Prior to the official filing of a preliminary plat, the subdivider
shall consult with and present a proposed plan of subdivision to the
city engineer, city administrator and public works director for comments
and advice on the procedures, specifications, and standards required
by the city for the subdivision of land.
(1999 Code, sec. 9.201)
(a)
Generally.
The subdivider shall cause to be prepared
a preliminary plat by a surveyor or engineer in accordance with this
chapter. The preliminary plat will not be recorded.
(b)
Time for filing and copies required.
The project manager shall file a formal application for preliminary plat approval in writing, attaching to the application twelve (12) black or blue line copies of the plat and a receipt for the filing fees, with the city administrator at least twenty (20) working days prior to the date at which formal application for the preliminary plat approval is to be considered. The application shall be accompanied by a certificate from the city engineer stating the time and date the preliminary conference required by section 10.02.001 was held and list any comments regarding the conference and advice given the subdivider. In addition the application shall be accompanied by a certificate over the signature and seal of the engineer who prepared the preliminary plat, listing any variances of the city ordinance which are contained in any part of the submission or which are contemplated in completing the subdivision. All such variances shall be listed in the certificate giving details and basis for such variance. If there are no variances, the engineer shall state “none.” This requirement shall be deemed a continuing obligation of the engineer and subdivider who shall file written notice of any need for a variance discovered after filing. Such later notice or notices shall be accompanied with a sworn statement from the engineer stating why the need for such variance was not included in the original filing. The date of notice to the city of such after discovered variance shall be deemed the date of original filing. The letter of transmittal of the application shall state the name, address and telephone number of the owner, project manager, his agent and the engineer or surveyor who prepared the plat. Said letter of transmittal of the application shall include the following information: (1) data evaluating existing drainage ditches and project runoff in c.f.s. (cubic feet per second) and (2) the mathematics used in determining the conclusions listed in subsection (1) above.
(c)
Filing fee.
The project manager shall, prior to filing the formal application with the city administrator, pay a filing fee and plan review fee as provided for in the fee schedule found in appendix A of this code. No action by the planning commission shall be valid until the filing fee and initial plan review fees have been paid. These fees shall not be refunded should the subdivider fail to make formal application for preliminary plat approval or should the plat be disapproved. Filing fees and initial plan review fees shall be made by check payable to the City of Kay, Texas, and given to the city secretary with whom the plat is filed and at the time the plat is filed. The city secretary's receipt shall be attached to and become a part of the application. The payment of the filing fee shall not be construed as filing for purposes of this article.
(d)
Fractional final plat.
A subdivider may be required
to submit a master preliminary plat of the entire area he proposes
to subdivide over a period of time and indicate thereon his proposed
plan of development by increments. After approval of this master preliminary
plat, he may submit fractional final plats in general accordance with
the master plat by units or areas. Each increment of area must be
adjacent to a preceding developed increment or area. Each increment
shall be governed by and shall conform to the subdivision regulations
in effect on the date each is submitted for final approval.
(e)
Form and content.
The plat shall be drawn on sheets
twenty-four inches (24”) wide and thirty-six inches (36”)
long, with a binding margin of not less than one and one-half inches
(11/2”) on the left side of the sheet and margins on the other
three (3) sides of not less than three-fourths inch (3/4”).
The plat shall be drawn to a scale of one hundred feet (100’)
to one inch (1”) or larger. When more than one (1) sheet is
necessary to accommodate the entire area, an index sheet showing the
entire subdivision at an appropriate graphic scale shall be attached
to the plat. The plat shall show the following:
(1)
Names of the subdivider, record owner, engineer and/or surveyor.
(2)
Proposed name of the subdivision, which shall not have the same spelling
as or be pronounced similar to the name of any other subdivision located
within the city or within five (5) miles of the city unless the subdivision
is contiguous to a recorded subdivision and the plat represents an
additional installment or increment of the original subdivision.
