a.
Zoning
Requirements.
A property within the City’s corporate
limits that is being proposed for platting or development must be
properly zoned by the City prior to submission of an application for
approval of any plat. In addition, the proposed development layout
or subdivision design shown on the proposed plat must be in conformance
with all standards and requirements prescribed in the City’s
Zoning Ordinance and this Ordinance.
1.
Noncompliance
with the requirements of the zoning district in which the subject
property is located, or lack of the proper zoning, shall constitute
grounds for denial of the concept plan or plat.
2.
Any
concept plan or plat submitted for approval by the City shall be in
accordance with the City’s Zoning Ordinance, if the property
is located within the City’s corporate limits[.] If the property
is located within the City’s corporate limits or extraterritorial
jurisdiction, it shall be in accordance with the City’s Comprehensive
Plan, including all adopted water, sewer, storm drainage, future land
use, park, recreation, open space and thoroughfare plans. All plats
shall be prepared by a Registered Professional Land Surveyor (RPLS).
b.
Classification
of Subdivisions and Additions.
Before any tract of land
or plat is filed for record with the County Clerk, the developer shall
apply for and secure approval of the required subdivision plat from
the Planning & Zoning Commission, in accordance with the following
procedures, unless otherwise provided within this Ordinance.
1.
Minor
subdivisions may be approved for residential or nonresidential properties.
Minor plat approval by the Community Development Director (or designee)
requires the submission of a Final Plat drawing and other submission
materials required by the City. Lots may be conveyed or sold only
when the plat has been approved by the City and the plat has been
filed with Hunt County.
2.
Major
subdivisions may be approved for residential or nonresidential properties.
The procedure for approval of a major subdivision typically involves
two steps: a Preliminary Plat and Final Plat. Sections 2.1 through
2.4 of this Ordinance provide the requirements for each; major plat
approval shall be in accordance with these sections. All major subdivision
plats must be reviewed and approved by the Planning & Zoning Commission.
If the land is required to be platted, no conveyance or sale of any
portion or lot of the property may occur until after the Final Plat
is approved by the Planning & Zoning Commission and filed with
Hunt County.
c.
Submission
Requirements For All Types of Plat Applications.
In addition
to the requirements outlined herein for each type of development application,
the City may maintain separate policies and procedures for the submission
and processing of applications including, but not limited to, application
forms, checklists for information to be shown on plats, language blocks
for plats, and other similar items. The forms and paperwork are available
in the Community Development Department. These policies and procedures
may be amended from time to time, and it is the applicant’s
responsibility to be familiar with, and to comply with, these policies
and procedures.
d.
Application
Processing For All Types of Plats.
1.
Complete
Application Determination.
Every application for approval
of a Preliminary Plat or Final Plat shall be subject to a determination
of completeness by the planning director. No application shall be
accepted for processing unless it is accompanied by all documents
required by and prepared in accordance with the requirements of this
Subdivision Ordinance. The Community Development Director from time
to time may identify additional requirements for a complete application
that are not contained within but are consistent with the application
contents and standards set forth in the Subdivision Ordinance. The
Director also may promulgate a fee for review of the application for
completeness.
2.
Incompleteness
as Grounds for Denial.
The processing of an application
by any City official or employee prior to the time the application
is determined to be complete shall not be binding on the City as the
official acceptance of the application for filing, and the incompleteness
of the application shall be grounds for denial or revocation of the
application. A determination of completeness shall not constitute
a determination of compliance with the substantive requirements of
this Subdivision Ordinance.
3.
Preapplication
Conference.
A property owner may request a Preapplication
Conference with the Community Development Director for purposes of
identifying requirements that are applicable to a proposed plat. The
request shall be made in writing on a form prepared by the Director
and shall state that any proposed development concept discussed at
the Preapplication Conference is not intended as a plan of development
or application for plat approval.
4.
Time
for Making Determination.
Following submission of a plan
of development or plat application, the Community Development Director
shall make a determination in writing whether the plan or application
constitutes a complete application for a Preliminary Plat or a Final
Plat not later than the tenth (10th) business day after the date the
application is submitted. The determination shall specify the documents
or other information needed to complete the application and shall
state the date the application will expire if the documents or other
information is not provided.
5.
When
Deemed Complete.
An application for approval of a Preliminary
Plat that is filed on or after April 28, 2005, or any subsequent Preliminary
Plat or Final Plat application filed after approval of such Preliminary
Plat, shall be deemed complete on the eleventh (11th) business day
after the application has been received, if the applicant has not
otherwise been notified that the application is incomplete.
6.
Time
for Completing Application.
If an application is not
completed on or before the forty-fifth (45th) day after the application
is submitted to the Community Development Director for processing
the application in accordance with his or her written notification,
the application will be deemed to have expired and it will be returned
to the applicant together with any accompanying documents. Thereafter,
a new application for approval of the Preliminary Plat or Final Plat
must be submitted. The City may retain any fee paid for reviewing
the application for completeness.
7.
Sequence
of Applications.
Notwithstanding any other provision
of this Subdivision Ordinance to the contrary, an application for
a Preliminary Plat or Final Plat shall not be considered complete
unless accompanied by a copy of the Zoning Ordinance or other certification
verifying that the proposed use, lots sizes and lot dimensions for
which the application is submitted is authorized by the zoning district
in which the property is located.
8.
Vested
Rights.
No vested rights accrue solely from the filing
of an application that has expired pursuant to this section, or from
the filing of a complete application that is subsequently denied.
9.
Official
Filing Date.
The time period established by state law
or this Subdivision Ordinance for processing or deciding an application
shall commence on the date that a complete application has been accepted
for filing, which is the date that shall be deemed the official filing
date.
e.
Submission
Procedures and City Review Process For All Types of Plats.
1.
Submission
Timing.
An application for approval of any plat shall
be submitted to the City at least twenty (20) calendar days, but no
more than thirty (30) calendar days unless the applicant waives the
30-day requirement for action on the plat in writing, prior to the
Planning & Zoning Commission meeting at which it is to be considered.
2.
Submission
Materials.
The application shall include the following
materials which shall be submitted to the Community Development Department
for review in order for the application to be deemed complete.
(a)
A written application form which bears the original signature(s)
of the property owner(s) of the subject property.
(b)
The appropriate submission fee.
