A.
The subdivider(s)
should avail themselves of the advice and assistance of the City officials,
and should consult early and informally with the City Engineer, Planning
Director, and/or other designated administrative officers before preparing
a plat (e.g., a preliminary plat, final plat, amended plat, replat,
etc.), and before formal application for approval of same in order
to save time, money and to avoid unnecessary delays.
(Ordinance 3693 adopted 4/6/2004, as revised through 1/4/2012)
A.
Zoning Requirements.
A property within the City’s corporate limits that is
being proposed for platting must be properly zoned by the City prior
to submission of an application for approval of any plat. In addition,
the proposed development layout or subdivision design shown on the
proposed plat must be in conformance with all standards and requirements
prescribed in the City’s Zoning Ordinance.
1.
Noncompliance
with the requirements of the zoning district in which the subject
property is located, or lack of the proper zoning, shall constitute
grounds for denial of the plat. In situations where the zoning on
a particular piece of property cannot be ascertained by the City,
the burden of proof regarding the property’s zoning shall rest
with the property owner. Proof of proper zoning shall consist of appropriate
documentation, such as a copy of the ordinance establishing the zoning,
which shall be reviewed by City officials as to its validity and authenticity.
2.
Any plat
submitted for approval by the City shall be in accordance with the
City’s Zoning Ordinance, if the property is located within the
City’s corporate limits, and, if the property is located within
the City’s corporate limits or extraterritorial jurisdiction,
it shall be in accordance with the City’s Comprehensive Plan,
including all adopted water, sewer, storm drainage, future land use,
park, recreation, open space and thoroughfare plans. All plats shall
be prepared by a registered professional land surveyor.
B.
Classification
of Subdivisions and Additions.
Before any land is platted
(i.e., filed for record), the property owner shall apply for and secure
approval of the proposed subdivision plat, in accordance with the
following procedures, unless otherwise provided within this Ordinance.
Subdivisions are classified as major or minor (see definitions), depending
upon the number of lots to be created and upon whether or not any
public improvements will be required to develop the property.
1.
Minor subdivisions may be approved for residential or nonresidential properties. Minor plat approval requires the submission of a final plat drawing and other submission materials required by Section 2.10 of this Ordinance. Lots may be conveyed or sold only when the plat has been approved and the plat has been filed with the Angelina County Clerk or as required by State Law.
2.
Major subdivisions involve the creation of new streets, the construction/extension of a municipal facility(s), and/or the creation of more than four (4) lots. Major subdivisions may be approved for residential or nonresidential properties. Major plat approval shall be in accordance with Sections 2.4 and 2.5. All major subdivision plats must be approved by the Planning and Zoning Commission or City Council in case of appeals, pursuant to this Ordinance, specifically Section 1.11 and 1.12. Lots may be conveyed or sold only when the plat has been approved and the plat has been filed with the Angelina County Clerk or as required by State Law.
C.
Submission
Requirements For All Types of Plat Applications.
In addition
to the requirements outlined herein for each type of development application,
the City shall maintain separate policies and procedures for the submission
and processing of applications including, but not limited to, application
forms, checklists, language blocks for plats, and other similar items.
The forms and paperwork are available at the office of the City Engineer,
or designee. These policies and procedures may be amended from time
to time, and it is the applicant’s responsibility to be familiar
with, and to comply with, the policies and procedures.
D.
Official
Submission Date and Completeness of Application For All Types of Plats.
1.
For the
purpose of these regulations, the “official submission date”
shall be the date upon which a complete application for approval of
any type of plat, that contains all required elements mandated by
the Texas Government Code, Section 212.004(b) and by this Ordinance,
is submitted to the City Engineer (or designee), after which the statutory
period required for approval or disapproval of the plat shall commence
to run. No application shall be deemed officially submitted until
the City Engineer (or designee) determines that the application is
complete and a fee receipt is issued by the City. Failure by the City
Engineer (or designee) to make a determination of incompleteness within
five (5) calendar days for a minor plat and ten (10) calendar days
for a major plat following the date on which the application was first
received by the City, shall result in the application being deemed
complete, and the “official submission date” shall become
the 6th or 11th calendar day, respectively, following initial receipt
of the application by the City.
2.
Plat applications
which do not include all required information and materials, as outlined
below and per other City development review policies which may change
from time to time, will be considered incomplete, shall not be accepted
for official submission by the City, and shall not be scheduled on
a Commission agenda until the proper information is provided to City
officials.
E.
Action by
Planning and Zoning Commission and City Council.
The
Planning and Zoning Commission shall approve or disapprove a preliminary
or final plat (or other type of plat, including replat) application,
or shall identify requirements which must be satisfied prior to approval
of such application, within thirty (30) days of the official submission
date. For purposes of this Section, identification of requirements
which must be satisfied prior to approval of the application shall
be considered denial of the plat application. In the case of an appeal
to the City Council after denial of a plat by the Planning and Zoning
Commission, such appeal must be filed within five (5) days and the
City Council shall act upon the plat application within thirty (30)
days following the Commission’s action.
F.
Simultaneous
Submission of Plats.
In the event that an applicant submits
preliminary and final plat applications simultaneously, the Planning
and Zoning Commission shall act upon both plats within (30) days of
the official submission date. The thirty (30) day period for action
shall not be extended except upon the execution of a written waiver
by the applicant. No final plat shall be approved prior to the approval
of the preliminary plat.
G.
Proof of
Land Ownership.
The City requires proof of land ownership
prior to approval of any development application involving real property.
Along with the application submission, the applicant shall provide
written verification, such as a notarized statement or a power of
attorney or other evidence satisfactory to the City Engineer, that
he or she is the owner of record of the subject land parcel or parcels,
or is the property owner’s authorized agent. The City Engineer
(or designee) shall have the authority to determine what document(s)
the City will require to prove ownership, such as one of the following:
1.
General
warranty deed;
2.
Special
warranty deed;
3.
Title policy;
or
4.
Some other
documentation that is acceptable to the City Engineer (or designee).
