[1]
Editor’s note–This chapter consists of Ordinance 2020-16 adopted 12/8/20, as amended. Article, section and subsection numbers, style, capitalization and formatting have been changed to be consistent with the remainder of the Code of Ordinances, and this will be maintained in future amendments to this chapter. Chapter 9 of the 1998 Code of Ordinances, “Subdivisions,” which derived from Ordinance 9303 adopted 12/15/92, as amended, was amended in its entirety by Ordinance 1607 adopted 8/9/16. Chapter 9 was subsequently amended in its entirety by Ordinance 18-07.
(a) 
Purpose.
(1) 
The development and subdivision of land, as they affect a community’s quality of life, are activities for which regulation is a valid function of a municipal government. The regulations contained within this subdivision ordinance are intended to protect the interests of the public and of private parties by granting certain rights and privileges. The requirements in this subdivision ordinance are also intended to establish a fair and rational procedure for developing and subdividing land such that land will be developed in accordance with existing physical, social, economic and environmental conditions.
(2) 
The provisions of this subdivision ordinance are intended to implement standards and requirements provided for herein and shall be requirements for the platting and development of land within the city limits and its extraterritorial jurisdiction (“ETJ”) pursuant to the authority granted in section 212.003, Texas Local Government Code.
The provisions of this subdivision ordinance are intended to implement the following objectives:
(A) 
Promote the development and the utilization of land in a manner that provides an attractive and high-quality community environment in accordance with the comprehensive plan and the zoning ordinance of the city;
(B) 
Guide and assist property owners and applicants in the correct procedures to be followed, and to inform them of the required standards;
(C) 
Protect the public interest by having standards for, but not limited to, the location, design, class and type of streets, sidewalks, trails, alleys, utilities and essential public services;
(D) 
Assist orderly, efficient and coordinated development within the city’s limits and its ETJ;
(E) 
Integrate the development of various tracts of land into the community, and coordinate the future development of adjoining tracts;
(F) 
Promote the most efficient and beneficial provision of public facilities and services for each tract being subdivided;
(G) 
Provide for efficient traffic circulation throughout the municipality;
(H) 
Provide for pedestrian circulation that is appropriate for the various uses of land and buildings;
(I) 
Minimize pollution of the air, streams, bodies of water, and aquifers; promote the adequacy of storm drainage facilities; minimize erosion; safeguard both surface and groundwater supplies, as well as endangered or threatened plant and animal life in order to preserve the integrity, stability and beauty of the community and the value of the land;
(J) 
Preserve the natural beauty and topography of public and private properties by encouraging where possible that natural features and land forms are incorporated into developments as amenities;
(K) 
Establish adequate and accurate records of land subdivision;
(L) 
Provide for public or private facilities that are available and will have sufficient capacity to serve proposed developments and citizens within the city and ETJ;
(M) 
Provide for adequate light, air and privacy; secure safety from fire, flood and other dangers; and prevent overcrowding of the land and undue congestion of population.
(b) 
Applicability.
(1) 
The provisions of this subdivision ordinance apply to any division or development of land, combination of separate land parcels, and/or development of land within the corporate boundaries of the city and within its ETJ.
(2) 
Except as otherwise expressly provided in this subdivision ordinance, no building permit shall be issued for any building or structure on a property located within the city limits of the city until a plat has been approved and filed for record.
(3) 
Property located within the city limits must be properly zoned before a plat may be approved.
(c) 
Subdivision rules.
The provisions of this subdivision ordinance, the standards governing constructed facilities applicable to plats in other portions of the Municipal Code of Ordinances, constitute the subdivision rules of the city, which apply to applications for plat approval inside the city limits and within the city’s ETJ.
(d) 
Compliance with city plans and ordinances required.
(1) 
Within the city limits, compliance with all city ordinances pertaining to zoning, subdivision and development of land, and the comprehensive plan, shall be required prior to approval of any application pursuant to this subdivision ordinance. All such ordinances and comprehensive plan shall be construed to mean those documents as they exist or may be amended from time to time. It is the property owner’s responsibility to be familiar with, and to comply with, city ordinances, the comprehensive plan, and the provisions of this subdivision ordinance.
(2) 
Within the extraterritorial jurisdiction (ETJ), in order to promote the health, safety, and general welfare of the city and the safe, orderly, and healthful development of the city, it is the intent of the city to exercise full authority in all or portions of the ETJ as allowed by state law, including but not limited to the following:
(A) 
Plats, development plats, subdivision approvals and development requirements applicable to plans and plats;
(B) 
Access to and sufficiency of public roads;
(C) 
Regulation of ground water; and
(D) 
Any and all portions of the City’s Code of Ordinances that specifically state their application to the ETJ.
(e) 
Restrictiveness.
Where the regulations imposed herein are either more restrictive or less restrictive than comparable conditions imposed by any other provision of any other applicable law, ordinance, resolution, rule or regulation of any kind, the regulations which are more restrictive and impose higher standards are the requirements that shall govern. Notwithstanding the foregoing, the city may, but is not required to, seek enforcement of a more restrictive regulation imposed by a person or entity other than the city.
(Ordinance 2020-16 adopted 12/8/20)
(a) 
General.
Terms which are used in this ordinance and are not specifically defined shall be given their ordinary meaning unless the context requires or suggests otherwise. In the case of ambiguity or uncertainty concerning the meaning of a particular term, whether or not defined, the city staff shall have the authority to assign an interpretation which is consistent with the intent and purpose of this ordinance, or an interpretation which is consistent with previous usage or interpretation.
(b) 
Words and terms defined.
Alley.
A right of way which provides secondary access to multiple properties, generally in the rear of the property and used for the purpose of service access and not intended for general travel.
Block.
Property designated on an officially recorded map existing within well-defined and fixed boundaries within a subdivision and usually being an area surrounded by streets or other features such as parks, railroad rights-of-way or municipal boundary lines which make it a unit.
Building.
A structure for the support or shelter of any use or occupancy.
Building inspector.
The officer or other designated authority charged with the administration and enforcement of this code.
Building line.
A line established, in general, parallel to a property line, over which no part of a building shall project, except as otherwise provided in this ordinance.
City engineer.
