The applicant should confer with the planning staff prior to
the preparation of a preliminary plat and discuss the procedure for
obtaining approval of a subdivision plat and the requirements as to
the general layout and arrangement of lots, blocks and streets, and
minimum design and construction requirements for streets, storm drainage,
sewerage and water improvements. The planning staff shall also advise
the applicant, where appropriate, to discuss the proposed subdivision
with those officials who must eventually approve those aspects of
the subdivision plat coming within their jurisdiction. At the request
of the secretary of the planning commission, the subdivider shall
submit a master or tentative plan for all the contiguous property
owned or intended for development by the subdivider as required by
the secretary of the planning commission. The plan shall show a proposed
future street system and lot pattern sufficient for the secretary
of the planning commission to review the proposed development for
general compliance with respect to surrounding land use, street connections,
utilities, drainage facilities and park and open space needs.
(Ordinance 83-95, sec. 2, adopted 9/13/83; Ordinance 91-83, sec. 1, adopted 10/8/91; 1978
Code, sec. 24-7)
(a)
After the pre-application conference, the applicant shall file an
application for approval of a preliminary plat on forms available
at the office of the secretary to the planning commission. The application
shall be accompanied by a filing fee, digital copy (.pdf), shapefile
(.shp), and five (5) copies of the preliminary plat providing the
following information:
(1)
The title, or name, under which the proposed subdivision is to be
recorded, with the name and signature of the owner shown thereon.
The title shall not duplicate or be similar to the name of an existing
subdivision or property. Written evidence of ownership, acceptable
to the city attorney, shall be required in order to identify ownership
and various easements, conditions, restrictions, and covenants pertaining
to the use of the land being subdivided.
(2)
The meridian or north point.
(3)
The scale of the map shall be shown and drawn on a scale of one hundred
(100) feet to the inch or larger.
(4)
A key map embracing the area surrounding the proposed subdivision.
On this key map the tract to be subdivided shall be indicated in a
distinctive manner.
(5)
The location of existing streets, blocks, lots, alleys, easements,
building lines, parks, watercourses, ravines, bridges, culverts, present
structures, the outline of wooded areas, and other natural features
in the area affected, with principal dimensions, and all significant
information in regard to property immediately adjacent on all sides.
(6)
The names or designations of existing streets or roads. The names
or designations of all adjoining subdivisions and properties.
(7)
Proposed plan of subdivision, showing streets, blocks, lots, alleys,
easements, building lines, parks and other such areas with principal
dimensions. The plan shall show how the streets and easements in the
subdivision will connect with those in the surrounding subdivisions.
(8)
The names of proposed streets. They shall conform with the names
of any existing streets of which they may be or become extensions.
They must not duplicate or be similar to the recognized name of any
other street located elsewhere in the community.
(9)
The location of existing and proposed sewers, water and gas mains
and other public utilities easements and improvements.
(10)
The location of existing and proposed storm drainage easements and
improvements. (A copy of all design computations shall be submitted
along with the plans.)
(11)
Topography is not usually required to be shown; however, if the surface
is markedly uneven, the planning commission may require a contour
map showing contour intervals of not more than two (2) feet. Profiles
of proposed streets and alleys may be required.
(12)
The boundaries and flood elevations of all areas located in flood
hazard areas as determined by the flood insurance rate maps (FIRMs)
provided by the Federal Emergency Management Agency (FEMA) under the
auspices of the National Flood Insurance Program (NFIP).
(13)
The location of all existing pipeline easements and information concerning
the size of the pipe, type of product being transported and the pressure
in the pipeline.
(14)
The name of the registered surveyor responsible for preparing the
plat.
(15)
A list of the proposed restrictive covenants, conditions, and limitations
to govern the nature and use of the property being subdivided.
(b)
The planning commission shall be required to approve, approve with
conditions, or disapprove an application completed in accordance with
the requirements of this chapter within thirty (30) days from the
filing date. If the plat is disapproved, the planning commission shall
inform the subdivider in writing of the reasons of such action. If
said plat be not disapproved within thirty (30) days from the filing
date, it shall be deemed to have been approved by the planning commission.
