned by the
establishment of grades or the alteration of the surface of any portion
of existing streets and alleys to conform to the grades established
in the subdivision.
(9)
Certification by a registered engineer or a licensed state land surveyor,
duly licensed by the state, to the effect that the plan represents
a survey made by him, and that all the necessary survey monuments
are correctly shown thereon.
(10)
The following certificate shall be placed on the plat after it has
been finally approved by the City Council:
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I hereby certify that the above and foregoing plat of __________
Addition to the City of New Fairview, Texas, was approved by the City
Council of the City of New Fairview on the __________ day of __________,
20__.
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This approval shall be invalid unless the approved plat for
such addition is recorded in the office of the County Clerk of __________,
County, Texas, within one hundred eighty (180) days from said date
of final approval. Said addition shall be subject to all the requirements
of the Subdivision Regulations of the City of New Fairview.
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WITNESS OUR HANDS, this _____ day of __________, 20__.
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__________
City Secretary
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(12)
Final plats shall be accompanied by plan-profile sheets, twenty-four
(24) inches by thirty-six (36) inches and platted to a scale of forty
(40) feet to one (1) inch horizontal and four (4) feet to one inch
vertical, for each proposed street in the subdivision. These plan-profiles
shall show the existing ground and the proposed grade at five (5)
points of cross-section; that is, at the centerline, the back-of-curb
lines, and the property lines. The plan portion shall show the size
and locations of all drainage structures, storm drains, curb inlets,
etc., and the direction of flow of all stormwater. Plans shall show
all public utilities needed to service the subdivision and should
accompany the final plat and be approved by the city planning and
zoning commission and be in compliance with the city standards.
(13)
Typical cross-sections shall be shown of the type and width of paving
proposed for all streets. Curbs and gutters, pavement types and drainage
structure design standards of the city, in effect at the time of submission
of the plat, shall be used, subject to the approval of the city's
engineer and/or city administrator and city council.
(c)
Procedures.
(1)
The Planning and Zoning Commission shall take action on the final
plat as within thirty (30) days of the official filing date unless
the applicant requests and consents in writing to waive any time deadline
for action upon the plat. If the final plat meets all the requirements
of these subdivision regulations, the Planning and Zoning Commission
shall approve the plat. If the plat does not meet the requirements
of these subdivision regulations, the Planning and Zoning Commission
shall disapprove the plat.
(2)
The City Council, following action by the Planning and Zoning Commission,
shall finally decide whether to approve or deny the final plat application.
(d)
Final
Plat in ETJ.
The only plat application authorized within
the City's extraterritorial jurisdiction is a final plat application.
The applicant may propose a subdivision of land that creates a remainder
tract, as defined in section 2-2(c). The applicant must submit the
information required by the City for a remainder tract with the application
for final plat approval. The Planning and Zoning Commission and the
City Council may approve the proposed subdivision, or require that
the remainder tract be included within the final plat. If the City
allows the applicant to create the remainder tract, the provisions
of section 2-2(c) shall apply. No conceptual plan of development may
accompany a final plat application in the City's extraterritorial
jurisdiction where the final plat application does not contain all
contiguous land in common ownership, unless the application also proposes
a remainder tract. Where a conceptual plan of development is presented
with a final plat application and designation of a proposed remainder
tract, such conceptual plan shall be deemed denied with approval of
the final plat application and designation of the remainder tract.
(e)
Criteria
for Decision.
The following criteria shall be used to
determine whether the application for a final plat shall be approved
or denied.
(1)
The final plat conforms to the approved preliminary plat except for
minor changes authorized under section 2-3(g) [2-2(g)] and that may
be approved without the necessity of revising the approved preliminary
plat. Where no preliminary plat is authorized, the final plat shall
satisfy any criteria under section 2-3(d) [2-2(d)] for preliminary
plat approval which are not identified below.
(2)
Where public improvements have been installed, the improvements conform
to the approved construction plans and have been approved for acceptance
by the City engineer.
