A.
Plats Required
for Land Subdivision.
A Filing Plat or Minor Plat shall
be approved prior to any land division that is subject to these regulations
and prior to commencement of any new development.
B.
Replats
and Amending Plats.
1.
Replat.
A Replat, in accordance with State law, and the provisions of
Section 5.06 Replat shall be required any time a platted, recorded
lot is further divided or expanded, thereby changing the boundary
and dimensions of the property.
2.
Amending
Plat.
In the case of minor revisions to recorded Plats
or lots, an Amending Plat may also be utilized if in accordance with
Section 38-22 [5.07] Amending Plat.
C.
Zoning.
1.
Conformance
with Existing Zoning.
All Applications shall be in conformance
with the existing zoning on the property.
2.
Request
to Rezone First.
If an Applicant seeks to amend the zoning
for the property, the request to rezone the land shall be submitted
and approved prior to acceptance of an Application for filing of a
plat, unless as otherwise provided below.
a.
The
Applicant may request approval from the City Manager to submit an
Application simultaneous with the zoning change request, in which
case the Application for the zoning amendment shall be acted upon
first, provided that the Application is accompanied by a properly
executed Waiver of Right to 30-Day Action (due to the more lengthy
time frame necessary to advertise and process zoning Applications).
b.
In the
event that the requested zoning amendment is denied, the Plat Application
shall also be rejected or denied.
3.
Zoning
Ordinance Site Plan Approval.
Where Site Plan approval
is required by the Zoning Ordinance prior to development, no Application
for a Filing Plat approval shall be accepted for filing until a Site
Plan has been approved for the land subject to the proposed Plat.
D.
Application
for Letters of Certification.
1.
Certifying
Departments.
Prior to filing an application for subdivision
plat approval the applicant shall secure letters of certification
as required by this ordinance. A request for letters of certification
and required items shall be filed by the applicant with the following
entities as required by the Development Application Handbook:
2.
Application
Requirements.
Any request for a Letter of Certification
shall be accompanied by an application prepared in accordance with
the Development Application Handbook.
3.
Completeness
Review.
Upon receipt of a request for letters of certification,
the City Manager shall preform a determination of application completeness
pursuant to Section 4.04.B.
4.
Decision.
The following procedures shall apply to the issuance of a letter
of certification:
a.
After
the City Manager has determined whether the request for letters of
certification and required technical data is complete, each certifying
department shall issue or deny a letter of certification within ninety
(90) days. When a certifying department determines that the proposed
plan, plat or any of the required accompanying data does not conform
with the requirements of this ordinance or other applicable regulations,
ordinances or laws, the applicant may at his/her option revise any
nonconforming aspects. If any data is revised and resubmitted, the
certifying department/agency shall have up to thirty days (30) days
from the latest date of submission to issue or deny a letter of certification.
b.
Failure
to Submit Letter of Certification. If a letter of certification is
not issued or denied within the time periods prescribed in subsection
D.4.a. above, the same shall be deemed issued and the applicant may
submit an application for subdivision plat, without submitting the
letter of certification.
5.
Issuance
Criteria.
The letter of certification request is a process
for compiling a complete application for subdivision platting. The
City Manager or his/her designee, in considering action on a Letter
of Certification request should consider the following criteria:
a.
the
certification request complies with all applicable regulations, ordinances
and laws including but not limited to this ordinance, Code of Ordinances,
Development Application Handbook, Public Works Technical Specifications,
and Public Works Design Guide.
b.
A letter
of certification does not authorize any subdivision or development
activity, and any action by the certifying department shall constitute
only a recommendation as to whether the activities subject to the
request for letters of certification would comply with the applicable
development requirements.
6.
Scope
of Issuance.
A letter of certification does not authorize
the development or subdivision of land. Upon receipt of all letters
of certification, the applicant may submit an application for subdivision
plat approval. Letters of certification shall remain valid for one
(1) year from the date of issuance by the certifying department/agency.
After that time period, new or updated letters of certification shall
be required to file a proposed plat. Each new proposed plat to be
filed will be required to obtain new letters of certification prior
to application submittal.
7.
Amendments.
A letter of certification may be amended prior to filing an
application for subdivision approval if the proposed amendment:
8.
Recording
Procedures.
A letter of certification is not recorded.
A letter of certification shall be maintained by the applicant and
presented with the proposed application for master development plan,
subdivision plat, or site plan approval
(Ordinance 2013-32 adopted 12/3/13; Ordinance 2021-09 adopted 2/11/21)
See section 4.03 Pre-Application Conference.
(Ordinance 2013-32 adopted 12/3/13; Ordinance 2021-09 adopted 2/11/21)
A.
Purpose.
The purpose of a Vesting Plat shall be to determine the general
layout of the subdivision, the adequacy of public facilities needed
to serve the intended development, and the overall compliance of the
land division with applicable requirements of these Subdivision Regulations.
B.
Applicability.
No subdivision of land shall be allowed without proper submittal,
approval, and adoption of a Vesting Plat.
C.
Exceptions.
1.
A Vesting
Plat is not required when a Minor Plat is submitted (refer to section
5.05 Minor Plat).
2.
A Filing
Plat in accordance with section 5.04 Filing Plat, along with Construction
Plans in accordance with section 6.01 Construction Plans, may be submitted
in lieu of a Vesting Plat if a Development Agreement and appropriate
surety (see section 6.05 Development Agreements and Security for Completion)
are submitted along with the Application.
D.
Accompanying
Applications.
1.
Preliminary
and Other Types of Plans.
An Application for a Vesting
Plat shall be accompanied by the following:
a.
Preliminary
Drainage Plan (Section 7.14.I);
b.
Preliminary
Stormwater Management Plan (Section 7.14.J);
c.
Preliminary
Utility Plan (Section 7.12.C); and
d.
Other
plans if deemed necessary for thorough review by the City Manager,
such as a Planned Development Master Plan.
Approval of each shall be separate and in accordance with this
section 5.03 Vesting Plat.
2.
Current
Title Commitments.
The Applicant shall furnish with the
Application to the City a current title commitment issued by a title
insurance company authorized to do business in Texas, a title opinion
letter from an attorney licensed to practice in Texas, or some other
acceptable proof of ownership, identifying all persons having an ownership
interest in the property subject to the Vesting Plat.
E.
Review
by City Manager.
The City Manager shall:
1.
Initiate
review of the plat and materials submitted (including the required
Preliminary Drainage Plan, Preliminary Stormwater Management Plan,
and Preliminary Utility Plan).
2.
Request
written comments from the Development Review Committee (DRC), if deemed
necessary.