(3)
Names of contiguous subdivisions and the owners of contiguous parcels
of unsubdivided land, along with deed record references, and an indication
of whether or not contiguous properties are platted.
(4)
Description, by metes and bounds, of the subdivision.
(5)
Primary control points or descriptions, and ties to such control
points to which all dimensions, angles, bearings, block numbers and
similar data shall be referred.
(6)
Subdivision boundary lines, indicated by heavy lines and the computed
acreage of the subdivision.
(7)
Existing sites as follows:
(A)
The exact location, dimensions, name and description of all existing
or recorded streets, alleys, reservations, easements or other public
rights-of-way within the subdivision, intersecting or contiguous with
its boundaries or forming such boundaries.
(B)
The exact location, dimensions, description and name of recorded
residential lots, parks, public areas, permanent structures and other
sites within or contiguous with the subdivision.
(C)
The exact location, dimensions, description, and flow line of existing
watercourses and drainage structures within the subdivision or on
contiguous tracts.
(8)
The location, typical dimensions, description and name of all proposed
streets, alleys, drainage structures, parks, other public areas, reservations,
easements or other rights-of-way, blocks, lots and other sites within
the subdivision.
(9)
Date of preparation, scale of plat and north point.
(10)
Topographical information shall include contour lines on a basis
of five (5) vertical feet in terrain with a slope of two percent (2%)
or more, and on a basis of two (2) vertical feet in terrain with a
slope of less than two percent (2%). Contour lines shall be based
upon City of Katy datum or such datum used by the city.
(11)
A number or letter to identify each lot or site and each block.
(12)
Front building setback lines on all lots and sites. Side yard setback
lines on all lots and sites. Side yard building setback lines at street
intersections and crosswalk ways. General notes may be used where
their meaning is clear.
(13)
Location of city limits line, the outer border of the city's extraterritorial
jurisdiction, and boundaries, if they traverse the subdivision, form
part of the boundary of the subdivision, or are contiguous to such
boundary.
(14)
Vicinity sketch or key map at a smaller scale as approved by the
city engineer which shall show existing subdivisions, roads, streets,
easements, highway and railroad rights-of-way, parks and public facilities
and other landmarks in the vicinity, the general drainage plan and
ultimate destination of water, and possible storm sewer, water, gas,
electric and sanitary sewer connections by arrows. Key map shall extend
one (1) mile in all directions.
(f)
Processing of preliminary plat.
(1)
The city engineer shall check the preliminary plat as to its conformity
with the master plan, major street plan, land use plan, and the requirements
set forth herein or referred to herein.
(2)
The city engineer shall present the preliminary plat data to the
planning commission with his recommendations.
(3)
Within thirty (30) days after the preliminary plat is formally filed,
the planning commission shall approve, conditionally approve with
modifications, or disapprove; the planning commission shall inform
the subdivider, in writing, of the reasons at the time such action
is taken.
(4)
Approval of a preliminary plat shall be effective for six (6) months
from date of approval; thereafter such approval shall be considered
void and the plat and application deemed withdrawn by the developer
unless the final plat has been presented for approval or the developer
has applied to city council for and has received from city council
an extension of time to a date certain in which to present such final
plat. Failure to present a final plat within such time extension shall
void all prior approval and the application deemed withdrawn.
(5)
Any changes or revisions to a preliminary plat which has received
planning commission approval must be accepted and approved by city
council.
(6)
If no development has occurred which would affect the proposed plat,
after six (6) months of effective approval, the planning commission
may, upon application of the subdivider, extend the approval time
allowable.
(7)
Initial plan review fees are to paid along with the filing fee as set forth in the fee schedule found in appendix A of this code. The initial plan review fee covers 1.5 hours of review; additional review will be charged at a rate as provided for in the fee schedule found in appendix A of this code and shall be paid when the preliminary plans are returned to the submitter.
(1999 Code, sec. 9.202; Ordinance 3018 adopted 1/24/22)
(a)
Form and content.