(3)
Where the City Council has authorized public improvements to be deferred,
the subdivision improvement agreement and surety have been executed
and submitted by the property owner in conformity with section 2-6.
(4)
The final layout of the subdivision meets all standards for adequacy
of public facilities contained in these subdivision regulations and
City ordinances.
(5)
The plat meets any county standards to be applied under an interlocal
agreement between the City and a county under Tex. Loc. Gov't Code
ch. 242, where the proposed development is located in whole or in
part in the extraterritorial jurisdiction of the City within the county.
(6)
The plat conforms to City's adopted comprehensive plan, including
its future land use map (within city limits), the master plans for
current and future streets, alleys, parks, playgrounds, and public
utility facilities, as well as extension of the City's roads, streets,
and public highways within its extraterritorial jurisdiction, taking
into account access to and extension of sewer and water mains and
the instrumentalities of public utilities[.]
(7)
The plat conforms to the City's zoning regulations or regulations
contained in an approved development agreement affecting the land,
and all other applicable City ordinances and regulations.
(f)
Expiration
and Extension.
The approval of a final plat application
shall remain in effect for a period of two years from the date the
application was approved by the City Council, during which period
the applicant shall submit any required revisions for approval and
record the plat. If the final plat has not been recorded within the
two-year period, final plat approval shall expire and the applicable
plat shall be deemed null and void.
(g)
Recordation.
(1)
After approval of the final plat, the responsible official shall
record the final plat with the county clerk of the county in which
the land is located upon the subdivider's performance of one of the
following:
(2)
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 section 2-6 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 City Engineer), 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 plat, revised to reflect
the “as built” plans.
(3)
Submittal of Record Plat Where Improvements Have Not Been Installed.
Where public improvements have yet to be completed in connection
with an approved final plat, the property owner shall have the approved
final plat revised to reflect any changes required by the City Council.
(4)
Signing and Recording.
Upon receipt of a complete record
plat application, the responsible official shall procure the signature
of the mayor on the plat and shall promptly cause the plat to be recorded.
(Ordinance 2011-03-161 adopted 6/21/11; Ordinance 2020-17-212, secs. 2, 3, adopted 9/14/20)
(a)
Construction
Plans.
The City Engineer shall review and approve, approve
with conditions or disapprove construction plans following approval
of a preliminary plat, or where no preliminary plat is authorized,
prior to application for final plat approval and within 30 business
days after the plans have been determined to be complete in accordance
with the procedures in section 2-1. Incomplete plans shall be returned
to the applicant.
(1)
If construction plans are approved, the plans shall be marked “approved”
and one set shall be returned to the applicant, and at least two sets
shall be retained in the City's files.
(2)
Once the construction plans are approved, the property owner shall
provide additional sets of the approved plans to the City, as specified
by the Engineering Director, for use during construction. A full set
of the City-approved and stamped construction plans must be available
for inspection on the job site at all times.
(3)
If the conditions of approval require revision(s) to the construction
plans, one set shall be marked with objections noted (on the plans
themselves and/or in memo format) and returned to the applicant for
correction, whereupon the applicant's engineer shall correct the plans
as requested and resubmit them for decision. A properly revised set
of construction plans shall be submitted to the City Engineer within
10 working days of receipt of the notice of the City's Engineer's
decision.
(4)
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 plat.
(b)
Timing
of Public Improvements.
(1)
Completion Prior to Final Plat Approval.
Except as provided
below, after approval of a plat and before an approved final plat
application 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 plat approval in accordance with
the approved construction plans.
(2)
Deeds in Escrow.
As a condition of preliminary plat
approval, the City Council 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 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.
(3)
Installation after Final Plat Approval.
The City Council
on request of the applicant may defer the obligation to install one
or more public improvements to serve the subdivision until after final
plat approval. The request shall be submitted with an application
for preliminary approval. If the subdivider elects not to file for
preliminary approval, public improvements shall be installed after
approval of the final 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.
(4)
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
and conveyed solely to the City by a deed approved by the City Attorney.
(c)
Subdivision
Improvement Agreement.
(1)
Obligations under Agreement.
