(a) 
The applicant should avail himself of the advice and assistance of the city’s administrative officers, including its retained planning and engineering consultants (as applicable), and should consult early and informally with those officers and consultants before preparing a concept plan or any plat in order to save time and money, and to avoid potential unnecessary delays.
(b) 
Prior to formal application for approval of any concept plan or plat, the applicant shall request and attend a mandatory pre-application conference with the appropriate city officials in order to become familiar with the city’s development regulations and the subdivision process. At the pre-application conference, the applicant may be represented by his land planner, engineer and/or surveyor.
(2006 Code, sec. 70-31; Ordinance 02-09-549, sec. 2.1, adopted 9/3/02)
(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 concept plan or plat. In addition, the proposed development layout or subdivision design shown on the proposed concept plan or plat must be in conformance with all standards and requirements prescribed in the city’s zoning ordinance set out in chapter 30 and this chapter. 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. In situations where the zoning on a particular piece of property cannot be ascertained by the city, the burden of proof regarding the property’s zoning shall rest with the property owner. Proof of proper zoning shall consist of appropriate documentation, such as a copy of the ordinance establishing the zoning, which shall be reviewed by city officials as to its validity and authenticity. Any concept plan or plat submitted for approval by the city shall be in accordance with the city’s zoning ordinance set out in chapter 30, if the property is located within the city’s corporate limits, and, 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 licensed civil engineer or a registered professional land surveyor.
(b) 
Classification of subdivisions and additions.
Before any land is filed for record with the county clerk, the property owner shall apply for and secure city council approval of the required subdivision plat, in accordance with the following procedures, unless otherwise provided within this chapter:
(1) 
Minor subdivisions may be approved for residential or nonresidential properties. Minor plat approval by the city manager (or designee) requires the submission of a final plat drawing and other submission materials required by section 28.02.010. Lots may be conveyed or sold only when the plat has been approved by the city manager and the plat has been filed with the county.
(2) 
Major subdivisions may be approved for residential or nonresidential properties. The procedure for approval of a major subdivision typically involves two to three steps: a concept plan (which is voluntary), construction plat and final plat. Provisions in sections 28.02.003 through 28.02.005 provide the requirements for each. Major plat approval shall be in accordance with sections 28.02.003 through 28.02.005. Upon completion of the required public improvements, or upon submission and city approval of the appropriate surety for public improvements, the property owner may submit the final plat for approval. All major subdivision plats must be reviewed by the commission and approved by the city council, pursuant to sections 28.02.003 through 28.02.005. Lots may be sold only when the final plat has been approved by the city council and the plat has been filed with the county. 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 city council and filed with the 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 shall maintain separate policies and procedures for the submission and processing of applications including, but not limited to, application forms, checklists, language blocks for plats, and other similar items. The forms and paperwork are available at the office of the city manager, or designee. 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) 
Official submission date and completeness of application for all types of plats.
(1) 
For the purpose of these regulations, the “official submission date” shall be the date upon which a complete application for approval of any type of plat, that contains all required elements mandated by V.T.C.A., Local Government Code sec. 212.004(b) and by this chapter, is submitted to the city manager (or designee), after which the statutory period required for approval or disapproval of the plat shall commence to run. No application shall be deemed officially submitted until the city manager (or designee) determines that the application is complete and a fee receipt is issued by the city. Failure by the city manager (or designee) to make a determination of incompleteness within ten calendar days following the date on which the application was first received by the city, shall result in the application being deemed complete, and the “official submission date” shall become the 11th calendar day following initial receipt of the application by the city.
(2) 
Plat applications which do not include all required information and materials, as outlined below and per other city development review policies which may change from time to time, will be considered incomplete, shall not be accepted for official submission by the city, and shall not be scheduled on a commission agenda until the proper information is provided to city officials including the city’s retained planning and engineering consultants, if applicable.
(e) 
Submission procedures and city review process for all types of plats.
(1) 
Submission timing and materials.
A complete application for approval of any plat shall be submitted to the city at least 20 calendar days, but no more than 30 calendar days unless the applicant waives the 30-day requirement for action on the plat in writing, prior to the commission meeting at which it is to be considered.
(A) 
State-mandated notification requirements.
Due to state-mandated notification requirements, any residential replat that requires public notification (see section 28.02.007) shall be submitted to the city at least 30 calendar days prior to the commission meeting at which it is to be considered. Such replat application shall also be accompanied by a written waiver of the 30-day requirement for action on the plat due to timing constraints imposed by publication of the required notice in the city’s official newspaper.
(B) 
Submission materials.
The application shall include a written application form which bears the original notarized signature of the property owner of the subject property, along with the appropriate submission fee, the appropriate number of full-size folded (24 inches by 36 inches) prints of the plat (per the city’s folding requirements, available at city hall), as required by the city’s current development review policies and requirements, and one 11-inch by 17-inch black-and-white reduction of the plat, a copy of any applicable development agreement pertaining to the subject property (if any), and any other applicable information and materials deemed appropriate by the city. One copy of all of the above materials and plans shall be simultaneously submitted to the city planner and the city engineer for review in order for the application to be deemed complete.
(2) 
Certificate regarding taxes.
The application shall be accompanied by a certificate or other satisfactory evidence from the county central 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 28.01.010. 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. One copy of the tax status certificate shall be simultaneously submitted to the city planner in order for the application to be deemed complete.
(3) 
Engineer’s summary report.
The application shall also be accompanied by an engineer’s summary report which describes, in as much detail as necessary, the following: the overall nature and scope of the proposed development, including zoning of the property (and including the ordinance number that established the property’s current zoning), 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; how the property will be served with required utilities and services; how stormwater drainage will be handled; and an itemization and description of any waivers/suspensions from provisions of this chapter that will be sought. If the proposed development will have access points onto a major thoroughfare, the application shall also include a letter from the appropriate entity, such as the state department of transportation or the county, acknowledging and approving proposed driveway locations and corresponding median openings and left-turn lanes, if applicable. Letters shall also be provided from each of the applicable utility service providers, including water, wastewater, gas, electricity, telephone, cable television and solid waste, verifying their ability to provide an adequate level of service for the proposed development. A letter from the Plano Independent School District and/or the Wylie Independent School District (as applicable) may also be required that acknowledges the district(s) has been informed of the size (with respect to the anticipated number of homes and/or school-age children), location and timing of the proposed development, and that expresses any desire the district may have to obtain a future school site within any portion of the subject property. One copy of all of the above materials (and any associated plans) shall be simultaneously submitted to the city planner and the city engineer for review in order for the application to be deemed complete.
(4) 
Sheet materials for drawings; scale.
All plat drawings and other corresponding plans and drawings, including engineering plans and landscape and screening plans, shall be on sheets no larger than 24 inches by 36 inches in size, and shall be drawn to a known engineering scale of not smaller than 100 feet to the inch (one inch equals 100 feet) or a larger scale. In cases of large developments which would exceed the dimensions of the sheet at 100-foot scale, plats may be on multiple sheets or to another known engineering scale, as approved by the city manager (or designee), and in a format that will be acceptable for eventual filing with the county.
