(a)
Interpretation.
In the interpretation and application of the provisions of this article, it is the intention of the city that the principles, standards, and requirements provided for herein shall be minimum requirements for the platting and developing of subdivisions in the city and in its extraterritorial jurisdiction; and, where other ordinances of the city are more restrictive in their requirements such other ordinances shall control.
(b)
Authorization.
The procedure and standards for the development, layout, and design of subdivisions of land within the corporate limits and within the extraterritorial jurisdiction of the city are authorized by V.T.C.A., Local Government Code, chapter 42 and V.T.C.A., Local Government Code, chapter 212. The extraterritorial jurisdiction of the city is now one-half (1/2) mile from the corporate limits. The requirements of this article shall be extended into any and all areas of extraterritorial jurisdiction as may now or hereafter exist.
(c)
Subdivision defined.
The term “subdivision” shall be interpreted to mean the division of a parcel of land into two (2) or more lots or tracts for the purpose of transfer of ownership; the dedication of streets, alleys, or easements; or for use for building development; provided, that a division of land for agricultural purposes into lots or tracts of five (5) acres or more, and not involving a new street or alley shall not be deemed to be a subdivision. The term includes resubdivision and, when appropriate to the context, shall relate either to the process of subdividing or to the land subdivided. The terms “subdivider” and “developer” are synonymous and are used interchangeably and shall include any person, partnership, firm, association, corporation, and/or any officer, agent, employee, servant, and trustee thereof who does or participates in the doing of, any act towards the subdivision of land within the intent, scope, and purview of this article.
(d)
Subdivisions to be approved by city council.
All property not subdivided into lots, blocks, and streets within the city shall hereafter be laid out under the direction of the city council, and no other subdivision will be recognized by the city. Prior to the consideration of the plat by the city council, the city administrator will check the plat for compliance with these regulations and in consultation with the city engineer, make recommendations to the city council.
(e)
Plat required.
It shall be unlawful for any owner or agent of any owner, to lay out, subdivide, or plat any land into lots, blocks, and streets within the city which has not been laid off, subdivided, and platted according to these regulations.
(f)
City not to perform work unless requirements are met.
No officer or employee of the city shall perform or cause to perform, any work upon any street or in any addition or subdivision of the city, unless all requirements of these regulations have been complied with by the owner of said addition or subdivision.
(g)
City to withhold improvements until plat approved.
The city hereby defines its policy to be that the city will withhold improvements of any nature whatsoever including water service and maintenance of streets until the final subdivision plat has been approved by the city council. No improvements shall be begun within the subdivision nor any contracts made until this final plat approval has been given.
(h)
Approval of final plat required prior to permits.
No building, plumbing, or electrical permit shall be issued by the city for any structure on a lot in a subdivision for which a final plat has not been approved and filed for record, nor for any structure on a lot within a subdivision in which the standards contained herein have not been complied with in full.
(i)
Prior buildings and plats not affected.
The provisions of this article shall not be construed to prohibit the issuance of permits for any lots upon which a residence building exists and was in existence prior to adoption of these regulations, nor to prohibit the repair, maintenance, or installation of any street or public utility services for, to, or abutting any lot, the last recorded conveyance of which prior to adoption of these regulations was by metes and bounds, and/or any subdivision, or lot therein, recorded or unrecorded, which subdivision was in existence prior to the adoption of these regulations.
(j)
Plats under review at time of adoption of this article.
Plats or subdivisions which have received preliminary approval by the city council within one (1) year prior to the effective date of these regulations shall be excepted from the requirements of this article; provided, that the final plat of such subdivision is approved and filed for record within one hundred eighty (180) days after the effective date of these regulations, or within one (1) year after the approval date of the preliminary plat, whichever is greater.
(1987 Code, ch. 8, sec. 1)