The purpose of the final plat (including a final replat) is
to allow development services to review the overall platting of the
tract and street patterns within the subdivision for compliance with
this article, and for compliance with an approved preliminary plat.
(Ordinance 07-09-18F, sec. V(a),
adopted 9/18/07)
(a) Final plat requirements.
(1) A final plat is required for the creation of a legal lot of record.
(2) If so desired by the developer, the final plat may constitute only
that portion of the approved preliminary plat that the developer proposes
to record and then develop. Provided, however, that such portion conforms
to all requirements of these regulations.
(3) No final plat, for which a preliminary plat was required, shall be
acted on by the city council until a preliminary plat conforming to
all the city’s stipulations has been submitted and approved
by the city council.
(b) Procedures.
Formal application for final plat approval
shall be made by the subdivider in the manner prescribed by the city.
An application for final plat approval shall be processed and considered
in accordance with division 3 of this article. The final plat shall
be in accordance with the approved preliminary plat; provided, however,
that the city council may authorize minor adjustments to street alignments,
length, and lot lines where the city council determines such adjustments
are consistent with the intent and general layout of the approved
preliminary plat. Where the final plat deviates from the approved
preliminary plat to the extent that the city council finds such deviation
to be significant and not consistent with the intent and general layout
of the approved preliminary plat, such final plat shall not be approved
until it reflects the originally approved preliminary plat, or a new
preliminary plat has been approved in accordance with division 4 of
this article.
(c) Content.
The final plat shall include the following
items:
(1) The final plat and accompanying data shall conform to the preliminary
plat, if applicable, as approved by the city council, incorporating
any and all changes, additions, modifications, alterations, and corrections
stipulated by the city council.
(2) The final plat shall contain all of the features required for preliminary
plats in division 4 of this article, and shall bear the seal of a
registered Texas surveyor.
(3) Engineering plans prepared by an engineer shall be required when
property is platted for the purpose of immediate development. Engineering
plans shall include grading and drainage plans, water and sewer plans,
and other plans as required by the city.
(4) In addition to the various requirements for the preliminary plat,
the final plat shall also include the following:
(A)
Existing features.
The exact location, dimension,
name, and description of all existing or recorded streets, reservations,
easements or public rights-of-way within the subdivision, intersecting
or contiguous with its boundary or forming such boundary, or located
in close proximity to the site, with accurate dimensions, bearings
or deflecting angles and radii, area and central angle, chord bearing
and distance, tangent distance and length of all curves, where appropriate.
(B)
Proposed features.
The exact location, dimensions,
description, and names of all proposed streets, common areas, parks,
public areas, playgrounds or other similar uses, reservations, easements
or rights-of-way, blocks, lots and significant sites within the subdivision,
with accurate dimensions, bearing or deflecting angles and radii,
area and central angles, chord bearing and distance, tangent distance
and length of all curves, where appropriate.
(5) The names of all adjoining subdivisions, the dimensions of all abutting
lots, lot and block numbers and accurate reference ties to courses
and distances of at least two (2) recognized land corners shall be
shown. If adjacent property is not platted, note “NOT PLATTED”
and the owner’s name.
(6) All approved street names shall be shown.
(7) All abstract lines shall be shown and labeled.
(8) The location and dimension of any easement, designated by use, adjoining
or abutting the subdivision.
(9) Description of the subdivision by metes and bounds shall be shown.
(10) Point of beginning or commencement shall reference an original abstract
or existing subdivision property corner. Primary control points or
descriptions and ties to such control points to which all dimensions,
angles, bearings, block numbers and similar data shall be referenced.
Point of beginning shall include the Northing and Easting coordinates.
(11) The final plat shall show a title including the approved name of
the subdivision, the names, addresses and phone numbers of the owner
and engineer or surveyor, scale and location of the subdivision with
reference to original land grant or survey, abstract number, and a
north arrow depicting true or magnetic north, and noting whether true
or magnetic north is used.
(12) Show the one hundred (100) year floodplain limits based on ultimate
watershed development, as determined by the city, or note that such
property is not within the floodplain limits, if applicable. Finished
floor elevations of one (1) foot above the one hundred (100) year
floodplain elevation shall be shown on the plat, where applicable.
(13) Location and description of monuments, which shall be placed at each corner of the boundary survey of the subdivision, shall be shown as described in section
10.03.423.
(14) Lot and block numbers shall be shown.
(15) The square footage or acreage of all lots which are not rectangular
shall be shown in a table.
(16) Certificates of the owner, surveyor, a dedication statement, city
signature blocks and other standard notes shall be placed on the final
plat.
(17) Standard notes relating to development of the lots per subdivision.
(18) All items required with a preliminary plan in section
10.03.122.
(d) Standard notes.
“Selling off a portion of this
subdivision by metes and bounds description, without a replat being
approved by the City of Horseshoe Bay, is a violation of City Ordinance
and state law and is subject to fines and withholding of utilities
and building permits.”
(f) A signed certificate of insurance, satisfactory to the city, showing
compliance with the requirements of this division shall be furnished
to the city at the time all improvements are accepted by the city.
Such certificate shall provide thirty (30) day written notice to the
city prior to the cancellation or modification of any insurance referred
to therein. Language shall be placed on the subdivision final plat
indicating that a signed certificate of insurance shall be furnished
to the city.
(Ordinance 07-09-18F, sec. V(b),
adopted 9/18/07; Ordinance
2021-39, sec. XI, adopted 10/12/21)
(a) City council action.
The city council shall review the
final plat and shall either approve, approve with minor conditions,
or disapprove the final plat within thirty (30) days after the filing
of a completed application. The city council may approve a written
or verbal request submitted by the developer to table a final plat
application to a specific future city council meeting where the developer
waives its right to having the final plat acted upon within the required
thirty (30) days as set forth in the Local Government Code, section
212.009(a). The city council may not table action on a final plat
without the consent of the developer and a waiver of rights.
(b) Notification of action taken.
Within ten (10) working
days after action is taken by the city council, the development services
manager shall issue to the developer a certificate as required by
section 212.0115 of the Texas Local Government Code stating that the
final plat has been reviewed and approved by the city council.
(Ordinance 07-09-18F, sec. V(c),
adopted 9/18/07)
In order for the approved plat to be recorded, the developer
must submit the following to the development services manager:
(1) An abstractor’s certificate which shall state the names and
addresses of all current owners and current lienholders of the property
described in the plat. The abstractor’s certificate shall be
dated no earlier than thirty (30) days prior to a request for recordation
of the plat;
(2) An acknowledged signature on the plat by the current owner of the
land being platted if the current owner is different than the owner
at the time the final plat was approved;
(3) Current original tax certificates;
(4) Llano or Burnet County affidavit certifying tax certificates; and
(6) The city does not record final plats with Burnet or Llano County.
It is the responsibility of the owner or his/her assigns to record
the final plat in the appropriate county
(7) After the plat is recorded the applicant shall provide the city with
one copy of the recorded final plat mylar.
(Ordinance 07-09-18F, sec. V(d),
adopted 9/18/07; Ordinance
2021-39, sec. XII, adopted 10/12/21)
The approval of a final plat shall expire one (1) year from
the date of approval if commencement of construction of the project
approved therein is not commenced.
(Ordinance 07-09-18F, sec. V(e),
adopted 9/18/07)