Whenever any subdivision of land is proposed, and before any contract is made for the sale of any part thereof, the subdivider shall apply for and secure approval of such proposed subdivision in accordance with the following procedure.
(Ordinance 0035 adopted 1/11/94)
4.2.1 
Preliminary Plat Standards in ETJ.
Standards for preparation of preliminary plats submitted to the City Engineer for proposed subdivisions located within Horizon City’s extraterritorial jurisdiction (ETJ) of the City of five (5) miles or other cities ETJ’s shall be to standards proposed in that municipality’s subdivision ordinance. Where no conflicts exist with these standards, the plat standards proposed below will be required as a minimum.
4.2.2 
Preliminary Plat Standards.
Requirements for preparation of preliminary plats for proposed subdivision within the City Municipal limits or within the five (5) mile ETJ of the City shall be drawn to a scale of one hundred feet to one inch (100' = l"); except that a scale of two hundred feet to one inch (200' = 1") may be used if the preliminary is over one hundred acres by express permission of the City Engineer. The maximum sheet size accepted shall be 24" x 36" (Note: the maximum final plat size for recording is 24" x 36" and the minimum final plat size for recording shall be 18" x 24"). The following are additional requirements for preliminary plats located in the ETJ:
4.2.2.1 
A minimum of five (5) copies of the preliminary plat shall be submitted as follows: Two (2) copies with completed application to be delivered to the Public Works Department for the Town of Horizon City. Two (2) copies shall be submitted to the City Engineer and one (1) copy to be submitted to the Planning and Development for the County of El Paso.
4.2.2.2 
The date, scale and north point, a key plan showing the location of the tract, the name and address of the owner, and the name of the engineer and/or surveyor;
4.2.2.3 
The proposed name of the subdivision or development will not be a duplicate of any subdivision or development of record or in process within El Paso County;
4.2.2.4 
The legal description of the property proposed to be subdivided including name of the County, survey and together with reference to the nearest section corner or an original corner of the original survey of which it is a part and/or survey tie at the nearest right-of-way or existing monument. The total acreage of the subdivision shall be placed at the bottom of the legal description in a proper manner;
4.2.2.5 
Location of existing boundary lines and width and location of platted streets, alleys within or adjacent to the property, including location of watercourses, ravines, existing bridges, culverts, present structures and other features pertinent to subdivision, and location of any existing utilities with the size of sewer or water mains if they exist within the area. The total acreage of each lot is to be indicated below the lot number;
4.2.2.6 
Current topographic information approximately equivalent to two (2) feet contours on land less than 5% gradient and five (5) feet contours on land more than 5% gradient. Local U.S.G.S. datum shall be referenced. Topography shall be based on aerial photogrammetry, on field surveys conducted by the surveyor or engineer or on reliable existing topography. If the latter, the date [data] source shall be noted on the plan. Such topographical information, location and dimensions shall be of sufficient accuracy as to permit the planning of drainage facilities, streets and other proposed improvements. Developed stormwater shall be addressed in the drainage study;
4.2.2.7 
Include the names, locations, width and dimensions of proposed streets, roads, lots, alleys and of drainage and public utility easements, parks or other public spaces, sites for all public uses and other features, and their relation to streets in adjacent subdivisions, including lot lines on the plat. Also, show the location and identification of all tracts not designed as lots within the boundaries of the plat. A location map of a smaller scale as requested by the City Engineer shall be placed on the preliminary plat showing the outline and identification of the adjacent properties, location of subdivisions and how the streets or highways in the subdivision offered for record may connect with those in the nearest subdivision or other roads in the area. The location map should be oriented with the drawing and in the same direction as the detail subdivision drawing;
4.2.2.8 
The location of the boundaries of the Flood Hazard Area for the regulatory (100-Year) flood for all waterways in accordance with the requirements of El Paso County Floodplain Regulations (See El Paso County Manual “Guidelines and Procedures for Development Permits”) and the drainage requirements of this specification. Clarification of these boundaries (if any) by a professional engineer or registered surveyor is required;
4.2.2.9 
Certification from utility and/or service agencies indicating their satisfaction with the location and extent of utility easements. Said certification will also state whether services will be available sufficient to serve the subdivision. If certifications are not submitted with the preliminary plats showing all proposed easements, the City may forward plats and a comment sheet to these agencies requesting utility service information and easement location comments and will charge a fee to cover the cost;
4.2.2.10 
A general summary description of any deed restrictions proposed indicating the lots so restricted and all pertinent documents pertaining to the creation of a property owners’ association responsible for maintenance obligations, if such private ownership is to be established;
4.2.2.11 
A list of all street names.