Whenever public improvements
to serve the development are deferred until after final 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 plat is approved. The agreement shall be
subject to review and approval by the City Attorney, and shall be
approved by the City Council with approval of the final plat. The
agreement shall contain the following provisions:
a.
Covenants to complete the improvements;
b.
Covenants to warranty the improvements for a period of two years
following acceptance by the City;
c.
Covenants to provide a maintenance bond in the amount of 100% of
the costs of the improvements for such period;
d.
Provisions for participation in the costs of the improvements by
the City, if authorization has been obtained from the City Council
and a performance bond for such improvements from the contractor,
with the City as a co-obligee;
e.
Provisions for securing the obligations of the agreement; and
f.
Such other terms and conditions as are agreed to by the property
owner and City.
(2)
Covenants to Run with the Land.
The subdivision improvement
agreement shall provide that the covenants contained in the agreement
run with the land and bind all successors, heirs and assignees of
the property owner. All existing lienholders shall be required to
execute the agreement or provide written consent to the covenants
contained in the agreement. The City shall deliver a release to bona
fide third party purchasers of individual lots when all required public
improvements have been accepted by the City.
(d)
Security
for Completion of Improvements.
(1)
Security.
Whenever the obligation to install public
improvements to serve a subdivision or development is deferred until
after approval of the final plat, the property owner shall provide
sufficient security to ensure completion of the required public improvements.
The security shall be in the form of one of the following:
a.
A cash escrow with the City;
b.
An irrevocable letter of credit drawn upon a state or national bank
that has a regular business office in the state of Texas that (A)
is of a term sufficient to cover the completion, maintenance and warranty
periods, but not less than two years and (B) authorizes the City to
draw upon the letter of credit by presenting to the issuer only a
sight draft and a certificate signed by an authorized representative
of the City attesting to the City's right to draw funds under the
letter of credit;
c.
A construction funding agreement under which funds for the construction
of the required improvements are escrowed in Texas with an office
of a state or national bank, under which (A) the City has the irrevocable
right to withdraw funds, and (B) the subdivider may be permitted to
draw funds to make payments towards the construction of the improvements
as progress is verified; or
d.
A first and prior lien on the property.
(2)
Amount and Acceptability.
The security shall be issued
in the amount of 125% of the cost estimate approved by the City Engineer
for all public improvements associated with the subdivision. The security
shall be subject to the approval of the City Attorney.
(3)
Security for Construction in Extraterritorial Jurisdiction.
Where the land to be platted lies within the extraterritorial jurisdiction of the City, the security shall be in a form and contain such terms as are consistent with the interlocal agreement between the City and the county in which the land is located. In cases where the requirements governing the form and terms of the security are defined in such an agreement, they will supersede any conflicting provisions of subsections (1) and (2).
(4)
Partial Release.
If, in the opinion of the responsible
official and the City Engineer, the public improvements have commenced
in good faith, a release for construction on up to five percent of
the residential lots may be issued. A lot must have permanent street
access installed to it prior to this release.
(5)
Remedies.
In addition to all other remedies authorized
in this article, 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:
a.
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;
b.
Obtain funds under the security and complete the improvements itself
or through a third party; or
c.
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.
(e)
Inspection
and Acceptance of Public Improvements.
(1)
Inspections.
Construction inspection shall be supervised
by the City Engineer. Construction shall be in accordance with the
approved construction plans. Any significant change in design required
during construction shall be made by the subdivider's engineer, and
shall be subject to approval by the City Engineer. If the City Engineer
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.
(2)
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 City Engineer, 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.
Required formats include:
(3)
Acceptance of Improvements.
When the City Engineer has
determined that the public improvements have been installed in accordance
with the approved construction plans, the City Engineer 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 City
Engineer 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.
(4)
Disclaimer.
Approval of a preliminary or final plat
by the City Council 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.
(5)
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 City Engineer 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.
(f)
Maintenance
and Warranty of Improvements.
(1)
Maintenance During Construction.
The property owner
shall maintain all required public improvements during construction
of the development.
(2)
Bond.