The duly authorized engineer of the City of Oak Leaf.
Council.
The city council for the City of Oak Leaf.
Easement.
A right given by the owner of a parcel of land to another person, public agency or entity for specific and limited use of that parcel.
Extraterritorial jurisdiction.
The unincorporated area, not a part of any other municipality, which is contiguous to the corporate limits of the city, the outer limits of which are measured from the extremities of the corporate limits of the city outward for the distance as stipulated in chapter 42 of the Texas Local Government Code, according to the population of the city, and in which area the city may regulate subdivisions and enjoin violation of provisions of this subdivision ordinance.
Floodplain.
Area subject to inundation by flood, having a given percentage of probability of occurrence in any given year, based on existing conditions of development within the watershed area.
Front yard.
That portion of a lot between the front lot line and the front building line.
Height.
The vertical distance measured from grade to the highest point of the structure.
Lot.
A designated parcel, tract, or area of land established by a plat and to be used, developed or built upon as a unit.
Lot depth.
The length of a line connecting the mid-point of the front and rear lot lines.
Lot line.
A property line that divides one lot from another lot or from a public or private street or any other public space.
Lot width.
The length of a line, drawn perpendicular to the lot depth line at its point of intersection with the front yard line, connecting the side property lines.
Open space.
Any parcel or area of land or water essentially unimproved and set aside, dedicated, designated, or reserved for public use or enjoyment or for the private use and enjoyment of owners and occupants of land adjoining or neighboring such open space.
Platted lot line.
A lot line that has been recorded with the official recording agency.
Planning and zoning administrator.
That person appointed by the mayor and city council to manage city planning, zoning and subdivision reviews.
Planning and zoning commission.
The regulatory body appointed by the city council as an advisory body to it relative to zoning, platting and planning matters and the physical development of the city and its environs and designated as the planning and zoning commission. If no entity is appointed, then the members of the city council shall act as and carry out all duties of the planning and zoning commission.
Public improvement.
Any temporary and permanent on-site and off-site facilities, infrastructure, amenities and other appurtenances, required by city regulations to be provided whether owned and maintained by the city or by a third party, which serve a public purpose in providing a needed service or commodity, such as wastewater collection and treatment and water storage and distribution, street improvements and which protect the general health, safety, welfare and convenience of the city’s citizens, including efficiency in traffic circulation and access for emergency services. Required public improvements may include, but shall not be limited to, street and alley paving, including any necessary median openings and left-turn lanes on major thoroughfares; water lines and pumping stations; sanitary sewer lines and lift stations; storm drainage structures and stormwater management devices; water quality controls; screening and retaining walls; fire lane paving and fire hydrants; landscaping, where such is used for required screening or other required landscaped area, and associated irrigation systems and irrigation areas; and any required public walkways, streetlights and street name signs .
Public street.
Any street in the City of Oak Leaf that is not private.
Rear yard.
That portion of a lot between the rear lot line and the rear building line.
Side yard.
That portion of a lot line between the side lot lines and the side building lines.
Street.
The right-of-way of a street.
Structure.
That which is built or constructed, an edifice or building of any kind, or any piece of work artificially built up or composed of parts joined together in some definite manner.
Tree.
A plant having a permanently woody main stem or trunk, ordinarily growing to a considerable height, and usually developing branches at some distance from the ground.
TXDOT.
Texas Department of Transportation.
Waiver, major.
A significant change to both the standards and intent of this subdivision ordinance, which involves city council approval.
Waiver, minor.
A minor change to the standards, but not the intent, of this subdivision ordinance, which requires the city or the city engineer approval unless otherwise noted.
Yard.
That portion of a lot which is required to be unoccupied and unobstructed from the ground to the sky, except as otherwise provided in this ordinance.
(Ordinance 2020-16 adopted 12/8/20)
(a) 
Planning and zoning commission authority for deciding applications.
(1) 
The planning and zoning commission shall have the authority to act on, review and make recommendations on the following types of applications:
(A) 
Preliminary plat;
(B) 
Final plat;
(C) 
Major replat;
(D) 
Development plat.
(E) 
Any plat that includes a request for a major waiver.
(2) 
Recommendations.
After making a recommendation of the types of applications referenced in subsection (a)(1)(A)–(E) by the planning and zoning commission, the same shall be forwarded to the city council for consideration and approval, approval with conditions, or disapproval.
(3) 
Appeals.
Appeals from the planning and zoning commission shall be sent to the city council for a decision.
(b) 
Administrative authority for deciding applications.
(1) 
The planning and zoning administrator shall have the authority to act on the following types of applications:
(A) 
Minor plat
(B) 
Amended plat
(C) 
Replats where no more than 3 lots are created and no additional public improvements are required.
(D) 
Any request for a minor waiver associated with the above plat types.
(2) 
Appeals.
Appeals of a decision by the planning and zoning administrator shall be made to the planning and zoning commission.
(c) 
Authority of city council.
(1) 
Recommendations from planning and zoning commission.
The city council shall review and consider all recommendations from the planning and zoning commission.
(2) 
Appeals.
The city council shall hear and decide the following appeals:
(A) 
Any appeal from a decision made by the planning and zoning commission and related to a denial or approval with conditions of a plat or waiver;
(B) 
Any appeal from a decision made by the planning and zoning commission and related to a denial of a plat or waiver by the planning and zoning administrator;
(C) 
Any other appeal so authorized by this subdivision ordinance.
(D) 
Decisions of the city council on platting matters shall be decided by simple majority vote except when associated with a protest as set out in section [sic].
(Ordinance 2020-16 adopted 12/8/20)
(a) 
The city council may from time to time, after public hearings required by law, amend, supplement, or change the regulations herein provided.
(b) 
The city council may from time to time amend, supplement or change the text of the development application handbook which is incorporated herein by reference.
(Ordinance 2020-16 adopted 12/8/20)
(a) 
General.
Fees shall be paid to the city when any application authorized by this subdivision ordinance is submitted to the city. Each of the fees shall be paid in advance, and no action by the city council shall be valid until all required fees have been paid. Fees paid for the review and consideration of plats and applications under this subdivision ordinance are non-refundable.
(b) 
Calculations and charges.
(1) 
All fees are prescribed in chapter 12, fee schedule.