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If ownership cannot be conclusively established prior to the
meeting date on which the development application will be heard, the
City shall have the authority to deny the application on the basis
of protecting the public interest. The applicant may resubmit a new
development application, including the submission fees, for the property
at any time following such denial.
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(Ordinance 3693 adopted 4/6/2004, as revised through 1/4/2012)
A.
Upon reaching conclusions at the pre-application conference (as informally recommended in Section 2.1 above) regarding a general development program and objectives, the subdivider shall prepare a preliminary plat and preliminary construction information of the subdivision and other supplementary materials, as specified. Preliminary construction information shall include any documentation necessary to give the City a clear understanding of how the site will generally be served by required public services and facilities (e.g., water, sewer, roadway access, etc.). The preliminary plat shall be submitted to the City of Lufkin with the appropriate filing fee (as provided in the City’s plat submission guidelines, as may be amended from time to time), and with a written application form at least twenty-one (21) calendar days (but no more than thirty calendar days, unless the applicant waives the 30-day review time in writing) prior to the Planning and Zoning Commission meeting at which it is to be considered. At the time the developer files a preliminary plat application with the City Engineer (or designee), a certificate showing that all taxes have been paid on the property to be subdivided, and that no delinquent taxes exist against the property in accordance with Section 1.14, shall also be filed.
1.
The preliminary
plat shall be in accordance with the City’s Zoning Ordinance
(including the proper zoning for the intended use) and its Comprehensive
Plan, including all other adopted plans including, but not limited
to, the Water and Wastewater Master Plans, Future Land Use Plan, Park
Master Plan, and Thoroughfare Plan. The preliminary plat shall be
prepared by a registered/certified engineer, land planner or surveyor.
2.
The preliminary
plat shall reference distances and bearings to the City-designated
monument system, wherever applicable. The City will provide monuments
within one thousand feet (1,000') of the preliminary plat boundary.
B.
Copies of
prints of the proposed subdivision drawn on sheets at a size of twenty-four
inches by thirty inches (24" x 30"), and drawn to a scale of one hundred
feet or fifty feet to the inch (1" = 100' or 1" = 50'), shall be submitted
in the number of copies specified by the City (as provided in the
City’s plat submission guidelines, as may be amended from time
to time). Digital files, completed in a format that is compatible
with software used by the City such as CAD or GIS programs, of the
proposed subdivision containing the same information as said drawings
shall also be submitted. In cases of large developments which would
exceed the dimensions of the sheet of one hundred foot (100') scale,
preliminary plats may be on multiple sheets or may be two hundred
feet to the inch (l" = 200') or another known engineering scale, as
approved by the City Engineer (or designee).
1.
Preliminary
plats which do not include the required data, number of copies and
information will be considered incomplete, shall not be accepted for
submission by the City, and shall not be scheduled on a Planning and
Zoning Commission agenda until the proper information is provided
to City staff. Additional copies of the preliminary plat may be required
if revisions or corrections are necessary. A preliminary plat showing
phasing of the development, shall include all contiguous property
under the ownership or control of the applicant. It may contain more
than one phase which, if so, shall be clearly identified.
C.
The subdivider
may choose to submit a final plat for review concurrently with the
preliminary plat. In such case, the City may schedule concurrent review
of both plats, provided that all required information and other items
are submitted for both plats (including full construction plans and
the appropriate assurances for the completion of all improvements),
and provided that adequate review can be achieved by the City. If
the City cannot review both plats (and other associated materials)
within the twenty-eight (28) day review period, then only the preliminary
plat shall be considered for approval and the final plat shall be
denied unless the thirty (30) day review requirement is waived in
writing by the applicant.
D.
Following
review of the preliminary plat and other materials submitted in conformity
with these regulations, and following discussions with the subdivider
on changes deemed advisable and the kind and extent of improvements
to be installed, the Planning and Zoning Commission shall act upon
the preliminary plat as it was submitted, or as modified. If approved,
the Commission shall state the conditions of such approval. If the
Planning and Zoning Commission denies the application, and an appeal
of the denial is filed within five (5) days, the City Council shall
act upon the application within thirty (30) days following the Commission’s
denial.
1.
The Planning
and Zoning Commission (or City Council in the case of an appeal) shall
only approve the actual plat drawing (i.e., the sheet(s) showing the
actual plat for the subdivision, which will be filed at the County
in “Final Plat” form), and the screening wall/landscaping
plan(s) (as a separate agenda item) if the project/subdivision includes
any required screening device (e.g., along major roadways or as required
for screening/buffering the property from roads and/or adjacent properties).
The construction (i.e., engineering) plans for the subdivision shall
be submitted within one hundred and twenty (120) calendar days following
approval of the preliminary plat, and shall be reviewed and approved
by the City Engineer and/or other City staff, as deemed appropriate.
E.
Approval
of a preliminary plat by the Planning and Zoning Commission, or by
City Council in the case of an appeal, shall be deemed as tentative
approval of the street and lot layout shown on the preliminary plat,
and as authorization to proceed with preparation of the construction
plans.
F.
If the Planning
and Zoning Commission denies a preliminary plat application, the Commission
shall state such disapproval and the reasons therefor. The plat application
is not forwarded to City Council for consideration unless the applicant
submits a written appeal within five (5) calendar days following the
Commission’s decision. The City Council shall take action within
thirty (30) days following the Planning and Zoning Commission’s
action. The City Council may affirm, modify or reverse (i.e., override)
the decision of the Commission, or it may, where appropriate, remand
the preliminary plat back to the Commission for further proceedings
consistent with the City Council’s direction.
G.
Standards
for Approval.
No preliminary plat shall be approved by
the Planning and Zoning Commission unless the following standards
have been met:
H.
No construction
work shall begin on the proposed improvements in the proposed subdivision
prior to approval of the engineering/construction plans by the City
Engineer. The applicant shall also provide copies of letters from
applicable local utility companies stating that each utility company
has reviewed the preliminary plat and stating any requirements (including
easements) they may have. This requirement may be deferred until the
final plat is submitted if such deferral is approved by the City Engineer.
No excavation, including grading and clearing of vegetation, shall
occur without meeting appropriate City, State (TCEQ) and Federal (SWPPP)
erosion protection measures.