The owner shall covenant to warranty the required
public improvements for a period of one year following acceptance
by the City of all required public improvements and shall provide
a maintenance bond in the amount of 100% of the costs of the improvements
for such period. All improvements located within an easement or right-of-way
shall be bonded.
(Ordinance 2011-03-161 adopted 6/21/11)
(a)
Applicability.
An application for approval of a Minor Plat may be filed only
when all of the following circumstances apply:
(1)
The proposed division results in four or fewer lots;
(2)
All lots in the proposed subdivision front onto an existing public
street and the construction or extension of a street or alley is not
required to meet the requirements of these subdivision regulations;
and
(3)
The plat does not require the extension of any municipal facilities
to serve any lot within the subdivision.
(b)
Decision.
The responsible official shall decide whether to approve, approve
with conditions, or deny the Minor Plat application.
(c)
Criteria
for Decision.
The responsible official, or the Planning
and Zoning Commission on appeal, shall decide whether to approve,
conditionally approve or deny the Minor Plat application based upon
the following criteria:
(1)
The minor plat application is consistent with all zoning requirements
for the property, all other requirements of these subdivision regulations
that apply to the plat, and standards of any approved development
agreement;
(2)
All lots to be created by the plat already are adequately served
by all required utilities and services, and
(3)
The plat does not require the extension of any municipal facilities
to serve any lot within the subdivision.
(d)
Expiration.
The approval of a Minor Plat application shall remain in effect
for a period of one year from the date that the application was approved
or conditionally approved by the responsible official or the Planning
and Zoning Commission on appeal, during which period the applicant
shall submit any required revisions for approval and record the plat.
If the Minor Plat has not been recorded within the one-year period,
the Minor Plat approval shall expire and the plat shall be deemed
null and void.
(e)
Recording.
The property owner shall submit the approved Minor Plat, following
any required revisions, to the responsible official, who shall cause
the Minor Plat to be recorded in the property records of the county
in which the land is located.
(Ordinance 2011-03-161 adopted 6/21/11)
The applicant may file a petition for waivers to the standards
applicable to a preliminary plat, or where no preliminary plat application
is authorized, to the standards applicable to a final plat. The waiver
petition shall be decided by the Council in conjunction with the application
for approval of the plat. The applicant bears the burden of proof
to demonstrate that a waiver to the standards applicable to a development
application should be granted. In deciding the waiver petition, the
decision-maker shall apply the following criteria:
(1)
There
are special circumstances or conditions arising from the physical
surroundings, shape, topography or other feature affecting the land
subject to the waiver petition, such that the strict application of
the provisions of these subdivision regulations to the plat application
would create an unnecessary hardship or inequity upon or for the petitioner,
as distinguished from a mere inconvenience, in developing the land
or deprive the petitioner of the reasonable and beneficial use of
the land;
(2)
The
circumstances causing the hardship do not similarly affect all or
most properties in the vicinity of the petitioner's land;
(3)
The
waiver is necessary for the preservation and enjoyment of a substantial
property right of the petitioner;
(4)
Granting
the waiver petition will not be detrimental to the public health,
safety or welfare, or injurious to other property within the area;
(5)
Granting
the waiver petition will not have the effect of preventing the orderly
use and enjoyment of other land within the area in accordance with
the provisions of these regulations, or adversely affect the rights
of owners or residents of surrounding property;
(6)
The
hardship or inequity suffered by petitioner is not caused wholly or
in substantial part by the petitioner;
(7)
The
degree of waiver requested is the minimum amount necessary to meet
the needs of petitioner and to satisfy the standards in this section;
and
(8)
Any
special standards applicable to the waiver request have been satisfied.
(Ordinance 2011-03-161 adopted 6/21/11)
(a)
Definitions.
For purposes of this section:
(1)
Public infrastructure improvement means a water, wastewater, roadway,
drainage or park facility that is a part of one or more of the City's
public facilities systems.
(2)
Public facilities system means the collection of water, wastewater,
roadway, drainage or park facilities owned or operated by or in behalf
of the City for the purpose of providing services to the public, including
existing and new developments.