(2) 
These fees shall be charged on all plats and applications authorized by this subdivision ordinance, regardless of the action taken by the city and whether the application is approved, denied or closed.
(Ordinance 2020-16 adopted 12/8/20)
Prior to the filing of a plat application, the applicant(s) shall meet with the city to familiarize himself or herself with the city’s development regulations. At such meeting the general character of the development may be discussed, and items may be included concerning zoning, utility service, street requirements, vested rights, proposed waivers and other pertinent factors related to the proposed subdivision or development. At the pre-submittal conference the applicant(s) may be represented by his or her land planner, engineer or surveyor, or other representative.
(1) 
Pre-submittal meeting.
(A) 
Meeting request.
To schedule a pre-submittal meeting, the applicant shall make a request for a pre-submittal meeting with the planning and zoning administrator, and such request shall describe the type of development or subdivision desired and/or the type of application that the applicant intends to submit. The applicant shall then be notified by the planning and zoning administrator of the meeting time and place.
(B) 
Vested rights.
There shall be no vested rights based on a pre-submittal meeting. If the applicant claims a vested right as described in section 9.01.011 the vested rights claim shall be resolved prior to submittal of a plat application. If no application is filed claiming a vested right prior to submittal of a plat application, the city will process the application on the assumption that current ordinances of the city apply to the application. If a vested rights claim is made after a plat application is filed, such claim will be grounds for denying the plat until the vested rights claim is addressed.
(C) 
Rough proportionality.
If the applicant claims that construction of a public improvement as required by this subdivision ordinance would constitute an illegal exaction on the applicant, such claim shall be resolved in accordance with section 9.01.013. A determination on the applicant’s exaction claim shall be resolved before approval of a recordable plat. If an exaction claim is made after a plat application is filed, such claim will be grounds for denying the plat until the claim is resolved. Applicants are encourage to raise such issues at the pre-submittal meeting.
(D) 
Effect.
Except as otherwise described above, following the pre-submittal meeting the applicant may proceed with the submittal of an application.
(2) 
General application contents.
(A) 
Application contents.
All applications shall be submitted on a form supplied by the city with the required information as stated on the application form. Incomplete applications shall not be accepted for filling and shall not be considered officially filed until such time as the application becomes complete.
(i) 
Application timing.
An application must be considered complete in accordance with section 9.01.007 initiation, complete application and expiration of this subdivision ordinance prior to being processed for technical review and compliance and prior to placement on an agenda for planning and zoning commission or city council consideration, or prior to consideration by the planning and zoning administrator, as applicable.
(ii) 
Fees required.
Every application shall be accompanied by the prescribed fee set forth in chapter 12, fee schedule, as approved by city council and as may be amended from time to time. The prescribed fee is not refundable.
(iii) 
Delinquent city taxes on property.
An application shall not be deemed complete, nor shall it be approved, if there are delinquent city taxes on the subject property.
(B) 
Accompanying information to be provided.
Each application shall show or be accompanied by the following information:
(i) 
The name of the applicant(s).
(ii) 
The name of the licensed land surveyor, registered professional engineer or land planner responsible for the design of the plat.
(iii) 
The title or name of the subdivision (which must not be so similar to that of an existing subdivision as to cause confusion).
(iv) 
North point, date, scale (not to exceed one (1) inch to one hundred (100) feet) and the approximate acreage of the proposed subdivision with an accurate survey of the land to be subdivided.
(v) 
The location and width of all existing and dedicated streets, alleys, and easements within or adjacent to the proposed subdivision for a distance of two hundred (200) feet from the proposed subdivision. If there are no adjacent existing or dedicated streets or alleys within two hundred (200) feet of the proposed subdivision on any side, then a map on a smaller scale must accompany the preliminary plat showing the outline and ownership of adjacent properties, locations of the nearest subdivisions and existing or dedicated streets and alleys.
(vi) 
All physical features of the property to be subdivided, including location and size of all watercourses, ravines, bridges, culverts, existing structures, drainage areas in acres of any areas draining into the subdivision, and other features pertinent to the subdivision. The outline of wooded areas or the location of important individual trees may be required. All drainage ways within the development shall be protected in a separate easement dedicated by the plat.
(vii) 
The location, size and approximate depth of all existing utilities shall be shown.
(viii) 
An additional plat shall be submitted on a contour map with all elevations referenced to city datum. The contours shall be shown at intervals of not more than five feet. The contour interval between these limits shall be determined by the topography of the land to be subdivided or developed.
(ix) 
The plat shall show the actual boundary survey; however, the layout of the proposed subdivision lots, blocks and streets may be scaled dimensions.
(x) 
The proposed plat for the subdivision shall be shown, including all proposed streets and their names, alleys, easements, blocks, lots, building lines, or setbacks, etc., with principal dimensions. Street names shall conform to existing streets when they are logical extensions.
(xi) 
A designation of the proposed uses of land within the subdivision or development if the property is in the ETJ, and the current zoning for the land located within the city limits.
(xii) 
If the proposed subdivision is a portion of a tract which is later to be subdivided or developed in its entirety, then a tentative master plat of the entire subdivision or development shall be submitted with the plat of the portion first to be subdivided or developed. The master plat shall conform in all respects to the requirements of the plat; except, it may be on a scale of not more than one (1) inch to four hundred (400) feet.
(xiii) 
The proposed plan of improvements and utilities to be constructed in the subdivision shall be shown with indications of street widths and utility line sizes. The accurate location of any existing utilities within the subdivision shall be shown on the additional plat.
(xiv) 
A copy of any protective or restrictive covenants whereby the applicant(s) proposes to regulate land use and construction in the subdivision or development shall be attached to his or her plat. Residential subdivisions shall provide for appointment of a Home Owner’s Association with the authority to own and manage all common property and facilities that serve the project and for compliance with the city’s ordinances related to the project.
(xv) 
Commercial developments shall provide for appointment of property owner’s association or similar entity with the authority to own and manage all common property and facilities that serve the project and for compliance with the city’s ordinances related to the project.
(xvi) 
No development or construction work shall begin on the property being development prior to approval of a construction permit by the city engineer. Except as set out in subsection 18 [sic] all construction of public improvements shall be completed prior to approval of the final plat, development plat, or replat, as applicable.