I.
The required
copies or prints (as determined by the City) of the proposed preliminary
plat and construction (i.e., engineering) plans shall show the following:
1.
A vicinity
or location map that delineates the location of the proposed preliminary
plat in the City;
2.
Boundary
lines, abstract lines, corporate boundaries, existing or proposed
highways and streets, bearings and distances sufficient to locate
the exact area proposed for the subdivision;
3.
The name,
location and recording information of all adjoining subdivisions (or
property owners of unplatted property) shall be drawn to the same
scale and shown in dotted lines adjacent to the tract proposed for
subdivision in sufficient detail to show accurately the existing streets,
alleys and other features that may influence the layout of development
of the proposed subdivision; adjacent unplatted land shall show property
lines, the names of owners of record, and the recording information;
4.
The location
and widths of all streets, alleys and easements, existing or proposed,
within the subdivision limits and adjacent to the subdivision; a list
of proposed street names shall be submitted for all new streets (street
name approval is required at the time the preliminary plat is approved);
5.
The location
of all existing property lines, existing lot and block numbers and
date recorded;
6.
Proposed
arrangement and square footage of lots (including lot and block numbers)
and proposed use of same;
7.
The title
under which the proposed subdivision is to be recorded, the name and
address of the owner with the name of the planner, engineer or registered
public surveyor preparing the drawing; the subdivision name shall
not be duplicated, but phasing identification is allowed (the City
shall determine if the proposed subdivision identification will be
in conflict with existing plats);
8.
Sites,
if any, to be reserved or dedicated for parks, schools, playgrounds
or other public uses;
9.
Scale,
date, north arrow oriented to the top or left side of the sheet, and
other pertinent data;
10.
Where
a subdivision is proposed to occur in phases, the subdivider, in conjunction
with submission of the preliminary plat, shall provide a schedule
of development; the dedication of rights-of-way for streets and street
improvements, whether on-site or off-site, intended to serve each
proposed phase of the subdivision; City staff shall determine whether
the proposed streets and street improvements are adequate pursuant
to standards herein established, and may require that a traffic impact
analysis be submitted for the entire project. All preliminary plats
shall be submitted in a legible format on a good grade blue line or
black line paper;
11.
The following
City approval signature block, owner’s acknowledgment block,
and surveyor’s certificate shall be placed in the lower right-hand
corner of the page (above the title block) of each preliminary plat
by the developer. In the event that a preliminary plat is denied or
approved conditionally by the Planning and Zoning Commission and is
then appealed to the City Council and approved by the Council, the
signature block shall be changed to read “Approved by City Council”
in the place of “Approved by Planning and Zoning Commission.”
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City Approval of Preliminary Plat
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Approved for preparation of the final plat:
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_______________________________________
Approved by the Planning and Zoning Commission
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__________
Date
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_______________________________________
Attest - City Secretary
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__________
Date
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Note: If the plat is appealed in the City Council it shall be
referenced as City Council approval if it is eventually approved by
the City Council based on appeal.
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Owner’s Acknowledgment
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I hereby acknowledge this document as the officially approved
preliminary plat:
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_______________________________________
Owner’s Signature
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__________
Date
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Surveyor’s Certificate
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KNOW ALL MEN BY THESE PRESENTS:
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That I, __________, do hereby certify that I prepared this plat
from an actual and accurate survey of the land and that the corner
monuments shown thereon as set were properly placed under my personal
supervision in accordance with the Subdivision Ordinance of the City
of Lufkin.
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_______________________________________
Registered Professional Land Surveyor
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J.
Engineering
Construction Plans.
After preliminary plat application,
the developer shall submit the required copies of the complete engineering
construction and grading plans of streets, alleys, storm sewers and
drainage structures, water and sanitary sewer improvements, and any
required screening walls/landscaping for the area covered by the preliminary
plat. Cost estimates shall also be submitted with the construction
plans. Three (3) sets of construction plans marked “approved”
and a signed approval letter from the City must be on file at the
City prior to construction commencement. A grading plan showing how
the grading of each lot relates to the overall grading plan for the
plat under consideration shall be submitted with the construction
plans. A drainage plan showing how the drainage of each lot relates
to the overall drainage plan for the plat under consideration shall
be submitted with the construction plans. The drainage plan shall
be made available to each builder within the proposed subdivision
and all builders shall comply with the drainage plan. The developer
shall have these plans prepared by their own professional engineers
subject to approval of the plans by the City of Lufkin. The City Engineer
(or designee) shall review or cause to be reviewed, the plans and
specifications and if approved, shall mark them approved and return
one set to the developer. If not approved, one set shall be marked
with the objections noted and returned to the applicant or developer
for correction. The subdivider shall provide additional sets of corrected
engineering plans as specified by the City Engineer for use during
construction. City review and approval of the engineering construction
plans shall not excuse the developer from compliance with these regulations
if deficiencies are discovered during construction or the one-year
warranty period.
1.
After approval
of the preliminary plat, construction plans and specifications by
the City of Lufkin, the developer shall cause a contractor to install
the facilities in accordance with the approved plans and standard
specifications of the City and at the developer’s expense (also
see Section 6). The developer shall employ engineers, surveyors and
other professionals as necessary to design, stake and observe the
construction of such improvements, and shall cause his contractor
to construct the said improvements in accordance with these regulations.
2.
Construction
plans shall be prepared by or under the supervision of a professional
engineer registered in the State of Texas, as required by State law
governing such professions and in accordance with this Ordinance and
the Technical Construction Standards & Specifications (TCSS) Manual.
Construction plans submitted for review by the City shall be dated
and shall bear the responsible engineer’s registration number,
and the designation of “professional engineer” or “P.E.”,
and the engineer’s seal. Construction plans meeting all of the
requirements of this Ordinance and the TCSS Manual shall be approved
by the City Engineer (or designee) within forty-five (45) days of
a complete submittal.
3.