(b)
Purpose,
Applicability & Effect.
(1)
Purpose.
The purpose of a proportionality appeal is
to assure that a requirement to dedicate, construct or pay a fee for
a public infrastructure improvement imposed on a proposed plat as
a condition of approval does not result in a disproportionate cost
burden on the property owner, taking into consideration the nature
and extent of the demands created by the proposed development on the
City's public facilities systems.
(2)
Applicability.
An appeal under this section may be filed
by a property owner to contest any requirement to dedicate land, to
construct improvements or to pay development fees, other than impact
fees, for a public infrastructure improvement, which requirement is
imposed under the City's Subdivision Regulations, whether the requirement
is applicable under uniform standards, or is imposed pursuant to an
individual evaluation of the proposed subdivision.
(c)
Proportionality
Determination by City Engineer.
Prior to a decision by
the Planning and Zoning Commission on a preliminary plat application,
or if no preliminary plat application is authorized, on a final plat
application, the City Engineer shall prepare a report affirming that
each public infrastructure improvement to be imposed as a condition
of plat approval is roughly proportionate to the demand created by
the development on the City's public facilities systems, taking into
consideration the nature and extent of the development proposed.
(1)
In making his proportionality determination, the City Engineer may
rely upon categorical findings pertaining to on-site improvements;
the proposed or potential use of the land; the timing and sequence
of development in relation to availability of adequate levels of public
facilities; impact fee studies or other studies that measure the demand
for services created by the development and the impact on the City's
public facilities systems; the function of the public infrastructure
improvements in serving the proposed development; the degree to which
public infrastructure improvements to serve the subdivision are supplied
by other developments; the anticipated participation by the City in
the costs of such improvements; any reimbursements for the costs of
public infrastructure improvements for which the proposed development
is eligible; or any other information relating to the mitigating effects
of the public infrastructure improvements on the impacts created by
the development on the City's public facilities systems.
(2)
Based upon his proportionality determination, the City Engineer shall
affirm that the public infrastructure improvement requirements of
the Subdivision Regulations do not impose costs on the developer for
such improvements that exceed those roughly proportionate to those
incurred by the City in providing public facilities to serve the development.
(3)
The City Engineer may promulgate any application requirements that
may assist in making the proportionality determination required by
this subsection.
(d)
Commission
Determination.
The Commission shall take into account
the City's Engineer's report concerning the proportionality of public
infrastructure improvement requirements to be applied to a proposed
preliminary or final plat application, as the case may be, in making
its decision on the plat application, and shall identify any variation
to the requirements that are to be included as conditions to plat
approval.
(e)
Appeals.
(1)
Who May Appeal.
An appeal to the City Council under
this section may be filed by a property owner or the applicant for
a preliminary or final plat, in which a requirement to dedicate land
for, construct or pay a fee, other than an impact fee, for a public
infrastructure improvement has been applied or attached as a condition
of approval, or as grounds for denying the plat application.
(2)
Time for Filing and Request for Extension of Time.
The appeal shall be filed in writing within ten (10) days of the date the Planning and Zoning Commission takes action applying the public infrastructure improvement requirement to the plat application. The appeal shall be filed with the City Clerk and shall be forwarded to the City Council for consideration in conjunction with its deliberations on the plat application. The applicant may request postponement of consideration of the plat application by the City Council pending preparation of the study required by subsection (4), in which case the applicant shall also waive the statutory period for deciding plats for the time needed to decide the appeal by the City Council.
(3)
Form of Appeal.
An appeal under this section shall allege
that application of the standard or the imposition of conditions relating
to the dedication, construction or fee requirement is not roughly
proportional to the nature and extent of the impacts created by the
proposed development on the City's public facilities systems, or does
not reasonably benefit the proposed development.
(4)
Study Required.
The appellant shall provide a study
in support of the appeal that includes the following information within
30 days of the date of appeal, unless a longer time is requested:
a.