3.
Make available
Plats and reports to the Commission for review.
4.
Upon determination
that the Application is ready to be acted upon, schedule the Vesting
Plat for consideration on the agenda of the next available meeting
of the Planning and Zoning Commission.
F.
Action
by the Planning and Zoning Commission.
The Commission
shall:
1.
Review
the Vesting Plat Application, the findings of the City Manager, and
any other information available.
a.
From
all such information, the Commission shall determine whether the Vesting
Plat conforms to these Subdivision Regulations.
2.
Act within
thirty (30) calendar days following the Official Submission Date,
unless the Applicant submits a Waiver of Right to 30-Day Action as
outlined in section 4.04.D.
a.
If no
decision is rendered by the Commission within the thirty (30) day
period described above or such longer period as may have been agreed
upon, the Vesting Plat, as submitted, shall be deemed approved by
the Commission.
3.
Take one
of the following actions:
a.
Approve
the Vesting Plat;
b.
Approving
the Vesting Plat with conditions, which shall mean that the Vesting
Plat shall be considered to have been approved once such conditions
are fulfilled and until the conditions are satisfied, it is considered
denied. A written statement must be provided to the applicant clearly
articulating each specific condition for the conditional approval.
Each condition specified in the written statement may not be arbitrary
and must include a citation to the regulation, ordinance, or law that
is the basis for the conditional approval; or
c.
Deny
the Vesting Plat. A written statement must be provided to the applicant
clearly articulating each specific reason for denial. Each reason
specified in the written statement may not be arbitrary and must include
a citation to the regulation, ordinance, or law that is the basis
for the denial;
d.
Applicant
Response to Conditional Approval or Denial. After the conditional
approval or denial of a plat, the applicant may submit a written response
that satisfies each condition for the conditional approval or remedies
each reason for denial provided. The Planning and Zoning Commission
shall determine whether to approve or deny the applicant’s previously
conditionally approved or denied plat no later than the fifteenth
(15th) day after the date the response was submitted.
G.
Criteria
for Approval.
The following criteria shall be used by
the Commission to determine whether the Application for a Vesting
Plat shall be approved, approved with conditions, or denied:
1.
All Plats
must be drawn to conform to the zoning regulations currently applicable
to the property. If a zoning change for the property is proposed,
then the zoning change must be completed before the approval of any
Vesting Plats/Filing Plats;
2.
No Plat
or Replat may be approved that leaves a structure located on a remainder
lot.
3.
The Vesting
Plat is consistent with any approved Development Agreement;
4.
The proposed
provision and configuration of Public Improvements including, but
not limited to, roads, water, wastewater, storm drainage, park facilities,
open spaces, habitat restoration, easements and Right-of-Way are adequate
to serve the development, meet applicable standards of these Subdivision
Regulations, and conform to the City’s adopted master plans
for those facilities;
5.
The Vesting
Plat has been duly reviewed by applicable City staff;
6.
The Vesting
Plat conforms to design requirements and construction standards as
set forth in the Engineering Standards Manual;
7.
The Vesting
Plat is consistent with the adopted Comprehensive Plan, except where
application of the Plan may conflict with State law;
8.
The proposed
development represented on the Vesting Plat does not endanger public
health, safety or welfare; and
9.
The Vesting
Plat conforms to the City Manager’s subdivision Application
checklists.
H.
Effect
of Approval.
1.
Approval
of a Vesting Plat shall allow the Applicant to proceed with the development
and platting process by submitting Construction Plans (section 6.01)
and a Filing Plat (section 5.04).
2.
Approval
of the Vesting Plat shall be deemed general approval of the subdivision’s
layout only, and shall not constitute approval or acceptance of Construction
Plans or a Filing Plat.
I.
Expiration.
1.
Two-Year
Validity.
a.
The
approval of a Vesting Plat shall remain in effect for a period of
two (2) years following the date of approval, during which period
the Applicant shall submit and receive approval for Construction Plans
and a Filing Plat for the land area shown on the Vesting Plat.
b.
If Construction
Plans and a Filing Plat Application have not been approved within
the two (2) year period, the Vesting Plat shall expire.
2.
Relationship
to Construction Plans.
A Vesting Plat shall remain valid
for the period of time in which approved Construction Plans are valid
(section 6.01.G. Expiration Date for Construction Plans).
3.
Action
on Filing Plat.
Should a Filing Plat Application be submitted
within the two (2) year period, but not be acted upon by the Commission
within the two (2) year period, the Vesting Plat shall expire unless
an extension is granted as provided in subsection 5.03.J Vesting Plat
Extension.
4.
Void
If Not Extended.
If the Vesting Plat is not extended
as provided in subsection 5.03.J Vesting Plat Extension, it shall
expire and shall become null and void.
J.
Vesting
Plat Extension.
A Vesting Plat may be extended for a
period not to exceed one (1) year beyond the Vesting Plat’s
initial expiration date. A request for extension shall be submitted
to the City Manager in writing at least thirty (30) calendar days
prior to expiration of the Vesting Plat, and shall include reasons
why the Vesting Plat should be extended.
1.
Decision
by the City Manager.
a.
The
City Manager will review the extension request and shall approve it,
approve it with conditions, or deny the extension request within thirty
(30) calendar days following the Official Vesting Date of the request.
b.
Should
the City Manager fail to act on an extension request within thirty
(30) calendar days, the extension shall be deemed to be approved.
2.
Considerations.
In considering an extension, the City Manager shall consider
whether the following conditions exist:
a.
A Filing
Plat has been submitted and/or approved for any portion of the property
shown on the Vesting Plat;
b.
Construction
Plans have been submitted and/or approved for any portion of the property
shown on the Vesting Plat;
c.
Construction
is occurring on the subject property;
d.
The
Vesting Plat complies with new ordinances that impact the health,
safety and general welfare of the community; and/or
e.
If there
is a need for a park, school or other public facility or improvement
on the property.
3.
Conditions.
a.
In granting
an extension, the City Manager may impose such conditions as are needed
to ensure that the land will be developed in a timely fashion and
that the public interest is served.
b.
Any
extension may be predicated upon compliance with new development regulations
and/or the Applicant waiving any vested rights.
4.
Appeal
of Denial for Extension.
a.
Appeal
of the City Manager’s Decision on a Vesting Plat Extension
i.
The
denial of an extension by the City Manager may be appealed to the
Commission.
ii.
A written request for such appeal shall be received by the City Manager
within fourteen (14) calendar days following the denial.
iii.
The Commission shall hear and consider such an appeal within thirty
(30) calendar days following receipt of the appeal request by the
City Manager.
b.