Engineering
and construction plans shall be in conformance with the Technical
Construction Standards & Specifications (TCSS) Manual and the
requirements set forth herein. Engineering construction plans showing
paving and design details of streets, alleys, culverts, bridges, storm
sewers, water mains, sanitary sewers, perimeter sidewalks, landscape
plans (if appropriate), and other engineering details of the proposed
subdivision at a scale of one inch equals 40 or 50 feet (1" = 40'
or 50') horizontally and one inch equals 4, 5, or 10 feet (1" = 4',
5' or 10') vertically shall be submitted to the City Engineer (or
designee) along with the preliminary plat of the subdivision. A minimum
of three (3) copies of the construction plans shall be submitted to
the Engineering Department.
4.
The location
of all existing property lines, existing lot and block numbers and
date recorded, buildings, existing sewer or water mains, gas mains
or other underground structures, easements of record or other existing
features within the area proposed for subdivision.
5.
Contours
with intervals of five feet (5') or less shown for the area (unless,
due to some unique aspect of the subject property, the City Engineer
requires a two-foot (2') contour interval) with all elevations on
the contour map referenced to sea level datum; the City may have contour
maps that may be used on such plats and plans;
6.
Areas contributing
drainage to the proposed subdivision shall be shown in the construction
(i.e., engineering) plans or reports; locations proposed for drainage
discharge from the site shall be shown by directional arrows;
7.
All physical
features of the property to be subdivided shall be shown in the construction
(i.e., engineering) plans, including the location and size of all
watercourses, 100-year floodplain according to Federal Emergency Management
Agency (FEMA) information, Corps of Engineers flowage easement requirements,
ravines, bridges, culverts, existing structures, drainage area in
acres or area draining into subdivisions, the outline of major wooded
areas or the location of major or important individual trees, and
other features pertinent to subdivision;
8.
Engineering
construction plans of water and sewer lines and other infrastructure
(including sizes) to be constructed in the subdivision; the proposed
connections to distribution mains shall be indicated.
K.
Effect of
Approval.
Approval of a preliminary plat and construction
plans authorizes the property owner, upon fulfillment of all requirements
and conditions of approval, to commence construction of all required
improvements (or submission of the proper assurances for construction
of same, per Section 6), to submit an application for final plat approval.
L.
Expiration
of Plats and Reinstatement Procedure.
1.
Approval
of a preliminary plat shall be effective for three (3) years and all
undeveloped areas within the preliminary plat boundary shall lapse
unless reviewed by the Planning and Zoning Commission in light of
new or significant information which would necessitate the revision
of the preliminary plat. If no development or change in requirements
has occurred which would affect the proposed plat at the end of the
three-year period, the Planning and Zoning Commission may, at the
request of the applicant and upon a recommendation by City staff,
extend its approval another year without the submission of a new preliminary
plat by re-approving the original preliminary plat. No filing fee
is required for such re-approval. If no request for re-approval is
made by the developer or property owner prior to the three-year preliminary
plat anniversary date, then the entire preliminary plat shall be deemed
expired and shall be null and void.
a.
The engineering
construction plans shall also be valid as long as the preliminary
plat is valid after approval of the plans by the City.
2.
Prior to
the lapse of approval of a preliminary plat, the property owner may
petition the City to extend approval. Such petition shall be considered
at a public meeting before the Planning and Zoning Commission, and
an extension may be granted by the Commission at such public meeting.
3.
In determining
whether to grant such a request, the Planning and Zoning 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, and the extent to which newly adopted subdivision regulations
shall apply to the plat. The Commission shall extend the preliminary
plat, or deny the request, in which instance the property owner must
submit a new application for approval or may appeal the Commission’s
decision to the City Council. An appeal shall be filed within five
(5) days and the City Council shall act upon the application within
thirty (30) days following the Commission’s action.
4.
The Commission
may extend the approval for a specific time period, subject to additional
conditions based upon newly enacted regulations, or such as are necessary
to ensure compliance with the original conditions of approval.
M.
Timing of
Public Improvements.
1.
The Planning and Zoning Commission may permit all or some of the public improvements to be installed, offered for dedication, and/or accepted by the City after approval of the final plat by the City. Also see Section 6.
a.
The Commission
may permit or require the deferral of the construction of public improvements
if, in its judgment, deferring the construction would not result in
any harm to the public or would offer significant advantage in coordinating
the site’s development with adjacent properties and off-site
public improvements. The deferred construction of any required public
improvement(s) must be approved by the City at the time of preliminary
plat approval, and the necessary assurances for completion of the
improvements (in accordance with Section 6) shall be a stipulation
(i.e., condition) of approval of the preliminary plat.
(Ordinance 3693 adopted 4/6/2004, as revised through 1/4/2012)
A.
The final plat shall be in accordance with the preliminary plat, as approved, and shall reflect/incorporate all applicable conditions, changes, directions and additions imposed by the Planning and Zoning Commission upon the preliminary plat. The final plat shall not be approved by the City until all utilities, infrastructure, and other required improvements have been constructed according to the engineering/construction plans, as approved by the City Engineer, unless provisions are made for the completion of the improvements in accordance with Section 6. The final plat shall not be submitted prior to approval of the preliminary plat (see Section 2.3 for exception). At the time the developer files a final plat application with the City Engineer (or designee), he shall also file a certificate showing that all taxes have been paid on the property to be subdivided, and that no delinquent taxes exist against the property in accordance with Section 1.14.
B.
The final
plat shall constitute only that portion of the approved preliminary
plat which the subdivider proposes to record provided, however, that
such portion conforms to all the requirements of these regulations.
C.
The required
number of copies of the proposed final plat shall be submitted at
least twenty-one (21) calendar days (but no more than thirty calendar
days, unless the applicant waives the 30-day review time in writing)
before the Planning and Zoning Commission meeting at which it shall
be considered, accompanied by an application form and an application
fee (per the City’s plat submission guidelines, as may be amended
from time to time). The City Engineer (or designee) shall check the
plat to ascertain its compliance with these regulations and shall
report to the applicant. If revisions are necessary, the applicant,
developer or his engineer shall submit additional corrected copies
of the properly completed final plat to the City Engineer (or designee),
along with a written request for a 30-day extension of the review
period (thereby waiving the State-mandated 30-day review time for
plats). If the written request for a 30-day extension is not submitted,
then the plat will be recommended for denial. Failure to submit corrected
copies back to the City in time shall be reason to determine the submittal
as incomplete and as reason to not schedule the final plat on the
Commission’s agenda. The final plat application will thereupon
be returned to the applicant with the reasons stated as to why the
plat is incomplete. A minimum of three (3) review copies of the Final
plat shall be submitted to the Engineering Department. Once the review
process is complete a minimum of five (5) copies of the final plat
shall be submitted to the Engineering Department.