(5) 
City staff review.
Upon official submission of a complete application for plat approval, the city shall commence technical review of the development proposal by forwarding a copy of the application and plat to development review team members which include, but shall not be limited to, the city manager, public works director, fire chief/marshal, police chief, chief building official. As noted above, it is the applicant’s responsibility to submit one complete copy of any application (including all documents, application forms, plans, etc.) directly to the city planner and city engineer in order for the application to be considered complete. City development review team members shall review the plat and shall ascertain its compliance with these and other applicable city regulations. 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 city manager (or designee) and to the city planner and city engineer no later than seven calendar days prior to the commission meeting for final review and inclusion in the commission packets. Failure to resubmit corrected copies of the plat back to the city in time shall be cause for the city manager (or designee) to forward the plat application to the commission as it was originally submitted rather than the corrected version of the plat. If, upon resubmission of the corrected plat to the city, the city manager (or designee) determines that the application is still incomplete or is not correct to a reasonable extent, the plat application shall be subject to denial.
(6) 
Applicant request for waiver.
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 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 30 calendar days following the official submission date.
(7) 
Action by the commission and city council.
All subdivision plat applications (except minor plats and amended plats) shall be reviewed by the commission and if in complete conformance with the provisions of this chapter and with all other applicable regulations of the city, then they shall be approved by the city council.
(8) 
Commission review of each plat application.
The commission shall review each plat application and shall take action to either recommend approval of the plat application or approval of the application subject to certain conditions, or shall vote to deny the plat application, within 30 calendar days following the official submission date unless the applicant has submitted a written waiver of the 30-day review/approval time pursuant to subsection (e)(6) of this section. The city council shall take action on the plat within 30 calendar days following the commission’s action to recommend approval of the application (or approval with conditions). Affirmation of, or minor modifications to, the commission’s recommendation to approve the plat shall require a simple majority vote of the city council members present and voting.
(9) 
Disapproval of plat application by commission.
If the commission votes to disapprove (i.e., deny) a plat application, the commission shall state such disapproval and the reasons therefor. The applicant or property owner may appeal such decision to the city council by filing a notice of appeal in the office of the city manager (or designee) no later than ten calendar days after the date upon which the commission denied the application. The notice of appeal shall set forth in clear and concise fashion the basis for the appeal. The city council shall consider the appeal at a public meeting no later than 30 calendar days after the date upon which the notice of appeal was filed. The city council may change the decision of the commission by vote of a supermajority (i.e., three-fourths) of the full city council. The city council may also, where appropriate, remand the plat application back to the commission for reconsideration if it believes that there is a compelling reason to do so, such as the introduction of significant new facts or testimony, in which case the commission shall re-review the application, including such new facts or testimony, at its next regularly scheduled meeting.
(f) 
Simultaneous submission of plats.
In the event that an applicant submits construction and final plat applications simultaneously, as provided in section 28.02.004, the city manager (or designee) shall schedule both plat applications for action by the commission within 30 calendar days following the official submission date, unless the applicant has executed a written waiver of the 30-day review period for one or both plats. If the construction plat has not received a favorable recommendation by the commission prior to consideration of the final plat by the commission, then the commission shall have no choice but to deny the final plat application (unless withdrawn by the applicant) and such denial shall be final unless appealed to the city council (see subsection (e)(9)). The city council shall take action on either one or both plat applications, as applicable, within 30 calendar days following the commission’s action. Affirmation of, or minor modifications to, the commission’s recommendation to approve the plat shall require a simple majority vote of the city council members present and voting.
(g) 
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 written verification, such as a notarized statement or a power of attorney or other evidence satisfactory to the city manager (or designee), that he is the owner of record of the subject land parcel or parcels, or is the property owner’s authorized agent. The city manager (or designee) shall have the authority to determine what documents the city will require to prove ownership, such as one of the following:
(1) 
General warranty deed;
(2) 
Special warranty deed;
(3) 
Title policy; or
(4) 
Some other documentation that is acceptable to the city manager (or designee).
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. The applicant may resubmit a new development application, including the submission fees, for the property at any time following such denial. One copy of the proof of land ownership documents shall be simultaneously submitted to the city planner in order for the application to be deemed complete.
(h) 
Lapse of plat approval.
The approval of any type of plat shall be effective for a period of 183 calendar days beyond the date that the plat was approved by the city council, except as otherwise provided herein. By 12:01 a.m. on the 184th day following city council approval of the plat, the applicant must have completed the next city-required “progress benchmark” as set forth below. If this is not accomplished, then the approved plat shall be deemed to have expired and shall become null and void and a new plat application (along with all other required paperwork, plans, fees, and the like) must be submitted, reviewed and approved by the city in order to proceed with development of the property. The series of “progress benchmarks” for a project, pursuant to the provisions of this section, are as follows:
Approved Plat or Plan
Next “Progress Benchmark”
Concept plan (voluntary)
Submission of the construction plat (as required by this chapter) and final site plan (if required by the zoning ordinance set out in chapter 30), and continued active engineering review of the engineering plans (which were submitted along with the construction plat and final site plan, if applicable).
Construction plat
All of the following shall occur within 183 calendar days following construction plat approval: (1) city engineer’s approval of engineering plans for all proposed public improvements; and (2) payment of all applicable site development related fees that are traditionally collected prior to release for site construction. In addition to the above, an application for approval of the final plat shall also be submitted to the city within 365 calendar days following actual commencement of site construction in order to avoid lapse of the approved construction plat (unless such is extended or reinstated pursuant to provisions in this chapter).
Final plat
Final plat approved by the city council but not yet filed with the county. Submission of the plat mylars, filing fees and other materials necessary to file the plat at the county shall be submitted to the city within 30 calendar days of the date of final plat approval. An application for a certificate of occupancy shall also be submitted to the city within 183 calendar days following the date of final plat (provided that the final plat is not yet filed at the county), unless such approval is extended or reinstated pursuant to provisions in this chapter.
 
Final plat that has been filed with the county. Valid in perpetuity, unless the filed plat is properly amended or vacated pursuant to the provisions of this chapter.
(i) 
Extension and reinstatement procedure.
Prior to the lapse of approval for a plat, the property owner may petition the city to extend the plat approval. Such petition shall be considered at a public meeting before the commission, which shall recommend approval or denial of the petition. The petition shall then be considered by the city council at its next regularly scheduled meeting (if possible), and an extension may be granted by the city council at such meeting. If no petition for extension of plat approval is submitted by the property owner prior to the expiration date, then the plat shall be deemed to have expired and shall become null and void. In considering whether to grant a request for extension, the commission, and ultimately the city council, shall take into account the reasons for lapse, the ability of the property owner to comply with any conditions attached to the original approval, and the extent to which newly adopted subdivision regulations would apply to the plat at that point in time. The city council shall either extend the plat (either with or without conditions) or shall deny the request, in which instance the originally approved plat shall be deemed to be null and void. The property owner must thereafter submit a new plat application for approval, and shall conform to the subdivision regulations then in effect. The city council may extend the plat approval subject to additional conditions based upon newly enacted city regulations or state legislation, or such as are necessary to ensure compliance with the original conditions of approval or to protect the public health, safety and welfare. The city council may also specify a shorter time for extension of the plat than the original 183-day approval period.
