(a) Plans for
the development of land within the scope of this Ordinance shall be
drawn and submitted to the Commission and Council for their approval
or disapproval, as provided in herein.
(b) Notwithstanding
any provision of this Ordinance to the contrary, a developer shall
not commence construction activities within the City’s jurisdiction,
including clearing and/or rough grading, before first obtaining all
the City approvals required by this Ordinance.
(c) Generally,
the subdivision process is comprised of four (4) individual steps,
including the Concept Plan, the Preliminary Plat, Construction Plans,
and the Final Plat. Each step of the development process has established
deadlines and expirations that must be met in order for the application
and any approval(s) granted to remain valid, in effect and eligible
to continue to the next step of, or to complete, the development process.
Compliance with each such established deadline constitutes a separate
required performance and approval.
(Ordinance 2003-06-16-007 adopted 6/16/03)
(a) Purpose.
The purpose of the Concept Plan is to demonstrate conformance
with the Master Plan, compatibility of the proposed development with
this and other applicable City ordinances, and the coordination of
improvements within and among individually platted parcels, sections,
or phases of a development, prior to the consideration of a Preliminary
Plat.
(1) A Concept
Plan shall be required for all subdivisions of land, except as otherwise
provided for in this Ordinance for Short Form Final Plats.
(2) The
Concept Plan shall include all adjacent and contiguous land, owned
or controlled by the developer or the person, firm or corporation
that sold the tract being developed.
(3) It shall
not be necessary to submit a Concept Plan on any land more than once,
unless the concept substantially or materially changes, or approval
of the precedent Concept Plan has expired, as defined in this Ordinance.
(b) Format.
It is recommended that a Concept Plan be drawn on twenty-four
by thirty-six inch (24" x 36") sheet(s) at a scale of one (1) inch
equals one (1) hundred feet (1" = 100') or one (1) inch equals two
(2) hundred feet (1" = 200') with all dimensions measured accurately
to the nearest foot.
(c) Content.
The Concept Plan shall contain or have attached thereto:
(1) Name,
address and phone numbers of the developer, record owner, and authorized
agents (engineer, surveyor, land planner, etc.).
(2) Proposed
name of the development; date revised and/or prepared; north indicator;
scale.
(3) Location
map drawn at a scale of two thousand (2,000) feet per inch showing
the area within a one (1) mile radius of the proposed subdivision.
Use of the latest USGS 7.5 minute quadrangle map is recommended.
(4) A layout
of the entire tract and its relationship to adjacent property, existing
development and recorded plats.
(5) The
owner’s name, deed or plat reference and property lines of property
within three hundred (300) feet of the development boundaries, as
determined by current tax rolls.
(6) Topographic
contours at ten (10) foot intervals, or less, unless otherwise approved
by the City.
(7) Proposed
major categories of land use by acreage showing compatibility of land
use with, or proposed variance from, the Master Plan.
(8) Proposed
number of residential and non-residential lots, tracts or parcels
of together with the estimated:
(i) number
of LUEs required for each category of lots; and
(ii) traffic volume to be generated by all proposed development other
than single family residential.
(9) Proposed
and existing arterial and collector streets to serve the general area.
(10) Location
of sites for parks, schools and other public uses, and all areas of
common ownership.
(11) Significant
drainage features and structures including any regulatory one hundred
(100) year flood plains.
(12) Significant
existing features on or within 200 feet of the property, such as railroads,
roads, buildings, utilities and drainage structures.
(13) Approximate
boundaries and anticipated timing of proposed phases of development.
(14) Identification
of known exceptional topographical, cultural, historical, archaeological,
hydrological and other physical conditions of the property to be developed,
or existing within two hundred (200) feet of the property, which will
require the establishment of reasonable design standards in excess
of the established minimum standards or require a variance from those
established minimum standards as defined in this Ordinance.
(15) Location
of City limit lines and/or outer border of the City’s extra-territorial
jurisdiction, as depicted on the City’s most recent base map,
if either such line traverses the development or is contiguous to
the development’s boundary.
(16) A
proposed phasing plan for the development of future sections.
(d) Procedure.
A Concept Plan shall be submitted to the City for approval by
both the Commission and the Council.
(1) Legible
prints, as indicated on the application form, shall be submitted at
least thirty (30) days prior to the regular meeting of the Commission
along with the completed application forms, and payment of all applicable
fees and any attendant documents needed to supplement the information
provided on the plan.
(2) City
staff shall review all Concept Plan submittals for completeness at
the time of application. If in the judgment of City staff, the Concept
Plan submittal substantially fails to meet the minimal informational
requirements as outlined above, it will not be accepted for review.
(3) Prior
to the Commission meeting at which the Concept Plan is to be heard,
City staff shall review the plan for consistency with City codes,
policies and plans.
(4) City
staff shall prepare a report analyzing the Concept Plan submittal,
as well as any comments received concerning the Concept Plan, and
recommending either approval or disapproval of the Concept Plan. This
report shall be available at least five (5) working days prior to
the Commission meeting.
(5) If the
developer chooses to withdraw the Concept Plan, he/she may do so in
writing delivered by noon of the third working day preceding the Commission
meeting. A withdrawn Concept Plan may be resubmitted and appear on
the next Commission agenda after repayment of the applicable fees.
(e) Notification.
All owners of property (as determined by the most recent tax
rolls from the County Appraisal District), any part of which is located
within three hundred (300) feet of the perimeter of the land to be
developed, shall be notified by mail.
(1) The
developer shall post signs along contiguous rights-of-way at each
corner of the development and at intervals that do not exceed three
hundred (300) feet between said corners. Signs must be in accordance
with the City Standard Details and Specifications.
(2) The
City shall publish a public notice at least once in a newspaper of
general circulation in the City not fewer than fifteen (15) nor more
than thirty (30) days prior to said public hearing.
(3) The
City shall mail public notification forms, postmarked no fewer than
fifteen (15) days prior to the appropriate Commission hearing, to
the owners of all property, any part of which is located within three
hundred (300) feet of the perimeter of the property included within
the Concept Plan.
(f) Approval.
The Commission and Council, after holding public hearings in
accordance with City ordinances and codes, shall approve or disapprove
the Concept Plan.
(1) The
failure of either the Commission or the Council to act within thirty
(30) days of the Concept Plan’s respective filing date with
the Commission or Council shall be deemed an approval of the plan
by the respective body, except as otherwise agreed to by the developer.