(1)
The final plat and accompanying data shall conform to the preliminary
plat as approved by the planning commission incorporating any and
all changes, modifications, alterations, corrections, and conditions
imposed by the planning commission.
(2)
The final plat shall be drawn in India ink on linen tracing cloth
or dimensionally stable matte film sheets (suitable for reproduction),
twenty-four inches (24”) wide and thirty-six inches (36”)
long with one and one-half inch (1-1/2”) margin on the left
side of the sheet, and margins of not less than three-fourths inch
(3/4”) on the other three (3) sides. The plat shall be drawn
at a scale of one hundred feet (100’) to one inch (1”)
or larger. Where more than one (1) sheet is necessary to accommodate
the entire area, an index sheet showing the entire subdivision at
an appropriate scale shall be attached to the plat.
(3)
The final plat shall be submitted in one (1) original reproducible tracing as specified above and 12 blue or black line prints which shall contain all of the features required for preliminary plats in subsection (2) above [section 10.02.002], and it shall be accompanied by four (4) copies of site improvements data bearing the seal of a registered professional engineer and four (4) copies of detailed cost estimates of streets, storm drainage, water and sewer facilities to be installed.
(4)
The final plat and the accompanying site improvement data and detailed
cost estimates shall be approved by the city engineer.
(5)
In addition to the various requirements for the preliminary plat,
the final plat shall also include the following:
(A)
The exact location, dimensions, name and description of all existing
or recorded streets, alleys, reservations, easements, or other public
rights-of-way within the subdivision, intersecting or contiguous with
its boundary or forming such boundary, with accurate dimensions, bearing
or deflecting angles and radii, area, and central angle, degree of
curvature, tangent distance and length of all curves where appropriate.
(B)
The exact location, dimensions, description and name of all proposed
streets, alleys, drainage structures, parks, other public areas, reservations,
easements or other rights-of-way, blocks, lots, and other sites within
the subdivision with accurate dimensions, bearing or deflecting angles
and radii, area, and central angles, degree of curvature, tangent
distance and length of all curves where appropriate.
(6)
When filed, the final plat shall be accompanied by the following
data. All plans and engineering calculations shall bear the seal and
signature of an engineer.
(A)
Streets, alleys, sidewalks, crosswalk ways, streetlights and
monuments.
Four (4) copies of plans and profiles of all
streets, alleys, sidewalks, crosswalk ways, streetlights and monuments.
(B)
Sanitary sewers.
Four (4) copies of plans and
profiles of proposed sanitary sewer lines, indicating depths and grades
of lines.
(C)
Water lines.
Four (4) copies of plans and profiles
of all proposed water lines and fire hydrants, showing depths and
grades of the lines.
(D)
Storm drainage.
(i)
Six (6) copies of the proposed plat, indicating two-foot (2’)
contours based on city datum. All street widths and grades shall be
indicated on the plat, and runoff figures shall be indicated on the
outlet and inlet side of all drainage ditches and storm sewers, and
at all points in the street at changes of grade or where the water
enters another street or storm sewer or drainage ditch. Drainage easements
shall be indicated.
(ii)
A general location map of the subdivision showing the entire
watershed (a U.S.G.S. quadrangle is satisfactory).
(iii)
Calculations showing the anticipated stormwater flow, including
watershed area, percent runoff, and time of concentration. When a
drainage ditch or storm sewer is proposed, calculations shall be submitted
showing basis for design. Calculations shall meet Harris County flood
control standards.
(iv)
When a drainage channel or storm sewer is proposed, complete
plans, profiles, and specifications shall be submitted, showing complete
construction details.
(v)
When conditions upstream or downstream from a proposed channel
or storm sewer do not permit maximum design flow, high water marks
based on twenty-five (25) year frequency, shall be indicated based
on existing conditions.
(E)
Final plat shall also include:
(i)
Include the following items:
a.
Owner's acknowledgment and dedications.
b.
