(a)
Applicant responsibilities.
(1)
Basic submittal requirements.
The applicant shall submit
to the city no later than 30 days prior to the commission meeting
at which the plat is to be considered:
(A)
Full filing fee;
(C)
Letter of transmittal, stating briefly the type of street surfacing,
drainage, sanitary facilities, and water supply proposed;
(D)
The name and address of the owner or agent, engineer, and surveyor;
and
(E)
Supplementary materials as applicable in other sections of this chapter.
(2)
Plat specifications.
The preliminary plat shall contain
the following information:
(A)
Scale.
Drawn to not smaller than 200 feet.
(B)
Existing features inside subdivision.
(i)
Boundary lines.
The existing boundary lines (accurate
in scale) of the land to be subdivided. Boundary lines shall be drawn
in heavy lines for easy identification.
(ii)
Legal description.
A metes and bounds description
of the property.
(iii)
Drainage.
The location of existing watercourses,
railroads, and other similar drainage and transportation features.
(iv)
Location and width.
The location and width of
existing streets, alleys, easements, buildings, structures, sewers,
water mains, culverts or other underground structures within or adjacent
to the tract.
(v)
Survey.
All of the survey requirements of section 10.02.009(a), Information Required, shall be met.
(D)
New features inside of subdivision.
(i)
The proposed name of the subdivision.
(ii)
The location, right-of-way width, and names of proposed streets.
(iii)
The approximate width and depth of all lots. If the side lines
are not parallel, the approximate distance between them at the building
line and at the narrowest point should be given.
(iv)
The location of building lines, alleys and easements.
(v)
The location and approximate size of sites for any educational
services, place of public assembly, park and recreation facility or
center, and/or any land use that is required to be approved as a special
use pursuant to either table 14.03.003, Residential Uses by
Zoning District, or table 14.03.004, Nonresidential
Uses by Zoning District.
(vi)
The approximate acreage of the property to be subdivided.
(vii)
Key map. A key map showing the relationship of the subdivision
to major thoroughfares in all directions within a distance of at least
one mile.
(viii)
Title, date, scale, and north arrow. The date,
scale, north arrow and title under which the plat is to be recorded,
with the name, address, and phone number of the owner and surveyor
platting the tract.
(b)
Planning and zoning commission.
The planning and zoning
commission shall:
(d)
Effect of no decision.
If no decision is rendered by the planning and zoning commission within 30 days after the preliminary plat has been filed and the requirements of section 10.05.004, Application Completeness Review, have been satisfied, the
preliminary plat, as submitted, shall be deemed to be approved.
(e)
Effect of approval.
(f)
Expiration and extension.
Preliminary approval will
expire six months after the approval by the planning commission of
the preliminary plat or of sections thereof. The applicant may apply
in writing for an extension prior to the end of such six-month period.
This period may be extended six months, but not beyond a total of
one year.
(2000 Code, sec. 23-5; Ordinance
adopting Code)
(a)
Applicant responsibilities (pre-approval).
(1)
Basic submittal requirements.
The applicant shall:
(A)
Submit a proposal that conforms to a preliminary plat as approved per section 10.07.001, Preliminary Plats.
(B)
Incorporate all changes, directions, and additions imposed by the
city through the preliminary platting process.
(C)
Submit a tax certificate as proof that city taxes and city assessments
have been paid in full.
(D)
Submit to the city no later than 20 days prior to the planning and
zoning commission meeting the following documents in an PDF electronic
format (printed at a scale of 24 x 36 inches):
(i)
A set of detailed plans signed by a State of Texas registered
professional engineer showing streets, alleys, culverts, bridges,
storm sewers, water mains, sanitary sewers and other engineering details;
and
(ii)
One original final plat with all required changes and proper
signatures, prepared and signed by a State of Texas registered land
surveyor.
(2)
Plat specifications.
The final plat shall be sized and
contain the information, details and documents as follows:
(A)
Features inside subdivision.
(i)
Easements.
All easement lines whether existing
or proposed shall be dashed.
(ii)
Boundary lines.
The proposed boundary lines with
accurate distances and bearings of the land to be subdivided. Boundary
lines shall be drawn in heavy lines for easy identification.
(iii)
Survey.
An accurate metes and bounds description
of the proposed subdivision, including reference to the following
items that shall be described in a manner sufficient to determine
its specifications per Federal Emergency Management Agency maps:
(iv)
Location and width.
a.
The location of existing watercourses and other similar drainage
features, flood-prone land, railroads, highways, and other transportation
features.
b.
True bearings and distances to the nearest established street
lines, official monuments or subdivision corner, which shall be accurately
described on the plat.
c.
The location and width of all existing and/or proposed streets,
alleys, easements, and right-of-ways.
(v)
Deed filing.