(xvii) 
All survey monuments shall be shown on the plat.
(xviii) 
Certification by a surveyor, licensed by the State of Texas, or a professional engineer, registered in the State of Texas, placed on the plat as follows:
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 were properly placed, under my personal supervision, in accordance with the subdivision regulations of the City of Oak Leaf, Texas.
____________________
Seal
(xix) 
Certificate of approval by the city council (to be placed on a plat in a manner that will allow filling in of the certificate):
I hereby certify that the above and foregoing plat of the addition to the City of Oak Leaf, Texas, was approved by the City Council of the City of Oak Leaf on the _____ day of __________, 20_____.
Said addition shall be subject to all requirements of the subdivision ordinance of the City of Oak Leaf, Texas.
Witness my hand this _____ day of __________ 20_____.
____________________
City secretary
City council:
____________________
____________________
____________________
____________________
____________________
____________________
(xx) 
An instrument of dedication, signed and acknowledged by the owner or owners and by all other parties who have a mortgage or lien interest in the property, showing all restrictions, reservations, and/or easements, if any, to be imposed and reserved in connection with the addition. If public improvements will not be constructed prior to approval of the final plat, development plat or replat, such restrictions and draft plat notes shall contain the following provisions, along with any other restrictions which may be required or imposed:
(xxi) 
No house, dwelling unit or other structure shall be constructed on any lot or tract by the owner or any other person until:
a. 
Such time as the developer and/or owner has complied with all requirements of the City of Oak Leaf Code of Ordinances regarding design and construction of public improvements with respect to the entire development, or phase of the development, being platted and including the actual installation of on-site or off-site streets, utilities, and other public improvements necessary to serve the development or portion of the phase being platted; or
b. 
Unless and until an escrow deposit has been made, sufficient to cover the cost of design and construction of all public improvements, and an improvement or escrow agreement, as applicable, has been agreed to by the developer and/or owner, authorizing the city to use the escrow funds to make such improvements at prevailing private commercial rates, or have the same made by a contractor and paid for out of the escrow deposit. The city shall be authorized to use the escrow funds in the event that the developer and/or owner fail or refuse to construct and install the required public improvements within the time stated in such written agreement, or as provided in the construction permit, but in no case shall the city be obligated to make such improvements itself. If an escrow agreement is made and funds are deposited in the escrow, such funds may be used by the owner and/or developer as progress payments as the work progresses in making such improvements by making certified requisitions to the city engineer, or designee, supported by evidence of work done; or
c. 
Until the developer and/or owner files on a form provided by the city a corporate surety bond with the city secretary in a sum equal to the cost of design and construction of such improvements for the designated area, guaranteeing the installation thereof within the time stated in the bond, which time shall be fixed by the city council. Estimates of costs associated with design and construction of public improvements shall be prepared and sealed by a licensed engineer.
(xxii) 
These restrictions with respect to public improvements are made to ensure the installation of such improvements and to give notice to each owner and to each prospective owner of lots in the subdivision that no house, dwelling unit or other structure may be constructed until said improvements are actually made or provided for on the entire block on the street and/or streets on which the property abuts as described herein.
(xxiii) 
Certificate of dedication of all streets, alleys, easements and other land intended for public use, signed by the owner or owners and by all other parties who have a mortgage or lien interest in the property and acknowledged before a notary public.
(xxiv) 
A waiver of claim for damages against the city occasioned by the establishment of grades or the alteration of the surface of any portion of existing streets and alleys to conform to the grades established for the subdivision or development.
(3) 
Modification of applications prior to approval.
Except as otherwise provided herein, the applicant may modify any complete application following its filing and prior to the expiration of the period during which the city is required to act on the application.
(A) 
Modifications requested by the city.
If the modification is for revisions requested by the city, and the modification is received at least eleven (11) calendar days prior to the time scheduled for decision on the application, the application shall be decided within the original period for decision (from the original official filing date) prescribed by this subdivision ordinance, but in no event more than thirty (30) days from the official filing date.
(Ordinance 2020-16 adopted 12/8/20)
(a) 
Initiation by owner.
An application required under this subdivision ordinance may be initiated only by the owner of the land subject to the application, or by the owner’s duly authorized representative. If the applicant is a representative of the property owner, the application shall include a written and notarized statement from the property owner, authorizing the representative to file the application on the owner’s behalf.
(b) 
Applicability.
The procedures within this section shall apply to all applications that are required by the city and submitted in accordance with this subdivision ordinance.
(c) 
Determination of completeness.
Every application shall be subject to a determination of completeness by the planning and zoning administrator for processing the application. An application must be complete in order to be accepted for technical and substantive review by the city.
(1) 
The application shall only be accepted by the planning and zoning administrator for processing when it is accompanied by all documents required by, and prepared in accordance with, the requirements of this subdivision ordinance. A typographical error shall not, by itself, constitute an incomplete application.
(2) 
A determination of completeness shall not constitute a determination of compliance with the substantive requirements of this subdivision ordinance.
(3) 
A determination of completeness of an application shall be conducted in accordance with the following procedures:
(A) 
The applicant shall be notified in writing within five (5) business days if the submitted application is incomplete. Such notice shall be served by depositing it in the U.S. Postal Service, or by electronic mail transmission, before the fifth (5th) business day following submission of the application.
(B) 
If the application is determined to be incomplete, the notification shall specify the documents or other information needed to complete the application and shall state the date the application will expire if the documents or other information are not provided to the city.
(C) 
An application that is not completed within the deadlines provided in subsection (B) shall be deemed incomplete and shall be returned to the applicant as unfiled.
(4) 
It is not guaranteed that an accepted, complete application will be approved, if after the application is deemed complete it is determined that the proposed plan does not comply with this subdivision ordinance, other relevant requirements of the City’s Code or Ordinances, or the comprehensive plan.
(d) 
Re-submittal after notification of incompleteness.
If the application is re-submitted after it has been returned to the applicant due to its incompleteness, the application shall be processed upon receipt of the re-submittal. Previous filing fees shall not be refunded and new filing fees shall be required in conjunction with a resubmittal. An additional determination of completeness shall be made thereafter as described in section 9.01.007(c), determination of completeness. The statutory 30-day time frame for plat or plan approvals shall begin when the city deems the application complete as described in subsection (f), official filing date.