(2) The
Council, within thirty (30) days of the filing date, shall either
confirm the action of the Commission, disapprove the Concept Plan
or request that the Commission consider the Council’s recommendation
at the next regularly scheduled Commission meeting. Plans that are
disapproved as submitted may be resubmitted without charge within
sixty (60) days of disapproval with correction.
(3) The
Council may delete or amend conditions established by the Commission
and may attach additional conditions; provided that pursuant to its
authority, the Council may, as to any subdivision, grant variances
to, or waive any term or provision of this ordinance.
(4) If the
Concept Plan is resubmitted to the Commission for consideration of
the Council’s recommendation, then the subsequent action of
the Commission shall be returned to the Council promptly for final
action by Council.
(5) If applicable,
zoning of the tract shall permit the uses proposed by the Concept
Plan, or a zoning amendment necessary to permit the proposed uses
shall be required prior to approval of the Concept Plan.
(6) Approval
of a Concept Plan constitutes acceptance of the general development
and arrangement of lots indicated on the plan; the classification
and arrangement of streets indicated; the proposed phasing plan; and
the nature of utility service proposed. Subsequent zoning approvals
cannot be guaranteed.
(7) Concept
Plan approval does not ensure approval of a Preliminary Plat failing
to meet specific requirements of this Ordinance, and approval does
not comprise any vesting of development rights or any assurance that
permits of any kind will be issued.
(8) Upon
approval of the Concept Plan, the developer shall submit one (1) mylar
copy of the approved Concept Plan to be kept on file as a public record
in the office of the City.
(g) Expiration.
The approval of a Concept Plan shall expire one (1) year after
the filing date unless:
(1) a Preliminary
Plat on all, or a portion of, the land is filed prior to such expiration
date, or
(2) an extension
is granted by the City Council in accordance with this Ordinance;
or
(3) the
development proceeds in accordance with an approved phasing plan.
At such time as the development lags one (1) year behind the approved
phasing plan, the approval shall expire if the developer does not,
prior to the expiration date, submit and obtain approval of a written
request for the extension and continuance of the Concept Plan prior
to expiration.
(4) If a
Concept Plan expires, it may be reinstated only upon resubmittal of
the unaltered, approved plan to the Council and if it receives reinstatement
from the Council. All fees shall be repaid as if the plan were initially
being submitted.
(h) Extension.
The developer may apply for an extension, in writing, prior
to the end of the initial twelve (12) month period, stating reasons
for needing the extension and demonstrating subsequent development
activity in accordance with this Ordinance. Upon receipt of this written
request, the Commission may, at its discretion, grant an additional
six (6) month extension so long as the Concept Plan remains consistent
with the Master Plan and/or ordinances of the City.
(i) Revision.
If a revision to a previously approved Concept Plan is required,
all changes must be completed on the one (1) mylar copy on file in
the office of the City, and resubmitted to the Commission and Council
for approval. All fees shall be repaid as if the Concept Plan was
initially being submitted.
(Ordinance 2003-06-16-007 adopted 6/16/03)
(a) Purpose.
The Preliminary Plat provides detailed graphic information and
associated text indicating property boundaries, easements, land use,
streets, utilities, drainage, and other information required to evaluate
proposed subdivisions of land. A Preliminary Plat shall be required
for any subdivision of land, except as otherwise provided for in this
Ordinance, subsequent to Concept Plan approval.
(b) Format.
It is recommended that the Preliminary Plat be drawn on twenty-four
by thirty six inch (24" x 36") sheet(s) at a scale of one (1) inch
equals one hundred feet (1" = 100') with all dimensions labeled accurately
to the nearest foot. When more than one (1) sheet is necessary to
accommodate the entire area, an index sheet showing the entire subdivision
at a scale of one (1) inch equals four hundred feet (1" = 400') shall
be attached to the plat.
(c) Content.
The Preliminary Plat shall include all of the tract intended
to be developed at one (1) time, and any off-site improvements required
to accommodate the project. The Preliminary Plat shall contain or
have attached thereto:
(1) General
Information.
(i) Name,
address and phone numbers of the developer, record owner, and authorized
agents (engineer, land planner, etc.).
(ii) The proposed name of the subdivision, which shall not have the same
spelling or be pronounced similarly to the name of any other subdivision
located within the City or within the extraterritorial jurisdiction
of the City, provided however that use of the same base names for
different sections or phases is required when the units are contiguous
with their namesakes and individually identified by a section or phase
number.
(iii) The date, scale, and north indicator.
(iv) A location map showing the relation of the subdivision to streets
and other prominent features in all directions for a radius of at
least one (1) mile using a scale of one (1) inch equals two thousand
feet (1" = 2,000'). The latest edition of the USGS 7.5 minute quadrangle
map is recommended.
(v) The
owner’s name, deed or plat reference and property lines of property
within three hundred (300) feet of the subdivision boundaries as determined
by the most recent tax rolls.
(vi) Certification and signature blocks as required by the City and the
County.
(vii) The total acreage of the property to be subdivided and the subtotals
by land use.
(2) Existing
Conditions.
(i) The
existing property lines, including bearings and distances, of the
land being subdivided. Property lines shall be drawn sufficiently
wide to provide easy identification.
(ii) The location of existing water courses, dry creek beds, wells, sinkholes
and other similar topographic features.
(iii) Significant Trees, within the boundaries of the subdivision and of
8-inch caliper and larger, shall be shown accurately to the nearest
one (1) foot, Critical Root Zones of these trees shall also be shown.
(iv) Centerline of water courses, creeks, existing drainage structures
and other pertinent data shall be shown.
(v) Areas
subject to flooding shall be shown, delineating the regulatory one
hundred (100) year floodplain, and any other floodplains identified
in the City’s Master Drainage Plan.
(vi) Topographic data indicating one (1) foot contour intervals for slopes
less than 5%, two (2) foot contour intervals for slopes between 5%
and 10%, and five (5) foot contour intervals for slopes exceeding
10%. The contoured area shall extend outward from the property boundary
for a distance equal to twenty-five percent (25%) of the distance
across the tract, but not fewer than fifty (50) feet nor more than
two hundred (200) feet.
(vii) The locations, sizes and descriptions of all existing utilities,
including but not limited to wastewater lines, lift stations, wastewater
and storm sewer manholes, water lines, water storage tanks, and wells
within the subdivision, and/or adjacent thereto.