An accurate location of the subdivision
with reference to the deed records of the county which shall include
the volume and page of the deed of the property to be subdivided.
(C)
Streets, alleys, easements.
The lines and names
of all proposed streets or other ways or easements to be dedicated
to public use, with the following engineering and surveying data:
(i)
For streets and alleys.
a.
Complete curve data (delta, length, radius, tangent, point of
curve, point of reverse curve, point of tangent) shown on the centerline
or on each side of street or in a chart on the plat which lists all
such data for each curve.
b.
Length and bearings of all tangents.
c.
Dimensions from all angle points and points of curve to an adjacent
side lot line.
(ii)
For watercourses and easements.
(iii)
Lots and blocks.
The city reserves the right to
provide any and all block numbers. Applicants need not submit plats
and/or plans with block numbering.
(D)
Reservations.
The use and property dimensions
of all special reservations identified for the project, including
sites for educational services, places of public assembly, and park
and recreation facilities or centers and/or any land use that is required
to be approved as a special use pursuant to either table 14.03.003, Residential Uses by Zoning District, or table 14.03.004, Nonresidential Uses by Zoning District.
(F)
Key map.
A key map showing the relationship of
the subdivision to all expressways, arterials, and collector streets,
as defined by appendix A, Thoroughfare Map,[1] in all directions within a distance of at least one mile.
[1]
Editor’s Note: Appendix A is included as an attachment to this chapter.
(G)
Title, date, scale, and north arrow.
The date,
scale, north arrow and subdivision title; name and address of applicant;
name, address and seal of surveyor.
(H)
Dedication statement.
All dedication statement
statements are required to be on the final plat and must be in the
format as shown in appendix B, Required Dedication Statement.[2]
[2]
Editor’s Note: Appendix B is included as an attachment to this chapter.
(I)
Special restrictions.
Where restrictions of use
of land, other than those given in these regulations, are to be imposed
by the applicant, such restrictions shall be placed on the final plat
or on a separate instrument filed with the plat.
(J)
Subdivision improvements.
(i)
Final plats may be approved on portions of a large area of land
for residential or other uses for which a preliminary plat has been
approved, provided that the required improvements for said portion
are developed as part of the required improvements for the entire
area.
(ii)
Water mains, storm sewers, trunk sewers, and any sewage treatment
plant shall all be designated, designed, and built to serve the entire
area owned by the applicant or designed and built in such a manner
that they can easily be expanded or extended to serve the entire area.
(iii)
Construction plans as required by this section will be designed
to serve the entire area shown on the preliminary plat.
(b)
Planning and zoning commission.
The planning and zoning
commission shall:
(d)
Administrator.
The administrator shall, within 30 days
after planning and zoning commission approval:
(e)
Applicant responsibilities (post-approval).
Upon approval
the applicant shall:
(1)
Direct his engineer to design, stake and supervise the construction
(to be inspected by the city) of facilities in accordance with approved
plans and specifications and these regulations.
(2)
Direct his contractor(s) to construct all improvements as identified
in the approved engineering plans and to provide to the city:
(3)
The developer shall install all survey monuments and markers, street
paving, curbs and gutters, alley grading, storm drainage, water and
sanitary sewer mains and laterals, fire hydrants, water valves, traffic
signs, streetlights, street signs and sidewalks, within and adjacent
to the subdivision, or shall provide cash deposit or other guarantee
acceptable to the city for the payment of the cost of such installations
prior to the final approval by the city council.
(f)
Expiration of approval.
Final approval will expire one
year after approval unless the plat has been filed for record.
(g)
Filing.
No subdivision plat shall be filed or recorded,
and no lot in a subdivision inside the corporate limits of the city
shall be improved or sold, until the final plat shall have been approved
by the planning and zoning commission.
(2000 Code, sec. 23-5; Ordinance
adopting Code)
(a)
Applicability.
The applicant may, at his option, elect
to combine the preliminary plat and final plat, whenever the following
conditions are satisfied:
(2000 Code, sec. 23-5; Ordinance
adopting Code)
(a)
Applicability.
The owner(s) of a tract of property for
which a final plat approval has been granted by the city has the right
to vacate the plat:
(b)
Applicant responsibilities.
The applicant for a final
plat vacation shall submit to the administrator a statement:
(1)
Detailing the specific plat that is requested to be vacated;
(2)
Submittal of a signed acknowledged instrument declaring the owner(s)
desire that the previously approved final plat be vacated; and
(3)
If applicable, evidence that no portion of the tract, prior to the
city’s final plat approval, has been sold.
(c)
Planning and zoning commission.
The planning and zoning
commission shall approve the final plat vacation request if after
inspection of the signed acknowledged instrument it concurs that the
requirements of Texas Local Government Code (TLGC) section 212.013, Vacating Plat, have been satisfied.