4.2.3 
Review of Plats.
The City Engineer shall review the preliminary plat and make written comments concerning the suitability of the plat for compliance to these Subdivisions Regulations within fourteen (14) days of receipt of plats. In the event the preliminary plat for the proposed subdivision is in a city’s extraterritorial jurisdiction, 2 copies shall be provided to the city engineer at least twenty-one (21) days prior to the first presentation for consideration of the plat by the Planning & Zoning Commission of the City. The written comments of the City Engineer will be submitted through the City approval process. After recommendation of the Planning and Zoning Commission, the preliminary plat will be presented by the Building Official at the City Council next regularly scheduled meeting. Written comments will be mailed directly to the person submitting the plat with a copy to the Building Official.
4.2.4 
Expiration of Preliminary Plat Approval.
Failure of the subdivider to submit a final plat for review and approval within six (6) months of the date of approval of the preliminary plat by the City Council will nullify the approval of the preliminary subdivision plat and obligate the subdivider to reapply for preliminary plat approval, should the subdivider wish to pursue the subdivision. No vested rights will survive if the preliminary plat approval is nullified by a failure of the subdivider to submit a final plat map within the timeframe specified in this section, nor shall the subdivider be entitled to a refund of any application fees or review fees that may have been paid.
(Ordinance 0035 adopted 1/11/94; Ordinance 0035-005 adopted 6/10/97; Ordinance 0035-010 adopted 11/11/03; Ordinance 0035-012 adopted 7/20/04)
4.3.1 
Final Plat Standards Inside ETJ.
After the preliminary plat has been approved four (4) copies of the final plat shall be legibly drawn with waterproof ink on materials of a permanent nature in general use by the engineering profession. The plat shall be drawn on sheets no larger than 24" x 36" and no smaller than 18" x 24" (multiple sheets may be necessary), and shall be submitted to the City Engineer for final review prior to City Council approval. Two (2) copies of the final plat will be delivered to the Town of Horizon City and two (2) copies to the City Engineer.
4.3.2 
Information Required on Final Plat
4.3.2.1 
The date, subdivision title, scale, location map and north point.
4.3.2.2 
The name of the subdivision and adjoining subdivisions, the name of the streets (to conform wherever possible to existing street names whenever extending streets, but not to create new streets with duplicated names), numbers on each lots and blocks, and street addresses (provided by the City Engineer).
4.3.2.3 
The lines and names of all proposed streets or other ways or such easements, including a statement of the purpose for which such easements are dedicated. The lines and names of other open spaces to be dedicated for public use or granted for use by the inhabitants of the subdivision. Show all natural drains and watercourses as they exist, or as adjusted, with an easement of width as required hereafter in these specifications. All easements of record shall be shown, or if incapable of being definitely located on the ground, a statement of such easements must appear on the plat.
4.3.2.4 
Sufficient data to determine readily and reproduce on the ground the location, true bearing and length of every street line, lot line, block line, whether curved or straight and include the true north point. This shall include the complete curve date for property lines, centerlines of the rights-of-way and returns.
4.3.2.5 
The location of all permanent monuments and control points. The monuments and pins shall be delineated in a standard manner with:
(a) 
found or set monuments shown as a solid circle;
(b) 
to-be-set monuments as an open circle with a solid small circle in the center;
(c) 
to-be-set pins as an open circle to indicate return radii, change of bearing and block corners;
(d) 
square footage of each lot to be placed under lot number.
4.3.2.6 
Dimensions shall be shown in feet and hundredths of a foot, and angles in degrees, minutes and seconds. All lines and ties to primary control points and existing monuments, survey corners, etc., shall be shown.
4.3.2.7 
The location of the boundaries of the Flood Zone Area for the regulatory flood (100-Year Flood) for all waterways in accordance with the requirements of the El Paso County Floodplain Regulations and drainage requirements of these Regulations. These boundaries shall be established by a professional engineer or registered surveyor of the State of Texas, whose seal and signature shall appear on the plan. (Should the subdivider elect to contain the Flood Hazard Area within a drainage easement, the actual boundaries of the Flood Hazard Area, need not be shown provided that the Engineer certifies that the actual Flood Hazard Area boundaries are contained within the drainage easement.)