1.
The Planning
and Zoning Commission shall recommend approval or denial of the final
plat within thirty (30) days of the official submission date (unless
waived in writing by the applicant). If the Planning and Zoning Commission
denies the application, and an appeal of the denial is filed within
five (5) days, the City Council shall act upon the application within
thirty (30) days following the Commission’s denial. After the
final plat has been scheduled on an agenda, the applicant or subdivider
may request, in writing, a waiver of the thirty (30) day approval
requirement. After receipt of the request, the City may delay approval
of the final plat beyond thirty (30) days of the submission date.
A certificate of approval of the Planning and Zoning Commission, attested
by the Chairperson of the Planning and Zoning Commission and the City
Secretary, as provided herein, shall be attached on the plat when
such final plat has been approved. If the City Council approves the
final plat after an appeal has been made, the certificate of approval
shall be attested by the Mayor or Mayor Pro-Tem instead of the Planning
and Zoning Commission Chairperson.
2.
The developer
and/or applicant shall return copies of the final plat, as approved,
with any other required documents and necessary fees attached thereto
to the City Engineer (or designee) within thirty (30) days, in accordance
with requirements established by the City. All easements shall be
included as required by utility companies and/or the City of Lufkin
prior to filing, and a copy of letters from each applicable utility
company shall be submitted to the City Engineer (or designee) stating
that the plat contains the proper easements. Mylars, reductions and
blueline copies as required by the County Clerk of Angelina County,
in addition to inylar copies and a computer disk or email containing
the digital plat file(s) required by the City, shall be returned to
the City Engineering Department with the required fees. If the required
copies and materials are not returned to the City within the specified
time, the City approval of the final plat shall be null and void unless
an extension is granted by the Planning and Zoning Commission. The
City Engineer (or designee) shall file the final plat within ninety
(90) days at the office of the County Clerk of Angelina County.
D.
The final
plat (and any replats) shall be prepared by a registered professional
land surveyor (RPLS).
E.
When all of the improvements are found to be installed in accordance with the approved plans and specifications, and after the improvements have been completed, and upon receipt by the City of Lufkin of a maintenance bond or certificate of deposit in accordance with Section 6 of this Ordinance from each contractor, three (3) sets of “As-Built” (or “Record Drawing”) plans and one (1) set of “As-Built” or “Record Drawing” mylars, blueline copies, and computer disk(s) containing the digital construction plan(s), as required by the City, shall be submitted with a letter stating the contractor’s compliance with these regulations. After such letter is received, the City Engineer (or designee) shall receive and accept for the City of Lufkin the title, use and maintenance of the improvements according to Section 6.6. The final plat shall not be approved prior to receipt of the above letter and other items, nor prior to acceptance of the improvements by the City.
(Ordinance 3693 adopted 4/6/2004, as revised through 1/4/2012)
A.
All final
plats shall be submitted on sheets that are twenty-four inches by
thirty inches (24" x 30"), and to a scale of not less than one hundred
feet to the inch (1" = 100') or larger unless authorized by City Engineer
or Designee. It shall be the applicant’s responsibility to be
familiar with, and to comply with, all County filing requirements.
Where more than one sheet is required to encompass the subdivision,
an index sheet shall be included showing the entire subdivision together
with the complete dedication, attests, dates, titles and seals, on
one (1) sheet. Each individual sheet of the final plat shall bear
the signature and seal of the surveyor and/or engineer who prepared
the plat.
B.
All final
plats shall reference distances and bearings to the City-designated
monument system, wherever applicable. The City of Lufkin will establish
a benchmark referencing a city gps monument within 1000 feet of the
proposed subdivision.
C.
The exterior
boundary of the subdivision shall be indicated by a distinct bold
solid line, and corner markers by individual symbols with the appropriate
identification of each.
D.
The length
and bearing of all straight lines, radii, arc lengths, tangent length
and central angles of all curves shall be indicated along the lines
of each lot in addition to lot and block numbers. The curve data pertaining
to block or lot boundary may be placed in a curve table.
E.
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 one recognized abstract line or existing subdivision corner
shall be shown. A location map drawn to scale shall also be shown.
A listing of the lots and their correlating lot areas in square feet
shall be provided.
F.
The names
and accurate location and right-of-way widths of all adjacent streets.
G.
The location
and dimension of any utility easement adjoining or abutting the subdivision
or proposed within the subdivision shall be shown. It shall be the
applicant’s responsibility to coordinate with appropriate utility
companies for placement of utility easements.
H.
The description and location of all survey monuments placed in the addition or subdivision shall be shown (see Section 5.2 for specifications).
I.
The final
plat shall show a title block in the lower right corner of the page,
the words “Final Plat,” the name of the addition or subdivision,
the name of the owner and engineer or surveyor, the scale and location
of the subdivision, north point and reference to original land grant
or survey and abstract number. The final plat shall provide a place
for the County Clerk of Angelina County to stamp the number of the
cabinet, drawer or area where the plat will be filed, and a place
for the date in the lower left-hand corner at least 2" x 2" in size.
J.
Finished
floor elevations of building foundations shall be shown for lots adjacent
to a floodplain, floodway and/or an area that may be susceptible to
flooding.
K.
Certificates
shall be on the final subdivision plat and shall contain a minimum
of the following information:
1.
A statement
that the subdivided area is legally owned by the applicant.
2.
An accurate
legal description by the line deflection, necessary curve data, and
line distance of all lines bounding the property with descriptions
correlated to a permanent survey monument.
3.