(j) 
Lapse of approval of engineering plans.
The approved engineering plans shall be valid for a period of 365 calendar days following approval by the city engineer. The city council may, upon written request by the applicant, grant an extension of up to an additional 365 calendar days, after which the engineering plans shall be subject to reapproval by the city engineer if no construction has occurred.
(2006 Code, sec. 70-32; Ordinance 02-09-549, sec. 2.2, adopted 9/3/02; Ordinance adopting 2015 Code)
(a) 
Applicability.
A concept plan, sometimes referred to as a “preliminary site plan,” a “sketch plan” or a “land study,” is a voluntary plan and is encouraged but not required. Submission and approval of a concept plan can be the first step in the approval process for a residential or nonresidential development project if the applicant prefers to do so. City review and approval of a concept plan has many benefits for both the city and the applicant. The applicant benefits in that he gains preliminary review and scrutiny, as well as input and suggestions, on the overall conceptual layout of the proposed development from the city’s development review team. Approval of a concept plan may also offer the applicant some level of confidence that subsequent plat or plan submissions will be favorably received and approved with few major changes to the project’s overall design and layout. For example, once the construction plat, and corresponding engineering plans, and the final site plan are submitted for a nonresidential project, unforeseen changes in site layout can prove to be expensive in terms of design and engineering costs and time lost during major plan revisions. The city benefits in that it is allowed to become familiar with and involved in the project early in the development process, which is particularly important for large-scale developments and subdivisions. This allows the city to plan for and closely coordinate the provision of public facilities and services, thereby potentially avoiding future problems such as undersized utility lines, inadequate roadway capacities, unanticipated shortfalls in public services, and fiscal inefficiencies resulting from lack of planning and coordination. Submission and approval of a concept plan is encouraged in the following circumstances:
(1) 
In conjunction with an application for a major subdivision plat for a property that is intended for development, particularly for large land parcels; or
(2) 
In conjunction with any project where a road is to be established or realigned.
(b) 
Procedures and submission requirements for concept plan approval.
The procedures for city review and approval of a concept plan shall be as set forth in the zoning ordinance for the city in chapter 30 of this code.
(c) 
Purpose.
The purpose of a concept plan, as it pertains to this chapter, is to allow opportunity for the commission and city council to “preview” proposed major thoroughfare and collector street patterns; land use patterns and trends; environmental issues and constraints; conformance to the comprehensive plan, future land use plan, thoroughfare plan, parks and open space plan, water and sewer master plans, and other applicable plans of the city; and, if the subject property is within the city’s corporate limits, the zoning ordinance set out in chapter 30; and the property’s relationship to adjoining subdivisions or properties. Review of a concept plan would also assist the city in evaluating the possible impacts of the proposed development in terms of provision of essential public facilities and services, respecting and preserving important natural features and the environment, provision of open space and recreational opportunities, and protecting the general health, safety and welfare of the community.
(d) 
Extent of area that should be included in a concept plan.
When the overall development project is to be developed in phases, the concept plan area shall include the entire property from which the phases are being subdivided and an approximate development schedule. Where significant natural or man-made features, such as thoroughfares or creeks, make inclusion of the entire property in the concept plan unnecessary to adequately review the items listed in subsection (c) of this section, the concept plan may include a smaller study area. Boundaries such as major thoroughfares, whether existing or proposed, creeks and major drainageways, political subdivisions, or other such natural or man-made features may be used to delineate the smaller study area if approved by the city manager (or designee) and the city planner.
(2006 Code, sec. 70-33; Ordinance 02-09-549, sec. 2.3, adopted 9/3/02; Ordinance adopting 2015 Code)
(a) 
Preparation of construction plat.
Following the pre-application conference (as described in section 28.02.003 [28.02.001]) regarding the overall general development strategy for the property, the applicant shall have prepared a construction plat together with full engineering plans for the construction of the subdivision and all associated public improvements and other supplementary materials, as required by this chapter or by the city.
(b) 
Portion to be included.
The construction plat shall constitute only that portion of the property or subdivision which the applicant proposes to construct and record provided, however, that such portion conforms to all the requirements of this chapter and with any other applicable regulations and codes of the city.
(c) 
Contiguous property to be included; phasing of overall development.
A construction plat, if not preceded by an approved concept plan showing phasing of the overall development, shall include all contiguous property under the ownership or control of the applicant unless otherwise approved by the city manager (or designee) and the city planner. It may contain more than one phase which, if so, shall be clearly identified.
(d) 
Option to submit final plat concurrently with construction plat.
The applicant may choose to submit a final plat for review concurrently with the construction 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, including full engineering plans and the appropriate assurances for the completion of all improvements, as per article 28.06 of this chapter, 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 and zoning commission meeting, then only the construction plat shall be considered for approval and the final plat shall be denied unless the 30-day review requirement is waived in writing by the applicant.
(e) 
Approval deemed as general approval of street and lot layout.
Approval of a construction plat by the city council shall be deemed general approval of the street and lot layout shown on the construction plat (approval for construction of the necessary streets, water lines, sewer lines, and other required improvements and utilities shall be authorized only through the city engineer’s approval of the engineering plans), and to the preparation of the final or record plat when construction of all required public improvements is nearing completion (or when appropriate surety for completion is provided to the city). Except as provided for herein, approval of the construction plat shall constitute conditional approval of the final plat when all conditions of approval and when all procedural requirements set forth in this chapter have been met, and when construction of all improvements (or surety provided) are satisfactorily completed.
(f) 
Standards for approval.
No construction plat shall be recommended for approval by the commission or approved by the city council unless the following standards have been met:
(1) 
The plat substantially conforms with the approved concept plan, if there is one, and with other studies and plans, as applicable;
(2) 
The layouts and engineering plans for required public improvements and city utilities have been submitted by the applicant for approval by the city engineer (whether specifically stated or not, construction plat approval shall always be subject to any additions or alterations to the engineering plans as deemed necessary by the city engineer, as needed, to ensure the safe, efficient and proper construction of public improvements within the subdivision); and
(3) 
The plat conforms to the comprehensive plan and to applicable zoning and other city regulations.
(g) 
Construction plat approval necessary before construction work begins.