Review time may be extended for an additional thirty (30) days if
the applicant submits the request in writing and this request is approved
by the planning commission. Approval of the plat shall be accompanied
by a certificate of approval, signed by the chairman and secretary
of the planning commission. Approval of the preliminary plat by the
planning commission shall also constitute the conditional approval
of the final plat subject to approval by the city engineer of all
proposed improvement plans and a ministerial determination by the
secretary of the planning commission that the final plat is consistent
with the approved preliminary plat and complies with all the requirements
of this chapter.
(1)
The planning commission shall provide the applicant a written statement
of; the conditions for the conditional approval or reasons for disapproval
that clearly articulate the reason for the conditional approval or
disapproval.
(2)
The applicant may submit a written response that satisfies each condition
for the conditional approval or remedies each reason for disapproval
at any time following the conditional approval or disapproval. The
planning commission shall determine whether to approve or disapprove
the applicant’s amended plat no later than the fifteenth (15th)
day after the applicant’s response is submitted. If the review
by the planning commission is not made within this time, the plat
shall be deemed to have been approved by the planning commission.
(c)
Approval or conditional approval of a preliminary plat by the planning
commission shall be valid for a period of twenty-four (24) months
from the date of approval. Failure to prepare a final plat and have
it recorded in accordance with the provisions of this chapter within
twenty-four (24) months from the date of preliminary plat approval
shall result in the expiration of the previous approval.
(1)
Before the beginning of any construction on the proposed streets or plans of such improvements in the form of plats, sketches or other satisfactory written description, certified by a registered professional engineer, shall be filed with the city engineer. The subdivider shall submit with the construction drawings a development and review fee as specified in section 26.05.003 of this chapter. These shall show such features as street cross-sections and longitudinal slope for drainage, full description of proposed pavement or street improvements, dimensions and specifications for curbing, complete design and specification data concerning public utilities to be installed showing proposed position on the ground, specifications of materials and construction, plan-profile maps of all water and sewerage lines and storm water sewers or drainage ways showing both ground-surface and flow-line, and any other pertinent information of similar nature. If any part of the proposed construction is considered unsatisfactory by the city engineer and below the standards required, construction operations shall not be started on the affected portion until alterations are made such that the completed work shall conform to the official standard requirements of the city.
(2)
Upon the completion of construction of any such utility or improvement,
complete “as built” plans in detail, dated, signed and
certified by the engineer in charge, shall be filed with the city
engineer showing all features as actually installed, including materials,
size, location, depth of elevation, numbers, ends of lines, connections,
wyes, valves, storm sewer drains, inlets and other such features.
Connections with city utilities will not be allowed unless and until
the subdivider complies with this requirement.
(Ordinance 83-95, sec. 2, adopted 9/13/83; Ordinance 83-145, sec. 1, adopted 10/25/83; Ordinance 86-46, sec. 1, adopted 5/6/86; Ordinance 91-83, sec. 1, adopted 10/8/91; 1978 Code, sec. 24-8; Ordinance 19-052, sec. 2, adopted 8/27/19)
(a)
After obtaining approval or conditional approval of the preliminary
plat and all construction plans by the city engineer, the applicant,
if wishing to proceed with the subdivision, shall file an application
for approval of the final plat on forms available at the office of
the secretary to the planning commission. The application shall be
accompanied by a filing fee with an original reproducible print, original
tax certificate(s), electronic file (.dwg), shapefile (.shp), digital
copy (.pdf), five (5) prints of the final plat. Patching and the pasting
of paper attachments is not acceptable. All figures and lettering
shall be neat and easily legible. The director of planning may, for
any reason, elect to present the plat to the planning commission to
approve the plat. The planning director shall not disapprove a minor
plat, but shall refer any plat which he refuses to approve to the
planning commission to be heard within thirty (30) days of submission
of the plat in his office.