Total capacity of the City's water, wastewater, roadway, drainage
or park system to be utilized by the proposed development, employing
standard measures of capacity and equivalency tables relating the
type of development proposed to the quantity of system capacity to
be consumed by the development. If the proposed development is to
be developed in phases, such information also shall be provided for
the entire development proposed, including any phases already developed.
b.
Total capacity to be supplied to the City's water, wastewater, roadway,
drainage or park facilities system by the dedication of an interest
in land, construction of improvements or fee contribution. If the
plat application is proposed as a phased development, the information
shall include any capacity supplied by prior dedication, construction
or fee payments.
c.
Comparison of the capacity of the City's public facilities system(s)
to be consumed by the proposed development with the capacity to be
supplied to such system(s) by the proposed dedication of an interest
in land, construction of improvements, or fee payment. In making this
comparison, the impacts on the City's public facilities system(s)
from the entire development shall be considered.
d.
The amount of any City participation in the costs of oversizing the
public infrastructure improvement to be constructed in accordance
with the City's requirements.
e.
Any other information that shows the alleged disproportionality between
the impacts created by the proposed development and the dedication,
construction or fee requirement imposed by the City.
(f)
Land
in Extraterritorial Jurisdiction.
Where the subdivision
or the public infrastructure improvements are located in the extraterritorial
jurisdiction of the City and are to be dedicated to a county under
an interlocal agreement under Tex. Loc. Gov't Code ch. 242, an appeal
or study in support of the appeal shall not be accepted as complete
for filing by the planning and zoning administrator unless the appeal
or study is accompanied by verification that a copy has been delivered
to the county in which the facilities are to be located.
(g)
Processing
Application.
The City Engineer shall evaluate the appeal and supporting study and shall make a recommendation to the City Council based upon the information contained in the study, any comments received from the county, and the City Engineer's analysis based upon the same factors considered in making his original proportionality determination. Where the appeal is for relief from dedication of rights-of-way for or construction of a facility in the City's extraterritorial jurisdiction that is to be dedicated to a county under an interlocal agreement under Texas Local Government Code, Chapter 242, the City Engineer shall coordinate a recommendation with the county responsible for reviewing plats in the county.
(h)
Decision.
The City Council shall decide the appeal in conjunction with
its decision on the plat application. The Council shall base its decision
on the criteria listed in subsection (h)[i], and may take one of the
following actions.
(1)
Deny the appeal, and impose the standard or condition on the plat
application in accordance with the City Engineer's recommendation
or the Planning and Zoning Commission's decision on the plat; or
(2)
Deny the appeal, upon finding that the proposed dedication, construction
or fee requirements are inadequate to offset the impacts of the subdivision
on the public facilities system for water, wastewater, roadway, drainage
or park improvements, and either deny the plat application or require
that additional public infrastructure improvements be made as a condition
of approval of the application; or
(3)
Grant the appeal, and waive in whole or in part any dedication, construction
or fee requirement for public infrastructure improvements to the extent
necessary to achieve proportionality; or
(4)
Grant the appeal, and direct that the City participate in the costs
of acquiring land for or constructing the public infrastructure improvement
under standard participation policies.
(i)
Criteria
for Approval.
In deciding an appeal under this section, the City Council shall determine whether the application of the standard or condition requiring dedication of an interest in land for, construction of, or payment of a fee for public infrastructure improvements is roughly proportional to the nature and extent of the impacts created by the proposed subdivision on the City's public facilities systems for water, wastewater, roadway, drainage or park facilities, and reasonably benefits the development. In making such determination, the Council shall consider the evidence submitted by the appellant, the City Engineer's report and recommendation, considering in particular the factors identified in subsection (c), and, where the property is located within the City's extraterritorial jurisdiction, any recommendations from the county.
(j)
Action
Following Decision.
If the relief requested under the
proportionality appeal is granted in whole or in part by the City
Council, the dedication, construction or fee requirement initially
imposed by the Planning and Zoning Commission as a condition of plat
approval shall be modified accordingly, and the standards applied
or the conditions attached to Commission's approval of the plat application
shall be conformed to the relief granted. Thereafter, the appellant
shall resubmit the plat application to the City Council within ninety
(90) days of the date relief under the appeal is granted, in whole
or in part, showing conformity with the City Council's decision on
the appeal.