(e) 
Expiration of application.
(1) 
The application shall automatically expire at the close of business following the date of the deadline described in subsection (c)(3)(C) and it will be returned to the applicant together with any accompanying documents and materials, if:
(A) 
The city provides to the applicant, not later than the fifth (5th) business day after the date the application is filed, written notice that specifies the necessary documents or other information, and the date the application will expire if the documents or other information is not provided; and
(B) 
The applicant fails to provide the specified documents or other information necessary to comply with the city’s requirements relating to the application within the time provided in the notification.
(2) 
A complete application which fails to meet the requirements of this subdivision ordinance, as demonstrated by the applicant’s failure to sufficiently address any technical comments provided by the city staff, shall within 25 days from the official filing date, be placed with the planning and zoning administrator for decisions on applications that can be administratively approved or be placed on the planning and zoning commission agenda with a recommendation for denial for applications that require a decision by the planning and zoning commission.
(A) 
If the application is of a type that can be administratively approved or denied, the planning and zoning administrator shall notify the applicant in writing that the application is officially denied.
(B) 
If the application is of a type that must be acted upon by the planning and zoning commission and city council, the planning and zoning administrator shall coordinate the application being placed on the agenda of the planning and zoning commission, and subsequently the city council’s agenda, and the application may be denied, or may be approved, or approved subject to conditions by recommendation of the planning and zoning commission and official action of the city council.
(f) 
Official filing date.
The 30-day time period established by state law, and by this subdivision ordinance, for processing and deciding an application shall commence on the official filing date. The official filing date shall be defined as the date the application is filed, if the application becomes complete prior to the deadlines set out in subsection (c), determination of completeness. This 30-day time period shall allow the planning and zoning administrator and/or planning and zoning commission to review and act on the application. If official action is required by the city council, then a new 30-day time period shall begin for council action on the application.
(Ordinance 2020-16 adopted 12/8/20)
(a) 
Action by the city.
The city shall initiate internal review and assessment of the application following the city’s development review procedures. The city shall also, to the extent possible, work with the applicant by advising on and communicating revisions that may be necessary to bring the application into compliance with the city regulations in preparation for consideration by the city council. All technical comments to an application must be sufficiently addressed by the applicant to receive a recommendation for approval from the city staff to the planning and zoning administrator, planning and zoning commission and/or city council.
(b) 
Decision.
The planning and zoning administrator, the planning and zoning commission or the city council, as applicable, shall approve, approve with conditions, or deny the application within the time period prescribed by this subdivision ordinance and state law.
(c) 
Conditions attached.
The planning and zoning administrator, the planning and zoning commission or the city council, as applicable, shall be authorized to approve an application subject to certain conditions, which conditions are reasonably necessary to ensure compliance with all applicable requirements of this subdivision ordinance, the city’s zoning ordinance, the comprehensive plan and any other development requirements of the City’s Code of Ordinances.
(d) 
Notification of decision.
The city shall send written notice within seven (7) calendar days following the date of a decision on an application. If the decision is a denial of the application, or if the decision is to grant the application upon conditions, the notice shall state the reasons for the denial or the actions necessary to satisfy the conditions of approval. If the decision is an administrative decision, and the decision of the planning and zoning administrator is to deny the application, or to approve the application with conditions, the applicant may appeal the planning and zoning administrator’s decision to the planning and zoning commission if sufficient time remains for the planning and zoning commission to consider the appeal prior to the expiration of 30 days from the official filing date.
(Ordinance 2020-16 adopted 12/8/20)
(a) 
Setting the hearing.
When the city staff responsible for review of an application determines that an application is complete and that a Public Hearing is required by this subdivision ordinance or by state law, Staff shall cause notice of such hearing to be prepared and made in accordance with state law. The time set for the hearing shall conform to the time periods required by this subdivision ordinance and by state law and shall occur before the expiration of 30 days from official filing date.
(b) 
Conduct of the hearing.
The public hearing shall be conducted in accordance with state law. Any person may appear at the public hearing and submit evidence, either individually or as a representative of an organization. Each person who appears at a public hearing shall state his or her name and address, and if appearing on behalf of an organization, state the name of the organization for the record.
(c) 
Record or proceedings.
The planning and zoning commission and/or council conducting the hearing(s) shall record the proceedings using standard municipal record-keeping procedures.
(Ordinance 2020-16 adopted 12/8/20)
(a) 
Amendments/revisions to a pending application.
Unless another method is expressly provided by this subdivision ordinance, any request to amend or revise an application shall be considered a new application, which must be decided in accordance with the procedures and time restrictions governing the original application and the standards in effect at the time such new application is filed with the city, unless the amendment of the application is in response to questions or comments from the city staff responsible for review of the application, or is necessary to address conditions of approval, or is in response to the denial of the application by the planning and zoning administrator, planning and zoning commission or the city council, as applicable.
(b) 
Time of expiration.
Unless otherwise expressly provided by this subdivision ordinance, an approved application and associated permit shall automatically expire two (2) years following the approval date of the application, and shall become null and void, and all activities under the permit thereafter shall be deemed in violation of this subdivision ordinance, unless the applicant seeks a time extension prior to the expiration of the permit, plat or approval and such extension of time is granted by the planning and zoning administrator, the planning and zoning commission or the city council, as applicable. Provided however, that an approved final plat, development plat, replat or amended plat shall not expire so long as it has been recorded within 180 days of the date of approval.
(c) 
Effect of expiration.
Upon the expiration of an approved application, all previously approved applications for the same land shall also expire on the expiration date if the approved application or permit was required to avoid expiration for the previously approved applications(s). Thereafter, a new application must be submitted for consideration and approval subject to regulations in effect at the time the new applications is filed.
(Ordinance 2020-16 adopted 12/8/20)
(a) 
Application for establishment of chapter 245 rights.
The provisions of this section shall apply to any application for a permit or any other approval of a project for which an applicant desires to establish development rights under chapter 245 of the Texas Local Government Code. There are two basic types of chapter 245 determinations.