Appeal
of the Commission’s Decision on a Vesting Plat Extension.
i.
The
denial of an extension by the Commission may be appealed to the City
Council.
ii.
A written request for such appeal shall be received by the City Manager
within fourteen (14) calendar days following the denial.
iii.
The City Council shall hear and consider such an appeal within thirty
(30) calendar days following receipt of the appeal request by the
Planning and Development Department.
iv.
The decision of the City Council is final.
K.
Amendments
to Vesting Plats Following Approval.
1.
Minor
Amendments to Vesting Plats.
a.
Minor
amendments to the design of the subdivision subject to an approved
Vesting Plat may be incorporated in an Application for approval of
a Filing Plat without the necessity of filing a new Application for
reapproval of a Vesting Plat.
b.
Minor
amendments may only include minor adjustments in street or alley alignments,
lengths and paving details, and minor adjustments to lot lines that:
2.
Major
Amendments to Vesting Plats.
All other proposed changes
to the design of the subdivision subject to an approved Vesting Plat
shall be deemed major amendments that require submittal and approval
of a new Application for approval of a Vesting Plat (including new
fees, new reviews, new Official Vesting Date, new Official Submission
Date etc.) before approval of Construction Plans and/or a Filing Plat.
3.
Determination
of Minor or Major Amendment.
The City Manager shall make
a determination of whether proposed amendments are deemed to be minor
or major, thereby requiring new submittal of a Vesting Plat.
(Ordinance 2013-32 adopted 12/3/13; Ordinance 2021-09 adopted 2/11/21)
A.
Purpose.
The purpose of a Filing Plat is to ensure:
1.
That the
proposed Subdivision and development of the land is consistent with
all standards of these Subdivision Regulations pertaining to the adequacy
of public facilities,
2.
That Public
Improvements to serve the Subdivision or development have been installed
and accepted by the City, or that provision for such installation
has been made, and
3.
That all
other City requirements and conditions have been satisfied or provided
for to allow the Filing Plat to be recorded.
B.
Applicability.
No subdivision of land shall be allowed without proper submittal,
approval, and adoption of a Filing Plat.
C.
Exceptions.
A Filing Plat is not required when a Minor Plat is submitted
(refer to section 5.05 Minor Plat).
D.
Ownership.
1.
The Applicant
shall furnish with the Application to the City a current title commitment
issued by a title insurance company authorized to do business in Texas,
a title opinion letter from an attorney licensed to practice in Texas,
or some other acceptable proof of ownership, identifying all persons
having an ownership interest in the property subject to the Filing
Plat.
2.
The Filing
Plat shall be signed by each owner, or by the representative of the
owners authorized to sign legal documents for the owners and lienholder,
effectively denoting that they are consenting to the platting of the
property and to the dedications and covenants that may be contained
in the Filing Plat.
E.
Accompanying
Applications.
1.
An Application
for a Filing Plat may be accompanied by Construction Plans if also
accompanied by a Development Agreement and appropriate surety in accordance
with section 6.05 Development Agreements and Security for Completion.
2.
Approval
of each shall be separate and in accordance with this Section 5.04
Filing Plat and with Section 6.01 Construction Plans.
F.
Prior Approved
Vesting Plat.
The Filing Plat and all accompanying data
shall conform to the approved Vesting Plat, or as the Vesting Plat
may have been amended subsequently Section 5.03.K Amendments to Vesting
Plats Following Approval, if applicable, incorporating all conditions
imposed or required, if applicable.
G.
Review
by City Manager.
The City Manager shall:
1.
Initiate
review of the plat and materials submitted,
2.
Request
written comments from [the] Development Review Committee (DRC), if
deemed necessary,
3.
Make available
Plats and reports to the Commission for review, and
4.
Upon determination
that the Application is ready to be acted upon, schedule the Filing
Plat for consideration on the agenda of the next available meeting
of the Commission.
H.
Action
by Planning and Zoning Commission.
The Commission shall:
1.
Review
the Filing Plat Application, the findings of the City Manager, and
any other information available.
a.
From
all such information, the Commission shall determine whether the Filing
Plat conforms to the applicable regulations of these Subdivision Regulations.
2.
Act within
thirty (30) calendar days following the Official Submission Date,
unless the Applicant submits a Waiver of Right to 30-Day Action as
outlined in section 4.04.D.
a.
If no
decision is rendered by the Commission within the thirty (30) day
period described above or such longer period as may have been agreed
upon, the Filing Plat, as submitted, shall be deemed to be approved
by the Commission.
3.
Take one
of the following actions:
a.
Approve
the Filing Plat;
b.
Approve
the Filing Plat with conditions, which shall mean that the Filing
Plat shall be considered to have been approved once such conditions
are fulfilled, and until the conditions are satisfied, it is considered
denied. A written statement must be provided to the applicant clearly
articulating each specific condition for the conditional approval.
Each condition specified in the written statement may not be arbitrary
and must include a citation to the regulation, ordinance, or law that
is the basis for the conditional approval; or
c.
Deny
the Filing Plat.
A written statement must be provided
to the applicant clearly articulating each specific reason for denial.
Each reason specified in the written statement may not be arbitrary
and must include a citation to the regulation, ordinance, or law that
is the basis for the denial
d.
Applicant
Response to Conditional Approval or Denial.
After the
conditional approval or denial of a plat, the applicant may submit
a written response that satisfies each condition for the conditional
approval or remedies each reason for denial provided. The Planning
and Zoning Commission shall determine whether to approve or deny the
applicant’s previously conditionally approved or denied plat
no later than the fifteenth (15th) day after the date the response
was submitted.
4.
A motion
to approve a Filing Plat shall be subject to the following conditions,
whether or not stated in the motion to approve:
a.
All
required fees shall be paid.
b.
All
covenants required by ordinances have been reviewed and approved by
the City.
c.
On-site
easements and rights-of-way have been dedicated and filed of record
and properly described and noted on the proposed plat.
d.
All
required abandonments of public rights-of-way or easements that must
be approved by the City Council and the abandonment ordinance numbers
are shown on the plat.
e.
Original
tax certificates have been presented from each taxing unit with jurisdiction
of the real property showing the current taxes are paid.
I.
Filing
Plat Criteria for Approval.
The following criteria shall
be used by the Commission to determine whether the Application for
a Filing Plat shall be approved, approved with conditions, or denied.
1.
With
Prior Approved Vesting Plat.
a.
The
Filing Plat conforms to the approved Vesting Plat except for minor
amendments that are authorized under Section 5.03.K Amendments to
Vesting Plats Following Approval and that may be approved without
the necessity of revising the approved Vesting Plat;
b.