Lienholders’ acknowledgement.
c.
Space for city planning commission approval.
d.
Certification of the surveyor responsible for surveying the
subdivision area, attesting to its accuracy.
e.
Certification of the engineer responsible for the preparation
of the final plat and supporting data attesting to its accuracy.
f.
Space for city council approval, including signature line for
mayor and attest by the city secretary.
(b)
Processing the final plat.
(1)
If desired by the subdivider and approved by the planning commission,
the final plat may constitute only that portion of the approved preliminary
plat which he proposes to record and develop. However, such portion
shall conform to all the requirements of this chapter and the portion
or portions of the subdivision for which the final plat is drawn and
submitted for approval shall be in successive order of development
as exhibited on the previously approved preliminary master plat. All
water, sanitary sewer, streets, storm drainage facilities and grading
as shown on the final plat shall be constructed in their entirety
before acceptance by the city and before such final plat is recorded
in the office of the county clerk in which county the land involved
is situated.
(2)
As soon as practical after subdivider is notified of the approval
of the preliminary plat, his engineer shall submit to the planning
commission at an official meeting the final plat of the subdivision
or portion thereof.
(3)
No final plat shall be considered unless a preliminary plat has first
been submitted and approved. However, if a preliminary plat has been
duly approved and the subdivider wishes to increase the size of the
lots by combining two (2) or more lots or by combining one (1) lot
with a portion of the adjacent lot in such manner that no portion
of a lot remains smaller than the original lots, no additional preliminary
plat will be necessary. If there has been a combination of lots, the
final plat must include in the surveyor's certification a listing
of the lots by lot and block number and the final size of the lot,
in both length and width dimensions, along with square footage.
(4)
A final plat of an approved preliminary plat or a portion thereof
shall be submitted to the planning commission within six (6) months
of the date of approval of the preliminary plat, otherwise the approval
of the planning commission shall become null and void, unless an extension
of time is applied for and granted by the city council.
(5)
When the final plat is filed with the planning commission for approval, it shall be accompanied by filing fee, as provided for in the fee schedule found in appendix A of this code.
(6)
Within thirty (30) days after the final plat is formally filed, the
planning commission shall approve or disapprove such plat. If the
final plat is disapproved, the planning commission shall inform the
subdivider in writing of the reasons at the time such action is taken.
(7)
After the plat has been approved and all improvements constructed and have been accepted and the subdivider has filed the required warranty bond or, in the case of commercial development, the subdivider or developer has entered into a trust agreement as provided in section 10.06.004, the subdivider shall cause the final plat to be recorded with the county clerk of Fort Bend, Harris or Waller County, whichever county the subdivision or any part of it is located.
(8)
No building permits will be issued by the city until four (4) copies
of the recorded plat and “as-built” (record drawings)
construction plans, along with one (1) complete reproducible set of
plans have been furnished to the city secretary.
(9)
Before the planning commission shall give approval to a final plat,
the planning commission must have on file a letter from the city engineer
stating that all platting and engineering requirements of this chapter
have been met by the developer, including any variances granted by
the planning commission or the city council. The city engineer shall
file such letter within ten (10) days following receipt of a copy
of such final plat in the engineer's office.
(10)
A final plat which has been approved by the planning commission must
be filed with the county clerk of the county in which such subdivision
is located within twelve (12) months following the date of approval.
(A)
If a final plat, for which approval has been given, has not
been filed for record in the office of the county clerk on or before
the expiration of one (1) year from date of approval, the city may
withdraw such approval by sending notice of such withdrawal to the
developer by certified mail, return receipt requested, to the address
of the developer as shown on the application for plat approval submitted
to the planning commission. Copies of such notice of withdrawal shall
also be sent to any lienholders shown on the subdivision file or any
surety who has posted any guaranty of performance bond for the benefit
of the developer.