(viii) The location, dimensions, names and descriptions of all existing
or recorded streets, alleys, reservations, railroads, easements or
other public rights-of-way within the subdivision, intersecting or
contiguous with its boundaries or forming such boundaries, as determined
from existing deed and plat records. The existing right-of-way width
of any boundary street to the proposed subdivision shall also be shown.
(ix) The location of City limit lines and/or outer border of the City’s
extra-territorial jurisdiction, as depicted on the City’s most
recent base map, if either traverses the subdivision or is contiguous
to the subdivision boundary.
(3) Improvements.
(i) The
location, size and description of any proposed drainage appurtenances,
including storm sewers, detention ponds and other drainage structures
proposed to be constructed on and off the site, and designed in accordance
with the requirements of this Ordinance.
(ii) The developer shall include a copy of the complete application for
flood plain map amendment or revision, as required by the Federal
Emergency Management Agency (FEMA), if applicable.
(iii) The location, dimensions, names and descriptions of all proposed
streets, alleys, parks, open spaces, blocks, lots, reservations, easements
and rights-of-way; and areas within the subdivision indicating the
connection to or continuation of other improvements in adjacent subdivisions.
(iv) The location of building setback lines indicated by dashed lines
on the plat
(v) Numbers
to identify each lot and letters or numbers to identify each block.
(vi) The lengths of each proposed property line of all lots. The area
of each non-rectangular lot shall be provided.
(vii) Significant Trees to remain during construction showing the Critical
Root Zones as solid circles, and Significant Trees designated to be
removed showing the Critical Root Zones as dashed circles.
(viii) Replacement Trees shall be shown on the Preliminary Plat based on
a replacement ratio (inches removed to inches planted) of
a) 1:2 for Significant Trees eighteen (18) inches in caliper and larger,
and
b) 1:1 for Significant Trees between eight (8) and eighteen (18) in
caliper.
c) Replacement Trees shall not be required for the removal of trees
smaller than eight (8) inches in caliper. The removal of Significant
Trees larger than eighteen inches in caliper require Council approval.
(4) Support
Documents.
(i) A
drainage study, consisting of a Drainage Area Map with contours, location
and capacities of existing and proposed drainage features, and calculations
in accordance with this Ordinance and good engineering practices,
shall be provided to ensure the property will be developed in accordance
with City drainage policies.
(ii) Utility demand data, consistent with the proposed uses indicated
on the Preliminary Plat, to determine the adequacy and the consistency
of proposed utility improvements.
(iii) A letter of certification, when applicable, that the plat has been
submitted to the County Health District for review (applicable to
all projects proposing septic systems and/or containing any portion
of the regulatory one hundred (100) year floodplain outside of the
City limits).
(5) Accuracy
of Data. The applicant shall be responsible for verifying the accuracy
of all data submitted, including that which might be obtained from
the City, excepting that data which can only be obtained from the
City.
(d) Procedure.
A Preliminary Plat for any proposed subdivision of land, shall
be submitted to the City for Commission and Council review and approval.
(1) Legible
prints, as indicated on the application form, shall be submitted at
least thirty (30) days prior to the regular meeting of the Commission
at which the Preliminary Plat is to be heard, along with the following:
(i) Completed
application forms and the payment of all applicable fees.
(ii) A summary letter stating briefly the type of street surfacing, drainage,
water and wastewater facilities proposed, and declaring the intent
to either dedicate park land or pay fees-in-lieu of said dedication
if such dedication or fees apply.
(iii) A petition requesting annexation, if applicable.
(iv) A letter requesting any variances from the provisions of this Ordinance.
(v) Any
attendant documents needed to supplement the information provided
on the Preliminary Plat.
(2) For
projects located within the City’s extra-territorial jurisdiction,
one (1) extra copy of the above referenced items must be provided
to the County for review and approval. The applicant shall be responsible
for any additional information required by the County for Preliminary
Plan approval.
(3) City
staff shall review all Preliminary Plat submittals for completeness
at the time of application. If, in the judgment of City staff, the
Preliminary Plat submittal substantially fails to meet the minimal
informational requirements as outlined above, it will not be accepted
for review.
(4) Prior
to the Commission meeting at which the Preliminary Plat is presented,
City staff shall review the plat for consistency with City ordinances,
codes, policies and plans.
(5) City
staff shall prepare a report analyzing the Preliminary Plat submittal,
as well as any comments received concerning the Concept Plan, and
recommending either the approval or disapproval of the Preliminary
Plat. This report shall be available at least five (5) working days
prior to the Commission meeting.
(6) If the
developer chooses to withdraw the Preliminary Plat, in writing, by
noon of the third working day preceding the meeting [of the] Commission,
the submittal may appear on the next Commission agenda after repayment
of the applicable fees.
(e) Notification.
Public notification for a Preliminary Plat shall be the same
as the notification procedures for the Concept Plan.
(1) Approval.
The Commission, after holding public hearings in accordance
with City ordinances and codes, shall act on the request for Preliminary
Plat approval and forward its recommendations to the City Council.
(2) The
failure of the Commission to act within thirty (30) days of the Preliminary
Plat filing date for which the City staff has reported compliance
with this ordinance shall be deemed a recommendation of approval of
the plat, except as otherwise agreed to by the developer.
(3) Zoning
of the tract, if applicable, that shall permit the uses proposed by
the Preliminary Plat, or any pending zoning amendment necessary to
permit the proposed uses shall have been adopted by the Council prior
to approval of the Preliminary Plat.
(4) Approval
of the Preliminary Plat by the Commission and Council shall not constitute
approval of the Final Plat, but shall constitute a vesting of the
right to develop under City ordinances, codes and policies in effect
on the date of the approval provided that neither the Preliminary
Plat nor any subsequent plat or permit has been, or is, allowed to
expire.
(5) The
developer should be aware that specific approvals from other agencies
may be required.
(6) Upon
approval of the Preliminary Plat, the developer shall furnish one
(1) mylar reproducible copy of the approved Plat to be kept on file
at the City as public record.
(f) Expiration.
(1) The
approval of the Preliminary Plat shall expire twelve (12) months after
the filing date, unless
(i) a
corresponding Final Plat on all, or a portion of, the land approved
on the Preliminary Plat is filed, or
(ii) an extension is granted by the Commission in accordance with this
Ordinance.
(2) If a
Preliminary Plat expires, it may be reinstated only upon resubmittal
of the unaltered, approved plat to the Council and if it receives
reinstatement from the Council. All fees shall be repaid as if the
plat were initially being submitted.