4.3.2.8 
If finished floor elevations for buildings in the lots, a portion or all of which lots lie in Flood Hazard Areas, are noted on the plat within the boundaries of the lot or tract to which they apply, then minimum development permit fees are applicable for buildings constructed on these lots. Elevation verification will still be required. The floor elevations shall be determined by the engineer or surveyor and shall comply with the requirements of the El Paso County Floodplain Regulations and the drainage requirements of these Regulations.
4.3.2.9 
One or more benchmarks shall be monumented in subdivisions which contain or bound flood hazard areas. The distance between benchmarks in a subdivision shall not exceed 2500 feet.
(Ordinance 0035 adopted 1/11/94; Ordinance 0035-005 adopted 6/10/97)
For those proposed subdivisions not connected to an established and regulated Municipal Utility District, the final plat shall be accompanied by an engineering report bearing the signed and dated seal of a professional engineer registered in the State of Texas. The engineering report shall discuss the availability and methodology of providing water facilities and wastewater treatment to individual lots within the subdivision. A detailed cost estimate per lot acceptable to the City shall be provided for those unconstructed water supply and distribution facilities and wastewater collection and treatment facilities which are necessary to serve the subdivision. The plan shall include a construction schedule for each significant element needed to provide adequate water or wastewater facilities. The report shall also contain an abstract, a problem statement, analyses and evaluation of data, conclusions and an appendices providing data such as laboratory analyses, testing and sampling procedures, specifications for proposed treatment systems, and drawings to scale. The report should clearly justify the approach that the engineer supports. A copy of the final engineering report shall be provided to the Planning Director or Designee. If financial guarantees are to be provided under Section 9 of these regulations, the schedule shall include the start dates and completion dates.
Editor’s note–The amendment to section 4.4 in Ordinance 0035-005 was incomplete. The text at the end of the section, beginning with the words “laboratory analyses”, was supplied by the city.
(Ordinance 0035 adopted 1/11/94; Ordinance 0035-005 adopted 6/10/97)
Where individual wells are proposed for the supply of drinking water to residences establishments, the subdivider shall include in the final engineering report the quantitative and qualitative results of sampling the test wells in accordance with Section 2 of these Regulations. The results of such analyses shall be made available to the prospective property owners. The engineer shall issue a statement concerning the availability of groundwater supplies to serve the fully developed subdivision over the next thirty (30) years. Such statement may be based on information available from the Texas Water Development Board’s Groundwater Unit of the Water Data Collection and Planning Division. The description of the needed sanitary control easement shall be included.
(Ordinance 0035 adopted 1/11/94)
Where private on-site sewerage facilities are proposed, the final engineering report shall include the soils information and percolation test results required for a Subdivision Construction Authorization under Chapter 8 of the County’s Rules for On-Site Sewerage Facilities.
(Ordinance 0035 adopted 1/11/94)
4.7.1 
Where water supplies are to be provided by an existing political subdivision of the state, including a city, municipal utility district, water control and improvement district, nonprofit water supply corporation, or an existing investor-owned water supply corporation, the subdivider shall furnish an executed contractual agreement between the subdivider and governing board of the entity or owner of the utility to the effect that necessary arrangements have been made by the subdivider and the entity for the provision of a sufficient water supply to serve the ultimate needs of the subdivision. Before final plat approval, plans and specifications for the proposed water facilities system shall have been approved by all entities having jurisdiction over the proposed project. Entities having jurisdiction, in this instance, may include the political subdivision in addition to the Texas Department of Health and the El Paso City-County Health District. If groundwater is to be the source of the water supply, the final engineering report shall include a groundwater availability study which shall include comments regarding the long-term (30 years) quantity and quality of the available groundwater supplies relative to the ultimate needs of the subdivision.