No construction work shall begin on the proposed improvements in the proposed subdivision prior to approval of the construction plat by the city council, nor prior to issuance of all appropriate construction permits by the city and other appropriate entities or agencies. The applicant shall also provide copies of letters from applicable local utility companies stating that each utility company has reviewed the construction plat and stating any requirements, including easements, they may have. This requirement may be deferred until the final plat is submitted if such deferral request is submitted to the city in writing and approved by the city manager (or designee) prior to the commission meeting at which the construction plat will be considered. No excavation, grading, tree removal or site clearing activities shall occur prior to approval of the construction plat and the engineering plans. However, preliminary grading or site preparation activities, such as limited excavation, filling, and removal or clearing of brush, undergrowth or man-induced debris, may be authorized by the city manager (or designee), at his discretion, if such request is submitted in writing by the property owner or developer, if such activities are in conformance with all applicable city ordinances and codes, and if such activities will not be detrimental to the public health, safety or general welfare (see section 28.06.008(b)).
(h) 
Information required upon or with construction plat.
The proposed construction plat and associated engineering plans shall show the following information (the construction plat itself shall only include those items marked by italics - other physical and engineering data shall be included in the engineering plans or as separate documents):
(1) 
A vicinity, or location, map that shows the location of the proposed construction plat within the city (or within its extraterritorial jurisdiction) and in relationship to existing roadways;
(2) 
Boundary lines, abstract/survey lines, corporate and other jurisdictional boundaries, existing or proposed highways and streets (including right-of-way widths), bearings and distances sufficient to locate the exact area proposed for the subdivision, and all survey monuments (identified and labeled; see section 28.05.002 for specifications) including any required concrete monuments (per the city’s planner and/or engineer); the length and bearing of all straight lines, radii, arc lengths, tangent lengths and central angles of all curves shall be indicated along the lines of each lot (curve and line data may be placed in a table format); accurate reference ties via courses and distances to at least one recognized abstract or survey corner or existing subdivision corner shall be shown;
(3) 
The name, location and recording information of all adjacent subdivisions (or property owners of adjacent unplatted property), including those located on the other sides of roads or creeks, shall be drawn to the same scale and shown in dotted lines adjacent to the tract proposed for subdivision in sufficient detail to show accurately the existing streets, alleys, building setbacks, lot and block numbering, easements, and other features that may influence the layout of development of the proposed subdivision; adjacent unplatted land shall show property lines, the names of owners of record; and the recording information;
(4) 
The location, widths and names of all streets, alleys and easements (it shall be the applicant’s responsibility to coordinate with appropriate utility entities for placement of necessary utility easements and for location of all streets and median openings on highways or arterial roadways), existing or proposed, within the subdivision limits and adjacent to the subdivision; a list of proposed street names shall be submitted (in the form of a letter or memo along with the application form) for all new street names (street name approval is required at the time the construction plat is approved);
(5) 
The location of all existing property lines, existing lot and block numbers and date recorded, easements of record (with recording information), buildings, existing sewer or water mains (can be shown on a separate sheet, if preferred), gas mains or other underground structures, or other existing features within the area proposed for subdivision;
(6) 
Proposed arrangement and square footage of lots (including lot and block numbers) and proposed use of same; for nonresidential uses, the location and size of buildings (this information may be provided on a separate sheet, such as on a voluntary concept plan or the final site plan; see the zoning ordinance set out in chapter 30);
(7) 
A title block within the lower right-hand corner of the plat (and engineering plans) which shows the title or name under which the proposed subdivision is to be recorded; the name, address and phone number of the property owner; the name, address and phone number of the land planner, licensed engineer or registered professional land surveyor who prepared the plat/plans; the scale of the plat/plans; the date the plat/plan was prepared; and the location of the property according to the abstract or survey records of the county; the subdivision name shall not duplicate (or too closely phonetically replicate) the name of any other platted subdivision in the city, its extraterritorial jurisdiction, or other surrounding communities in the county, but phasing identification is allowed to be similar to previous phases of that particular development (it is the property owner’s responsibility to check the plat records of the county to ensure that the proposed subdivision name will not duplicate or sound too much like a subdivision name already in existence - the city may, at its discretion, require a different subdivision name if there is potential for confusion by public safety officials or the general public);
(8) 
Sites, if any, to be reserved or dedicated for parks, schools, playgrounds, other public uses or for private facilities or amenities;
(9) 
Scale (including a graphic scale), date, north arrow oriented to the top or left side of the sheet, and other pertinent informational data;
(10) 
Contours with intervals of two feet or less shown for the area, with all elevations on the contour map referenced to sea level datum; and the limits of any portion of the 100-year floodplain (pursuant to the flood study, if required by the city engineer) that may be within or adjacent to (i.e., within 100 feet of) the property (final monumentation of the floodplain shall occur, and shall be shown, on the final plat prior to approval and filing with the county) - if no floodplain present, then a note stating this shall be shown on the plat;
(11) 
Areas contributing drainage to the proposed subdivision shall be shown in the engineering plans; locations proposed for drainage discharge from the site shall be shown by directional arrows;
(12) 
All physical features of the property to be subdivided shall be shown, including the location and size of all watercourses, 100-year floodplain according to Federal Emergency Management Agency (FEMA) information, U.S. Army Corps of Engineers flowage easement requirements, ravines, bridges, culverts, existing structures, drainage area in acres or area draining into subdivisions (only in the engineering plans), the outline of major wooded areas or the location of major or important individual trees, and other features pertinent to subdivision;
(13) 
Engineering plans of water and sewer lines and other infrastructure (including sizes) to be constructed in the subdivision; the proposed connections to distribution mains shall be indicated;
(14) 
Proposed phasing of the development; where a subdivision is proposed to occur in phases, the applicant, in conjunction with submission of the construction plat, shall provide a schedule of development; the dedication of rights-of-way for streets and street improvements, whether on-site or off-site, intended to serve each proposed phase of the subdivision; the city council shall determine whether the proposed streets and street improvements are adequate pursuant to standards herein established, and may require that a traffic impact analysis be submitted for the entire project or for such phases as the city council determines to be necessary to adjudge whether the subdivision will be served by adequate streets and thoroughfares;
(15) 
All construction plats shall be submitted in a legible format that complies with the county requirements for the filing of plats, and shall be drawn on a good grade blue line or black line paper;
(16) 
Existing or proposed zoning of the subject property and all adjacent properties;
(17) 
Minimum finished floor elevations of building foundations shall be shown for lots adjacent to a floodplain or within an area that may be susceptible to flooding;
(18) 
Certificates and other language shall be included on the plat, pursuant to the following subsections:
(A) 
A statement that the subdivided area is legally owned by the applicant.
(B) 
An accurate legal, such as by metes and bounds, description by bearings and distances (including necessary curve and line data), accurate to the nearest one-hundredth of a foot, for all boundary, block and lot lines, with descriptions correlated to a permanent survey monument.
(C) 
A statement signed by the property owner and acknowledged before a notary public as to the authenticity of the signatures, saying that the property owner adopts the plat as shown, described and named, and that he does dedicate, in fee simple, to the public use forever the streets, alleys and easements shown on the plat. The property owner further reserves any easement areas shown for mutual use of all public utilities desiring to use the easement. Any public utility shall have the right to remove and keep removed all or any part of any vegetative growth or other appurtenance for construction or maintenance, or efficiency of its respective system in these easements and all or any part of, any growth or construction which in any way hinders or interferes with the right of ingress and egress to these easements for any necessary use without asking anyone’s permission.