All
conditions imposed at the time of approval of the Vesting Plat, as
applicable, have been satisfied;
c.
The
Construction Plans conform to the requirements of Section 6.01 Construction
Plans and have been approved by the City Manager;
d.
Where
Public Improvements have been installed, the improvements conform
to the approved Construction Plans and have been approved for acceptance
by the City Manager;
e.
Where
the City Manager has authorized Public Improvements to be deferred,
a Development Agreement has been executed and submitted by the property
owner in conformity with Section 6 Construction Plans and Procedures;
f.
The
final layout of the Subdivision or development meets all standards
for adequacy of public facilities contained in this Subdivision Ordinance;
g.
The
Plat conforms to design requirements and construction standards as
set forth in the Engineering Standards Manual; and
h.
The
plat conforms to City Manager’s subdivision Application checklists
and Subdivision Ordinance regulations.
2.
Without
Prior Approved Vesting Plat.
a.
The
Filing Plat conforms to all criteria for approval of a Vesting Plat;
b.
The
Construction Plans conform to the requirements of Section 6.01 Construction
Plans and have been approved by the City Manager;
c.
A Development
Agreement with surety for installation of Public Improvements has
been prepared and executed by the property owner in conformance with
Section 6 Construction Plans and Procedures;
d.
The
final layout of the Subdivision or development meets all standards
for adequacy of public facilities contained in this Subdivision Ordinance;
and
e.
The
Filing Plat conforms to the City Manager’s subdivision Application
checklist and Subdivision Ordinance regulations.
J.
Procedures
for Filing Plat Recordation upon Approval.
The Applicant
shall supply to the City Manager the required number of signed and
executed copies of the Filing Plat that will be needed to file the
Plat, upon approval, with the County (in the County’s required
format) at least seven (7) calendar days prior to the meeting at which
it will be considered for approval.
1.
General.
a.
Signatures.
After approval of the Filing Plat, the City Manager shall procure
the appropriate City signatures on the Filing Plat.
b.
Recording
upon Performance.
The Filing Plat shall be recorded after:
i.
The
Filing Plat is approved by the City;
ii.
All required Public Improvements have been completed and accepted
by the City or a Development Agreement has been executed and appropriate
surety provided in accordance with Section 6.05 Development Agreements
and Security for Completion; and
iii.
All County filing requirements are met.
2.
Submittal
of Filing Plat Where Improvements Installed.
Where all
required Public Improvements have been installed prior to recording
of the Filing Plat, the Applicant shall meet all requirements in accordance
with Section 6 Construction Plans and Procedures.
3.
Submittal
of Filing Plat Where Improvements Have Not Been Installed.
Where some or all required Public Improvements are not yet completed
in connection with an approved Filing Plat, the Applicant shall submit
the Filing Plat as approved, revised to reflect any conditions imposed
as part of approval.
4.
Update
of Proof of Ownership.
If there has been any change in
ownership since the time of the Proof of Ownership provided under
subsection 5.04.D Ownership (above), the Applicant shall submit a
new consent agreement executed by each owner and lienholder consenting
to the platting of the property and the dedications and covenants
contained in the Plat.
K.
Effect
of Approval.
The approval of a Filing Plat:
1.
Supersedes
any prior approved Vesting Plat for the same land.
2.
If applicable,
authorizes the Applicant to install any improvements in public Right-of-Way
in conformance with approved Construction Plans and under a Development
Agreement (refer to Section 6 Construction Plans and Procedures).
3.
Authorizes
the Applicant to seek section 6.03 Construction Release and/or issuance
of a Building Permit.
L.
Revisions
Following Recording/Recordation.
Revisions may only be
processed and approved as a Replat, Minor Replat, or Amending Plat,
as applicable.
M.
Signature
Blocks.
Unless otherwise modified by the City Manager,
the following signature blocks shall be used in conjunction with the
Filing Plat.
1.
Certificate
of Surveyor.
|
CERTIFICATE OF SURVEYOR
| |
|
STATE OF TEXAS
|
§
|
|
COUNTY OF GONZALES
|
§
|
|
I, the undersigned, a (Licensed Professional Engineer/Registered
Professional Surveyor) in the State of Texas, hereby certify that
this plat is true and correct and was prepared from an actual survey
of the property made under my supervision on the ground.
| |
|
(Engineer’s or Surveyor’s Seal)
| |
|
|
_______________________________________
Licensed Professional Engineer or Registered Professional Surveyor
|
|
|
Date
|
|
STATE OF TEXAS
|
§
|
|
COUNTY OF GONZALES
|
§
|
|
BEFORE ME, the undersigned authority, on this day personally
appeared, 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 purposes and considerations therein stated.
| |
|
Given under my hand and seal of office this _____ day of __________,
20_____.
| |
|
|
_______________________________________
Notary Public in and for the State of Texas
|
|
|
_______________________________________
Type or Print Notary’s Name
|
|
|
My Commission Expires:___________
|
2.
Owner’s
Statement for Fire Lane Easement.
|
OWNER’S STATEMENT FOR FIRE LANE EASEMENT
| |
|
The undersigned covenants and agrees that he/she (they) shall
construct upon the fire lane easements, as dedicated and shown hereon,
a fire lane in accordance with the Fire Code and City standards and
that he/she (they) shall maintain the same in a state of good repair
at all times in accordance with City Ordinance. The fire lane easement
shall be kept free of obstructions in accordance with the City Ordinance.
The maintenance of pavement in accordance to City Ordinance of the
fire lane easements is the responsibility of the owner. The owner
shall identify the fire lane in accordance with City Ordinance. The
Chief of Police or his/her duly authorized representative is hereby
authorized to cause such fire lane and utility easements to be maintained
free and unobstructed at all times for fire department and emergency
use[.]
| |
|
Owner (Printed Name): ________________________________
| |
|
Owner (Signature): ________________________________
| |
|
Date: ________________________________
|
3.