(c)
The appropriate number of full size sets as stated on the application
form (available at the Community Development Department) of full-size
folded prints of the plat, as required by the City’s current
development review policies and requirements, and one black-and-white
reduction of the plat. The size and number of these prints and reductions
shall be determined by the Community Development Director.
(d)
A copy of any applicable development agreement pertaining to the
subject property (if any).
(e)
A Tax Certificate from the Hunt County Tax Assessor Collector showing
that all taxes have been paid on the subject property (required only
at the time of Final Plat application), and that no delinquent taxes
exist against the property, as shown in the Hunt County deed records.
Documentation shall also be included that shows no delinquent assessments,
fees, or other debts or obligations to the City and which are directly
attributable to the subject property.
(f)
An engineer’s summary report which describes, in as much detail
as necessary, the following:
(1)
The overall nature and scope of the proposed development, including
zoning of the property, proposed use(s) and acreage of each proposed
use, minimum lot sizes, widths and depths, number of lots to be created,
and special amenities or facilities that will be included in the development;
(2)
How the property will be served with required utilities and services;
(3)
How stormwater drainage will be handled;
(4)
An itemization and description of any waivers/suspensions from provisions
of this Ordinance that will be sought.
(g)
Construction plans prepared by a professional engineer for all of
the infrastructure and site improvements required to serve the development
(required only with the final plat application).
(h)
If located within the City’s ETJ; letters shall also be provided
from each of the applicable utility service providers, including water,
wastewater, gas, electricity, telephone, cable TV and solid waste,
verifying their ability to provide an adequate level of service for
the proposed development.
(i)
If the development will involve fifty (50) of [or] more living units;
A copy of a letter previously sent to the local School which contains
information relative to the size (with respect to the anticipated
number of homes and/or school-age children), location and timing of
the proposed development, and which includes an invitation to express
any desire they may have to obtain a future school site within any
portion of the subject property.
(j)
Proof of land ownership as required in Section 2.1(f).
3.
Other
Submission Requirements.
(a)
All plat drawings and other corresponding plans and drawings, including
engineering plans and landscape and screening plans shall be drawn
to a standard engineering scale of no more than one hundred feet to
the inch (1" = 100'). In cases of large developments which would exceed
the dimensions of the sheet at one hundred foot (100') scale, plats
may be on multiple sheets and in a format that will be acceptable
for eventual filing at Hunt County. If there are multiple sheets,
then a key sheet is needed.
(b)
Other applicable information and materials may be deemed appropriate
by the City, and therefore may be required by the City. Such materials
must also be submitted for an application to be deemed complete.
4.
City
Staff Review.
Upon official submission of an application
for plat approval, the City shall commence technical review of the
development proposal by forwarding a copy of the application and plat
to the City’s Development Review Committee which shall include
representatives of the franchised utility companies, TXDOT, GISD,
appropriate personnel from various City Departments.
(a)
City development review team members shall review the plat and shall
ascertain its compliance with these and other applicable City regulations.
(b)
Following City staff review of the plat and supporting documents,
and following discussions with the applicant on any revisions deemed
advisable and the kind and extent of improvements to be installed,
the applicant shall resubmit additional copies of the corrected plat
(and engineering plans, if applicable) to the Community Development
Department no later than seven (7) days prior to the Commission meeting
for final review and inclusion in the Commission packets.
5.
Official
Filing of the Submitted Plat.
The official filing date
of a submitted plat shall be consistent with the date upon which the
submitted plat is deemed by the City to be a complete application.
6.
Resubmission &
Scheduling.
(a)
Failure to resubmit corrected copies of the plat (and engineering
plans, if applicable) back to the City in time for adequate review
prior to the Planning & Zoning Commission [meeting] shall be cause
for the Community Development Department to forward the plat application
to the Commission as it was originally submitted rather than the corrected
version of the plat unless the 30-day waiver statement has been signed
by the applicant.
(b)
If, upon resubmission of the corrected plat to the City, the Community
Development Director determines that the application is still incomplete
or is not correct to a reasonable extent, the plat application shall
be subject to denial.
(c)
After the plat has been scheduled on an agenda (or at any time prior),
the applicant may request, in writing, a waiver of the 30-day approval
requirement in order to allow him or her more time to correct deficiencies,
address concerns, or otherwise improve the plat pursuant to the City’s
regulations. After receipt of the request, the City may delay action
on the Final Plat beyond thirty (30) calendar days following the official
submission date.
7.
Action
by the Planning & Zoning Commission.
All subdivision
plat applications (except Minor Plats and Amending Plats) that have
not expired shall be reviewed by the Planning & Zoning Commission
and if in complete conformance with the provisions of this Ordinance
and with all other applicable regulations of the City, then they shall
be approved by the Planning & Zoning Commission.
(a)
The Commission shall review each plat application and shall take
action to either approve the plat application or approve the plat
application subject to certain conditions, or shall vote to deny the
plat application, within thirty (30) calendar days following the official
filing date unless the applicant has submitted a written waiver of
the 30-day review/approval time pursuant to Subsection 6.(c) above.
(b)
The Planning & Zoning Commission shall approve or deny the plat
application by a simple majority vote of the Commission members present
and voting.
(c)
If the Commission denies a plat application, the Commission shall
state such disapproval and the reasons therefore [therefor]. The Commission’s
decision to deny a plat may be appealed to the City Council.
f.
Proof
of Land Ownership.
The City requires proof of land ownership
prior to approval of any development application involving real property.
Along with the application submission, the applicant shall provide
evidence that he or she is the owner of record of the subject land
parcel or parcels, or is the property owner’s authorized agent.
The Community Development Department shall have the authority to determine
what document(s) the City will require to prove ownership, such as
a letter of title guarantee from a licensed attorney; Tile [ Title]
Policy, Title Commitment, or some other documentation that is acceptable
to the City Attorney. If ownership cannot be conclusively established
prior to the meeting date on which the development application will
be heard, the City shall have the authority to deny the application
on the basis of protecting the public interest.
g.
Preliminary
Plat Expiration & Extension.
1.
Expiration.
An approved preliminary plat application shall expire and shall
thereafter be deemed null and void if a Final Plat application for
all the land subject to the Preliminary Plat has not been approved
within two (2) years from the date of the Commission’s approval
of the Preliminary Plat. Subsequent expiration of the Final Plat shall
also result in expiration of the preliminary plat for the same land.