(1) 
The first type of chapter 245 determination involves a demonstration by the applicant that a project is vested with chapter 245 development rights because the original application for a permit gave the city fair notice of the project and of the nature of the permit being sought and neither a permit nor the project have expired.
(2) 
The second type of chapter 245 determination involves a demonstration by the applicant that a project or permit is entitled to be reviewed in accordance with the regulations of the city in effect on the date that the original application for the first permit in the series of permits was filed because progress toward the completion of the project has been made by the applicant even though the permit and/or project time limits have expired.
(3) 
An applicant, in order to establish development rights for a particular project, may need to demonstrate both Fair Notice of the project and that progress toward completion of the project has been made.
(b) 
Expiration of existing permits.
(1) 
Any permit that has an approval date that is prior to January 1, 2021 and that does not have an expiration date, and for which no progress had been made toward completion of the project as of January 1, 2023, is hereby deemed to have expired as of January 1, 2023, and shall no longer be considered valid.
(2) 
Any permit or approval that is not included in subsection (b)(1) above and that does not have an expiration date, and where no progress towards completion of the project has occurred shall expire on January 1, 2026.
(3) 
All other permits or approvals governed by the City’s Code of Ordinances shall expire two years from the date that the permit was approved unless progress towards completion of the project has occurred and been substantiated by sufficient evidence of such progress as required in subsection (d) below.
(c) 
Expiration of existing projects.
(1) 
Any project that does not have an expiration date and where no progress towards completion of the project has occurred shall expire on January 1, 2026, the fifth anniversary of the effective date of this ordinance.
(2) 
Any other project governed by the City’s Code of Ordinances shall expire on the fifth anniversary from the date that the first permit in the series of permits is approved, unless progress towards completion of the project has occurred and been substantiated by sufficient evidence of such progress as required in subsection (d) below.
(3) 
Any project governed by this Code of Ordinances shall expire on the fifth anniversary from the date of the issuance of any permit in the series of permits unless progress towards completion of the project has occurred and been substantiated by sufficient evidence of such progress as required in subsection (d) below.
(d) 
Applications for chapter 245 determination.
(1) 
An application related to a demonstration that the city has fair notice of the project shall be submitted in a form prescribed by the city and shall be initially reviewed for completeness to ensure that all required items are available for technical review purposes. The application shall state the proposed date of applicable rules for the first permit in the series of permits, and the applicant shall supply documentation in support of the request. The burden of proof is on the applicant to provide sufficient written information to substantiate a claim under this section. One or all of the following items may be considered as part of the fair notice documentation:
(A) 
Any of the documentation described in subsection (3) below.
(B) 
Documentation that clearly shows specific land uses, densities and intensities.
(C) 
Documentation that shows the layout of streets, public easements, parking areas and building footprints.
(D) 
Any other documentation that the applicant believes provides evidence of fair notice.
(2) 
Chapter 245 development rights shall only apply to the specified land uses, densities and intensities set forth in the fair notice documentation provided by the applicant. Any modification of the land uses, densities or intensities from those set out in the fair notice documentation shall be considered a new project subject to current city regulations.
(3) 
An application related to a demonstration that a permit or project has not expired because progress has been made toward completion of the project shall be submitted in a form prescribed by the city and shall be initially reviewed for completeness to ensure that all required items are available for technical review purposes. The application shall state the proposed date of applicable rules for the first permit in the series of permits and shall clearly describe each permit that has been issued and the date of approval for each subsequent permit. The applicant shall provide a statement in narrative form that describes the efforts that have been undertaken toward completion of the project and shall supply documentation in support of the request. The burden of proof is on the applicant to provide sufficient written information to substantiate a claim under this section. One or all of the following items may be considered:
(A) 
Copy of an application for a final plat or plan that was previously submitted to a regulatory agency;
(B) 
Proof that a good-faith attempt was previously made to file with a regulatory agency an application for a permit necessary to begin or continue towards completion of the project;
(C) 
Documentation of costs that have been incurred for developing the project including, without limitation, costs associated with roadway, utility, and other infrastructure facilities designed to serve, in whole or in part, the project (but exclusive of land acquisition) in the aggregate amount of five percent of the most recent appraised market value of the real property on which the project is located;
(D) 
Documentation of fiscal security posted with a regulatory agency to ensure performance of an obligation required by the regulatory agency; or
(E) 
Documentation of utility connection fees or impact fees for the project paid to a regulatory agency.
(4) 
The provisions of subsection (3) above shall only apply to the project and specified land uses, densities and intensities set forth in the permits that have been previously approved by the city. Any modification of the land uses, densities or intensities shall be considered a new project and subject to current city regulations.
(5) 
Any application for a chapter 245 determination that is not deemed complete by the city shall be rejected, and the applicant shall be notified in writing of the missing or incomplete items within 10 working days of the submission of the application. An incomplete application shall expire if the missing or incomplete items are not provided by the applicant within 45 days of the date of initial submission of the application.
(6) 
Each application shall be reviewed by the planning and zoning administrator, in consultation with the city attorney. Where the documentation submitted by the applicant is adequate to confirm a determination that rights exist under chapter 245, then the regulations in place at the time such rights vested shall be applied in the further review and processing of permits for the project.
(7) 
The planning and zoning administrator shall either confirm or deny the application within 45 days of the date of the receipt of a complete application.
(8) 
The applicant may appeal a final determination by the planning and zoning administrator under this section to the city council within 10 calendar days of the date of the planning and zoning administrator decision of the application.
(9) 
The city may enter into a consent agreement with the applicant that is intended to resolve a good-faith dispute concerning development rights and applicable regulations in order to avoid the cost and uncertainty of litigation to both parties.