(B)
No building permits shall be issued for any construction within,
nor utilities extended to, a subdivision from which approval has been
withdrawn. Nor shall the city be required to grant permits within
the subdivision until the developer resubmits the subdivision plat
to the planning commission for approval. Any plat so resubmitted must
conform to the city's subdivision regulations in effect on the date
of resubmission.
(11)
The city council expressly reserves to itself the final approval
of all subdivisions prior to filing for record in the office of the
county clerk in the county where such property is located.
(c)
Private street subdivision.
(1)
In addition to all of the foregoing a private street subdivision
plat must contain language stating, “the streets are under private
ownership to be maintained by the homeowners’ association in
accordance with an agreement of even date herewith and filed contemporaneously
with this plat,” or similar language informing the public that
the streets are not public streets but private streets.
(2)
The plat must provide that the private streets shall provide that
lot owners within such subdivision have the right to utilize the private
streets and have an easement over such streets for ingress and egress
within such subdivision.
(3)
An agreement between the city and the developer and the homeowners’
association for the subdivision will be required before a plat for
a subdivision that includes private streets will be approved. The
agreement will specify, as a minimum, city access to private streets
for emergency vehicles, city water and wastewater department personnel,
city inspectors and garbage pickup, and access for school buses, postal
vehicles and utility company crews. The agreement shall also provide
that the city shall not be liable for any damage to a private street
that results from maintenance work on water or wastewater facilities.
All of the conditions of such agreement shall be included on the plat
for such subdivision.
(4)
Entrances to private street subdivisions may control access with
gates that may be manned or unmanned. Where electrically operated,
unmanned access gates are in place on private streets, one entrance
gate at each entrance must be equipped with a 911 override control
switch. For entrances with two or more gated lanes of entry, at least
one lane must be controlled by an electronically operated gate. Any
additional lanes may be manually operated. Access gates shall be designed
and operated in accordance with the following specifications:
(A)
Construction plans and gate specifications must be submitted to the
fire marshal's office and approved prior to installation. A final
inspection by the fire marshal's office is required before the gates
are operational. Each public safety department shall sign off on the
acceptance form. Gates and 911 control switches must be maintained
and kept in good working condition.
(B)
The owner or operator or his agent is responsible for ordering and
installing the 911 override control switch where required. An approved
order form must be obtained from the fire marshal's office.
(C)
All 911 override control switches must be accessible from the driver's
side of every emergency response vehicle and must be installed in
a weatherproof box or assembly approved by the fire marshal's office.
(D)
All electrically operated access gates shall have a manual override
mechanism for use in the event of a power failure, approved by the
fire marshal's office. Electric gates must have a reset button near
the override control switch to secure the gates when the emergency
is terminated.
(E)
A sensing device that will automatically open the gates for departure
or exiting is required.
(F)
Where manual exit gates are in place on private streets, at least
one gate at each exit shall be equipped with a 911 padlock. Distribution
of numbered master keys will be controlled by the city fire marshal's
office. Keys shall be distributed to authorized emergency response
personnel only. Recordkeeping will be maintained in the office of
the fire marshal.
(G)
The gates in the fully opened position must provide a minimum of
11 feet clear width.
(1999 Code, sec. 9.203)
Where any of the area to be resubdivided or replatted was, within
the immediate preceding five (5) years, limited by an interim or permanent
zoning classification to residential use for not more than two dwelling
units per lot, or if any lot in the preceding plat was limited by
deed restrictions to residential use for not more than two residential
units per lot, then the following additional procedures shall apply:
(1)
Notice of the public hearing shall be published at least fifteen
(15) days prior to the hearing, in a newspaper of general circulation
in Harris County.
(2)
Written notice of the public hearing shall be mailed to the owners
(according to the most recently approved ad valorem tax roll) of all
lots that are within the original subdivision and that are within
200 feet of the lots to be replatted, together with a copy of section
212.015(c) in the Local Government Code for the State of Texas.