(k)
Expiration
of Relief.
If an applicant for plat approval prevails
on a proportionality appeal, but fails to conform the plat to the
relief granted by the City Council with the ninety-day period provided,
the relief granted by the City Council on the appeal shall expire.[1]
(1)
The Council may extend the time for filing the revised plat application
for good cause shown, but in any event, the expiration date for the
relief granted shall not be extended beyond one year from the date
relief was granted on the appeal.
(2)
If the plat application is modified to increase the number of residential
units or the intensity of non-residential uses, the responsible official
may require a new study to validate the relief granted by the City
Council.
(3)
If the plat application for which relief was granted is denied on
other grounds, a new petition for relief shall be required on any
subsequent application.
(Ordinance 2011-03-161 adopted 6/21/11)
(a)
Vested
Rights Petition.
(1)
Purpose.
The purpose of a vested rights petition is
to determine whether one or more standards of these subdivision regulations
should not be applied to a plat application because state law requires
that former standards be applied to the application.
(2)
Applicability.
A vested rights petition may be filed
with an application for a preliminary or final plat, or with an application
for a development plat.
(3)
Effect.
Upon granting of a vested rights petition in
whole or in part, the plat application shall be decided in accordance
with the standards specified in the relief order based on prior subdivision
requirements or development standards.
(b)
Petition
Requirements.
(1)
Who May Petition.
A vested rights petition may be filed
by a property owner or the owner's authorized agents, including the
applicant, with a plat application.
(2)
Form of Petition.
The vested rights petition shall allege that the petitioner has a vested right for some or all of the land subject to the plat application under Texas Local Government Code, Chapter 245 or successor statute, or pursuant to Texas Local Government Code, Section 43.002 or successor statute, that requires the City to review and decide the application under standards in effect prior to the effective date of the currently applicable standards. The petition shall include the following information and documents:
a.
A narrative description of the grounds for the petition;
b.
A copy of each approved or pending development application which
is the basis for the contention that the City may not apply current
standards to the plat application which is the subject of the petition;
c.
The date of submittal of the plat application, or of a development
plan pursuant to which the plat was subsequently filed, if different
from the plat filing date.
d.
The date the project for which the application for the plat was submitted
was commenced.
e.
Identification of all standards otherwise applicable to the plat
application from which relief is sought;
f.
Identification of the standards which the petitioner contends apply
to the plat application;
g.
Identification of any current standards which petitioner agrees can
be applied to the plat application at issue;
h.
A copy of any prior vested rights determination by the City involving
the same land; and
(3)
Time for Filing Petition.
A vested rights petition shall
be filed with a plat application for which a vested right is claimed.
(c)
Processing
of Petition and Decision.
(1)
Responsible Official.
The City Administrator shall process
the vested rights petition. A copy of the petition shall be forwarded
to the City Attorney following acceptance.
(2)
Decision by Commission on Petition.
The Commission shall
render a decision on the vested rights petition in conjunction with
its decision on the plat application, based upon the report and recommendation
of the Manager.
(3)
Appeal of Decision on Petition.
The petitioner or any
interested person, including the City Administrator, may appeal the
Commission's decision on the vested rights petition within ten (10)
working days of the date of such decision to the City Council. An
appeal under this subsection stays acceptance of filing of any related
development applications.
(4)
Decision by City Council.
The City Council on appeal
shall decide the vested rights petition. The request must be accompanied
by a waiver of the time for decision on the plat application imposed
under these subdivision regulations pending decision by the Council,
which shall stay further proceedings on the application. The Council
shall decide the petition, after considering the Manager's report
and the decision by the Planning and Zoning Commission within thirty
(30) calendar days of receipt of the notice of appeal.
(d)
Action
on Petition and Order.
(1)
Action on the Petition.
The decision-maker on the vested
rights petition may take any of the following actions:
a.