Upon expiration, or upon denial of a timely submitted request for
extension of plat approval, a new plat application shall be submitted,
subject to requirements in effect at the time the application is filed
with the City.
2.
Extension.
The Commission may extend a Preliminary Plat for a period not
to exceed one (1) year on the written request of the applicant. The
request must be filed before the Preliminary Plat expires and must
document the reasons for the extension. In determining whether to
grant a request, the Commission shall take into account the reasons
for the requested extension, the ability of the applicant to comply
with any conditions attached to the original approval, whether extension
is likely to result in timely completion of the project, and the extent
to which any newly adopted regulations should be applied to the proposed
development. In granting an extension, the Commission may impose such
conditions as are needed to assure that the land will be developed
in a timely fashion and that the public interest is served, including
compliance with one or more new adopted development standards.
h.
Construction
Plans Expiration & Extension.
1.
Expiration.
Approved construction plans shall be valid for a period of five
(5) years from the date of the City Engineer’s approval after
which they shall expire and shall be deemed null and void. Upon expiration,
or upon denial of a timely submitted request for extension of the
approval of the construction plans, new construction plans shall be
submitted, subject to requirements in effect at the time the construction
plans are filed with the City.
2.
Extension.
The Commission may extend the approval of construction plans
for a period not to exceed one (1) year on the written request of
the applicant. The request must be filed before the construction plans
expire and must document the reasons for the extension. In determining
whether to grant a request, the Commission shall take into account
the reasons for the requested extension, the ability of the applicant
to comply with any conditions attached to the original approval, whether
extension is likely to result in timely completion of the project,
and the extent to which any newly adopted regulations should be applied
to the proposed development. In granting an extension, the Commission
may impose such conditions as are needed to assure that the land will
be developed in a timely fashion and that the public interest is served,
including compliance with one or more new adopted development standards.
(Ordinance 06-117, sec. 2, adopted 9/26/06)
a.
Definitions.
For purposes of this Section only, the following terms apply:
1.
Final
Plat
means the final stage of approval of a subdivision
or addition required by prior Subdivision Regulations as a condition
of recording a division of land in the deed records of Hunt County
and that was approved or filed for approval pursuant to such prior
Subdivision Regulations.
2.
Prior
plat
means a land study, concept plan, sketch plat, Preliminary
Plat or other similar representation showing a division of land into
lots or tracts approved or filed for approval pursuant to prior Subdivision
Regulations, other than a Final Plat.
3.
Prior
Subdivision Regulations
means any subdivision regulation
or rule incorporated within a Subdivision Ordinance of the City of
Greenville that was in effect prior to May 11, 2000.
b.
Expiration
of Dormant Plat.
Any prior plat or portion thereof, or
any Final Plat or portion thereof that has not been recorded, which
prior plat or Final Plat was approved or filed for approval before,
but that was not subject to an expiration date under prior Subdivision
Regulations on, May 11, 2000, shall expire at 5:00 p.m. on August
31, 2005.
c.
Appeal.
The owner of the land subject to the prior plat or Final Plat that expires under Subsection (a) may petition the City Council to reinstate such prior plat or Final Plat by filing a vested rights petition (see Section 1.8) within six (6) months of the expiration. The petition shall clearly state the grounds for reinstatement, and shall be accompanied by documentation of one of the following:
1.
As
of May 11, 2000, one of the following events had occurred:
(a)
In the case of an approved prior plat:
(1)
A Final Plat application for all or part of the land subject to the
approved prior plat was approved, or was filed and was subsequently
approved, or an application for a Final Plat was submitted for all
or part of the land subject to the approved prior plat, but such application
was rejected on grounds of incompleteness;
(2)
Costs for development of the land subject to the prior plat, including
but not limited to costs associated with street, utility and other
infrastructure facilities designed to serve the land in whole or in
part, but exclusive of land acquisition costs, were incurred in the
aggregate amount of five percent (5%) of the most recent appraised
market value of the land subject to the prior plat;
(3)
Fiscal security was posted to ensure performance of an obligation
required for development of all or a part of the land subject to the
approved prior plat; or
(b)
In the case of an approved, unrecorded Final Plat:
(1)
Costs for development of the land subject to the Final Plat, including
but not limited to costs associated with street, utility and other
infrastructure facilities designed to serve the land in whole or in
part, but exclusive of land acquisition costs, were incurred in the
aggregate amount of five percent (5%) of the most recent appraised
market value of the land subject to such Final Plat;
(2)
Fiscal security was posted after approval of the Final Plat to ensure
performance of an obligation required for all or a part of the land
subject to the approved Final Plat; or
(3)
Utility connection fees or impact fees for all or part of the land
subject to the approved Final Plat were paid.
2.
For
an approved prior plat, one of the following events occurred after
May 11, 2000, but before the expiration date specified in Subsection
b above:
d.
Council
Action.
The City Council may take one of the following
actions:
1.
Reinstate
the expired prior or Final Plat subject to such expiration dates as
may be authorized by law, if it finds that the petitioner has met
any one of the criteria listed in Subsection c.1 above.
2.
Reinstate
the expired prior plat for all or part of the land subject thereto,
if it finds that the petitioner has met any one of the criteria listed
in Subsection c.2 above, subject to such expiration dates or other
conditions that assure that the remaining land that is not subject
to an approved or pending Final Plat application will be developed
in a timely fashion. In granting relief under this provision, the
Council may require that development of such remaining land is subject
to standards enacted after initial approval of the expired prior plat.
3.
Deny
the petition, if it finds that the petitioner has failed to meet any
of the criteria in Subsection c above.
4.
Reinstate
the prior plat for only that part of the land subject to a pending
Final Plat application, if it finds that the petitioner has met the
criteria in Subsection c.2.(b) above and the pending plat application
subsequently was approved, and deny the petition for the remaining
land within the expired prior plat.
(Ordinance 06-117, sec. 2, adopted 9/26/06)
a.
The applicant
shall prepare a Preliminary Plat which shall include a utility layout
and conceptual plans for the construction of the subdivision and all
associated public improvements, together with other supplementary
materials as required by this Ordinance or by the City.
b.
The Preliminary
Plat shall constitute only that portion of the property or subdivision
which the applicant proposes to construct and record prior to the
expiration of the plat provided, however, that such portion conforms
to all the requirements of this Ordinance and with any other applicable
regulations and codes of the City.
c.
The Preliminary
Plat shall include all contiguous property under the ownership or
control of the applicant unless otherwise approved by the Planning
and Zoning Commission.