Owner’s
Acknowledgement and Dedication.
|
OWNER’S ACKNOWLEDGEMENT AND DEDICATION
| |
|
STATE OF TEXAS
|
§
|
|
COUNTY OF GONZALES
|
§
|
|
I (we), the undersigned, owner(s) of the land shown on this
plat within the area described by metes and bounds as follows:
| |
|
(Metes and Bounds Description of Boundary)
| |
|
and designated herein as the __________ Subdivision to the City
of Gonzales, Texas, and whose name is subscribed hereto, hereby dedicate
to the public use forever by fee simple title, free and clear of all
liens and encumbrances, all streets, thoroughfares, alleys, parks,
and trails, and to the public use forever easements for sidewalks,
storm drainage facilities, floodways, water mains, wastewater mains
and other utilities, and any other property necessary to serve the
plat and to implement the requirements of the platting ordinances,
rules, and regulations thereon shown for the purpose and consideration
therein expressed.
| |
|
Owner (Printed Name): ________________________________
| |
|
Date: ________________________________
| |
|
STATE OF TEXAS
|
§
|
|
COUNTY OF GONZALES
|
§
|
|
BEFORE ME, the undersigned authority in and for __________ County,
Texas, on this day personally appeared __________, known to me to
be the person and officer whose name is subscribed to the foregoing
instrument and acknowledged to me that he/she is __________, and that
he/she is authorized to execute the foregoing instrument for the purposes
and consideration therein expressed, and in the capacity therein stated.
| |
|
Given under my hand and seal of office this __________ day of
___________, 20 _____.
| |
|
|
___________________________________
Notary Public in and for the State of Texas
|
|
|
___________________________________
Type or Print Notary’s Name
|
|
|
My Commission Expires:___________
|
4.
Lienholder’s
Ratification of Plat Dedication.
|
LIENHOLDER’S RATIFICATION OF PLAT DEDICATION
| |
|
STATE OF TEXAS
|
§
|
|
COUNTY OF GONZALES
|
§
|
|
Whereas, __________, acting by and through the undersigned,
its duly authorized agent, is the lienholder of the property described
hereon, does hereby ratify all dedications and provisions of this
plat as shown.
| |
|
Lien holder: ________________________________
| |
|
Date: ________________________________
| |
|
STATE OF TEXAS
|
§
|
|
COUNTY OF GONZALES
|
§
|
|
BEFORE ME, the undersigned authority in and for __________ County,
Texas, on this day personally appeared ___________, known to me to
be the person and officer whose name is subscribed to the foregoing
instrument and acknowledged to me that he/she is __________, and that
he/she is authorized to execute the foregoing instrument for the purposes
and consideration therein expressed, and in the capacity therein stated.
| |
|
Given under my hand and seal of office this __________ day of
___________, 20 _____.
| |
|
|
___________________________________
Notary Public in and for the State of Texas
|
|
|
___________________________________
Type or Print Notary’s Name
|
|
|
My Commission Expires:___________
|
5.
Certificate
of Filing Plat Approval.
(For Filing Plats with Required
Public Improvements Installed After Approval.)
|
CERTIFICATE OF FILING PLAT APPROVAL
| |
|
(FOR FILING PLATS WITH REQUIRED PUBLIC IMPROVEMENTS INSTALLED
AFTER APPROVAL)
| |
|
Approved
|
|
|
__________________________________
Chairman, Planning and Zoning Commission
City of Gonzales, Texas
|
_________
Date
|
|
The undersigned, the City Secretary of the City of Gonzales,
Texas, hereby certifies that the foregoing Filing Plat of the __________
Subdivision or Addition to the City of Gonzales was submitted to the
Planning and Zoning Commission on the __________ day of __________,
__________, and the Commission, by formal action, then and there accepted
the Filing Plat and hereby authorizes the developer to proceed with
the construction of public works improvements and infrastructure as
indicated on the accompanying construction plans, and said Commission
further authorizes the Chairman of the Planning and Zoning Commission
to note the acceptance thereof by signing his/her name as hereinabove
subscribed.
| |
|
Witness by hand this __________ day of __________, 20 _____.
| |
|
________________________________
City Secretary
City of Gonzales, Texas
| |
6.
Certificate
of Filing Plat Approval.
(For Filing Plats with Required
Public Improvements Installed Before Approval.)
|
CERTIFICATE OF FILING PLAT APPROVAL
(FOR FILING PLATS WITH REQUIRED PUBLIC IMPROVEMENTS INSTALLED
BEFORE APPROVAL)
| |
|
Approved
| |
|
________________________________
Chairman, Planning and Zoning Commission
City of Gonzales, Texas
|
______________
Date
|
|
The undersigned, the City Secretary of the City of Gonzales,
Texas, hereby certifies that the foregoing Filing Plat of the __________
Subdivision or Addition to the City of Gonzales was submitted to the
Planning and Zoning Commission on the __________ day of __________,
__________ and the Commission, by formal action, then and there accepted
the Filing Plat and public works improvements and infrastructure,
and said Commission further authorizes the Chairman of the Planning
and Zoning Commission to note the acceptance thereof by signing his/her
name as hereinabove subscribed.
| |
|
Witness by hand this __________ day of __________, 20 _____.
| |
|
________________________________
City Secretary
City of Gonzales, Texas
| |
7.
Certificate
of Completion and Authorization to File.
|
CERTIFICATE OF COMPLETION AND AUTHORIZATION TO FILE
| |
|
Approved
| |
|
________________________________
Chairman, Planning and Zoning Commission
City of Gonzales, Texas
|
______________
Date
|
|
The undersigned, the City Secretary and the City of Gonzales,
Texas, hereby certifies that the foregoing Filing Plat of the __________
Subdivision or Addition to the City of Gonzales was submitted to the
Planning and Zoning Commission on the __________ day of _____________________,
__________, and the Commission, by formal action, then and there accepted
the fee simple dedication of streets, thoroughfares, alleys, and parks
to the public use forever and dedication of easements for trails,
sidewalks, storm drainage facilities, floodways, water mains, wastewater
mains and other utilities, and any other property necessary to serve
the plat and to implement the requirements of the platting ordinances,
rules, and regulations as shown and set forth in and upon said plat,
that the public works and infrastructure improvements have been completed
in accordance with the construction plans, have been tested and have
been accepted by the City, that the Filing Plat is now acceptable
for filing with Gonzales County and said Commission further authorized
the Chairman of the Planning and Zoning Commission to note the acceptance
thereof by signing his/her name as hereinabove subscribed.
| |
|
Witness by hand this __________ day of __________, 20 _____.
| |
|
________________________________
City Secretary
City of Gonzales, Texas
| |
(Ordinance 2013-32 adopted 12/3/13; Ordinance 2021-09 adopted 2/11/21)
A.
Purpose.
The purpose of a Minor Plat is to simplify divisions of land
under certain circumstances as outlined in Texas Local Government
Code Section 212.0065.
B.
Applicability.
An Application for approval of a Minor Plat may be filed only
in accordance with State law, when all of the following circumstances
apply:
1.
The proposed
division results in four (4) or fewer lots;
2.