(g) Extension.
The developer may apply for an extension, in writing, prior
to the end of the initial twelve (12) month period, stating reasons
for needing the extension and demonstrating pursuit of approvals for
Construction Plans and/or Final Plat in accordance with this Ordinance.
Upon receipt of this written request, the Council may, at its discretion,
grant up to a two (2) year extension so long as the Preliminary Plat
remains consistent with the Master Plan and/or ordinances of the City.
(h) Revision.
If a revision to a previously approved Preliminary Plat is required,
then no application for Final Plat shall be accepted until the revised
Preliminary Plat has been submitted and approved by the Commission
and Council. This signed, approved document shall be kept on file
as public record in the offices of the City.
(i) Responsibility.
Notwithstanding the approval of any Preliminary Plat by the
Council, Commission or the City Engineer, the developer and the engineer
that prepares and submits such plats shall be and remain responsible
for the adequacy of the design and nothing in this Ordinance shall
be deemed or construed to relieve or waive the responsibility of the
developer or his/her engineer for or with respect to any plat submitted.
(Ordinance 2003-06-16-007 adopted 6/16/03)
(a) Purpose.
Construction plans, based upon the approved Preliminary Plat,
and consisting of detailed specifications and diagrams illustrating
the location, design, and composition of all improvements identified
in the Preliminary Plat phase and required by this Ordinance and other
applicable City ordinances, codes and policies, shall be submitted
to the City for approval. In addition, any project that necessitates
the construction, reconstruction or modification of existing City
infrastructure shall also be submitted to the City for approval. The
plans shall be kept by the City as a permanent record of required
improvements in order to:
(1) Provide
better records that facilitate the operation and maintenance of, and
any future modifications to existing City infrastructure.
(2) Provide
data for evaluation of materials, methods of construction and design.
(3) Provide
documentation of approved public improvements to ensure that all such
improvements are built to City standards and specifications.
(4) No Final
Plat shall be certified by the City, and no construction activities
shall commence, until such time as Construction Plans completely describing
the on-site and off-site improvements required by this Ordinance and
other applicable City ordinances and codes, have been approved by
the City Engineer.
(b) Format.
Drawings shall be on twenty-four inch by thirty-six inch (24"
x 36") sheets at generally accepted horizontal and vertical engineering
scales.
(c) Content.
Construction plans shall include all on and off-site improvements
required to serve the proposed development as indicated on the approved
Preliminary Plat and in compliance with applicable ordinances, codes,
standards and policies of the City, and other applicable governmental
entities. All Construction Plans shall be signed and sealed by a registered
professional engineer, licensed to practice in the State of Texas,
and shall contain or have attached thereto:
(1) Cover
Sheet.
(i) the
appropriate project name, date, and the name, addresses and phone
numbers of the developer, engineer and surveyor, etc.
(ii) a location map showing the relation of the subdivision to streets
and other prominent features in all directions for a radius of at
least one (1) mile using a scale of one inch equals two thousand feet
(1" = 2,000'). The latest edition of the USGS 7.5 minute quadrangle
map is recommended.
(2) Street
and Roadway Systems:
(i) The
horizontal layouts and alignments showing geometric data and other
pertinent design details. The horizontal layout shall also show the
direction of storm water flow and the location of manholes, inlets
and special structures;
(ii) Vertical layouts and alignments showing existing and proposed center
line, right and left right-of-way line elevations along each proposed
roadway.
(iii) Typical right-of-way cross sections showing pertinent design details
and elevations as prescribed in the City Standard Details and Specifications;
(iv) Typical paving sections showing right-of-way width, lane widths,
median widths, shoulder widths, and pavement recommendations;
(v) Attendant
documents containing any additional information required to evaluate
the proposed roadway improvements, including geotechnical information;
and
(3) Drainage
Improvements:
(i) Detailed
design of all drainage facilities as indicated in the Preliminary
Plat phase, including typical channel or paving section, storm sewers
and other storm water control facilities.
(ii) Typical channel cross-sections, plan and profile drawings of every
conduit/channel shall be shown.
(iii) Existing and proposed topographic conditions indicating one (1) foot
contour intervals for slopes less than 5%, two (2) foot contour intervals
for slopes between 5% and 10%, and five (5) foot contour intervals
for slopes exceeding 10%, and referenced to a United States Geological
Survey or Coastal and Geodetic Survey bench mark or monument.
(iv) Attendant documents containing design computations in accordance
with this Ordinance, and any additional information required to evaluate
the proposed drainage improvements.
(v) A
copy of the complete application for flood plain map amendment or
revision, as required by the Federal Emergency Management Agency (FEMA),
if applicable.
(4) Erosion
and Sedimentation Controls:
(i) Proposed
fill or other structure elevating techniques, levees, channel modifications
and detention facilities.
(ii) Existing and proposed topographic conditions with vertical intervals
not greater than one (1) foot referenced to a United States Geological
Survey or Coastal and Geodetic Survey bench mark or monument.
(iii) The location, size, and character of all temporary and permanent
erosion and sediment control facilities with specifications detailing
all on-site erosion control measures which will be established and
maintained during all periods of development and construction.
(iv) Contractor staging areas, vehicle access areas, temporary and permanent
spoils storage areas.
(v) A
plan for restoration for the mitigation of erosion in all areas disturbed
during construction.
(5) Water
Distribution Systems:
(i) The
layout, size and specific location of the existing and proposed water
mains, pump stations, storage tanks and other related structures sufficient
to serve the proposed land uses and development as identified in the
Preliminary Plat phase and in accordance with the City Standard Details
and Specifications.
(ii) The existing and proposed location of fire hydrants, valves, meters
and other fittings.
(iii) Design details showing the connection with the existing City water
system.
(iv) The specific location and size of all water service connections for
each individual lot.
(v) Attendant
documents containing any additional information required to evaluate
the proposed water distribution system.
(6) Wastewater
Collection Systems:
(i) The
layout, size and specific location of the existing and proposed wastewater
lines, manholes, lift stations, and other related structures sufficient
to serve the land uses and development as identified in the Preliminary
Plat phase, in accordance with all current City standards, specifications,
and criteria for construction of wastewater systems.
(ii) Plan and profile drawings for each line in public right-of-ways or
public utility easements, showing existing ground level elevation
at center line of pipe, pipe size and flow line elevation at all bends,
drops, turns, and station numbers at fifty (50) foot intervals.