1.
The
contiguous property may contain more than one phase which, if so,
shall be clearly identified on the Preliminary Plat.
2.
If
not all of the contiguous property is intended to be developed, prior
to the expiration of the plat, the portion that is not intended to
be developed may be identified and treated as a Remainder Tract, if
permitted by the Planning and Zoning Commission.
(a)
A remainder tract is deemed to be that portion of a contiguous property
that is not included within the boundaries of a Preliminary Plat.
(b)
A remainder tract shall not be considered a lot or tract of the subdivision
that is shown on the Preliminary Plat.
(c)
Approval of the related Preliminary Plat shall not constitute approval
of development on a remainder tract.
(d)
Information accompanying the Preliminary Plat application for a Remainder
Tract shall be deemed to be an aid to the Planning & Zoning Commission
in taking action on the Preliminary Plat and may be used to determine
whether development of the land subject to the Preliminary Plat will
be adequately served by public facilities and services and is otherwise
in compliance with this Subdivision Ordinance, taking into account
the development of the property as a whole. Information concerning
the Remainder Tract, including topography, drainage, and existing
and planned public improvements, may be considered in formulating
conditions to approve the plat application.
(e)
Based upon such information, the Planning & Zoning Commission
may require that additional or less land be included as part of the
Preliminary Plat in order to satisfy the standards applicable to the
plat.
d.
The applicant
may choose to submit a Final Plat for review concurrently with the
Preliminary Plat. In such case, the City may schedule concurrent review
of both plats, provided that all required information and other items
are submitted for both plats, and provided that adequate review can
be achieved by the City. If the City, due to staff resources or other
factors, cannot complete its review of both plats, and other associated
materials, prior to the applicable Planning & Zoning Commission
meeting, then only the Preliminary Plat shall be considered for approval
and the Final Plat shall be denied unless the thirty (30) day review
requirement is waived in writing by the applicant.
e.
Approval
of a Preliminary Plat by the Planning & Zoning Commission shall
be deemed general approval of the street and lot layout shown on the
Preliminary Plat.
f.
Standards
for Approval.
No Preliminary Plat shall be approved by
the Planning & Zoning Commission unless the plat conforms to this
Ordinance, the Comprehensive Plan, and applicable zoning and other
City regulations.
g.
Information
Required Upon or With Preliminary Plat.
The proposed
Preliminary Plat shall show information as specified on an application
form provided by the Community Development Department.
h.
Revisions
to Approved Preliminary Plat.
1.
It
is generally recognized that minor revisions to the Preliminary Plat
will probably be needed before the Final Plat is approved and filed
at the County. Such minor revisions as slight enlargement or shifting
of easements or lot lines, addition of private or franchise utility
easements, correction of bearings or distances, correction of minor
labeling errors, addition of erroneously omitted informational items
and labels, etc. may occur on the Final Plat without having to reapprove
the Preliminary Plat. Whether or not revisions are “minor”
in nature shall be determined by the Community Development Director.
2.
Major
revisions, such as obvious reconfiguration of lot lines or easements,
relocation of driveways or access easements or fire lanes, any modification
to the perimeter or boundary of the property, and relocation or addition
or deletion of any public improvement (including corresponding easement),
shall necessitate resubmission and reapproval of the plat as a “revised
Preliminary Plat” unless otherwise approved by the Community
Development Department. The procedures for such reapproval shall be
the same as for a Preliminary Plat, and such re-approval shall constitute
a new project thus necessitating submission of a new application form,
payment of new fees, compliance with amendments to this Ordinance
which occurred since original Preliminary Plat approval, and other
requirements.
(Ordinance 06-117, sec. 2, adopted 9/26/06)
a.
The Final
Plat shall be in accordance with the Preliminary Plat, as approved,
and shall incorporate all applicable conditions, changes, directions
and additions imposed by the Planning & Zoning Commission upon
the Preliminary Plat. The Final Plat shall not be submitted prior
to approval of the Preliminary Plat (but may be submitted simultaneously
with the Preliminary Plat).
b.
Only
Final Plat applications which include the required data, completed
application form, submission fee, number of copies of the plat, record
drawings, complete engineering construction plans, and other required
information will be considered complete, shall be accepted for filing
by the City, and shall be scheduled on a Planning & Zoning Commission
agenda. Incomplete Final Plat applications will not be accepted for
filing and will not be scheduled on a Planning & Zoning Commission
agenda until the proper information is provided to City staff.
c.
Information
Required Upon or With Final Plat.
The proposed Final
Plat shall show information as specified on an application form provided
by the Community Development Department.
d.
Engineering
Plans.
As part of the Final Plat Application, the applicant
shall submit the required number of sets of the complete engineering
plans for all streets, alleys (if any), storm sewers and drainage
structures, water and sanitary sewer facilities, screening and retaining
walls, landscaping and irrigation, and any other required public improvements
for the area covered by the Preliminary Plat. Engineering plans shall
be in conformance with the Standard Design Manual and with the requirements
set forth within this Subdivision Ordinance. The engineering plans
shall also contain any plans deemed necessary to show or document
compliance with any other applicable codes and ordinances of the City
that are related to development of a land parcel. The proposed engineering
plans shall show information as specified on an application form provided
by the Community Development Department.
e.
Standards
for Approval.
No Final Plat shall be approved by the
Planning & Zoning Commission unless the following standards have
been met:
1.
The
plat substantially conforms with the approved Preliminary Plat and
other studies and plans, as applicable;
2.
The
plat and accompanying documents conform to this Subdivision Ordinance,
the Comprehensive Plan, and to applicable zoning, subdivision and
any other applicable codes or ordinances of the City that are related
to development of a land parcel.
f.
Timing
of Public Improvements.
1.
After
approval of the Final Plat by the Planning and Zoning Commission,
approval of the engineering plans and specifications by the City Engineer,
and following procurement of all applicable permits from other appropriate
agencies (such as TxDOT, railroad authorities, TQEC, U.S. Army Corps
of Engineers, FEMA and/or Hunt County), the applicant shall cause
a contractor(s) to install or construct the public improvements in
accordance with the approved plans and the City’s Standard Design
Manual and at the applicant’s expense.
2.