(D) 
The registered professional land surveyor’s certificate, with a place for his signature and notarization of his signature.
(E) 
A place for plat approval signature of the mayor (or mayor pro tem, in the mayor’s absence) [and] of the city council, a place for the city secretary to attest such signature, and the approval dates by the planning and zoning commission and city council.
(F) 
Following are the certificates and languages to be used on the plat to accommodate the above requirements:
(i) 
Property owner’s certificate (required):
STATE OF TEXAS
COUNTY OF __________
WHEREAS, _________ Name(s) is(are) the Owner(s) of a tract of land situated in the ______ Survey, Abstract No. _________, Collin County, Texas and being out of a _________ acre tract conveyed to him(them) by _________, and a _________ acre tract conveyed to him(them) by _________, and being more particularly described as follows:
(Enter accurate metes and bounds property description here, with total land area shown in both acreage and square footage.)
NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS:
That _________, acting herein by and through his(its) duly authorized officer(s), does hereby adopt this plat designating the herein above described property as _________, an addition to the City of Murphy, Texas, and does hereby dedicate, in fee simple, to the public use forever, the streets, rights-of-way, and other public improvements shown thereon. The streets and alleys, if any, are dedicated for street purposes. The easements and public use areas, as shown, are dedicated, for the public use forever, for the purposes indicated on this plat. No buildings, fences, trees, shrubs or other improvements or growths shall be constructed or placed upon, over or across the easements as shown, except that landscape improvements may be placed in landscape easements, if approved by the City Council of the City of Murphy. In addition, utility easements may also be used for the mutual use and accommodation of all public utilities desiring to use or using the same unless the easement limits the use to particular utilities, said use by public utilities being subordinate to the public’s and City of Murphy’s use thereof. The City of Murphy and public utility entities shall have the right to remove and keep removed all or parts of any buildings, fences, trees, shrubs or other improvements or growths which may in any way endanger or interfere with the construction, maintenance, or efficiency of their respective systems in said easements. The City of Murphy and public utility entities shall at all times have the full right of ingress and egress to or from their respective easements for the purpose of constructing, reconstructing, inspecting, patrolling, maintaining, reading meters, and adding to or removing all or parts of their respective systems without the necessity at any time procuring permission from anyone.
This plat approved subject to all platting ordinances, rules, regulations and resolutions of the City of Murphy, Texas.
WITNESS, my hand, this the _________ day of _________, 20__.
BY: _________________________________
Authorized signature of owner (use additional signature lines, if necessary)
_________________________________
Printed name and title
STATE OF TEXAS
COUNTY OF _________
Before me, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared _________, owner, 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 purpose and considerations therein expressed.
Given under my hand and seal of office, this _________ day of _________, 20__.
_________________________________
Notary Public in and for the State of Texas
_________________________
My commission expires on:
(Use additional notary blocks, if necessary, for additional owners)
(ii) 
Surveyor’s certificate (required):
KNOW ALL MEN BY THESE PRESENTS:
That I, _________, do hereby certify that I prepared this plat from an actual and accurate survey of the land and that the corner monuments shown thereon as “set” were properly placed under my personal supervision in accordance with the Subdivision Ordinance of the City of Murphy.
(seal)
__________________________________
Signature of Registered Public Land
Surveyor
Registration No. _________
STATE OF TEXAS
COUNTY OF _________
Before me, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared _________, Registered Public Land Surveyor, 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 purpose and considerations therein expressed.
Given under my hand and seal of office, this _________ day of _________, 20__.
Notary Public in and for the State of Texas
My commission expires on _________
(iii) 
Approval block (required):
CITY APPROVAL OF CONSTRUCTION PLAT
Approved for preparation of final plat following construction of all public improvements (or appropriate sureties thereof) necessary for the subdivision shown on this plat.
RECOMMENDED BY:
Planning and Zoning
Commission
City of Murphy, Texas
____________________
Signature of Chairperson
____________________
Date of Recommendation
APPROVED BY:
City Council
____________________
Signature of Mayor
__________________
Date of Approval
ATTEST:
 
____________________
City Secretary
__________________
Date
(iv) 
Special notice (required):
NOTICE: Selling a portion of this addition by metes and bounds is a violation of City ordinance and State law, and is subject to fines and withholding of utilities and building permits.
(v) 
Visibility, access and maintenance easements (to be used if applicable):
The area or areas shown on the plat as “VAM” (Visibility, Access and Maintenance) Easement(s) are hereby given and granted to the City, its successors and assigns, as an easement to provide visibility, right of access for maintenance upon and across said VAM Easement. The City shall have the right but not the obligation to maintain any and all landscaping within the VAM Easement. Should the City exercise this maintenance right, then it shall be permitted to remove and dispose of any and all landscaping improvements, including without limitation, any trees, shrubs, flowers, ground cover and fixtures. The City may withdraw maintenance of the VAM Easement at any time. The ultimate maintenance responsibility for the VAM easement shall rest with the owners. No building, fence, shrub, tree or other improvements or growths, which in any way may endanger or interfere with the visibility, shall be constructed in, on, over or across the VAM Easement. The City shall also have the right but not the obligation to add any landscape improvements to the VAM Easement, to erect any traffic-control devices or signs on the VAM Easement and to remove any obstruction thereon. The City, its successors, assigns, or agents shall have the right and privilege at all times to enter upon the VAM Easement or any part thereof for the purposes and with all rights and privileges set forth herein.
(vi) 
Fire lanes (to be used if applicable):
That the undersigned does hereby covenant and agree that he (they) shall construct upon the fire lane easements, as dedicated and shown hereon, a hard surface in accordance with the City of Murphy’s paving standards for fire lanes, and that he (they) shall maintain the same in a state of good repair at all times and keep the same free and clear of any structures, fences, trees, shrubs, or other improvements or obstruction, including but not limited to the parking of motor vehicles, trailers, boats or other impediments to the accessibility of fire apparatus. The maintenance of paving on the fire lane easements is the responsibility of the owner, and the owner shall post and maintain appropriate signs in conspicuous places along such fire lanes, stating “Fire Lane, No Parking or Standing.” The local law enforcement agency(s) is hereby authorized to enforce parking regulations within the fire lanes, and to cause such fire lanes and utility easements to be maintained free and unobstructed at all times for fire department and emergency use.
(vii) 
Access easements (to be used if applicable):
The undersigned does covenant and agree that the access easement may be utilized by any person or the general public for ingress and egress to other real property, and for the purpose of general public vehicular and pedestrian use and access, and for fire department and emergency use in, along, upon and across said premises, with the right and privilege at all times of the City of Murphy, its agents, employees, workmen and representatives having ingress, egress, and regress in, along, upon and across said premises.
(viii) 
Other plat language. The plat shall include any other applicable language, such as for drainage, floodway or other special types of easements, or such as for a private street subdivision, as deemed appropriate and necessary by the city for the purpose of protecting the public health, safety and welfare. Applicable plat languages are available upon request at the city.