(b)
The director of planning shall approve, approve with conditions or
disapprove a final plat within thirty (30) days after the date the
plat is filed for consideration.
(1)
The planning commission shall provide the applicant a written statement
of the conditions for the conditional approval or reasons for disapproval
that clearly articulate the reason for the conditional approval or
disapproval.
(2)
The applicant may submit a written response that satisfies each condition
for the conditional approval or remedies each reason for disapproval
at any time following the conditional approval or disapproval. The
planning commission shall determine whether to approve or disapprove
the applicant’s amended plat no later than the fifteenth (15th)
day after the applicant’s response is submitted. If the review
by the planning commission is not made within this time, the plat
shall be deemed to have been approved by the planning commission.
(c)
For final approval, the final plat must comply in all respects with
the approved preliminary plat and provide the following information:
(1)
The title, or name, by which the subdivision is to be identified,
accompanied by at least a brief general description of the tract embraced;
the meridian or north point, and the scale of the map; the name of
the surveyor, engineer or other person responsible for the surveys
and the plat.
(2)
A definite legal description and identification of the tract being
subdivided, sufficient for the requirements of title examination.
This may be embodied in the title or shown elsewhere on the plat.
(3)
The boundaries of the subdivided property referenced to the Texas
State Plane Coordinate System shall be indicated on the map in a distinctive
manner with complete and accurate field notes of such boundaries;
and, the location and designation of all streets, alleys and other
areas intended to be dedicated to the public use, with proper dimensions.
(4)
The location of all adjacent streets and alleys, with their names,
and the names of adjoining subdivisions.
(5)
All block, lot and street boundary lines. Blocks and lots shall be
numbered or lettered. House numbers shall be allocated to lots. Building
lines and easements shall be shown and shall be defined by dimensions.
The actual width of all streets shall be shown, measured at right
angles or radially, where curved.
(6)
All necessary dimensions, including linear, curvilinear and angular,
shall be shown, and must be accurate. The linear and curvilinear dimensions
shall be expressed in feet and decimals of a foot. The angular dimensions
may be shown by bearings. Curved boundaries must be fully described
and all essential information given, including the length of tangents,
central angle of curve, and the chords and arcs of curve. Block corners,
angle points, points of curve and paints of intersection of tangents
shall be shown as permanently marked on the ground. Completed dimensional
data shall be given on fractional lots or tracts.
(7)
Benchmark elevations will be established on at least one block corner
of each street intersection and in no case more than one thousand
(1,000) feet from any other benchmark. These elevations shall be clearly
shown on the plat.
(8)
The description and location of permanent survey reference monuments
shall be shown. These shall be other than, and in addition to, markers
set for block or lot corners. They shall be located in suitable places
throughout the subdivision and there shall be at least as many of
them as there are blocks in the subdivision, but not less than two
(2) in the event there is, only one block in the subdivision. The
distance between successive monuments along any street or reference
line shall not be greater than one thousand (1,000) feet.
(9)
A certificate of ownership in fee of all the land embraced in the
subdivision or authenticity of the plat and dedication, including
all properties intended for public use, signed and acknowledged by
all owners of any interest in such land and properties. Acknowledgement
shall be in the form required in the conveyance of real estate. Approval
and acceptance by all lienholders shall be included. If all block
corners have not been staked at the time such final plat is submitted
for final approval, the owner’s certificate shall include a
declaration and agreement that all such corners have been staked or
have been contracted to be staked.
(10)
A certificate by the responsible registered professional land surveyor
in charge, duly authenticated, that the plat is drawn to scale, is
true and correct and in accordance with the determinations of surveys
actually made on the ground. lf all block corners in the subdivision
have been staked at the time of final approval, the surveyor’s
certificate shall so declare. The surveyor’s certificate shall
also state whether or not the tract is within five (5) miles of the
city limits, measured in a straight line between nearest points, unless
this information is shown in suitable manner elsewhere on the face
of the plat.
(11)
All legal restrictions and requirements placed on the approval of
the preliminary plat shall be indicated on the final plat.