The
applicant shall employ Professional Engineers, Professional Registered
Land Surveyors or other professionals as necessary to design, stake,
supervise, perform and complete the construction of such improvements,
and shall cause his or her contractor to construct the said improvements
in accordance with this Ordinance and with the City’s, and any
other applicable agency’s, design standards.
3.
If
the project will require a FEMA map revision, then the proposed plans
shall also be reviewed for compliance with the City’s Floodplain
Management Ordinance prior to approval of the Final Plat and prior
to any construction activities (including but not limited to grading,
clearing, grubbing, brush removal, etc.) on the site.
4.
When
all of the improvements are found to be constructed and completed
in accordance with the approved plans and specifications and with
the City’s standards, and upon receipt by the City of Greenville
of a maintenance bond, one (1) sealed set of “As-Built”
or “Record Drawing” mylars and a digital copy of all plans
(in a format as determined by the City Engineer) shall be submitted
with a letter stating the contractors’ compliance with this
Ordinance, and bearing sealed certification by the design engineer
that all public improvements have been constructed in compliance with
all City construction standards set forth in the Standard Design Manual
and other applicable City design documents. After such letter and
certification are received, the City Engineer, shall receive and accept
for the City of Greenville the title, use and maintenance of the improvements.
g.
Effect
of Approval.
Approval of a Final Plat authorizes the
developer, upon fulfillment of all requirements and conditions of
approval, to submit the final copies, or mylars, of the plat for filing
at Hunt County. Lots may be sold only when the Final Plat has been
approved by the Planning & Zoning Commission and the plat has
been filed at Hunt County. No conveyance or sale of any portion or
lot of the property may occur until after the Final Plat is approved
by the Planning & Zoning Commission and filed at Hunt County.
h.
Revisions
to Approved Final Plat Prior to Filing at the County.
Occasionally, minor revisions are needed before the Final Plat can
be filed at the County. Minor revisions such as correction of bearings
or distances, correction of minor labeling errors, addition of erroneously
omitted informational items and labels, etc. may occur on the record
plat prior to filing it without the Planning & Zoning Commission
having to reapprove the Final Plat. Whether or not revisions are “minor”
in nature shall be determined by the Community Development Director.
Major revisions, such as obvious corrections or reconfiguration of
lot lines or easements, relocation of driveways or access easements
or fire lanes, any modification to the perimeter or boundary of the
property, and relocation or addition or deletion of any public improvement
(including corresponding easement), shall necessitate resubmission
and reapproval of the plat as a “revised Final Plat” unless
otherwise approved by the Community Development Department, as applicable.
The procedures for such reapproval shall be the same as for a Final
Plat, and such reapproval may constitute a new project thus necessitating
submission of a new application form, payment of new fees, compliance
with amendments to this Ordinance which occurred since original Final
Plat approval, and other requirements.
i.
Subsequent
to Final Plat approval by the Planning & Zoning Commission, the
applicant shall return signed and notarized copies of the Final Plat,
as approved, along with any other required documents and fees necessary
for filing the plat with the County Clerk, to the Community Development
Department within forty-five (45) calendar days following approval,
in accordance with requirements established by the City.
1.
All
easements shall be included on the Final Plat, including the recording
information for those easements that are filed or recorded as separate
instruments, as required by utility companies and the City of Greenville
prior to filing the Final Plat.
2.
If
the required copies and materials are not returned to the City within
the specified 45-day time frame, the approval of the Final Plat shall
be null and void unless an extension is granted by the City Council.
3.
The
City shall cause the Final Plat to be filed at the office of the County
Clerk of Hunt County within forty-five (45) calendar days following
receipt of all filing materials, including filing fees.
(Ordinance 06-117, sec. 2, adopted 9/26/06)
a.
Purpose.
The purpose of a Conveyance Plat is to subdivide land and to
provide for recordation of same, for the purpose of conveying (i.e.,
selling) the property without developing it. A Conveyance Plat may
be used to convey the property or interests therein; however, a Conveyance
Plat does not constitute approval for any type of development on the
property. A Conveyance Plat is an interim step in the subdivision
and development of land.
b.
Applicability.
A conveyance plat may be used in lieu of a final plat to record
the subdivision of property, provided that no portion of the development
is intended for immediate development.
c.
Filing.
No Final Plat processed and approved in association with a Conveyance
Plat shall be filed without the concurrent filing of the associated
approved Conveyance Plat.
d.
Conveyance
Plat Requirements.
1.
Unless
otherwise specified within this Section 2.5 for specific requirements
for a Conveyance Plat, a Conveyance Plat shall be processed, approved,
or appealed using the same timing and procedures, including recordation,
as specified for a Final Plat.
2.
No
building or development permits shall be issued nor permanent utility
service provided for land that has only received approval as a Conveyance
Plat; a Final Plat must be filed for building and development permits
and for utility service. Notwithstanding the above, the Public Works
Director and Community Development Director may authorize temporary
building permits, temporary occupancy permits, temporary utility service,
and billboards.
3.
A Conveyance
Plat may be superseded by a revised Conveyance Plat or a Final Plat
in total or in part through compliance with the procedures and requirements
of this Ordinance.
e.
Standards
for Approval.
1.
Access
– All lots created by a Conveyance Plat shall have frontage
and access to an existing or proposed public street, defined on the
City’s Thoroughfare Plan, or an existing standard street meeting
City construction standards and accessing the existing City street
system. All lots created by a Conveyance Plat shall provide points
of access as required by the Zoning Ordinance and/or by this Ordinance.
2.
Reservation
of Rights-of-Way
– Conveyance plats must identify
any future rights-of-way for public thoroughfares and streets specified
on the City’s Thoroughfare Plan or approved land study. The
identification of the right-of-way does not grant any right or interest
in the property to the City or other entity. The final alignment may
be adjusted upon final platting in order to meet engineering design
standards.
3.
Dedication
of Rights-of-Way
– Dedication of right-of-way shall
be required where a conveyance plat is used to record the remainder
of a tract created by the final platting of a portion of the property.
The required right-of-way dedication shall be limited to that which
is necessary to provide access to the property proposed for final
plat approval and to complete turn lanes, intersections and transitions
in road pavement width resulting from development of property proposed
for final plat approval.
f.
Effect
of Approval.
1.
Conveyance
plat approval and acceptance by the City does not relieve the owner
from obligations, including fees, required by other sections of this
or any other Chapter of the City Code of Ordinances pertaining to
the improvement of the property or extension of services as required
to make the property suitable for development.