(d)
Administrator.
After planning and zoning commission
approval of a vacated plat, the administrator shall review the vacated
plat for proper signature and request that the county clerk record
the vacated plat pursuant to TLGC section 212.013, Vacating
Plat.
(2000 Code, sec. 23-5; Ordinance
adopting Code)
(a)
Application required.
Any person who wishes to revise
a subdivision plat which has been previously filed for record must
submit an application of the proposed revised plat to the administrator.
(b)
Public notice requirement.
(1)
After an application is filed for a replat affecting single-family
residential property (single-family detached dwelling, duplex, or
townhouse), then the administrator shall cause a notice of the application
to be published in the official newspaper of the city at least 15
days before the date of the planning and zoning commission meeting
at which it is to be considered.
(2)
Such notice must include a statement of the time and place at which
the planning and zoning commission will meet to consider the replat
and to hear public comments to the revision at a public hearing.
(c)
Written notice requirement.
Written notice must be sent
to all owners of property located within 200 feet of the original
plat. Such notice must be served by depositing the notice, properly
addressed and postage paid, at the local post office.
(d)
Legally protested supermajority.
(1)
Vote requirement.
If a proposed replat is protested (as described in subsection (2) below) the replat must receive, in order to be approved, the affirmative vote of at least three-fourths of all members of the planning and zoning commission.
(2)
Legal protest standard.
For the legal protest approval
standard to be applied, a written petition signed by the owners of
at least 20 percent of the area of the land immediately adjoining
the area covered by the proposed replat and extending 200 feet from
that area, must be filed with the administrator no more than 24 hours
prior to the opening of the public hearing.
(2000 Code, sec. 23-5; Ordinance
adopting Code)
(a)
Generally.
Requests for amendments to the text of this
chapter may be initiated by the request of the planning and zoning
commission, city council, or city manager to amend, supplement, change,
modify, or repeal any portion of this chapter that is not expressly
required by state or federal law.
(b)
Decision by city council.
The city council shall:
(c)
Criteria for approval.
The following criteria should
be considered by the planning and zoning commission and city council.
The proposed amendment should:
(1)
Promote the health, safety, and general welfare of the city;
(2)
Promote the safe, orderly, efficient and healthful development of
the city;
(3)
Be consistent with other regulations within the city’s Code
of Ordinances; and
(4)
Be consistent with the policies of the most recent comprehensive
plan for the city.
(d)
(2000 Code, sec. 23-5; Ordinance
adopting Code)
(b)
Procedural requirements.
(1)
Any variance authorized is required to be entered in writing into
the minutes of the planning and zoning commission meeting specifically
stating the reason(s) for which the variance was approved.
(2)
Not less than two-thirds of the entire membership of the planning
and zoning commission must approve the request.
(2000 Code, sec. 23-5; Ordinance
adopting Code)
(a)
Generally.
(1)
Purpose.
The purpose of the appeals process is to provide
an opportunity for affected parties to seek review of a decision in
a timely and inexpensive way.
(2)
Administrator, city manager and public works director decisions.
All decisions of the administrator, the city manager, and the
public works director, pertaining to this chapter, may be appealed
to the planning and zoning commission.
(3)
Planning and zoning commission decisions.
All decisions
of the planning and zoning commission, pertaining to this chapter,
may be appealed to the city council.
(4)
City council decisions.
All decisions of the city council,
pertaining to this chapter, may be appealed to a court of competent
jurisdiction.
(b)
Deadline to appeal.
All appeals must be fully completed
and submitted to the city 30 days after an official decision by any
city official, committee, or governing body.
(c)
Content.
The request for appeal shall clearly state
each alleged error or ground for protest which the appellant intends
to assert. It cannot be amended, supplemented, or modified after the
public notice of meeting is posted.
(d)
Scope of review.
The planning and zoning commission
and/or city council shall review the application in the same manner,
using the same approval criteria as the decision-maker. However:
(1)
No new evidence shall be presented to the planning and zoning commission
and/or city council that was not considered by the decision-maker;
and
(2)
No issues shall be reviewed by the planning and zoning commission
and/or city council that were not described or obviously implied by
the notice or request for appeal.
(e)
Parties to appeal.
(1)
Only parties shall have standing to bring an appeal. No appeal by
a person who is not a party shall be heard.
(2)
The parties to an appeal are the petitioner and the respondent. The city is always a respondent. Other interested parties may also join as respondents pursuant to subsection (e)(3), below.
(4)
The applicant is always a party, and shall not be required to demonstrate
injury if:
(5)
Any person or entity that owns property within 300 feet of any parcel
line of the parcel that is the subject of the appeal shall not be
required to demonstrate injury.
(2000 Code, sec. 23-5; Ordinance
adopting Code)