(i) 
Engineering plans.
Along with the construction 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 construction plat. The engineering plans shall also contain any plans deemed necessary to show or document compliance with the city’s ordinances pertaining to nonpoint source pollution control, and any other applicable codes and ordinances of the city that are related to development of a land parcel. The engineering plans shall be on sheets no larger than 24 inches by 36 inches in size. Cost estimates for the completion of all public improvements shall also be submitted with the engineering plans for review (and approval, if necessary) by the city’s engineer.
(1) 
For the purposes of this chapter, complete sets of engineering plans shall include the following plans or sheets (generally in this order), as well as any additional plans or sheets deemed necessary and requested by the city engineer:
(A) 
Cover or title sheet (with list of all plans);
(B) 
Construction plat;
(C) 
Final site plan (for nonresidential and multifamily projects only, see the zoning ordinance set out in chapter 30 for specific requirements and approval procedures);
(D) 
Existing conditions plan (unless these items are shown on the construction plat itself), which shows existing topography, vegetation, tree inventory, existing natural and man-made physical features, and the like;
(E) 
Existing tree and vegetation protection plan;
(F) 
Grading, erosion control, and water quality control plans (including a SWPPP);
(G) 
Paving and storm drainage plans;
(H) 
Utility plans for water, sanitary sewer, and the like;
(I) 
Traffic control plans (if necessary);
(J) 
Screening and retaining wall plans;
(K) 
Landscaping and irrigation plans (irrigation plan can be generalized, and must show 100 percent coverage of required landscape areas and use of double check valves, automatic controllers, and automatic moisture and freeze sensors).
(2) 
The applicant shall have these plans prepared by their own professional engineer, subject to approval of the plans by the city engineer. The city engineer (or designee) shall review, or cause to be reviewed, the plans and specifications and if approved, shall mark them “approved” and shall return one set to the applicant, and at least two sets shall be retained in the city’s files. If not approved, then one set shall be marked with the objections noted (on the plans themselves and/or in memo format, a copy of which shall also be sent to the city) and returned to the applicant for correction, whereupon the applicant’s engineer shall correct the plans as requested and shall resubmit them back to the city engineer for re-review. Once the engineering plans are approved by the city engineer (as documented by an approval memo addressed to the applicant and copied to the city), the property owner shall provide additional sets of the approved plans to the city, as specified by the city engineer, for use during construction. A full set of the city-approved and stamped engineering plans must be available for inspection on the job site at all times.
(3) 
After approval of the construction plat by the city council, 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, TCEQ, U.S. Army Corps of Engineers, FEMA, NTMWD and/or the county), the applicant shall cause a contractor to install or construct the public improvements in accordance with the approved plans and the city’s standard specifications, and at the applicant’s expense (also see article 28.06 of this chapter). The applicant shall employ engineers, surveyors or other professionals as necessary to design, stake, supervise, perform and complete the construction of such improvements, and shall cause his contractor to construct the said improvements in accordance with this chapter and with the city’s, and any other applicable agency’s, design standards. If the project will require a FEMA map revision, then the proposed plans shall also be reviewed for compliance with the city’s flood damage prevention code (article 24.10 of the city’s Code of Ordinances, as amended) prior to approval of the construction plat and prior to any construction activities (including but not limited to grading, clearing, grabbing, brush removal, and the like) on the site.
(4) 
Engineering plans shall be prepared by or under the direct supervision of a professional engineer licensed in the state, as required by state law governing such professions and in accordance with this chapter and the city’s technical construction standards and specifications (TCSS). All engineering plans submitted for city review shall be dated and shall bear the responsible engineer’s registration number, his designation of “professional engineer” or “P.E.,” and the engineer’s seal. Engineering plans shall be approved by the city engineer only when such plans meet all of the requirements of this chapter and the TCSS.
(5) 
Engineering plans shall be in conformance with the technical construction standards and specifications (TCSS) and with the requirements set forth herein. Engineering plans (in complete sets, as described in subsection (i)(2) of this section) showing paving and design details of streets, alleys, culverts, bridges, storm sewers, water mains, sanitary sewers, sidewalks, screening and retaining walls, landscape and irrigation plans (if appropriate), and other engineering details of the proposed subdivision at a scale of one inch equals 40 or 50 feet horizontally and one inch equals four, five, or ten feet vertically shall be submitted to the city engineer (or designee) along with a copy of the construction plat of the subdivision. The number of copies as specified by the city shall be submitted along with the construction plat submittal.
(6) 
As part of the engineering plans, a drainage plan showing how the drainage of each lot relates to the overall drainage plan for the plat under consideration shall be submitted. The drainage plan shall be made available to each builder within the proposed subdivision and all builders shall comply with the drainage plan.
(j) 
Effect of approval.
Approval of a construction plat authorizes the property owner, upon fulfillment of all requirements and conditions of approval and upon construction of all required improvements (or submission of the proper assurances for construction of same, per article 28.06 of this chapter), to submit an application for final plat approval (see section 28.02.005).
(k) 
Revisions to approved construction plat.
It is generally recognized that minor revisions to the construction 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 construction plat. Determination of whether or not revisions are “minor” in nature is subject to the judgment of the city’s planner and engineer. 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 construction plat” unless otherwise approved by the city planner and the city engineer, as applicable. The procedures for such reapproval shall be the same as for a construction plat, and such reapproval shall constitute a new project thus necessitating submission of a new application form, payment of new fees, compliance with amendments to this chapter which occurred since original construction plat approval, and other requirements.
(2006 Code, sec. 70-34; Ordinance 02-09-549, sec. 2.4, adopted 9/3/02; Ordinance adopting 2015 Code)
(a) 
Generally.
The final plat shall be in accordance with the construction plat, as approved, and shall incorporate all applicable conditions, changes, directions and additions imposed by the planning and zoning commission and city council upon the construction plat. The final plat shall not be recommended for approval by the city council, until all utilities, infrastructure, and other required improvements have been constructed in conformance with city standards and the engineering plans, as approved by the city engineer, unless provisions are made for the completion of the improvements in accordance with article 28.06 of this chapter. If the final plat is not in accordance with the approved construction plat, it must be recommended for approval by both the planning and zoning commission and the city council. The final plat shall not be submitted prior to approval of the construction plat (see section 28.02.004(d) for exception).
(b) 
Incomplete applications.
Final plat applications which do not include the required data, completed application form, submission fee, number of copies of the plat, record drawings, “Letter of Satisfactory Completion” (of the public improvements) from the city, and other required information, including documentation that all required public improvements have been constructed and installed in accordance with city standards, letters from utility companies verifying their easements, and submission of the proper assurances or escrow funds for the completion of the improvements (per article 28.06 of this chapter) will be considered incomplete, shall not be accepted for submission by the city, and shall not be scheduled on a planning and zoning commission or city council agenda until the proper information is provided to city staff.
(c) 
Required information.