2.
Neither
reservation nor dedication of right-of-way shall relieve the property
owner from any obligation for street construction or assessments associated
with public street improvement programs. Easements for access, utilities
and drainage may be recorded on conveyance plats.
3.
No
building or development permits shall be issued nor permanent utility
service provided for land that has only received approval as a Conveyance
Plat; a Final Plat must be filed for building and development permits
and for utility service.
(Ordinance 10-111 adopted 11/9/10)
a.
Authority.
This Section is adopted pursuant to the Texas Local Government
Code, Chapter 212, Subchapter B, Sections 212.041 through 212.050,
as amended.
b.
Applicability.
For purposes of this Section, the term “development”
means the construction of any building, structure or improvement of
any nature (residential or nonresidential), or the enlargement of
any external dimension thereof. This Section shall apply to any land
lying within the City or within its extraterritorial jurisdiction
in the following circumstances:
1.
The
development of any tract of land which has not been platted or replatted
prior to the effective date of this Ordinance, unless expressly exempted
herein; or
2.
The
development of any tract of land for which the property owner claims
an exemption from the City’s Subdivision Ordinance, including
requirements to replat, which exemption is not expressly provided
for in such regulations; or
3.
The
development of any tract of land for which the only access is a private
easement or street; or
4.
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.
c.
Exceptions.
No Development Plat shall be required, where the land to be
developed has received Final Plat or Replat approval prior to the
effective date of this Ordinance or a Final Plat or Replat has been
filed in accordance with this ordinance.
d.
Prohibition
on Development.
No development shall commence, nor shall
any building permit, for any development or land division subject
to this Section, 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 in
relation to any Development Plat required by this Subdivision Ordinance.
e.
Standards
of Approval.
The Development Plat shall not be approved
until the following standards have been satisfied:
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, parks and open space in conformance with City regulations;
4.
The
proposed development will not create a safety hazard on a public street
(such as by not providing adequate on-site parking or vehicle maneuvering
space for a restricted-access/gated entrance);
5.
Appropriate
agreements for acceptance and use of public dedications to serve the
development have been tendered; and
6.
The
proposed development conforms to the design and improvement standards
contained in this Ordinance and in the City’s Standard Design
Manual, and to any other applicable codes or ordinances of the City
that are related to development of a land parcel.
f.
Conditions.
The Planning and Zoning Commission may impose such conditions
on the approval of the Development Plat as are necessary to insure
compliance with the standards in Subsection e above.
g.
Approval
Procedure.
The application for a Development Plat shall
be submitted to the City in the same manner as a Final Plat (see Sections
2.1 and 2.4), and shall be approved, conditionally approved, or denied
by the Planning and Zoning Commission in a similar manner as a Final
Plat. Upon approval, the Development Plat shall be filed at the County
by the City in the same manner as prescribed for a Final Plat (see
Section 2.1 and Section 2.4), and approval of a Development Plat shall
expire if all filing materials are not submitted to the Community
Development Department and if the plat is not filed at the County
within the time periods specified for a Final Plat.
h.
Submittal
Requirements
– In addition to all information that
is required to be shown on a Final Plat (see Section 2.4 or on the
City’s related checklist), a Development Plat shall:
1.
Be
prepared by a Registered Professional Land Surveyor;
2.
Clearly
show the boundary of the Development Plat;
3.
Be
accompanied by a site plan showing each existing or proposed building,
structure or improvement or proposed modification of the external
configuration of the building, structure or improvement involving
a change therein;
4.
Show
all easements and rights-of-way within or adjacent to the Development
Plat; and
5.
Be
accompanied by the required number of copies of the 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 Hunt County Appraisal District showing that all taxes have
been paid on the subject property and that no delinquent taxes exist
against the property in accordance with Section 1.13.
6.
A copy
of all application materials for a Development Plat shall be simultaneously
submitted to the Community Development Department for review in the
same manner as for a Final Plat, or the application shall be deemed
incomplete.
(Ordinance 06-117, sec. 2, adopted 9/26/06; Ordinance 07-083 adopted 7/24/07)
a.
Replat
Required.
Unless otherwise expressly provided for herein,
a property owner who proposes to replat any portion of an already
approved and filed Final Plat, other than to amend or vacate the plat,
must first obtain approval for the Replat under the same standards
and by the same procedures prescribed for the final platting of land
by this Ordinance. All improvements shall be constructed in accordance
with the same requirements as for a construction or Final Plat, as
provided herein. The Community Development Director may waive or modify
requirements for a Replat under certain circumstances where the proposed
Replat does not involve a large land parcel or an existing structure
or business on the subject property, and where the proposed plat revisions
are relatively simple in nature.
b.
Replatting
Without Vacating Preceding Plat.
A Replat of a Final
Plat or portion of a Final Plat may be recorded and is controlling
over the preceding plat without vacation of that Final Plat if the
Replat:
1.
Is
signed and acknowledged by only the owners of the property being replatted;
2.
Is
approved, after a public hearing on the matter at which parties in
interest and citizens have an opportunity to be heard by the Planning &
Zoning Commission; and
3.
Does
not attempt to amend or remove any covenants or restrictions previously
incorporated in the Final Plat.
c.
Previous
Requirements or Conditions of Approval Which Are Still Valid.
In addition to compliance with (b) above, a Replat without vacation
of the preceding plat must conform to the requirements of this Section
if:
1.
During
the preceding five (5) years, any of the area to be replatted was
limited by a zoning classification to residential use for not more
than two (2) residential units per lot; or
2.
Any
lot in the preceding plat was limited by deed restrictions to residential
use for not more than two (2) residential units per lot.
d.
Notice
of the public hearing required under (b) above shall be given before
the fifteenth (15th) calendar day before the date of the hearing by
publication in an official newspaper or a newspaper of general circulation
in Hunt County. Notice of the public hearing shall also be given by
written notice before the fifteenth (15th) calendar day before the
date of the hearing, with a copy or description of any requested waivers/suspensions,
sent to the property owners, as documented on the most recently approved
ad valorem tax roll of the City, of lots that are in the original
subdivision and that are within two hundred feet (200') of the lot(s)
to be replatted. In the case of a subdivision in the extraterritorial
jurisdiction, the most recently approved County tax roll shall be
used. The written notice may be delivered by depositing the notice,
properly addressed with appropriate postage paid, in a post office
or postal depository within the boundaries of the City.
e.