(3)
If the proposed replat is protested in accordance with this section,
the proposed replat must receive, in order to be approved, the affirmative
vote of at least three-fourths of the members present of the planning
commission and/or city council, as applicable. For a legal protest,
written instruments signed by the owners of at least 20 percent of
the area of the lots or land immediately adjoining the area covered
by the proposed replat and extending 200 feet from that area, but
within the original subdivision, must be filed with the municipal
authority responsible for approving the replat, prior to the close
of the public hearing. In computing this percentage of land area,
the area of streets and alleys shall be included within the adjacent
lots.
(4)
Compliance with subsection (3) above is not required for approval of a replat of part of a preceding plat, if the area to be replatted was designated or reserved for other than single- or two-family residential use, by notation on the last legally recorded plat or in the legally recorded restrictions applicable to the plat.
(1999 Code, sec. 9.204)
The plat preparation requirements contained herein shall not
be applicable in those cases where the land is being divided into
parts greater than five acres each, each part has access, and no public
improvements are being dedicated.
(1999 Code, sec. 9.205)
(a)
The city administrator or his designee shall have the authority to
review any minor plats, amending plats, and replats, pursuant to section
212.0065 of the Texas Local Government Code, if they are in compliance
with the provisions of this article and other rules and regulations
as may have been or may be adopted by city council governing plats
and/or the subdivision of land.
(b)
The city administrator or his designee may, for any reason, elect
to present an amending plat or a minor plat for approval to the city
planning and zoning commission and city council.
(c)
The city administrator or his designee shall not disapprove any plat.
Any plat the city administrator or his designee refuses to approve
shall be referred to the city planning and zoning commission for consideration
within thirty days after the date the plat is filed.
(d)
Amending plat
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
(A)
(B)
(C)
(11)
(A)
(B)
(C)
(D)
As used in this section, amending plat shall have the following definition:
shall mean a plat that is signed by the applicants only and
is solely for one or more of the following purposes:
To correct an error in a course or distance shown on the preceding
plat;
To add a course or distance that was omitted on the preceding
plat;
To correct an error in a real property description shown on
the preceding plat;
To indicate monuments set after the death, disability, or retirement
from practice of the engineer or surveyor responsible for setting
monuments;
To show the location or character of a monument that has been
changed in location or character or that is shown incorrectly as to
location or character on the preceding plat;
To correct any other type of scrivener or clerical error or
omission previously approved by the municipal authority responsible
for approving plats, including lot numbers, acreage, street names,
and identification of adjacent recorded plats;
To correct an error in courses and distances of lot lines between
two adjacent lots if:
To relocate a lot line to eliminate an inadvertent encroachment
of a building or other improvement on a lot line or easement;
To make necessary changes to the preceding plat to create six
or fewer lots in the subdivision or a part of the subdivision covered
by the preceding plat if:
The changes do not affect applicable zoning and other regulations
of the municipality;
The changes do not attempt to amend or remove any covenants
or restrictions; and
The area covered by the changes is located in an area that the
municipal planning commission or other appropriate governing body
of the municipality has approved, after a public hearing, as a residential
improvement area; or
To replat one or more lots fronting on an existing street if:
The owners of all those lots join in the application for amending
the plat;
The amendment does not attempt to remove recorded covenants
or restrictions;
The amendment does not increase the number of lots; and
The amendment does not create or require the creation of a new
street or make necessary the extension of municipal facilities.
(e)
Notice, a hearing, and the approval of other lot owners are not required
for the approval and issuance of an amending plat.
(f)
Minor plat
As used in this section, minor plat shall have the following definition:
shall mean a plat involving four or fewer lots fronting on
an existing street and not requiring the creation of any new street
or the extension of city facilities.
(g)
Minor replat
As used in this section, minor replat shall have the following definition:
shall mean a replat involving four or fewer lots fronting
on an existing street and not requiring the creation of any new street
or the extension of City facilities.
(Ordinance 2500 adopted 5/23/11)