Information required on a final plat shall be as follows:
(1) 
All information that is required for a construction plat (see section 28.02.004(h)), except for submission of engineering plans, provided that such plans were already submitted and approved with the construction plat; and except that physical features of or on the land (such as topography, buildings, utility structures, water bodies and tree cover) shall not be shown on the final plat. In addition to these items, the final plat shall also provide a place for the county clerk to stamp the date and location where the plat will be filed (“Volume or Cabinet ________, Page or Slide ________”) in the lower right-hand corner of all sheets of the plat drawing near the title block.
(2) 
All aspects of the final plat shall conform to the standards of the county for plats with respect to clarity, sheet size, lettering size and reproducibility, and the county’s formatting requirements for same shall control if different from this chapter. It is the applicant’s responsibility to be familiar with the county’s standards for filing plats and to comply with same.
(3) 
Approval block (required).
The approval block used on the previously approved construction plat shall be modified and shown on the final plat, as follows:
FINAL PLAT
Approved by the City of Murphy for filing at the office of the County Clerk of Collin County, Texas.
APPROVED BY:
City Council
City of Murphy, Texas
____________________
Signature of Mayor
____________________
Date of Approval
ATTEST:
 
____________________
City Secretary
____________________
Date
(4) 
Property location statement (if required by the county):
This property is located in the corporate limits (or the extraterritorial jurisdiction) of the City of Murphy, Collin County, Texas.
____________________
Mayor, City of Murphy
____________________
Date
ATTEST:
 
____________________
City Secretary, City of Murphy
____________________
Date
(d) 
Standards for approval.
No final plat shall be reviewed by the commission or approved by the city council unless the following standards have been met:
(1) 
The plat substantially conforms with the approved construction plat and other studies and plans, as applicable;
(2) 
The construction and installation of required public improvements and city utilities has been completed and the improvements have been accepted by the city as conforming to the city’s regulations and design standards (or the proper assurances for construction of the improvements have been submitted and approved by the city, per article 28.06 of this chapter); and
(3) 
The plat conforms to 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.
(e) 
Acceptance by city.
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 a maintenance bond or certificate of deposit in accordance with article 28.06 of this chapter from each contractor, three sealed sets of “as-built” (or “record drawing”) plans and one 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 chapter, 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 TCSS and other applicable city design documents. After such letter and certification is received, the city council shall receive and accept for the city the title, use and maintenance of the improvements according to section 28.06.007. The final plat shall not be approved or filed at the county prior to receipt of the above letter and certification and any other required items, nor prior to acceptance of the improvements by the city.
(f) 
Timing of public improvements.
(1) 
The city council may permit all or some of the public improvements to be installed, offered for dedication, or accepted by the city after approval of the final plat by the city council if there exists a compelling reason that is consistent with the public health, safety or welfare to do so (also see article 28.06 of this chapter). The city council may permit or require the deferral of the construction of public improvements if, in its judgment, deferring the construction would not result in any harm to the public or would offer significant advantage in coordinating the site’s development with adjacent properties and off-site public improvements. The deferred construction of any required public improvement must be approved by the city council at the time of construction plat approval, and the necessary assurances for completion of the improvements, in accordance with article 28.06 of this chapter, shall be a stipulation, or condition, of approval of the construction or final plat, as appropriate.
(2) 
If the city council does not require that all public improvements be installed, offered for dedication, or accepted by the city prior to approval of the final plat, the applicant shall provide assurances or security for the completion of the improvements or escrowed funds, as provided in article 28.06.
(g) 
Effect of approval.
Approval of a final plat authorizes the property owner, upon fulfillment of all requirements and conditions of approval and upon completion of construction of all required improvements (or submission of the proper assurances for construction of same, per article 28.06 of this chapter), to submit the final copies, or mylars, of the plat for filing with the county. Lots may be sold only when the final plat has been approved by the city council and the plat has been filed with the county. No conveyance or sale of any portion or lot of the property may occur until after the final plat is approved by the city council and filed with the 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. Such minor revisions as correction of bearings or distances, correction of minor labeling errors, addition of erroneously omitted informational items and labels, and the like may occur on the record plat prior to filing it without the city council having to reapprove the final plat. Determination of whether or not revisions are “minor” in nature is subject to the judgment of the city’s planner and engineer. 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 city planner and the city engineer, 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 chapter which occurred since original final plat approval, and other requirements.
(i) 
Filing of final plat.
Subsequent to final plat recommendation by the planning and zoning commission and subsequent approval by the city council, the applicant shall return copies of the final plat, as approved, along with any other required documents and necessary fees, to the city manager (or designee) within 30 calendar days following approval, in accordance with requirements established by the city. 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 prior to filing the final plat, and a copy of letters from each applicable utility company shall be submitted to the city manager (or designee), and a copy of same shall be submitted to the city planner and the city engineer, stating that the plat contains the proper easements. All necessary filing materials as required by the county clerk, in addition to the appropriate number of copies and an electronic media containing the digital plat files required by the city manager (or designee), shall be returned to the city with the required fees. If the required copies and materials are not returned to the city within the specified 30-day time frame, the approval of the final plat shall be null and void unless an extension is granted by the city council. The city secretary (or designee) shall cause the final plat to be filed at the office of the county clerk within 30 calendar days following receipt of all filing materials, including filing fees.
(2006 Code, sec. 70-35; Ordinance 02-09-549, sec. 2.5, adopted 9/3/02; Ordinance 13-05-950, sec. 5, adopted 5/7/13; Ordinance 13-11-962, sec. 3, adopted 11/19/13; Ordinance adopting 2015 Code; Ordinance 17-08-1054 adopted 8/15/17)
(a) 
Authority.
This section is adopted pursuant to the V.T.C.A., Local Government Code secs. 212.041–212.050, 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 chapter, unless expressly exempted herein;
(2) 
The development of any tract of land for which the property owner claims an exemption from this chapter, including requirements to replat, which exemption is not expressly provided for in such regulations;
(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 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 the ordinance from which this chapter is derived. The city council may, from time to time, exempt other development or land divisions from the requirements of this section.
(d) 
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, until a development plat has been reviewed by the commission, approved by the city council, 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 chapter.
(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 set out in chapter 30 (if located within the city’s corporate limits) and this chapter;
(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 roadway (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 chapter and in the city’s TCSS, and to any other applicable codes or ordinances of the city that are related to development of a land parcel.
(f) 
Conditions.
The city council may impose such conditions on the approval of the development plat as are necessary to assure compliance with the standards in subsection (e) of this section.
(g) 
Approval procedure.
The application for a development plat shall be submitted to the city in the same manner as a final plat (see section 28.02.005), and shall be approved, conditionally approved, or denied by the city council following review and recommendation 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 secretary in the same manner as prescribed for a final plat (see section 28.02.005), and approval of a development plat shall expire if all filing materials are not submitted to the city manager (or designee) 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 28.02.005), 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 (the site plan shall also show all other site plan items listed in the city’s zoning ordinance set out in chapter 30 for informational purposes);
(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 as printed in appendix A to this code), and a certificate or some other form of verification from the county central 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 28.01.010.