If the
property owner(s) of twenty percent (20%) or more of the total land
area of lots to whom notice is required to be given under Subsection
b [d] above file with the City a written protest of the replatting
before or at the public hearing, or if the Replat requires a waiver/suspension
as defined in Section 1.11, then approval of the Replat will require
the affirmative vote of at least three-fourths (3/4) of the full Planning &
Zoning Commission. For a legal protest, written instruments signed
by the owners of at least twenty percent (20%) of the total land area
of the lots or land immediately adjoining the area covered by the
proposed Replat and extending two hundred feet (200') from that area,
but within the original subdivision, must be filed with the City prior
to the close of the public hearing. In computing the percentage of
land area subject to the “20% rule” described above, the
area of streets and alleys shall be included.
f.
Compliance
with Subsection c above is not required for approval of a Replat for
any part of a preceding plat if the area to be replatted was designated
or reserved for other than single- or two-family (i.e., duplex) residential
use by notation on the last legally recorded plat or in the legally
recorded restrictions applicable to the plat. For example, for a Replat
involving nonresidential property, a public hearing must be held,
pursuant to Subsection b.2. above, but notice of the hearing does
not have to appear in the newspaper and written notices do not have
to be mailed to individual property owners within two hundred feet
(200') of the subject property.
g.
Any Replat
which adds or deletes lots must include the original subdivision and
lot boundaries. If a Replat is submitted for only a portion of a previously
platted subdivision, the Replat must reference the previous subdivision
name and recording information, and must state on the Replat the specific
lots which have changed along with a detailed “Purpose for Replat”
statement.
h.
If the
previous plat is vacated as prescribed in Section 212.013 of the Texas
Local Government Code, as amended, and as provided in Section 2.9
of this Ordinance, a public hearing is not required for a Replat of
the area vacated. It would, instead, be submitted as a new subdivision
plat and reviewed accordingly.
i.
The Replat
of the subdivision shall meet all the requirements for a Final Plat
for a new subdivision that may be pertinent, as provided for herein,
including requirements that pertain to infrastructure, such as roadways
and utilities. Approval of a revised preliminary plat may be required
prior to the approval of a replat if the replat necessitates the construction
of public infrastructure or requires amendments to previously approved
infrastructure construction plans.
j.
The title
shall identify the document as a “Final Plat” of the “___________
Addition, Block ___________, Lot(s) ___________, Being a Replat of
Block __________, Lot(s) ___________ of the ___________ Addition,
an addition to the City of Greenville, Texas, as recorded in Volume/Cabinet
___________ , Page/Slide ___________ of the Plat Records of Hunt County,
Texas”.
k.
An application
submittal for a Replat shall be the same as for a Final Plat, and
shall be accompanied by the required number of copies of the plat,
a completed application form, the required submission fee (per the
City’s current fee schedule), and a certificate showing that
all taxes have been paid on the subject property and that no delinquent
taxes exist against the property in accordance with Section 1.13.
The Replat shall also bear a detailed “Purpose for Replat”
statement which describes exactly what has been changed on the plat
since the original (or previous) plat was approved by the City and
filed at the County. A copy of all application materials for a Replat
shall be simultaneously submitted to the Community Development Department
for review in the same manner as for a Final Plat, or the application
shall be deemed incomplete.
l.
The Replat
shall be filed at the County in the same manner as prescribed for
a Final Plat, and approval of a Replat shall expire if all filing
materials are not submitted to the Community Development Department
and if the Replat is not filed at the County within the time period
specified for a Final Plat.
m.
The Community
Development Director shall be empowered to approve replats involving
four or fewer lots fronting on an existing street and not requiring
the creation of any new street or the extension of municipal facilities.
The Community Development Director may, at his or her discretion and
for any reason, elect to present the application for such a replat
the Planning & Zoning Commission for approval. Any decision made
on the replat by the Community Development Director shall be approval
of the plat. Should the Community Development Director refuse to approve
the replat, then the replat shall be referred to the Commission for
approval within the time period required by State law.
(Ordinance 06-117, sec. 2, adopted 9/26/06; Ordinance 07-083 adopted 7/24/07)
a.
An Amending
Plat shall meet all of the informational, procedural, and relevant
submission requirements set forth for a Final Plat.
b.
A copy
of all application materials for an Amending Plat shall be simultaneously
submitted to the Community Development Director for review in the
same manner as for a Final Plat, or the application shall be deemed
incomplete.
c.
An Amending
Plat may be recorded and is controlling over the preceding or Final
Plat without vacation of that plat, if the plat being amended is signed
by the applicants only and if the plat being amended is for one or
more of the purposes set forth in this Section. The procedures for
amending a plat shall apply only if the sole purpose of amending the
plat is to achieve at least one (1) of the following:
1.
Correct
an error in a course or distance shown on the preceding plat;
2.
Add
a course or distance that was omitted on the preceding plat;
3.
Correct
an error in a real property description shown on the preceding plat;
4.
Indicate
monuments set after the death, disability, or retirement from practice
of the engineer or RPLS responsible for setting monuments;
5.
Show
the location or character of a monument that has been changed in location
or character or that is shown incorrectly as to location or character
on the preceding plat;
6.
Correct
any other type of scrivener or clerical error or omission previously
approved by the municipal authority responsible for approving plats,
including lot numbers, acreage, street names, and identification of
adjacent recorded plats;
7.
Correct
an error in courses and distances of lot lines between two (2) adjacent
lots if:
(a)
Both lot owners join in the application for amending the plat;
(b)
Neither lot is abolished;
(c)
The amendment does not attempt to remove or modify recorded covenants
or restrictions or easements; and
(d)
The amendment does not have a material adverse effect on the property
rights of the owners in the plat;
8.
Relocate
a lot line to eliminate an inadvertent encroachment of a building
or other improvement on a lot line or easement;
9.
Relocate
one (1) or more lot lines between one or more adjacent lots if:
10.
Make
necessary changes to the preceding plat to create six (6) or fewer
lots in the subdivision or a part of the subdivision covered by the
preceding plat if:
(a)
The changes do not affect applicable zoning and other regulations
of the City;
(b)
The amendment does not attempt to remove or modify recorded covenants
or restrictions or easements; and
(c)
The area covered by the changes is located in an area that the Planning &
Zoning Commission has approved, after a public hearing, as a residential
improvement area.
11.