4.7.2 
Where there is no existing entity or owner to construct and maintain the proposed water facilities and distribution facilities, the subdivider shall establish an investor-owned utility and obtain a Certificate of Convenience and Necessity (CCN) from the Texas Water Commission and include evidence of the CCN issuance with the plat. Before final plat approval, plans and specifications for the proposed water facilities system shall have been approved by all entities having jurisdiction over the proposed project. If groundwater is to be the source of the water supply, the final engineering report shall include a groundwater availability study which shall include an analysis of the long term (30 years) quantity and quality of the available groundwater supplies relative to the ultimate needs of the subdivision. If surface water is the source of supply then the final engineering report shall include evidence that sufficient water rights have been obtained and dedicated to satisfy the ultimate fully developed needs of the subdivision.
(Ordinance 0035 adopted 1/11/94; Ordinance 0035-005 adopted 6/10/97)
4.8.1 
Where sewer supplies are to be provided by an existing political subdivision of the state, including a city, municipal utility district, water control and improvement district, nonprofit water supply corporation, or an existing investor-owned water supply corporation, the subdivider shall furnish an executed contractual agreement between the subdivider and governing board of the entity or owner of the utility to the effect that necessary arrangements have been made by the subdivider and the entity for the provision of a sufficient sewer supply to serve the ultimate needs of the subdivision. Before final plat approval, plans and specifications for the proposed sewer facilities system shall have been approved by all entities having jurisdiction over the proposed project.
4.8.2 
Where there is no existing entity or owner to construct and maintain the proposed wastewater treatment and collection facilities, the subdivider shall establish an investor-owned utility by obtaining a Certificate of Convenience and Necessity (CCN) from the Texas Water Commission. Before final plat approval, a wastewater treatment permit authorizing the treatment of the wastewater for the ultimate build-out population of the subdivision shall have plans and specifications for the proposed wastewater collection and treatment facilities [which] shall have been approved by all entities having jurisdiction over the proposed project.
(Ordinance 0035 adopted 1/11/94; Ordinance 0035-005 adopted 6/10/97)
4.9.1 
The following certificates and acknowledgments, and all other now or hereafter required, shall appear on the first sheet of the final plat:
4.9.1.1 
Include book and page of restrictive covenants if any:
4.9.1.2 
A statement signed and acknowledged by the owner(s) dedicating all streets, alleys, easements, parks and other open spaces to public use; or when the subdivider has made provisions for perpetual maintenance thereof, to the inhabitants of the subdivision. The acreage subdivided out of each tract and the acreage out of each original survey, if out of more than one tract or more than one original survey, shall be separately displayed in tabular form.
4.9.1.3 
The signatures of the Mayor and City Clerk of the Town of Horizon City, Texas, and appropriate City planning officials, if applicable, attesting to approval of the plat.
4.9.1.4 
Certification by a professional engineer or registered surveyor that the plat represents a survey made by him, and that all the necessary survey monuments are correctly shown thereon.
4.9.1.5 
Certification for signature by the City Clerk attesting to the date and fact of filing for record and book and page of record in the Plat Records of El Paso County.
4.9.1.6 
If any portion of any lot shown on a subdivision final plat is covered by the “A” zone as per FEMA floodplain maps the building elevation (one foot (1') above the 100-year flood level) for each site so affected shall be determined by an engineer, and shall be shown on the plat, with a professional engineer’s certification.
4.9.1.7 
An endorsement that no roads will be maintained by the City until paved by the subdivider or property owner and legally approved and accepted by the City.
4.9.1.8 
A notation that no more than one single-family detached dwelling shall be located on each lot.
(Ordinance 0035 adopted 1/11/94)
All final plats shall incorporate all the provisions relating to preliminary plat approval where appropriate and reflect the conditions of the final requirements and previously imposed requirements by the City Engineer or City Council, together with the following additional requirements:
4.10.1 
Two copies of detailed information relating to the continuous maintenance of the private streets, together with copies of all proposed agreements thereto;
4.10.2 
Three copies of detailed construction plans for streets and drainage shall bear the seal and signature of a professional engineer shall be submitted with the final plat for review and approval of the City Engineer;
4.10.3 
A good and sufficient bond or letter of credit for the proper construction and maintenance of the streets, drainage facilities, water systems, sewerage facilities, monuments, in addition to such other sureties as may be approved by the Council in accordance with these Regulations if Recording Plat is to be presented to Council for approval prior to subdivision construction being completed and approved.
4.10.4 
Provide documentation and copies of Utility Comment sheets from any other utility and/or service companies serving the immediate area (electric power, telephone, and gas) which state what services will be available to the subdivision;
4.10.5 
A tax certificate (receipt) from all taxing entities that levy ad valorem taxes within the City, certifying that all taxes for the subdivision have been paid;
4.10.6 
A copy of the restrictions and covenants to be recorded, if any;
4.10.7 
Proof of ownership must be provided.