(iii) Design details for manholes and special structures. Flow line elevations
shall be shown at every point where the line enters or leaves the
manholes.
(iv) Detailed design for lift stations, package plants or other special
wastewater structures.
(v) Attendant
documents containing any additional information required to evaluate
the proposed wastewater system, and complete an application for State
Health Department approval.
(7) Street
Lighting. The location, size, type and description of street lights
according to City Standard Details and Specifications.
(8) Street
Signs. The location, size, type and description of street signs according
to City Standard Details and Specifications.
(9) Sidewalks.
The location, size and type of sidewalks and pedestrian ramps according
to City Standard Details and Specification.
(10) Improvements
for Parks and other Public and Common Areas - as identified and/or
approved on the Preliminary Plat.
(11) The
location, size and description of all Significant Trees (to remain
and to be removed), and Replacement Trees to meet the requirements
of this Ordinance.
(12) Landscaping
and Screening. The location, size and description of all landscaping
and screening materials as required by this Ordinance.
(13) Design
Criteria. Final design criteria, reports, calculations, and all other
related computations, if not previously submitted with the Preliminary
Plat.
(14) Cost
Estimates. A cost estimate of each required improvement, prepared,
signed and sealed by a professional engineer licensed to practice
in the State of Texas.
(d) Procedure.
After all necessary approvals of the Preliminary Plat have been
granted, Construction Plans, together with a completed application
form and review fee, shall be submitted to the City Engineer for approval.
(1) Construction
Plans may be submitted for review and approval simultaneously with
a Final Plat, provided however that the Final Plat shall not be approved
until the Construction Plans have been approved. If the Construction
Plans and the Final Plat are to be reviewed simultaneously, a complete
application for Construction Plans and a complete application for
Final Plat must be submitted to the City simultaneously.
(2) City
staff shall review all Construction Plan submittals for completeness
at the time of application. If in the judgment of the City, the Construction
Plan submittal substantially fails to meet the minimal informational
requirements as outlined above, it will not be accepted for review.
(3) The
City Engineer shall review the Construction Plans to insure compliance
with this Ordinance, and other applicable City ordinances, codes,
standards and specifications, and good engineering practices.
(4) For
projects located within the City’s extraterritorial jurisdiction,
the Construction Plans and attendant documents shall be provided to
the County for review and approval. The applicant shall be responsible
for any additional information required by the County for Construction
Plan approval.
(e) Approval.
Within thirty (30) days of the date on which all required information
has been accepted for review, the City Engineer shall either approve
or disapprove the Construction Plans.
(1) If the
Construction Plans are disapproved, the City Engineer shall notify
the applicant, in writing, of disapproval and indicate the requirements
for bringing the Construction Plans into compliance.
(2) If Construction
Plans are approved, then the City Engineer shall sign the cover sheet
of the Construction Plans, returning one (1) signed copy to the applicant
and retaining the other signed copy for City records.
(3) The
developer should be aware that specific approvals from other agencies
may be required.
(4) All
improvements shown in the approved Construction Plans shall be constructed
pursuant to and in compliance with the approved plans, except as otherwise
specifically approved.
(f) Revision.
Where it becomes necessary, due to unforeseen circumstances,
for corrections to be made to Construction Plans for which approval
has already been obtained, the City Engineer shall have the authority
to approve such corrections when, in his/her opinion, such changes
are warranted and also in conformance with City requirements. Approval
of such changes agreed to between the developer and City Engineer
shall be noted by initialing and dating by both parties on the two
(2) original signed copies of the Construction Plans.
(g) Responsibility.
Notwithstanding the approval of any Construction Plans by the
Council, Commission or the City Engineer, the developer and the engineer
that prepares and submits such plans and specifications shall be and
remain responsible for the adequacy of the design of all such improvements;
and nothing in this Ordinance shall be deemed or construed to relieve
or waive the responsibility of the developer or his/her engineer for
or with respect to any design, plans and specifications submitted.
(Ordinance 2003-06-16-007 adopted 6/16/03)
(a) Purpose.
The Final Plat provides detailed graphic information and associated
text indicating property boundaries, easements, streets, utilities,
drainage, and other information required for the maintenance of public
records of the subdivision of land.
(1) A Final
Plat shall be required for all subdivisions of land.
(2) The
Final Plat shall conform to the approved Construction Plans and approved
Preliminary Plat.
(b) Format.
The Final Plat shall be drawn on eighteen inch by twenty-four
inch (18" x 24") mylar sheets at a scale of one (1) inch equals one
hundred feet (1" = 100') with all dimensions labeled accurately to
the nearest one tenth (1/10) of a foot. When more than one (1) sheet
is necessary to accommodate the entire area, an index sheet showing
the entire subdivision at a scale of one (1) inch equals four hundred
feet (1" = 400') shall be attached to the plat.
(c) Content.
The Final Plat shall include all of the tract intended to be
developed at one (1) time, and shall contain or have attached thereto:
(1) General
Information.
(i) The
proposed name of the subdivision, which shall not have the same spelling
or be pronounced similarly to the name of any other subdivision located
within the City or within the extra-territorial jurisdiction of the
City; provided however, that use of the same base names for different
sections or phases is required when the units are contiguous with
their namesakes and individually identified by a section number.
(ii) The date, scale, north point, addresses of the owner of record, developer,
registered public surveyor, and registered professional engineer if
required, platting the tract. The engineer and surveyor shall affix
their seals to the plat in conjunction with the signing of the certification
requirements.
(iii) A location map showing the relation of the subdivision to streets
and other prominent features in all directions for a radius of at
least one (1) mile using a scale of one (1) inch equals two thousand
feet (1" = 2,000'). The latest edition of the USGS 7.5 minute quadrangle
map is recommended.
(iv) Identification and location of proposed uses and reservations for
all lots within the subdivision.
(v) The
owner’s names and the property lines of property within three
hundred (300) feet of the subdivision boundary, together with the
respective plat or deed references as determined by the most recent
tax rolls.
(vi) Certification, signature and revision blocks as required by the City
and County, including but not limited to the following:
(vii) Certification from a registered professional engineer and approval
by the State Health Department (if applicable) that water satisfactory
for human consumption is available in adequate supply at the time
of submission, except that such certification is not required if the
property will be served by the City water system.
(viii) Certification from the County Health District that a subdivision
is located in an area which cannot reasonably be served by an organized
wastewater collection system and that the use of septic tank or other
means of disposal has been approved by the County Health District.