A statement
signed by the owner and acknowledged before a Notary Public as to
the authenticity of the signatures, saying that the owner adopts the
plat as shown, described and named, and that they do dedicate to the
public use forever the streets and alleys shown on the plat. The owner
further reserves any easement areas shown for mutual use of all public
utilities desiring to use the same. Any public utility shall have
the right to remove and keep removed all or any part of any vegetative
growth for construction or maintenance, or efficiency of its respective
system in these easements and all or any part of, any growth or construction
which in any way hinders or interferes with the right of ingress and
egress to these easements for any necessary use without asking anyone’s
permission.
4.
The registered
public surveyor’s certificate, with a place for signatures.
5.
A place
for plat approval signature of the Planning and Zoning Commission
Chairperson, a place for the City Secretary to attest such signature,
and the date of approval by the Planning and Zoning Commission; in
the case of a plat that has been approved by the City Council after
an appeal has been made, a place for plat approval signature of the
Mayor or Mayor Pro-Tem, a place for the City Secretary to attest such
signature, and the date of approval by the City Council.
6.
Following
are examples of the information required on the final plat which meet
the above requirements:
a.
Owner’s
Certificate
(required):
|
STATE OF TEXAS §
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COUNTY OF ANGELINA §
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|
WHEREAS, John Doe and Jane Doe are the Owners of a tract of
land situated in the WXYZ Survey, Abstract No. 000, Angelina County,
Texas and being out of a 000.00 acre tract conveyed to them by Joe
Smith and Tom Smith, and a 000.00 acre tract conveyed to them by John
Smith and being more particularly described as follows:
| |
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(Enter accurate metes and bounds property description here)
| |
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NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS:
| |
|
That __________ acting herein by and through its duly authorized
officers, does hereby adopt this plat designating the herein above
described property as __________, an addition to the City of Lufkin,
Texas, and does hereby dedicate, in fee simple, to the public use
forever, the streets and alleys shown thereon. The streets and alleys
are dedicated for street purposes. The Easements and public use areas,
as shown, are dedicated, for the public use forever, for the purposes
indicated on this plat. No buildings, fences, trees, shrubs or other
improvements or growths shall be constructed or placed upon, over
or across the Easements as shown, except that landscape improvements
may be placed in Landscape Easements, if approved by the City of Lufkin.
In addition, Utility Easements may also be used for the mutual use
and accommodation of all public utilities desiring to use or using
the same unless the easement limits the use to particular utilities,
said use by public utilities being subordinate to the Public’s
and City of Lufkin’s use thereof. The City of Lufkin and public
utility entities shall have the right to remove and keep removed all
or parts of any buildings, fences, trees, shrubs or other improvements
or growths which may in any way endanger or interfere with the construction,
maintenance, or efficiency of their respective systems in said Easements.
The City of Lufkin and public utility entities shall at all times
have the full right of Ingress and Egress to or from their respective
easements for the purpose of constructing, reconstructing, inspecting,
patrolling, maintaining, reading meters, and adding to or removing
all or parts of their respective systems without the necessity at
any time procuring permission from anyone.
| |
|
This plat approved subject to all platting ordinances, rules,
regulations and resolutions of the City of Lufkin, Texas
| |
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WITNESS, my hand, this the _____ day of _____ , 20_____.
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BY:
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_________________________
Authorized Signature of Owner
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_________________________
Printed Name and Title
| |
|
STATE OF TEXAS §
| |
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COUNTY OF ANGELINA §
| |
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Before me, the undersigned authority, a Notary Public in and
for the State of Texas, on this day personally appeared __________,
Owner, 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 considerations therein expressed.
| |
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Given under 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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_________________________
Date Commission Expires
|
b.
Surveyor’s
Certificate
(required):
|
KNOW ALL MEN BY THESE PRESENTS:
| |
|
That I, __________, do hereby certify that I prepared this plat
from an actual and accurate survey of the land and that the corner
monuments shown thereon as set were properly placed under my personal
supervision in accordance with the Subdivision Ordinance of the City
of Lufkin.
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_________________________
Registered Professional Land Surveyor
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(seal)
| |
c.
In the
event that a final plat is denied or approved conditionally by the
Planning and Zoning Commission and is then appealed to the City Council
and approved by the Council, the signature block shall be changed
to read “City Council” in the place of “Planning
and Zoning Commission” and “Mayor or Mayor Pro-Tem”
in the place of “Chairperson.” Approval Block (required):
|
APPROVED BY: PLANNING AND ZONING COMMISSION CITY OF LUFKIN
| |
|
By: _________________________
Chairperson
|
__________
Date
|
|
_________________________
Attest - City Secretary
|
__________
Date
|
d.
Visibility,
Access and Maintenance Easements
(if applicable):
(1)
The area or areas shown on the plat as “VAM” (Visibility,
Access and Maintenance Easements) are hereby given and granted to
the City, its successors and assigns, as an easement to provide visibility,
right of access for maintenance upon and across said VAM Easement.
The City shall have the right but not the obligation to maintain any
and all landscaping within the VAM Easement. Should the City exercise
this maintenance right, then it shall be permitted to remove and dispose
of any and all landscaping improvements, including without limitation,
any trees, shrubs, flowers, ground cover and fixtures. The City may
withdraw maintenance of the VAM Easement at any time. The ultimate
maintenance responsibility for the VAM Easement shall rest with the
owners. No building, fence, shrub, tree or other improvements or growths,
which in any way may endanger or interfere with the visibility, shall
be constructed in, on, over or across the VAM Easement. The City shall
also have the right but not the obligation to add any landscape improvements
to the VAM Easement, to erect any traffic-control devices or signs
on the VAM Easement and to remove any obstruction thereon. The City,
its successors, assigns, or agents shall have the right and privilege
at all times to enter upon the VAM Easement or any part thereof for
the purposes and with all rights and privileges set forth herein.
e.
Access
Easements
(if applicable):
(1)
The undersigned does covenant and agree that the Access Easement
may be utilized by any person or the general public for ingress and
egress to other real property, and for the purpose of General Public
vehicular and pedestrian use and access, and for Fire Department and
emergency use in, along, upon and across said premises, with the right
and privilege at all times of the City of Lufkin, its agents, employees,
workmen and representatives having ingress, egress, and regress in,
along, upon and across said premises.