Deny the relief requested in the petition, and direct that the plat
application shall be reviewed and decided under currently applicable
standards;
b.
Grant the relief requested in the petition, and direct that the plat
application shall be reviewed and decided in accordance with the standards
contained in identified prior subdivision regulations; or
c.
Grant the relief requested in part, and direct that certain identified
current standards shall be applied to the plat application, while
standards contained in identified prior subdivision regulations also
shall be applied.
(2)
Order on Petition.
The Manager's report and each decision
on the vested rights petition shall be memorialized in an order identifying
the following:
a.
The nature of the relief granted, if any;
b.
The approved or filed plat application(s) or other development application(s)
upon which relief is premised under the petition;
c.
Current standards which shall apply to the plat application for which
relief is sought;
d.
Prior standards which shall apply to the plat application for which
relief is sought, including any procedural standards;
e.
The statutory exception or other grounds upon which relief is denied
in whole or in part on the petition
(e)
Criteria
for Approval.
The decision-maker shall decide the vested
rights petition based upon the following factors:
(1)
The nature and extent of prior plat or other development applications
filed or approved for the land subject to the petition;
(2)
Whether any prior vested rights determinations have been made with
respect to the property subject to the petition;
(3)
Whether any prior approved applications for the property have expired
or have been terminated in accordance with law;
(4)
Whether any statutory exception applies to the standards in the current
subdivision regulations from which the applicant seeks relief;
(5)
Whether any prior approved plat or other development applications
relied upon by the petitioner have expired;
(f)
Application
Following Relief Order.
Following the City's final decision
on the vested rights petition, the property owner shall conform the
plat application for which relief is sought to such decision. If the
plat application on file is consistent with the relief granted on
the vested rights petition, no revisions are necessary. Where proceedings
have been stayed on the plat application pending referral of the vested
rights petition to the City Council, proceedings on the application
shall resume after the Council's decision on the vested rights petition.
(g)
Expiration.
Relief granted on a vested rights petition shall expire on occurrence
of one of the following events:
(1)
The petitioner or property owner fails to submit a required revised
plat application consistent with the relief granted within thirty
(30) days of the final decision on the petition;
(2)
The plat application for which relief was granted on the vested rights
petition is denied under the criteria made applicable through the
relief granted on the petition; or
(3)
The plat application for which relief was granted on the vested rights
petition expires.
(Ordinance 2011-03-161 adopted 6/21/11)
(a)
Purpose.
The purpose of the Development Plat is to assure the adequacy
of public facilities needed to serve the intended development and
the overall compliance of such development with applicable requirements
of these subdivision regulations where the land to be developed is
not intended for division.
(b)
Application
Requirements.
A development plat application shall include
all information required for a final plat, and additionally, shall
show the location of each existing or proposed building, structure
or improvement or proposed modification of the external configuration
of the building, structure or improvement involving a change therein.
(c)
Procedures.
The development plat application shall be processed and decided
in the same manner as a final plat application.
(d)
Criteria
for Decision.
The following criteria shall be used to
determine whether the application for a development plat shall be
approved, or denied:
(1)
The development plat is consistent with all zoning requirements for
the property, and any approved development agreement[;]
(2)
The proposed provision and configuration of roads, water, wastewater,
drainage and park facilities to serve the development site conform
to the master facilities plans for such facilities, including without
limitation the water facilities, wastewater facilities, transportation,
drainage and other master facilities plans;
(3)
The proposed provision and configuration of roads, water, wastewater,
drainage and park facilities are adequate to serve the development;
(4)
Easements or rights-of-way for all public water, wastewater, roadway
and drainage facilities have been designated;
(5)
Fire lanes access easements or street rights-of-way have been provided
for access to all fire hydrants and fire department connections; and
(6)
The plat meets any county standards to be applied under an interlocal
agreement between the City and a county under Tex. Loc. Gov't Code
ch. 242, where the proposed development is located in whole or in
part in the extraterritorial jurisdiction of the City and in the county.
(Ordinance 2011-03-161 adopted 6/21/11)