All lots
in the proposed Subdivision front onto an existing public street and
the construction or extension of a street or alley is not required
to meet the requirements of these Subdivision Regulations; and
3.
Except
for Right-of-Way widening and easements, the plat does not require
the extension of any municipal facilities to serve any lot within
the Subdivision.
C.
Application
Requirements.
The requirements for the submittal of a
Minor Plat shall be determined by the City Manager.
D.
Additional
Requirements.
To be considered a Minor Plat it must also
meet the following requirements:
1.
The proposed
Plat shall be for the Subdivision of one lot into four (4) or fewer
lots.
2.
The person,
firm or corporation owning the property shall not have more than one
Minor Plat approved during any twelve (12) month period.
3.
The person,
firm or corporation presenting the proposed Plat shall dedicate all
easements and Right-of-Way as required elsewhere in these regulations.
4.
Private
wells and private wastewater treatment facilities that meet the current
City health standards shall be considered adequate when existing public
water and wastewater lines are not within one hundred (100) feet of
the proposed Plat.
E.
Minor Plat
Criteria for Approval.
The following criteria shall be
used to determine whether the Application for a Minor Plat shall be
approved, approved with conditions, or denied:
1.
The Minor
Plat is consistent with all zoning requirements for the property (if
applicable), any approved Development Agreement (if applicable), and
all other requirements of these Subdivision Regulations that apply
to the Plat;
2.
All lots
to be created by the plat already are adequately served by improved
public street access and by all required City utilities and services
and by alleys, if applicable;
3.
The ownership,
maintenance and allowed uses of all designated easements have been
stated on the Minor Plat; and
4.
Except
for Right-of-Way widening and easements, the plat does not require
the extension of any municipal facilities to serve any lot within
the subdivision.
G.
Action
by City Manager.
The City Manager shall:
1.
Determine
whether the Minor Plat meets the regulations of these Subdivision
Regulations.
2.
Act within
thirty (30) calendar days following the Official Submission Date,
unless the Applicant submits a Waiver of Right to 30-Day Action as
outlined in section 4.04.D.
a.
If no
decision is rendered by the City Manager, or if the City Manager has
not deferred the Application to the Planning and Zoning Commission
for decision, within the thirty (30) day period described above or
such longer period as may have been agreed upon, the Minor Plat, as
submitted, shall be deemed to be approved.
3.
Take one
of the following actions:
H.
Deferral
of Decision of a Minor Plat Application.
1.
Deferral
to the Commission of a Minor Plat Decision.
Per subsection
5.05.G.3.c (above), if the City Manager defers the Minor Plat Application
to the Planning and Zoning Commission, the Commission shall consider
the Application at a regular meeting. The Commission shall, upon simple
majority vote, take one of the following actions:
a.
Approve
the Minor Plat;
b.
Approve
the Minor Plat with conditions, which shall mean that the Minor Plat
shall be considered to have been approved once such conditions are
fulfilled and until the conditions are satisfied, it is considered
denied. A written statement must be provided to the applicant clearly
articulating each specific condition for the conditional approval.
Each condition specified in the written statement may not be arbitrary
and must include a citation to the regulation, ordinance, or law that
is the basis for the conditional approval; or
c.
Deny
the Minor Plat. A written statement must be provided to the applicant
clearly articulating each specific reason for denial. Each reason
specified in the written statement may not be arbitrary and must include
a citation to the regulation, ordinance, or law that is the basis
for the denial
d.
Applicant
Response to Conditional Approval or Denial. After the conditional
approval or denial of a plat, the applicant may submit a written response
that satisfies each condition for the conditional approval or remedies
each reason for denial provided. The Planning and Zoning Commission
shall determine whether to approve or deny the applicant’s previously
conditionally approved or denied plat no later than the fifteenth
(15th) day after the date the response was submitted.
I.
Procedures
for Minor Plat Recordation Following Approval.
The procedures
for recordation of a Minor Plat shall be the same as the procedures
for recordation of a Filing Plat, as outlined in Section 5.04.J Procedures
for Filing Plat Recordation upon Approval.
J.
Revisions
Following Approval.
Revisions may only be processed and
approved as a Replat, Minor Replat, or Amending Plat, as applicable.
(Ordinance 2013-32 adopted 12/3/13; Ordinance 2021-09 adopted 2/11/21)
A.
B.
General
Notice and Public Hearing Requirements.
1.
Published notice of the public hearings on the Replat Application shall be given in accordance with section 4.06 Public Hearings for Replat and Plat Vacation Applications, if applicable.
a.
See
specific notice and hearing requirements for “Certain”
Replats in subsection 5.06.F.2 Notice and Public Hearing Requirements
for “Certain” Replats (below).
2.
A public
hearing shall be conducted by the Commission on all Replat Applications.
C.
Application.
The Application for a Replat of a Subdivision shall meet all
Application requirements of a Filing Plat. The Applicant shall acknowledge
that the Replat will not amend or remove any covenants or restrictions
previously incorporated in the recorded Plat.
D.
Partial
Replat Application.
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 are being changed along
with a detailed “Purpose for Replat” statement.
F.
Additional
Requirements for “Certain” Replats.
1.
Applicability
of “Certain” Replats.
Pursuant to Texas Local
Government Code Chapter 212.015, a Replat without vacation of the
preceding Plat must conform to the requirements of this subsection
5.06.F Additional Requirements for “Certain” Replats if:
a.
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
b.
Any
lot in the preceding plat was limited by deed restrictions to residential
use for not more than two (2) residential units per lot.
2.
Notice
and Public Hearing Requirements for “Certain” Replats.
Notice of the required public hearing shall be given before
the fifteenth (15th) calendar day before the date of the hearing by:
a.
Publication
in an official newspaper or a newspaper of general circulation in
the applicable City or unincorporated area (as applicable) in which
the proposed Replat property is located; and
b.
Written
notice, with a copy of Section 212.015(c) of the Texas Local Government
Code (as amended) attached, forwarded by the City to the owners of
lots that are in the original Subdivision and that are within two
hundred feet (200') of the lots to be replatted, as indicated on the
most recently approved municipal tax roll or in the case of a Subdivision
within the ETJ, the most recently approved applicable county tax roll
of the property upon which the Replat is requested. 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.
3.
Protest.
a.
If the
Replat Application is accompanied by a waiver petition (per section
8.01 Petition for Subdivision Waiver) and is protested in accordance
with this subsection 5.06.F.3 Protest), approval of the Replat shall
require the affirmative vote of at least three-fourths of the voting
members of the Commission present at the meeting.
b.