(Ordinance 2020-16 adopted 12/8/20)
No building permit, or any water, sewer, plumbing or electrical permit, shall be issued by the city to the owner or any other person with respect to any property in any subdivision or development covered by this chapter and no certificate of occupancy will be issued or be valid unless and until:
(1) 
The developer and/or owner has complied with the requirements of this chapter and the final plat, development plat, amended plat or replat, as applicable, regarding all off-site or on-site improvements required to be constructed for the benefit of the subdivision, development or phase of the development which corresponds to the property that was platted; or
(2) 
An escrow deposit sufficient to pay for the cost of such improvements as determined by a registered professional engineer, for review and approval of the city engineer and/or mayor computed on a private commercial rate basis has been made with the city secretary accompanied by an agreement signed by the developer and/or owner authorizing the city to make such improvements at prevailing private commercial rates or have the same made by a private contractor and pay for the same out of the escrow deposit, should the developer and/or owner fail or refuse to install the required improvements within the time stated in such written agreement, but in no case shall the city be obligated to make such improvements itself. Such deposit may be used by the owner and/or developer as progress payments as the work progresses in making certified requisitions to the city secretary supported by evidence of work done; or
(3) 
The developer and/or owner files a corporate surety bond with the city secretary in a sum equal to the cost of such improvements for the designated area guaranteeing the installation thereof within the time stated in the bond, which time shall be fixed by the approved application or as otherwise provided herein.
(Ordinance 2020-16 adopted 12/8/20)
(a) 
Prior to a decision by the city council on a preliminary plat application, or if no preliminary plat application is required, on a final plat application, or any other application for which an exaction requirement is approved as a condition of approval, the city engineer shall prepare a written statement affirming that each exaction requirement to be imposed as a condition of plat approval or permit approval is roughly proportionate to the demand created by the subdivision or development on the applicable public facilities system of the city, taking into consideration the nature and extent of the development proposed. In making this determination, the city engineer may consider:
(1) 
Categorical findings of the North Central Texas Council of Governments in developing standard specifications for public infrastructure improvements;
(2) 
The proposed and potential use of the land;
(3) 
The timing and sequence of development in relation to availability of adequate levels of public facilities systems;
(4) 
Impact fee studies, traffic impact studies, drainage studies or other studies that measure the demand for services created by developments and the impact on the city’s public facilities system;
(5) 
The function of the public infrastructure improvements in serving the proposed subdivision or development;
(6) 
The degree to which public infrastructure improvements necessary to serve the proposed subdivision are supplied by other developments;
(7) 
The anticipated participation by the city in the costs of necessary public infrastructure improvements;
(8) 
The degree to which acceptable private infrastructure improvements to be constructed and maintained by the applicant will offset the need for public infrastructure improvements;
(9) 
Any reimbursements for the costs of public infrastructure improvements for which the proposed subdivision is eligible; and/or
(10) 
Any other information relating to the impacts created by the proposed subdivision or development on the city’s public facilities systems.
(b) 
Based upon the proportionality determination, the city engineer shall affirm that the exaction requirements of this chapter, or other ordinance requiring the permit, as applied to the proposed subdivision or development, do not impose costs on the applicant for public infrastructure improvements that exceed those roughly proportionate to the impact of the proposed subdivision or development.
(c) 
The city engineer may require that the applicant, at its expense, submit any information or studies that may assist in making the proportionality determination.
(Ordinance 2020-16 adopted 12/8/20)
(a) 
The planning and zoning commission and city council shall consider the city engineer’s report concerning the proportionality of the exaction requirements in making a decision on a plat application. The planning and zoning commission and city council may consider the city engineer’s report in granting a variance to the requirements of this chapter.
(b) 
The planning and zoning administrator or designee shall consider the city engineer’s report concerning the proportionality of the exaction requirements in making its decision as to whether to grant the permit when an exaction requirement is imposed as a condition of approval.
(Ordinance 2020-16 adopted 12/8/20)
(a) 
An applicant for a preliminary or final plat or for a permit which imposes an exaction requirement as a condition of approval may file an appeal to contest any proportionality determination, other than impact fees, imposed as a condition of approval or in which the failure to comply is grounds for denying the plat application pursuant to this chapter.
(b) 
The purpose of a proportionality appeal is to ensure that an exaction requirement imposed on a proposed plat or development as a condition of approval does not result in a disproportionate cost burden on the applicant, taking into consideration the nature and extent of the demands created by the proposed subdivision or development on the city’s public facilities systems.
(Ordinance 2020-16 adopted 12/8/20)
(a) 
An applicant for a preliminary or final plat or an applicant seeking approval for any other permit or zoning for which an exaction requirement is imposed shall file a written appeal with the planning and zoning administrator within ten days of the date the city council or the city official responsible for issuing the permit takes action applying the exaction requirement. This may include denial of the permit or plat. The applicant shall submit two copies of the appeal.
(b) 
A separate appeal form shall be submitted for each proportionality determination for which relief is sought. The planning and zoning administrator shall forward the appeal to the city council for consideration.
(c) 
The applicant may request postponement of consideration of the applicant’s plat application by the planning and zoning commission pending preparation of the study required by subsection (f) of this section, in which case the applicant shall also waive the statutory period for acting upon a plat for the time necessary for the city council to decide the appeal.
(d) 
No development agreement may be approved by the city until the time for appeal has expired or, if an appeal is filed, until the city council has made a determination with respect to the appeal.
(e) 
The appeal shall state the reasons that application of the exaction requirement is not roughly proportional to the nature and extent of the impact created by the proposed subdivision or development on the city’s public facilities systems and does not reasonably benefit the proposed subdivision or development.
(f) 
The appellant shall submit to the planning and zoning administrator ten (10) copies of a study in support of the appeal that includes, with respect to each specific proportionality determination appealed, the following information within thirty (30) days of the date of appeal, unless a longer time is requested:
(1) 
Total capacity of the city’s water, wastewater, roadway, drainage, or park system, as applicable, to be utilized by the proposed subdivision or development, employing standard measures of capacity and equivalency tables relating the type of development proposed to the quantity of system capacity to be consumed by the subdivision. If the proposed subdivision is to be developed in phases, such information also shall be provided for the entire development, including any phases already developed;
(2) 
Total capacity to be supplied to the city’s public facilities systems for water, wastewater, roadway, drainage or parks, as applicable, by the exaction requirement. This information shall include any capacity supplied by prior exaction requirements imposed on the development;
(3) 
Comparison of the capacity of the applicable city public facilities systems to be consumed by the proposed subdivision or development with the capacity to be supplied to such systems by the proposed exaction requirement. In making this comparison, the impacts on the city’s public facilities systems from the entire subdivision or development shall be considered;
(4) 
The amount of any city participation in the costs of oversizing the public infrastructure improvements to be constructed by the applicant in accordance with the city’s requirements;
(5) 
Comparison of the minimum size and capacity required by city standards for the applicable public facilities systems to be utilized by the proposed subdivision or development with the size and capacity to be supplied by the proposed exaction requirement; and
(6) 
Any other information that shows the alleged disproportionality between the impacts created by the proposed development and the exaction requirement imposed by the city.