A copy of all application materials for a development plat shall be simultaneously submitted to the city planner for review in the same manner as for a final plat, or the application shall be deemed incomplete.
(2006 Code, sec. 70-36; Ordinance 02-09-549, sec. 2.7, adopted 9/3/02; Ordinance adopting 2015 Code)
(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 chapter. All improvements shall be constructed in accordance with the same requirements as for a construction or final plat, as provided herein. The city manager (or designee) may waive or modify requirements for a preliminary 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 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 and zoning commission and by the city council; 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 subsection (b) of this section, a replat without vacation of the preceding plat must conform to the requirements of this section if:
(1) 
During the preceding five 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 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 residential units per lot.
Notice of the public hearing required under subsection (b) of this section shall be given before the 15th calendar day before the date of the hearing by publication in an official newspaper or a newspaper of general circulation in the county. Notice of the public hearing shall also be given by written notice before the 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 200 feet of the lot 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.
(d) 
Protest.
If the property owners of 20 percent or more of the total land area of lots to whom notice is required to be given under subsection (b) of this section 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 28.01.009, then approval of the replat will require the affirmative vote of at least three-fourths of the full city council. For a legal protest, written instruments signed by the owners of at least 20 percent of the total land area of the lots or land immediately adjoining the area covered by the proposed replat and extending 200 feet 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 percent rule” described in this subsection, the area of streets and alleys shall be included.
(e) 
Exception to public hearing notice requirements.
Compliance with subsection (c) of this section 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-family 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) of this section, 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 200 feet of the subject property.
(f) 
Reference to original subdivision boundaries and recording information.
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.
(g) 
When previous plat vacated.
If the previous plat is vacated as prescribed in V.T.C.A., Local Government Code sec. 212.013, as amended, and as provided in section 28.02.009, a public hearing is not required for a replat of the area vacated. It would, instead, be submitted as a “final plat” and reviewed accordingly.
(h) 
Compliance with final plat requirements.
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.
(i) 
Title identification.
The title shall identify the document as a “Final Plat” of the “__________ Addition, Block __________, Lots(s) __________, Being a Replat of Block __________, Lot(s) __________ of the __________ Addition, an addition to the City of Murphy, Texas, as recorded in Volume/Cabinet __________, Page/Slide __________ of the Plat Records of Collin County, Texas.”
(j) 
Application submittal.
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 as printed in appendix A to this code), 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 28.01.010. 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 city planner for review in the same manner as for a final plat, or the application shall be deemed incomplete.
(k) 
Filing of replat.
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 city secretary, and if the replat is not filed at the county within the time periods specified for a final plat.
(2006 Code, sec. 70-37; Ordinance 02-09-549, sec. 2.8, adopted 9/3/02; Ordinance adopting 2015 Code)
(a) 
An amended plat shall meet all of the informational and procedural requirements set forth 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 as printed in appendix A to this code), and certificate or some other acceptable form of verification from the county central 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 28.01.010. A copy of all application materials for an amending plat shall be simultaneously submitted to the city planner for review in the same manner as for a final plat, or the application shall be deemed incomplete.
(b) 
Upon receipt of a favorable recommendation for approval from the city planner, the mayor or city manager (or designee) may approve an amending plat, which may be recorded and is controlling over the preceding or final plat without vacation of that plat, if the amending plat is signed by the applicants only and if the amending plat is for one or more of the purposes set forth in this section. The procedures for amending plats shall apply only if the sole purpose of the amending plat is to:
(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 surveyor 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 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 or more lot lines between one or more adjacent lots 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;
(10) 
To make necessary changes to the preceding plat to create six 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 city council has approved, after a public hearing, as a residential improvement area.
(c) 
The city manager (or designee) may, at his or her discretion and for any reason, elect to present the amending plat to the planning and zoning commission and city council for consideration and approval. Any decision made on the amending plat by the city manager (or designee) shall be approval of the plat. Should the city manager (or designee) refuse to approve the amending plat, then the plat shall be referred to the commission for review, and the city council for 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 and issuance of an amending plat.
(e) 
The amended plat shall be entitled and clearly state that it is an “amended plat,” and it shall include a detailed “Purpose for Amended 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 amended plat, and shall include the original subdivision plat boundary. All references to “final plat” or “replat” shall be removed.
(f) 
Other than noted above, the procedure for approval of plat amendment(s) shall be the same as in section 28.02.007.
(g) 
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 secretary, and if the plat is not filed at the county within the time periods specified for a final plat.
(2006 Code, sec. 70-38; Ordinance 02-09-549, sec. 2.9, adopted 9/3/02; Ordinance adopting 2015 Code)
(a) 
By property owner.
The property owner of the tract covered by a plat may vacate, upon review by the commission and approval by the city council, 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 review, and the city council may approve, the petition for vacation on such terms and conditions as are in accordance with V.T.C.A., Local Government Code sec. 212.013, and as are reasonable to protect the public health, safety and welfare. As a condition of vacation of the plat, the city council may direct the petitioners to prepare and seek approval of a revised final plat in accordance with this chapter 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 and city council’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 and city council.
(e) 
City-initiated plat vacation.
(1) 
General conditions.
The city council, 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 years following the date that the plat was signed by the city;
(B) 
The property owner has breached an improvement 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 successors; or
(C) 
The plat has been of record for more than five 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 and zoning commission or city council 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 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, and subsequently before the city council, on the motion to vacate the subdivision or addition plat. The commission shall recommend approval, and the city council shall approve, the plat vacation only if the criteria and conditions cited above are satisfied.
(3) 
Record of plat vacation.
If the city council approves vacating a plat, the city secretary shall cause a copy of the plat vacation instrument to be recorded in the office of the county clerk 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 city council 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.
(2006 Code, sec. 70-39; Ordinance 02-09-549, sec. 2.10, adopted 9/3/02)
(a) 
A minor plat shall meet all of the informational and procedural requirements set forth 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 as printed in appendix A to this code), and a certificate or some other acceptable form of verification from the county central 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 28.01.010. A copy of all application materials for a minor plat shall be simultaneously submitted to the city planner for review in the same manner as for a final plat, or the application shall be deemed incomplete.
(b) 
Upon receipt of a favorable recommendation for approval by the city planner, the city manager (or designee) may approve a minor plat, or may, for any reason, elect to present the minor plat to the planning and zoning commission and city council for consideration and approval. Any decision made on the minor plat by the city manager (or designee) shall be approval of the plat. Should the city manager (or designee) refuse to approve the minor plat, then the plat shall be referred to the planning and zoning commission for review, and city council for approval, within the time period required by state law.
(c) 
Notice, a public hearing, and the approval of other lot owners are not required for the approval of a minor plat.
(d) 
The minor plat shall be entitled and clearly state that it is a “minor plat.”
(e) 
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.
(2006 Code, sec. 70-40; Ordinance 02-09-549, sec. 2.11, adopted 9/3/02; Ordinance adopting 2015 Code)