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 Replat Application and extending two hundred
feet (200') from that area, but within the original Subdivision, must
be filed with the Commission prior to the close of the public hearing.
c.
The
area of streets and alleys shall be included in the area computations.
G.
Replat
Review and Approval.
1.
Replat.
The review and approval processes for a Replat shall be the
same as the review and approval processes for a Filing Plat (except
for the special public hearing and notice requirements described in
subsection 5.06.F.2 Notice and Public Hearing Requirements for “Certain”
Replats (above)).
2.
Minor
Replat.
a.
Pursuant
to Texas Local Government Code 212.0065, a Replat involving four (4)
or fewer lots fronting on an existing street and not requiring the
creation of any new street or the extension of municipal facilities
(i.e., a Minor Replat) may be approved by the City Manager in accordance
with this Section 5.06 Replat.
H.
Effect.
Upon approval of the Application, the Replat may be recorded
and is controlling over the previously recorded Plat for the portion
replatted.
(Ordinance 2013-32 adopted 12/3/13; Ordinance 2021-09 adopted 2/11/21)
A.
Purpose.
The purpose of an Amending Plat shall be to provide an expeditious
means of making minor revisions to a recorded Plat consistent with
provisions of State law.
B.
Applicability.
The procedures for an Amending Plat shall apply only if the
sole purpose of the Amending Plat is to achieve one or more of the
following Purposes:
1.
Error
Corrections or Administrative Adjustments.
a.
Correct
an error in a course or distance shown on the preceding Plat.
b.
Add
a course or distance that was omitted on the preceding Plat.
c.
Correct
an error in a real property description shown on the preceding Plat.
d.
Indicate
monuments set after the death, disability or retirement from practice
of the engineer or surveyor responsible for setting monuments.
e.
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.
f.
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.
g.
Correct
an error in courses and distances of lot lines between two adjacent
lots if:
2.
Relocate
Lot Lines.
a.
Relocate
a lot line to eliminate an inadvertent encroachment of a building
or other improvement on a lot line or easement.
3.
Replatting.
a.
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:
i.
The
changes do not affect applicable zoning and other regulations of the
municipality;
ii.
The changes do not attempt to amend or remove any covenants or restrictions;
and
iii.
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 (per State law, TLGC 212.016).
b.
Replat
one or more lots fronting on an existing street if:
i.
The
owners of all those lots join in the Application for amending the
Plat;
ii.
The amendment does not attempt to remove recorded covenants or restrictions;
iii.
The amendment does not increase the number of lots; and
iv.
The amendment does not create or require the creation of a new street
or make necessary the extension of municipal facilities.
C.
Certificates
of Correction.
Certificates of Correction are prohibited.
D.
Notice
Not Required.
The approval and issuance of an Amending
Plat shall not require notice, hearing or approval of other lot owners.
F.
Action
by City Manager.
The City Manager shall:
1.
Determine
whether the Amending Plat meets the regulations of these Subdivision
Regulations.
2.
Act within
thirty (30) calendar days following the Official Submission Date,
unless the Applicant submits a Waiver of Right to 30-Day Action as
outlined in section 4.04.D.
3.
Take one
of the following actions:
G.
Deferral
of Decision of an Amending Plat Application.
1.
Deferral
to the Commission of an Amending Plat Decision. Per subsection 5.07.F.3.c
(above), if the City Manager defers the Amending Plat Application
to the Planning and Zoning Commission, the Commission shall consider
the Application at a regular meeting. The Commission shall, upon simple
majority vote, take one of the following actions:
a.
Approve
the Amending Plat;
b.
Approve
the Amending Plat with conditions, which shall mean that the Amending
Plat shall be considered to have been approved once such conditions
are fulfilled and until the conditions are satisfied, it is considered
denied. A written statement must be provided to the applicant clearly
articulating each specific condition for the conditional approval.
Each condition specified in the written statement may not be arbitrary
and must include a citation to the regulation, ordinance, or law that
is the basis for the conditional approval; or
c.
Deny
the Amending Plat. A written statement must be provided to the applicant
clearly articulating each specific reason for denial. Each reason
specified in the written statement may not be arbitrary and must include
a citation to the regulation, ordinance, or law that is the basis
for the denial
d.
Applicant
Response to Conditional Approval or Denial. After the conditional
approval or denial of a plat, the applicant may submit a written response
that satisfies each condition for the conditional approval or remedies
each reason for denial provided. The Planning and Zoning Commission
shall determine whether to approve or deny the applicant’s previously
conditionally approved or denied plat no later than the fifteenth
(15th) day after the date the response was submitted.
(Ordinance 2013-32 adopted 12/3/13; Ordinance 2021-09 adopted 2/11/21)
A.
Purpose.
The purpose of a Plat Vacation is to provide an expeditious
means of vacating a recorded Plat in its entirety, consistent with
provisions of State law.
B.
Initiation
of a Plat Vacation.
1.
By Property
Owner.
The property owner of the tract covered by a Plat
may submit an Application to vacate the Plat at any time before any
lot in the Plat is sold.
2.
By All
Lot Owners.
If lots in the Plat have been sold, an Application
to vacate the plat must be submitted by all the owners of lots in
the Plat.
3.
City
Council.
If the City Council, on its own motion, determines
that the Plat should be vacated in the interest of and to protect
the public’s health, safety and welfare; and:
a.
No lots
within the approved Plat have been sold within five (5) years following
the date that the Filing Plat was approved by the City; or
b.
The
property owner has breached a Development 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 the property owner or its successor; or
c.
The
Plat has been of record for more than five (5) years, and the City
Council determines that the further sale of lots within the Subdivision
or addition presents a threat to public health, safety and welfare,
except that the vacation shall apply only to lots owned by the property
owner or its successors.
C.
Notice.
Published notice of the public hearing shall be given in accordance with section 4.06 Public Hearings for Replat and Plat Vacation Applications.
D.
Review
and Recommendation by the City Manager.
The City Manager
shall:
E.
Action
by the City Council.
The City Council shall:
1.
Review
the Plat Vacation Application, the findings of the City Manager, and
any other information available. From all such information, the City
Council shall make a finding as to whether or not the plat should
be vacated.
2.
Take one
of the following actions:
a.
Approve
the Plat Vacation;
b.
Approve
the Plat Vacation with conditions, which shall mean that the Plat
Vacation shall be considered to have been approved once such conditions
are fulfilled, and until the conditions are satisfied, it is considered
denied. A written statement must be provided to the applicant clearly
articulating each specific condition for the conditional approval.
Each condition specified in the written statement may not be arbitrary
and must include a citation to the regulation, ordinance, or law that
is the basis for the conditional approval; or
c.