(12)
Certificates of approval to be signed by the chairman and secretary
of the planning commission.
(13)
The flood zones, boundaries and elevations of all areas located in
flood hazard areas as determined by the flood insurance rate maps
(FIRM) provided by the Federal Emergency Management Agency (FEMA)
shall be shown on the final plat.
(d)
It shall be the responsibility of the secretary to the planning commission
to promptly file the final plat with the county clerk. The applicant
shall be responsible for paying all recording fees and costs.
(e)
A minor plat may be approved by the director of planning. The approved
plat shall be signed by the secretary and chairman of the planning
commission. A minor plat is a final plat that consists of four (4)
or fewer lots fronting on an existing street and not requiring the
creation of any new streets or the extension of municipal facilities.
A minor plat shall comply with all the regulations of the subdivision
and the zoning ordinances. The director of planning may, for any reason,
elect to present the plat to the planning commission to approve the
plat. The planning director shall not disapprove a minor plat, but
shall refer any plat which he refuses to approve to the planning commission
to be heard within thirty (30) days of submission of the plat in his
office.
(f)
The planning and zoning commission shall approve, approve with conditions
or disapprove a minor plat that is referred from the director of planning
within thirty (30) days after the date the plat is filed for consideration.
(1)
The planning commission shall provide the applicant a written statement
of the conditions for the conditional approval or reasons for disapproval
that clearly articulate the reason for the conditional approval or
disapproval.
(2)
The applicant may submit a written response that satisfies each condition
for the conditional approval or remedies each reason for disapproval
at any time following the conditional approval or disapproval. The
planning commission shall determine whether to approve or disapprove
the applicant’s amended plat no later than the fifteenth (15th)
day after the applicant’s response is submitted. If the review
by the planning commission is not made within this time, the plat
shall be deemed to have been approved by the planning commission.
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If the planning and zoning commission fails to act on the plat
within the prescribed period, the plat shall be deemed approved. Review
time may be extended for an additional thirty (30) days if the applicant
submits the request in writing and this request is approved by the
planning commission. Approval of the plat shall be accompanied by
a certificate of approval, signed by the chairman and secretary of
the planning commission.
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(Ordinance 83-95, sec. 2, adopted 9/13/83; Ordinance 83-145, sec. 1, adopted 10/25/83; Ordinance 91-83, sec. 1, adopted 10/8/91; Ordinance 92-55, sec. 1, adopted 7/28/92; 1978 Code, sec. 24-9; Ordinance 19-052, sec. 3, adopted 8/27/19)
(a)
Any such plan, plat or replat may be vacated by the proprietors of
the land covered thereby at any time before the sale of any lot therein
by a written instrument declaring the same to be vacated, duly executed,
acknowledged and recorded in the same office as the plat to be vacated,
provided the approval of the planning commission shall have been obtained
as above provided, and the execution and recordation of the instrument
shall operate to destroy the force and effect of the recording of
the plan, plat or replat so vacated. In cases where lots have been
sold, the plan, plat or replat, or any part thereof, may be vacated
upon the application of all the owners of lots in said plat and with
the approval, as above provided, of the planning commission. The county
clerk of the county in whose office the plan or plat thus vacated
has been recorded shall write in plain, legible letters across the
plan or plat so vacated the word “vacated,” and also make
a reference on the same to the volume and page in which said instrument
of vacation is recorded.
(b)
In the event there is not compliance with subsection (a) of this section, a replat or resubdivision of a plat, or portion thereof, without vacation of the previous plat, is hereby expressly authorized to be recorded and shall be deemed valid and controlling, when approved, after a public hearing by the planning commission when:
(1)
It has been signed and acknowledged by only the owners of the particular
property which is being resubdivided or replatted;
(2)
It has been approved by the planning commission or other appropriate
governing body, as the case may be;
(3)
It does not attempt to alter, amend, or remove any covenants or restrictions;
and
(5)
If a proposed replat requires a variance or waiver, a public hearing
must be held by the planning commission.