Replat
one (1) or more lots fronting on an existing street if:
(a)
The owners of all those lots join in the application for amending
the plat;
(b)
The amendment does not attempt to remove or modify recorded covenants
or restrictions or easements; and
(c)
The amendment does not increase the number of lots; and
(d)
The amendment does not create or require the creation of a new street
or make necessary the extension of municipal facilities.
d.
The Community
Development Director shall be empowered to approve an Amending Plat.
The Community Development Director may, at his or her discretion and
for any reason, elect to present the application for an Amending Plat
to the Planning & Zoning Commission for approval. Any decision
made on the Amending Plat by the Community Development Director shall
be approval of the plat. Should the Community Development Director
refuse to approve the Amending Plat, then the Amending Plat shall
be referred to the Commission for approval within the time period
required by State law.[1]
[1]
Editor’s note–The and the following subsections
of this section were renumbered for sequence.
e.
Notice,
a public hearing, and the approval of other lot owners are not required
for the approval and issuance of an Amending Plat.
f.
The Amending
Plat shall be entitled and clearly state that it is an “Amending
Plat”, and it shall include a detailed “Purpose for Amending
Plat” statement which describes exactly what has been changed
on the plat since the original (or previous) plat was approved by
the City and filed at the County. It shall also state the specific
lots affected or changed as a result of the Amending Plat, and shall
include the original subdivision plat boundary.
g.
Other
than noted above, the procedure for approval of plat amendment(s)
shall be the same as in Section 2.4.
h.
The amending
plat shall be filed at the County in the same manner as prescribed
for a Final Plat, and approval of an amending plat shall expire if
all filing materials are not submitted to the City and if the plat
is not filed at the County within the time periods specified for a
Final Plat.
(Ordinance 06-117, sec. 2, adopted 9/26/06)
a.
By Property
Owner.
The property owner of the tract covered by a plat
may vacate, upon approval by the Planning & Zoning Commission,
the plat at any time before any lot in the plat is sold. The plat
is vacated when a signed, acknowledged instrument declaring the plat
vacated is approved and recorded in the manner prescribed for the
original plat (instrument language is available from the City, upon
request).
b.
By All
Lot Owners.
If some or all of the lots covered by the
plat have been sold, the plat, or any part of the plat, may be vacated
on the application of all the owners of lots in the plat with approval
obtained in the manner prescribed for the original plat.
c.
Criteria.
The Planning and Zoning Commission shall approve the petition
for vacation on such terms and conditions as are in accordance with
Section 212.013 of the Texas Local Government Code (as amended), and
as are reasonable to protect the public health, safety and welfare.
As a condition of vacation of the plat, the Planning & Zoning
Commission may direct the petitioners to prepare and seek approval
of a revised Final Plat in accordance with this Ordinance such that
the property does not become “unplatted”.
d.
Effect
of Action.
On the execution and recording of the vacating
instrument, the vacated plat shall have no effect. Regardless of the
Commission’s action on the petition, the property owner 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 Commission or City Council.
e.
City-Initiated
Plat Vacation.
1.
General
Conditions.
The Planning & Zoning Commission, on
its motion and following a public hearing on the matter, may vacate
the plat of an approved subdivision or addition when:
(a)
No lots within the approved plat have been sold within five (5) years
following the date that the plat was signed by the City;
(b)
The property owner has breached a Subdivision Improvement Agreement
(see Section 6.2) and the City is unable to obtain funds with which
to complete construction of public improvements, except that the vacation
shall apply only to lots owned by property owner or its successor;
or
(c)
The plat has been of record for more than five (5) years and the
City determines that the further sale of lots within the subdivision
or addition presents a threat to public health, safety or welfare,
except that the vacation shall apply only to lots owned by the property
owner or its successors.
2.
Procedure.
Upon any motion of the Planning & Zoning Commission to vacate
the plat of any previously approved subdivision or addition, in whole
or in part, the City shall publish notice in a newspaper of general
circulation in the County before the fifteenth (15th) day prior to
the date of the public hearing at which the plat vacation shall be
heard by the Commission. The City shall also provide written notice
to all property owners within the subdivision or addition and to all
members of the City Council. The notice shall state the time and place
for a public hearing before the Commission on the motion to vacate
the subdivision or addition plat. The Commission shall approve the
plat vacation only if the criteria and conditions cited above are
satisfied.
3.
Record
of Plat Vacation.
If the Planning & Zoning Commission
approves vacating a plat, the City shall cause a copy of the plat
vacation instrument to be recorded in the office of the County Clerk
of Hunt County along with an exhibit showing a drawing of the area
or plat vacated. The County Clerk shall write legibly on the vacated
plat the word “vacated” and shall enter on the plat a
reference to the volume and page at which the vacating instrument
is recorded. If the Planning & Zoning Commission vacates only
a portion of a plat, it shall cause a revised Final Plat drawing to
also be recorded which shows that portion of the original plat that
has been vacated and that portion that has not been vacated. On the
execution and recording of the vacating instrument the vacated plat
(or the vacated portion of the plat) has no effect.
(Ordinance 06-117, sec. 2, adopted 9/26/06)
a.
A Minor
Plat shall meet all of the informational, procedural, and relevant
submission requirements set forth for a Final Plat.
b.
A copy
of all application materials for a Minor Plat shall be simultaneously
submitted to the Community Development Department for review in the
same manner as for a Final Plat, or the application shall be deemed
incomplete.
c.
The
Community Development Director shall be empowered to approve a Minor
Plat. The Community Development Director may approve a Minor Plat,
or may, for any reason, elect to present the Minor Plat to the Planning &
Zoning Commission for consideration and approval. Any decision made
on the Minor Plat by the Community Development Director shall be approval
of the plat. Should the Community Development Director refuse to approve
the Minor Plat, then the plat shall be referred to the Planning and
Zoning Commission for review and approval, within the time period
required by State law.
d.
Notice,
a public hearing, and the approval of other lot owners are not required
for the approval [of] a Minor Plat.
e.
The
Minor Plat shall be entitled and clearly state that it is a “Minor
Plat.”
f.
The
Minor Plat shall be filed at the County in the same manner as prescribed
for a Final Plat, and approval of a Minor Plat shall expire if all
filing materials are not submitted to the City and if the plat is
not filed at the County within the time periods specified for a Final
Plat.
(Ordinance 06-117, sec. 2, adopted 9/26/06)