Said certificate shall show the limitations, if any, of such approval.
(ix) Lot area, width and depth, public utility and drainage easements,
and setbacks shall conform to the requirements as established for
the designated land use as set forth in this Ordinance.
(2) Existing
Conditions.
(i) The
existing property lines, including bearings and distances, of the
land being subdivided. Property lines shall be drawn sufficiently
wide to provide easy identification.
(ii) Areas delineating the regulatory one hundred (100) year floodplain,
if applicable. This information must be certified by a registered
professional engineer.
(iii) The location, dimensions, names and descriptions of all existing
and recorded streets, alleys, reservations, railroads, easements or
other public rights-of-way within the subdivision, intersecting or
contiguous with its boundaries or forming such boundaries, as determined
from current deed and plat records. The existing right-of-way width
of any boundary street to the proposed subdivision shall also be shown.
(iv) Location of City limit lines and/or outer border of the City’s
extra-territorial jurisdiction, as depicted on the City’s most
recent base map, if either such line traverses the subdivision or
is contiguous to the subdivision boundary.
(3) Survey
Control Information.
(i) True
bearings and distances to the nearest established street lines, official
monuments, or existing subdivision corner which shall be accurately
described on the plat and rotated to the state plane coordinate system.
Using said system, X and Y coordinates shall be identified for four
(4) property corners.
(ii) The description and location of all permanent monuments or benchmarks,
standard monuments, survey control points and lot pins.
(iii) Suitable primary control points to which all dimensions, bearings
and similar data shall be referenced. At least one (1) corner of the
subdivision shall be located with respect to a corner of the original
survey of which it is a part.
(iv) Sufficient data shall be shown on the plat for each lot to prove
mathematical closure.
(4) Improvements.
(i) The
location, bearings, distances, widths, purposes and approved names
of proposed streets, alleys, easements and rights-of-way to be dedicated
to public use.
(ii) Streets. Provide complete curve data (delta, arc length, radius,
tangent, point of curve, point of reverse curve, point of tangent,
long chord with bearing) between all lot corner pins.
(iii) Water Courses and Easements. Provide distances to be provided along
the side lot lines from the right-of-way line or the high bank of
a stream. Traverse line to be provided along the edge of all major
waterways in a convenient location, preferably along a utility easement
if paralleling the drainage easement or stream.
(iv) The property lines and number designations of all proposed lots and
blocks, with complete bearings, distances and dimensions for front,
rear and side lot lines. The surveyor shall certify that all lots
meet the City’s minimum requirements set forth herein.
(v) The
use, property dimensions, names and boundary lines of all special
reservations to be dedicated for public use, including sites for schools,
churches, parks and open spaces; common ownership; or subsequent development.
(vi) The location of building setback lines, as required by the City’s
Zoning Ordinance and indicated by dashed lines on the plat, and the
location, dimensions, and descriptions of all required easements within
the subdivision, intersecting, or contiguous with its boundaries or
forming such boundaries.
(vii) The proposed location of sidewalks for each street, to be shown as
a dotted line inside the proposed right-of-way lines.
(5) Support
Documents. The following supporting documents must accompany the Final
Plat:
(i) Developer
shall include a copy of the approved application for flood plain map
amendment or revision, as required by the Federal Emergency Management
Agency (FEMA), if applicable.
(ii) If a subdivision is located in an area served by any utility other
than the City, the developer shall furnish a letter from such utility
certifying their approval of the location of the utility easements
shown on the plat and indicating the utility’s intent to serve
the property.
(iii) If the construction of all improvements needed to serve the subdivision
is not completed prior to the filing of the plat for recordation then
the developer must provide financial assurance for the completion
of the remainder of those improvements in accordance with this Ordinance.
(6) The
applicant shall be responsible for verifying the accuracy of all data
submitted.
(d) Procedure.
After approval of the Preliminary Plat and Construction Plans
for a proposed subdivision, a Final Plat for that subdivision shall
be submitted to the Commission and City for Council approval before
recordation.
(1) A Final
Plat may be submitted for review and approval simultaneously with
Construction Plans, provided however that the Final Plat shall not
be approved until the Construction Plans have been approved. If the
Final Plat and Construction Plans are to be reviewed simultaneously,
a complete application for Final Plat and a complete application for
Construction Plans must be submitted to the City simultaneously.
(2) Legible
prints, as indicated on the application form, shall be submitted at
least thirty (30) days prior to the regular meeting of the Commission
at which the Final Plat is to be heard, along with the following:
(i) Completed
application forms and the payment of all applicable fees.
(ii) Any materials or documents required by the Commission and/or Council
as a condition of Preliminary Plat approval.
(iii) A letter requesting any variances from the provisions of this Ordinance,
if not previously approved as part of the Preliminary Plat, and posted
pursuant to the requirements [of] this Ordinance.
(iv) Two (2) copies of the deed restrictions or covenants, if such documents
are to be used. These shall be filed for record in conjunction with
the filing of the Final Plat.
(v) Certification
from all applicable taxing authorities that all taxes due on the property
have been paid.
(vi) Performance and maintenance guarantees as required by the City.
(vii) Any attendant documents needed to supplement the information provided
on the Final Plat.
(3) For
projects located within the City’s extra-territorial jurisdiction,
one (1) extra copy of the above referenced items must be provided
to the County for review and approval. The applicant shall be responsible
for any additional information required by the County for Final Plat
approval.
(4) City
staff shall review all Final Plat submittals for completeness at the
time of application. If, in the judgment of City staff, the Final
Plat submittal substantially fails to meet the minimal informational
requirements as outlined above, it will not be accepted for review.
(5) Prior
to the Commission meeting at which the Final Plat is presented, City
staff shall review the plat for consistency with City codes, policies
and plans.
(6) City
staff shall prepare a report analyzing the Final Plat submittal, as
well as any comments received concerning the Preliminary Plat, and
recommending the either approval or disapproval of the Final Plat.
This report shall be available at least five (5) working days prior
to the Commission meeting.
(7) If the
developer chooses to withdraw the Final Plat, in writing, by noon
of the third working day preceding the meeting Commission, the submittal
may appear on the next Commission agenda after repayment of the applicable
fees.
(e) Notification.
Public notification of Final Plats filed as part of an approved
Preliminary Plat shall not be required.
(f) Approval.
The Commission, after holding a public hearing, shall act on
the request for Final Plat approval and forward its recommendations
to the Council. Final approval shall be made only by the Council.