(c)
The following additional requirements for approval shall apply in
any resubdivision or replatting of a subdivision, without vacating
the immediate previous plat, if any of the proposed area to be resubdivided
or replatted was within the immediately preceding five (5) years limited
by any interim or permanent zoning classification to residential use
for not more than two (2) residential units per lot, or if any lot
in the immediate previous subdivision was limited by deed restriction
to residential use for not more than two (2) residential units per
lot.
(1)
Notice of such planning commission hearing shall be given in advance
in the following manner:
(A)
Publication at least fifteen (15) days in advance of hearing being
published in a paper of general circulation in the city; and
(B)
Written notice, with a copy of subsection (c)(2) attached to the notice of such hearing forwarded by the planning commission to owners (as the ownerships appear on the current tax roll of the city) or, if the replat is in the city’s extraterritorial jurisdiction, then the most recently approved county tax roll of all lots in the immediately preceding subdivision plat within two hundred (200) feet of the proposed replat not less than fifteen (15) days prior to the date of such hearing; such notice is considered served when it is deposited, properly addressed and postage paid, in a post office or postal depository within the boundaries of the city.
(2)
If the proposed replat is protested in accordance with this subsection,
the proposed replat must receive, in order to be approved, the affirmative
vote of at least three-fourths of all members of the planning commission.
For a legal protest, written instruments signed by the owners of at
least twenty (20) percent of the area of the lots or land, including
streets and alleys, immediately adjoining the area covered by the
proposed replat and extending two hundred (200) feet from that area,
but within the original subdivision, must be filed with the secretary
of the planning commission prior to the close of the public hearing.
(3)
Provided, however, compliance with subsection (1) or (2) of this subsection shall not be required for approval of a replatting or resubdividing of a portion of a prior plat if all of the proposed area sought to be replatted or resubdivided was designated or reserved for usage other than for single or duplex family residential usage by notation on the last legally recorded plat or in the legally recorded restrictions applicable to such plat.
(d)
Notwithstanding any other provision of this section, the planning
commission is authorized to approve and issue an amending plat which
is signed by the applicants only, and which is for one or more of
the purposes set forth in the following subsections (1) through (9),
inclusive, and such approval and issuance shall not require notice,
hearing, or approval of other lot owners. This subsection shall apply
only if the sole purpose of the amending plat is:
(1)
To correct an error in any course or distance shown on the prior
plat;
(2)
To add any course or distance that was omitted on the prior plat;
(3)
To correct an error in the description of the real property shown
on the prior plat;
(4)
To indicate monuments set after death, disability, or retirement
from practice of the engineer or surveyor charged with responsibilities
for setting monuments;
(5)
To show the proper location or character of any monument which has
been changed in location or character or which originally was shown
at the wrong location or incorrectly as to its character on the prior
plat;
(6)
To correct any other, type of scrivener or clerical error or omission
as previously approved by the planning commission; such errors and
omissions may include, but are not limited to, lot numbers, acreage,
street names, and identification of adjacent recorded plats;
(7)
To correct an error in courses and distances of lot lines between
two (2) adjacent lots where both lot owners join in the application
of plat amendment and neither lot is abolished, provided that such
amendment does not attempt to remove recorded covenants or restrictions
and does not have a materially adverse effect on the property rights
of the other owners in the plat;
(8)
To relocate a lot line in order to cure an inadvertent encroachment
of a building or improvement on a lot line or on an easement;
(Ordinance 83-95, sec. 2, adopted 9/13/83; Ordinance 85-113, sec. 1, adopted 11/19/85; Ordinance 91-83, sec. 1, adopted 10/8/91; 1978 Code, sec. 24-10; Ordinance 19-052, sec. 4, adopted 8/27/19)
Acceptance of offer of dedication of streets, utilities, public
areas and parks shall be by action of the city council. The approval
by the planning commission of a subdivision plat shall not be deemed
to constitute or imply the acceptance by the city of any street or
utility easements or improvements shown on said plat.
(Ordinance 83-95, sec. 2, adopted 9/13/83; 1978 Code, sec. 24-11)