(g) 
The city engineer shall evaluate the appeal and supporting study and shall make a recommendation to the city council based upon the city engineer’s analysis of the information contained in the study and utilizing the same factors considered by the engineer in making the original proportionality determination.
(Ordinance 2020-16 adopted 12/8/20)
(a) 
The city council shall decide the appeal within 30 days of the date of final submission of any evidence by the applicant. Upon receipt of the final submission of evidence from the applicant, the city secretary shall schedule a time and date for the city council to consider the appeal and shall cause the applicant to be notified at the address specified in the appeal form of the time, date and location at which the city council shall consider the appeal.
(b) 
The applicant shall be allowed time to present testimony at the city council meeting. The council shall base its decision on the criteria listed in sections 9.01.012 and 9.01.015 and may:
(1) 
Deny the appeal and impose the proportionality determination in accordance with the city engineer’s recommendation or the planning and zoning commission’s decision on the plat or other development application;
(2) 
Grant the appeal, and waive in whole or in part a proportionality determination to the extent necessary to achieve proportionality; or
(3) 
Grant the appeal, and direct that the city participates in the costs of acquiring land for or constructing the public infrastructure improvement.
(c) 
In deciding an appeal, the city council shall determine whether application of the proportionality determination is roughly proportional to the nature and extent of the impact created by the proposed subdivision on the city’s public facilities systems for water, wastewater, roadway, drainage, or park facilities, as applicable, and reasonably benefits the subdivision. In making such determination, the council shall consider:
(1) 
The evidence submitted by the applicant;
(2) 
The city engineer’s report and recommendation, considering in particular the factors identified in sections 9.01.013(a) and 9.01.015(f) [9.01.016(f)]; and
(3) 
If the property is located within the city’s extraterritorial jurisdiction (ETJ), any recommendations from the county.
(4) 
The city council may require the applicant or the city engineer to submit additional information that it deems relevant in making its decision.
(Ordinance 2020-16 adopted 12/8/20)
(a) 
If the city council finds in favor of the applicant and waives the proportionality determination as a condition of plat approval or modifies the proportionality determination to the extent necessary to achieve rough proportionality, the applicant shall resubmit the plat application to the city without incurring an additional plat application fee. The resubmittal shall include any modifications necessary to conform the plat to the city council’s decision. The applicant shall not be deemed to have prevailed in the event that the city council modifies the exaction requirement.
(b) 
If the city council finds in favor of an applicant and waives the proportionality determination as a condition of plat approval, or modifies the proportionality determination to the extent necessary to achieve rough proportionality, and a permit application has previously been submitted, the applicant shall also resubmit a permit application to the planning and zoning administrator within 30 days of the date the city council takes action, with any modifications necessary to conform the application with the city council’s decision. Failure to do so will result in the denial of the existing or non-compliant permit.
(c) 
If the city council finds in favor of an applicant for any other permit and waives the proportionality determination as a condition of permit approval, or modifies the proportionality determination to the extent necessary to achieve rough proportionality, the applicant shall also resubmit a permit application to the planning and zoning administrator within 30 days of the date the city council takes action, with any modifications necessary to conform the application with the city council’s decision. Failure to do so will result in the denial of the existing or non-compliant permit.
(d) 
If the city council denies the appeal and the applicant has executed a waiver of the statutory period for acting upon a plat, the city shall place the plat application on the agenda of the planning and zoning commission within 30 days of the city council’s decision.
(e) 
If the rough proportionality appeal was submitted appealing the imposition of a proportionality determination for a plat application, and city council grants relief to an applicant but the applicant fails to conform the plat to the city council’s decision within the 30-day period provided, the relief granted by the city council on the appeal shall expire.
(f) 
If the plat application is modified to increase the number of residential dwelling units or the intensity of nonresidential uses, the planning and zoning administrator or designee may require a new study to validate the relief granted by the city council.
(g) 
If the plat application for which relief was granted is denied on other grounds, a new appeal shall be required on any subsequent application.
(Ordinance 2020-16 adopted 12/8/20)
An applicant may appeal the decision of the city council to the county or district court of the county in which the development is located within thirty (30) days of the date that the council issues its final decision. In the event that the applicant prevails in such action, the applicant will be entitled to attorneys’ fees and costs, including expert witness fees.
(Ordinance 2020-16 adopted 12/8/20)
(a) 
The applicant shall be responsible for the construction of oversize or off-site access, utilities, drainage, and other improvements necessary for his or her subdivision unless other provisions are approved by the city council. Provisions for reimbursement of costs in excess of those necessary to serve the subdivision and any other provisions, shall be made a part of a developer’s improvement agreement. For a period of five years following the filing of the final plat, subsequent subdivisions utilizing such facilities shall pay any cost due prior developers as the use by the new subdivision bears to the amount due. Such prorated amounts will be made a part of any subsequent developer’s improvement agreement and collected by the city and repaid to the original developer making such improvements, not to exceed his or her actual share of the cost incurred.
(b) 
All such reimbursements or pro-rations shall be based on the actual cost of the improvements at the time of their construction. The original developer applicant shall therefore provide the city with acceptable documentation of actual construction costs from which calculation of reimbursable amounts will be made for inclusion in the developer’s contract.
(Ordinance 2020-16 adopted 12/8/20)
Any person, firm, entity or corporation who violates any provision of this chapter shall be deemed guilty of a misdemeanor, and upon conviction therefore, shall be fined not more than two thousand dollars ($2,000.00). Each continuing day’s violation shall constitute a separate offense. The penal provisions imposed under this ordinance shall not preclude the city from filing suit to enjoin the violation. The city retains all legal rights and remedies available to it pursuant to local, state and federal law.
(Ordinance 2020-16 adopted 12/8/20)