(Ordinance 0035 adopted 1/11/94; Ordinance 0035-009 adopted 9/10/02)
4.11.1 
Submittal of Recording Plat.
Within twelve (12) months of the approval of the final plat by the City Council, the subdivider must submit the recording plat to the City Council with appropriate fees, for approval. The recording plat shall conform with the approved final plat and shall comply with all provision[s] of these Regulations.
4.11.2 
Expiration of Final Plat Approval.
Failure of the subdivider to submit a recording plat within twelve (12) months of the approval of the final plat by the City Council will nullify the approval of the subdivision plat and obligate the subdivider to reapply for preliminary plat approval, should the subdivider wish to pursue the subdivision. No vested rights will survive if the plat approval is nullified by a failure of the subdivider to submit a recording plat within the timeframe specified in this section, nor shall the subdivider be entitled to a refund of any application fees or review fees that may have been paid. The City Council, however, shall have the right to reaffirm its approval of the final plat upon a written request for the same by the subdivider. Only a single extension of the deadline for submitting a recording plat will be allowed, and then not for a period longer than an additional six (6) months.
(Ordinance 0035 adopted 1/11/94; Ordinance 0035-005 adopted 6/10/97; Ordinance 0035-009 adopted 9/10/02; Ordinance 0035-012 adopted 7/20/04)
4.12.1 
Scope of Review.
The City will review the final plat to determine whether it meets with standards of Section 2 and the requirements of Section 4.
4.12.2 
Prerequisites to Approval.
Final plat approval shall not be granted unless the subdivider has accomplished the following:
4.12.2.1 
Dedicated the sites for the adequate water and wastewater treatment facilities to the appropriate political subdivision or investor owned utility responsible for operation and maintenance of the facilities; and
4.12.2.2 
Provided evidence that the water facilities and wastewater facilities have been constructed and installed in accordance with the criteria established within these Regulations and the approvals form [from] the Texas Health Department and TNRCC or the Municipal Utility District, as appropriate, of the plans and specifications for such construction, including any change orders filed with these agencies; or
4.12.2.3 
If the water and wastewater system is not connected to an established and regulated Municipal Utility District, the subdivision shall have obtained all necessary permits for the proposed water facilities and wastewater facilities and has entered into a financial agreement with the City secured by a bond or other alternative financial guarantee such as a cash deposit or letter of credit for the provision of water and sewerage facilities and roads and streets with the bond or financial guarantee meeting the criteria established in Section 9 of these Regulations.
4.12.2.4 
Received approval from the El Paso City-County Health District if appropriate.
4.12.2.5 
Paid all required fees.
4.12.2.6 
Subdivision Sign Requirements.
For those subdivisions not connected to an established and regulated Municipal Utility District, the subdivision developer shall erect two signs stating the availability of potable water and public sewer service that will be provided in the subdivision. The sign shall be as described in Fig. 4.1 and 4.2 and must be visible and clearly legible form [from] a public road within the subdivision as determined by the City Engineer. The subdivider shall maintain said sign for a period of at least one year or until all lots are sold, whichever is longer. The subdivider shall notify the City and the Road Engineer shall locate and verify the placement of the sign prior to final approval by the City Council.
Editor’s note–Figures 4.1 and 4.2 are not printed herein.
(Ordinance 0035 adopted 1/11/94; Ordinance 0035-005 adopted 6/10/97; Ordinance 0035-009 adopted 9/10/02)
A final plat may be withdrawn by the applicant prior to filing for record. Request for withdrawal shall be made officially in writing. No refund of processing fee shall be made on withdrawn subdivision plats.
(Ordinance 0035 adopted 1/11/94)
4.14.1 
The City Council shall approve a final plat which has met all requirements of these Regulations, including those for the construction of utilities and roads.
4.14.2 
Upon final approval by the City Council, an approval order shall be entered in the minutes of the Council. In addition, the Council shall issue a certificate stating that the plat has been reviewed and approved by the Council.
4.14.3 
The City Council shall refuse to approve a plat if it does not meet the requirements prescribed by or under these Regulations.
(Ordinance 0035 adopted 1/11/94)