(Ordinance 3693 adopted 4/6/2004, as revised through 1/4/2012)
A.
Replat Required.
Unless otherwise expressly provided for herein, a property owner
who proposes to replat any portion of an already approved final plat,
other than to amend or vacate the plat, must first obtain approval
for the replat under the same standards and by the same procedures
prescribed for the final platting of land by these regulations. All
improvements shall be constructed in accordance with the same requirements
as for a preliminary or final plat, as provided herein. The City Engineer
(or designee) may waive or modify requirements for a preliminary plat
under circumstances where the previously approved preliminary plat
is sufficient to achieve the purposes set forth in this Ordinance.
B.
Replatting
Without Vacating Preceding Plat.
A replat of a final
plat or portion of a final plat may be recorded and is controlling
over the preceding plat without vacation of that plat if the replat:
1.
Is signed
and acknowledged by only the owners of the property being replatted;
2.
Is approved,
after a public hearing on the matter at which parties in interest
and citizens have an opportunity to be heard, by the Planning and
Zoning Commission; and
3.
Does not
attempt to amend or remove any covenants or restrictions previously
incorporated in the final plat.
C.
Previous
Requirements or Conditions of Approval Which Are Still Valid.
In addition to compliance with B above, a replat without vacation
of the preceding plat must conform to the requirements of this section
if:
1.
During
the preceding five (5) years, any of the area to be replatted was
limited by an interim or permanent zoning classification to residential
use for not more than two (2) residential units per lot; or
2.
Any lot
in the preceding plat was limited by deed restrictions to residential
use for not more than two (2) residential units per lot.
3.
Notice
of the public hearing required under B above shall be given before
the fifteenth (15th) day before the date of the public hearing by
the Planning and Zoning Commission by publication in an official newspaper
or a newspaper of general circulation in Angelina County. Notice of
the public hearing shall also be given by written notice, with a copy
of any requested waivers/suspensions, sent to the owners, as documented
on the most recently approved ad valorem tax roll of the City, of
lots that are in the original subdivision and that are within two
hundred (200) feet of the lot(s) to be replatted. In the case of a
subdivision in the extraterritorial jurisdiction, the most recently
approved County tax roll shall be used. The written notice may be
delivered by depositing the notice, properly addressed with postage
prepaid, in a post office or postal depository within the boundaries
of the City. If the replat is denied by the Planning and Zoning Commission
and appealed to the City Council, no public hearing is required at
the City Council.
4.
If the owners of twenty percent (20%) or more of the owners of the area of lots to whom notice is required to be given under Subsection C.3 above file with the City a written protest of the replatting before or at the public hearing, and if the replat requires a waiver/suspension as defined in Section 1.11, then approval of the replat will require the affirmative vote of at least three-fourths (3/4) of the Planning and Zoning Commission members present. For a legal protest, written instruments signed by the owners of at least twenty percent (20%) of the area of the lots or land immediately adjoining the area covered by the proposed replat and extending two hundred feet (200) from that area, but within the original subdivision, must be filed with the City prior to the close of the public hearing. In computing the percentage of land area subject to the “20% rule” described above, the area of streets and alleys shall be included.
5.
Compliance
with Subsection C.4 above is not required for approval of a replat
or part of a preceding plat if the area to be replatted was designated
or reserved for other than single or duplex family residential use
by notation on the last legally recorded plat or in the legally recorded
restrictions applicable to the plat.
6.
Replats
shall clearly show the area which is replatted.
a.
Any replat
which adds or deletes lots must include the original subdivision and
lot boundaries.
b.
If a
replat is submitted for only a portion of a previously platted subdivision,
the replat must reference the previous subdivision name and recording
information, and must state on the replat the specific lots which
have changed. The original parcel, tract or lot line shall be differentiated
or illustrated on the replat.
7.
If the
previous plat is vacated as prescribed in Section 212.013 of the Texas
Local Government Code, a public hearing is not required for a replat
of the area vacated.
8.
The replat
of the subdivision shall meet all the requirements for a final plat
for a new subdivision that may be pertinent, as provided for herein.
9.
The title
shall identify the document as “_____ Addition, Block _____
, Lot(s) _____ , Being a Replat of Block _____ , Lot(s) _____ of the
____ Addition, an addition to the City of Lufkin, Texas, as recorded
in Volume/Cabinet _____, Page/Slide _____ of the Plat Records of Angelina
County, Texas.”
10.
An application submittal for a replat shall be accompanied by the required number of copies of the plat, a completed application form, the required filing fee (per the City’s plat submission guidelines, as may be amended from time to time), and a certificate showing that all taxes have been paid on the subject property and that no delinquent taxes exist against the property in accordance with Section 1.14.
11.
The replat
shall be filed at the County in the same manner as prescribed for
a final plat.
(Ordinance 3693 adopted 4/6/2004, as revised through 1/4/2012)
A.
An amended plat shall meet all of the informational and procedural requirements set forth for a final plat, and shall be accompanied by the required number of copies of the plat, a completed application form, the required filing fee (per the City’s plat submission guidelines, as may be amended from time to time), and a certificate showing that all taxes have been paid on the subject property and that no delinquent taxes exist against the property in accordance with Section 1.14.
B.
The City
Engineer (or designee) and the Director of Planning (or designee)
may approve an amending plat, which may be recorded and is controlling
over the preceding or final plat without vacation of that plat, if
the amending plat is signed by the applicants only and if the amending
plat is for one or more of the purposes set forth in this Section.
The procedures for amending plats shall apply only if the sole purpose
of the amending plat is to:
1.
Correct
an error in a course or distance shown on the preceding plat;
2.
Add a course
or distance that was omitted on the preceding plat;
3.
Correct
an error in a real property description shown on the preceding plat;
4.
Indicate
monuments set after the death, disability, or retirement from practice
of the engineer or surveyor responsible for setting monuments;
5.
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;
6.