(1) The
failure of the Commission to act within thirty (30) days of the Final
Plat filing date shall be deemed a recommendation of approval of the
plat, if the plat is in full compliance with this ordinance, except
as otherwise agreed to by the developer.
(2) For
fully compliant Final Plats submitted simultaneously with a Construction
Plan, the failure of the Commission to act within thirty (30) days
of the later of the filing date or the Construction Plan approval
date shall be deemed a recommendation of approval of the Final Plat,
except as otherwise agreed to by the developer.
(3) The
developer shall begin construction of the required public improvements
or file a financial surety instrument for the improvements within
six (6) months after Final Plat approval by the Commission and the
City Council, or such approval of the Final Plat shall be void.
(4) Unless
the Final Plat is recorded in the Official County Records within twelve
(12) months after approval by the Council, such approval of the Final
Plat shall be void, except that the developer may apply in writing
to allow extension of approval prior to the end of such twelve (12)
month period, stating just cause therefor, and the Council may grant
an extension not to exceed one (1) year.
(5) Zoning
of the tract, if applicable, that shall permit the proposed use, or
any pending zoning amendment necessary to permit the proposed use
shall, have been adopted by the Council prior to approval of the Final
Plat.
(6) The
developer should be aware that specific approvals from other agencies
may be required.
(7) The
City engineer and developer’s engineer must certify that the
design standards of Article III have been complied with and that the
development and improvements meet sound engineering practices.
(g) Revision.
If revision of the Final Plat is recommended by the Commission,
then the Final Plat shall not be recorded until the revised Final
Plat has been resubmitted and approved by the Council after review
by the City staff for compliance with the Commission’s and Council’s
requirements, if any, established by the Council during its consideration
of the Concept Plan.
(h) Recordation.
(1) Prior
to the recordation of the Final Plat, one (1) original copy of the
Final Plat shall be submitted to the City for signatures, and
(i) The
Final Plat shall have been approved by the Council pursuant to the
provisions of this Ordinance.
(ii) All conditions of Final Plat approval established by the Council
shall have been determined to be complete by City staff.
(iii) Construction plans for all required improvements shall have been
approved by the City Engineer.
(iv) Fees-in-lieu of parkland dedication as required by this Ordinance,
if applicable, shall have been paid.
(v) Performance
and maintenance guarantees for all required improvements shall have
been established pursuant to this Ordinance.
(vi) Copies of any agreements required providing for the proper and continuous
operation, maintenance, and supervision of any facilities that are
of common use or benefit which cannot be satisfactorily maintained,
or which have been rejected for operation and/or maintenance, by an
existing public agency shall be executed.
(vii) Written acceptance of all improvements required by this Ordinance
by the City Engineer or, in lieu of acceptance, assurance of completion
of said improvements pursuant to this Ordinance, shall be received
by the City.
(viii) Applicable fees pursuant to City ordinance shall be paid, including,
but not limited to, all professional fees, engineer, and attorney
fees incurred by the City for or with respect to the review, processing
and approval of the application for the approval of the subdivision
plat.
(ix) Notes shall be added to the plat describing any variances approved
by the Council.
(2) City
staff shall, upon determination that all provisions of this Ordinance
have been satisfied, and all the above conditions have been met, obtain
signatures certifying Final Plat approval by the Chairperson of the
Commission, and the Mayor, as attested to by the City Secretary.
(3) Once
the original Final Plat has been certified by the Chairperson of the
Commission and the Mayor, City staff shall notify the developer that
the original Final Plat is ready for reproduction.
(4) The
developer, at his/her own expense, shall make two (2) photographic
mylar copies of the original, signed Final Plat, and return the photographic
mylar copies and the original Final Plat to the City Engineer for
recordation.
(5) If the
land area represented by the subdivision is located outside the corporate
limits of the City on the date of its filing for recordation with
the Official County Records, then it must be approved by the Commissioners
Court of the County prior to recordation. It shall be the responsibility
of the developer to be familiar with the process, procedures, and
requirements necessary to secure County approval. Such approval shall
be evidenced by the signature of the statement of certification by
the County Judge.
(6) City
staff shall, after the photographic mylar copies and the original
Final Plat have been duly recorded in the Official County Records,
return the original Final Plat to the developer within five (5) working
days by notifying the developer that the original Final Plat is available
for pick-up at the office of the City Code Officer.
(7) The
City shall keep one (1) photographic mylar copy of the original approved
Final Plat on file as public record.
(i) Responsibility.
Notwithstanding the approval of any Final Plat by the Council,
Commission or the City Engineer, the developer and the engineer that
prepares and submits such plats shall be and remain responsible for
the adequacy of the design and nothing in this Ordinance shall be
deemed or construed to relieve or waive the responsibility of the
developer or his/her engineer for or with respect to any plat submitted.
(Ordinance 2003-06-16-007 adopted 6/16/03)
(a) Purpose.
An Amended Plat that meets all of the informational requirements
set forth in this Ordinance may be approved and recorded by the City
without vacation of the preceding plat, without a public hearing,
and without approval of other lot owners within the platted subdivision
provided that any persons with a vested interest affected by the plat
amendment signs the plat and application; and that the purpose of
the Amended Plat is:
(1) To correct
an error in any course or distance shown on the preceding plat; or
(2) To add
any course or distance that was omitted on the preceding plat; or
(3) To correct
an error in the description of the real property shown on the preceding
plat; or
(4) To indicate
monuments set after death, disability, or retirement from practice
of the engineer or surveyor charged with responsibilities for setting
monuments; or
(5) To show
the proper location or character of any monument which has been changed
in location, character, or shown incorrectly on the preceding plat;
or
(6) To correct
any other type of scrivener or clerical error or omission as previously
approved by the Commission and Council; such errors and omissions
may include, but are not limited to: lot numbers, acreage, street
names, and identification of adjacent recorded plats; or
(7) To correct
an error in courses and distances of lot lines between two (2) adjacent
lots where lot owners join in the application for an Amended Plat
and neither lot is abolished, provided that such amendment does not
attempt to remove recorded covenants or restrictions and does not
have a material adverse effect on the property rights of the other
owners in the plat; or
(8) To relocate
a lot line in order to cure an inadvertent encroachment of a building
or improvement on a lot line or on an easement; or
(9) To relocate
one (1) or more lot lines between one (1) or more adjacent lots where
the owner or owners of all such lots join in the application for the
Amended Plat, provided that such amendment does not attempt to remove
recorded covenants or restrictions, or Increase the number of lots.