Deny
the Plat Vacation.
A written statement must be provided
to the applicant clearly articulating each specific reason for denial.
Each reason specified in the written statement may not be arbitrary
and must include a citation to the regulation, ordinance, or law that
is the basis for the denial
d.
Applicant
Response to Conditional Approval or Denial.
After the
conditional approval or denial of a plat, the applicant may submit
a written response that satisfies each condition for the conditional
approval or remedies each reason for denial provided. The City Council
shall determine whether to approve or deny the applicant’s previously
conditionally approved or denied plat no later than the fifteenth
(15th) day after the date the response was submitted.
3.
The City
Council’s decision on a Plat Vacation shall be final.
F.
Procedures
for Recordation Following Approval.
1.
If the
City Council adopts a resolution vacating a plat in whole, it shall
record a copy of the resolution in the County Clerk’s Office.
2.
If the
City Council adopts a resolution vacating a plat in part, it shall
cause a revised Filing Plat to be recorded along with the resolution
which shows that portion of the original plat that has been vacated
and that portion that has not been vacated.
G.
Effect.
1.
On the
execution and recording of the vacating instrument, the previously
filed plat shall have no effect.
a.
Regardless
of the City Council’s action on the petition, the property owner(s)
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 City Council.
2.
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.
3.
The City
Council, at its discretion, shall have the right to retain all or
specific portions of road Right-of-Way or easements shown on the Plat
being considered for vacation. However, the City Council shall consider
Plat Vacation upon satisfactory conveyance of easements and/or Right-of-Way
in a separate legal document using forms provided by the City Attorney’s
office.
(Ordinance 2013-32 adopted 12/3/13; Ordinance 2021-09 adopted 2/11/21)
A.
Purpose.
The purpose of a Development Plat is to ensure the adequacy
of public facilities needed to serve the intended development and
the overall compliance of such development with applicable requirements
of this Subdivision Ordinance.
B.
Authority.
This Section 5.09 is adopted pursuant to the Texas Local Government Code, Chapter 212, Subchapter B, Sections 212.041 through 212.050, as amended.
C.
Applicability.
1.
To Whom
Development Plat Regulations Apply.
Any person who proposes
the development of a tract of land located within the limits or in
the Extraterritorial Jurisdiction (ETJ) of the City must have a Development
Plat of the tract prepared in accordance with LGC 212 Subchapter B
and this Subdivision Ordinance, unless a Development Plat is not required
in accordance with subsection 5.09.D Exceptions (below).
2.
The Term
“Development.”
For purposes of this Section 5.09, “development” means the new construction or the enlargement of any exterior dimension of any building, structure, or improvement.
3.
Cases
Where Development Plat Regulations Apply.
Development
Plat regulations shall apply to any land lying within the City or
within its Extraterritorial Jurisdiction (ETJ) in the following circumstances:
a.
The
development of any tract of land that has not been platted or replatted
prior to the effective date of this Subdivision Ordinance, unless
expressly exempted herein; or
b.
The
development of any tract of land for which the property owner claims
an exemption from the City’s subdivision requirements, including
requirements to replat, which exemption is not expressly provided
for in subsection 5.09.D Exceptions (below); or
c.
The
development of any tract of land for which the only access is a private
easement or street; or
d.
The
division of any tract of land resulting in parcels or lots each of
which is greater than five (5) acres in size, and where no public
improvement is proposed to be dedicated or constructed.
E.
Prohibition
on Development.
No development shall commence, nor shall any building permit, utility connection permit, electrical connection permit or similar permit be issued for any development or land division subject to this Section 5.09 until a Development Plat has been approved by the Planning and Zoning Commission and submitted to the City for filing at the County. Notwithstanding the provisions of this Section, the City shall not require building permits or otherwise enforce the City’s Building Code in the City’s Extraterritorial Jurisdiction (ETJ) in relation to any Development Plat required by this Subdivision Ordinance.
F.
Required
Information for all Development Plat Applicants.
All
Applications shall be submitted with the required information as stated
on the Application Form. Information required shall be the same as
required for a Filing Plat. In addition to this information, a Development
Plat shall:
1.
Be prepared
by a Registered Professional Land Surveyor as a boundary survey;
2.
Clearly
show the boundary of the Development Plat;
3.
Clearly
show each existing or proposed building, structure, or improvement
or proposed modification of the external configuration of the building,
structure, or improvement involving a change of the building, structure,
or improvement;
4.
Clearly
show each easement and right-of-way within or abutting the boundary
of the surveyed property;
5.
Clearly
show the dimensions of each street, sidewalk, alley, square, park,
or other part of the property intended to be dedicated to public use
or for the use of purchasers or owners of lots fronting on or adjacent
to the street, sidewalk, alley, square, park, or other part; and
6.
Be accompanied
by the required number of copies of the Development Plat, a completed
Application Form, the required submission fee (per the City’s
current Fee Schedule), and a certificate or some other form of verification
from the County appraisal district showing that all taxes have been
paid on the subject property and that no delinquent taxes exist against
the property.
G.
Accompanying
Applications.
An Application for a Development Plat may
be accompanied by an application for rezoning approval. The rezoning
Application shall be decided first. The applicant must execute a Waiver
of Right to 30-Day Action (see Section 4.04.D) that is mandated by
the State for general approval of Plats, including Development Plat
approval.
H.
Development
Plat Criteria for Approval.
The following criteria shall
be used to determine whether the application for a Development Plat
shall be approved, approved with conditions, or denied.
1.
The proposed
development conforms to all City plans, including but not limited
to, the Comprehensive Plan, utility plans and applicable capital improvements
plans;
2.
The proposed
development conforms to the requirements of the Zoning Ordinance (if
located within the City’s corporate limits) and this Subdivision
Ordinance;
3.
The proposed
development is adequately served by public facilities and services,
in conformance with City regulations;
4.
Appropriate
agreements for acceptance and use of public dedications to serve the
development have been tendered; and
5.
The proposed
development conforms to the design and improvement standards contained
in this Subdivision Ordinance, Engineering Standards Manual, and any
other applicable codes or ordinances of the City that are related
to development of a land parcel.
I.
Development
Plat Review and Approval.
The review and approval procedure
for a Development Plat shall be the same as the review and approval
processes for a Filing Plat (see Section 5.04 Filing Plat).
J.
Effect.
Upon approval, the Development Plat shall be filed at the County
by the City in the same manner as prescribed for a Filing Plat (see
Section 5.04 Filing Plat).
(Ordinance 2013-32 adopted 12/3/13)