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;
7.
Correct
an error in courses and distances of lot lines between two adjacent
lots if:
8.
Relocate
a lot line to eliminate an inadvertent encroachment of a building
or other improvement on a lot line or easement;
10.
To make
necessary changes to the preceding plat to create six (6) or fewer
lots in the subdivision or a part of the subdivision covered by the
preceding plat if:
a.
The
changes do not affect applicable zoning and other regulations of the
City;
b.
The
changes do not attempt to amend or remove any covenants or restrictions;
and
c.
The
area covered by the changes is located in an area that the City has
approved, after a public hearing, as a residential improvement area.
C.
Notice, a
public hearing, and the approval of other lot owners are not required
for the approval and issuance of an amending plat.
D.
The amended
plat shall be entitled and clearly state that it is an “amended
plat.” It shall also state the specific lots affected or changed
as a result of the amended plat, and shall include the original subdivision
plat boundary. All references to “final plat” or “replat”
shall be removed.
E.
Other than noted above, the procedure for approval of plat amendment(s) shall be the same as in Section 2.7 [sic].
F.
The amended
plat shall be filed at the County in the same manner as prescribed
for a final plat.
(Ordinance 3693 adopted 4/6/2004, as revised through 1/4/2012)
A.
By Property
Owner.
The property owner of the tract covered by a plat
may vacate, upon the approval of the Planning and Zoning Commission,
the plat at any time before any lot in the plat is sold. The plat
is vacated when a signed, acknowledged instrument declaring the plat
vacated is approved and recorded in the manner prescribed for the
original plat.
B.
By All Lot
Owners.
If some or all of the lots covered by the plat
have been sold, the plat, or any part of the plat, may be vacated
on the application of all the owners of lots in the plat with approval
obtained in the manner prescribed for the original plat.
C.
Criteria.
The Planning and Zoning Commission shall approve the petition
for vacation on such terms and conditions as are in accordance with
Section 212.013 of the Texas Local Government Code, and as are reasonable
to protect the public health, safety and welfare. As a condition of
vacation of the plat, the Planning and Zoning Commission may direct
the petitioners to prepare a revised final plat in accordance with
these regulations such that the property does not become “unplatted.”
D.
Effect of
Action.
On the execution and recording of the vacating
instrument, the vacated plat shall have no effect. Regardless of the
Planning and Zoning Commission’s action on the petition, the
property owner or developer will have no right to a refund of any
monies, fees or charges paid to the City nor to the return of any
property or consideration dedicated or delivered to the City except
as may have previously been agreed to by the Planning and Zoning Commission.
An appeal of the Commission’s action may be made to the City
Council; such an appeal shall be filed within five (5) days and the
City Council shall act upon the application within thirty (30) days
following the Commission’s action.
E.
City-Initiated
Plat Vacation.
1.
General
Conditions.
Upon an individual affirmative vote of both
the Planning and Zoning Commission and City Council the City may vacate
the plat of an approved subdivision or addition when:
a.
No lots
within the approved plat have been sold within five (5) years from
the date that the plat was signed by the City;
b.
The property
owner has breached an improvement agreement and the City is unable
to obtain funds with which to complete construction of public improvements,
except that the vacation shall apply only to lots owned by property
owner or its successor; or
c.
The plat
has been of record for more than five (5) years and the City determines
that the further sale of lots within the subdivision or addition presents
a threat to public health, safety and/or welfare, except that the
vacation shall apply only to lots owned by the property owner or its
successors.
2.
Procedure.
Upon any consideration of the Planning and Zoning Commission
or City Council to vacate the plat of any previously approved subdivision
or addition, in whole or in part, the City shall publish notice in
the official City newspaper of general circulation, and shall also
notify the property owner(s) within the boundaries of the plat proposed
to be vacated. The notice shall state the time and place for a public
hearing on the motion to vacate the subdivision or addition plat.
The Commission shall recommend approval and the City Council shall
approve the vacation only if the criteria and conditions cited above
are satisfied.
3.
Record
of Notice.
If the Commission and City Council approve
vacating a plat, the City Secretary shall record a copy of the resolution
or ordinance in the office of the County Clerk of Angelina County
with a copy of the area or plat vacated. The County Clerk shall write
legibly on the vacated plat the word “vacated” and shall
enter on the plat a reference to the volume and page at which the
vacating instrument is recorded. If the Commission and City Council
adopt a resolution or ordinance vacating a plat in part, it shall
cause a revised final plat to be recorded which shows that portion
of the original plat that has been vacated and that portion that has
not been vacated. On the execution and recording of the vacating instrument
the vacated plat has no effect.
(Ordinance 3693 adopted 4/6/2004, as revised through 1/4/2012)
A.
A minor plat shall meet all of the informational and procedural requirements set forth for a final plat, and shall be accompanied by the required number of copies of the plat, a completed application form, the required filing fee (per the City’s plat submission guidelines, as may be amended from time to time), and a certificate showing that all taxes have been paid on the subject property and that no delinquent taxes exist against the property in accordance with Section 1.14.
B.
The City
Engineer (or designee) and Director of Planning (or designee) may
approve a minor plat, or may, for any reason, elect to present the
minor plat to the Planning and Zoning Commission and/or City Council
for consideration and approval. Any decision made on the minor plat
by the City Engineer (or designee) and Director of Planning (or designee)
shall be approval of the plat. Should the City Engineer (or designee)
and Director of Planning (or designee) refuse to approve the minor
plat, then the plat shall be referred to the Planning and Zoning Commission
for consideration within the time period required by State law.
C.
Notice,
a public hearing, and the approval of other lot owners are not required
for the approval [of] a minor plat.
D.
The minor
plat shall be entitled and clearly state that it is a “minor
plat.”
E.
The minor
plat shall be filed at the County in the same manner as prescribed
for a final plat.
F.
When an
existing non-platted parcel, of one acre or larger, is divided from
a parent tract of ten acres or more, the owner of the tract is required
to prepare a one lot subdivision plat. This is permitted one time
only.
(Ordinance 3693 adopted 4/6/2004, as revised through 1/4/2012)