(b) Format.
The format of an Amended Plat shall be the same as the format
for a Final Plat.
(c) Content.
The content of a Amended Plat shall be the same as the content
requirements for a Short Form Final Plat.
(d) Procedure.
(1) The
Amended Plat may be submitted without re-approval of a Preliminary
Plat or Construction Plans. The Amended Plat, prepared by a surveyor,
and engineer if required, and bearing their seals shall be submitted
to the City for approval before recordation of the plat.
(2) Legible
prints, as indicated on the application form shall be submitted to
the City along with the following:
(i) Completed
application forms and the payment of all applicable fees.
(ii) Certification from all applicable taxing authorities that all taxes
due on the property have been paid.
(iii) Any attendant documents needed to supplement the information provided
on the plat.
(iv) The City shall require the following note on the Amended Plat: This
subdivision is subject to all general notes and restrictions appearing
on the plat of __________, Lot(s) _____, recorded at Cabinet _____,
Slide _____ of the Plat Records of __________ County, Texas.
(e) Notification.
Public notification and public hearings shall not be required
for an Amended Plat.
(f) Approval.
The City Engineer shall approve any Amended Plat meeting the
requirements of this Ordinance within thirty (30) days of receipt
of a complete submittal. However, if in the City Engineer’s
determination, the Amended Plat does not satisfy this Ordinance, the
City Engineer may require the plat to be processed in accordance with
the Final Plat procedures of this Ordinance.
(g) Expiration.
Approval of an Amended Plat shall expire if said plat is not
recorded in the plat records of the County within six (6) months of
City approval.
(h) Recordation.
Recordation of an Amended Plat shall follow the same recordation
provisions of a Final Plat.
(i) Responsibility.
Notwithstanding the approval of any Amended Plat by the City
Engineer, the developer and the engineer that prepares and submits
such plats shall be and remain responsible for the adequacy of the
design and nothing in this Ordinance shall be deemed or construed
to relieve or waive the responsibility of the developer or his/her
engineer for or with respect to any plat submitted.
(Ordinance 2003-06-16-007 adopted 6/16/03)
(a) Purpose.
The provision of adequate data concerning land use, utility
requirements, traffic impact, streets, easements and dedications is
vital to ensure the continued health, safety and welfare of the City’s
residents. Recognizing that the significance of this data is reduced
for the small scale projects that are most heavily impacted by the
burden of producing this data, the City allows alternate procedures
for simple resubdivisions, lot splits, and the platting of existing
development and of land proposed for site development where public
improvements are not required.
(1) Applicants
for subdivisions or resubdivisions creating no more than four (4)
new lots may follow the procedure set forth below provided that the
subdivision meets all of the following criteria:
(i) The
City shall certify that the proposed subdivision meets all the requirements
of the Short Form Final Plat.
(ii) No new public street shall be necessary for each lot to access a
public street.
(iii) Each of the lots is contiguous with at least one (1) of the other
lots in the subdivision for a distance of at least fifty (50) feet.
(iv) No off-site improvements to the City’s infrastructure are determined
to be necessary by the City Engineer.
(v) No
off-site drainage improvements are determined to be necessary by the
City Engineer.
(2) The
Commission may require the standard Final Plat procedures outlined
[in] this Ordinance, if the City determines that the plat is inconsistent
with any element of the Master Plan, or any established City ordinances,
codes or policies.
(b) Format.
The format of the Short Form Final Plat shall correspond with
the format for Final Plats as required by this Ordinance.
(c) Content.
The content of the Short Form Final Plat shall correspond with
the content for Final Plats as required by this Ordinance, except
that:
(1) Construction
plans may not be required.
(2) The
City may permit omission of any informational requirements that are
determined by the City to place an excessive burden on the applicant,
including, but not limited to contours, centerlines of existing watercourses,
etc.
(3) The
City shall require the following note on the Final Plat: This subdivision
is subject to all general notes and restrictions appearing on the
plat of __________, Lot(s) _____ recorded at Cabinet _____, Slide
_____ of Plat Records of _____ County, Texas.
(d) Procedure.
The procedure for review and approval of a Short Form Final
Plat shall follow the procedure for Final Plats, except that:
(1) The
Short Form Final Plat may be submitted without approval of a Preliminary
Plat or Construction Plans. The plat, prepared by a surveyor, and
engineer if required, and bearing their seals shall be submitted to
the Council for approval before recordation of the plat.
(2) Legible
prints, as indicated on the application form shall be submitted at
least fifteen (15) days prior to the regular meeting of the Commission
along with the following:
(i) Completed
application forms and the payment of all required fees.
(ii) Two (2) copies of the deed restrictions or covenants, if such documents
are to be used. These shall be filed for record in conjunction with
the filing of the plat.
(iii) Certification from all applicable taxing authorities that all taxes
due on the property have been paid.
(iv) Notification materials as required herein.
(v) A
petition requesting annexation, if applicable.
(vi) Any attendant documents needed to supplement the information provided
on the plat.
(3) For
projects located within the City’s extra-territorial jurisdiction,
one (1) extra copy of the above referenced items must be provided
to the County for review and approval. The applicant shall be responsible
for any additional information required by the County for Short Form
Final Plat approval.
(e) Notification.
Notification procedures for a Short Form Final Plat shall be
the same as those identified for Concept Plan.
(f) Approval.
The approval process of a Short Form Final Plat shall be the
same as the approval of a Final Plat.
(g) Revision.
The revision process of a Short Form Final Plat shall be the
same as the revision process described for a Final Plat.
(h) Recordation.
The recordation procedures of a Short Form Final Plat shall
be the same as the procedures for a Final Plat.
(i) Responsibility.
Notwithstanding the approval of any Short Form Final Plat by
the Commission, Council or City Engineer, the developer and the engineer
that prepares and submits such plats shall be and remain responsible
for the adequacy of the design and nothing in this Ordinance shall
be deemed or construed to relieve or waive the responsibility of the
developer or his/her engineer for or with respect to any plat submitted.
(Ordinance 2003-06-16-007 adopted 6/16/03)
When no lots on a plat of subdivision have been sold, the developer
may request the vacation of the plat prior to the time that the improvements
covered by the guarantees are installed, and when such plat is vacated,
all fiscal sureties shall be returned to the developer.
(Ordinance 2003-06-16-007 adopted 6/16/03)