(a) 
Types of plats required.
(1) 
A plat shall be approved prior to any land division or development that is subject to these regulations.
(2) 
A replat in accordance with state law and the provisions of section 9.02.008 replats and amending plats - general requirements and section 9.02.009 replats shall be required any time a platted, recorded lot is further divided or expanded, thereby changing the boundary and dimensions of the property. In the case of minor revisions to recorded plats, a minor plat or amending plat may also be utilized if allowed by state law and if in accordance with section 9.02.007 minor plats and section 9.02.008 replats and amending plats - general requirements and section 9.02.010 amending plats respectively.
(b) 
Exemptions.
The following land divisions are exempt from the requirements of this subdivision ordinance that apply to plats:
(1) 
Use of existing cemeteries complying with all state and local laws and regulations; and
(2) 
A division of land created by order of a court of competent jurisdiction, provided however, that prior to construction of improvements, a final plat or development plat meeting the requirements of this subdivision ordinance shall be approved and recorded prior to the issuance of any additional development permits.
(c) 
Zoning.
Inside the city limits, the following shall apply:
(1) 
Conformance with existing zoning.
All applications shall be in conformance with the existing zoning of the property.
(2) 
Request to rezone first.
If an applicant seeks to amend the zoning for the property, the request to rezone the land shall be submitted and approved prior to acceptance of an application for filing unless as otherwise provided below.
(A) 
The applicant may request approval from the city to submit an application simultaneously with the zoning change request, in which case the application for the zoning amendment shall be acted upon concurrently with the application for review of the plat.
(B) 
In the event that the requested zoning amendment is denied, the application shall also be rejected or denied.
(3) 
Site plan approval/preliminary plat.
Where site plan approval is required by the city, no building permits shall be issued until all site plan requirements are constructed, inspected and approved in accordance with the site plan approval. Except as provided in subsection (d) below, no application for a final plat shall be accepted for filing until a preliminary plat has been approved for the land subject to the proposed plat.
(d) 
General stages of plat approval and staff review.
(1) 
Two-stage process.
The platting process typically involves two approval stages: Submission and approval of a preliminary plat, and a subsequent submission and approval of a final plat. However:
(A) 
An applicant may proceed with a final plat without an approved preliminary plat whenever:
(i) 
A minor plat is submitted; or
(ii) 
A site plan for the development is submitted and approved in accordance with the zoning ordinance.
(B) 
An applicant may submit a preliminary plat and a final plat simultaneously if appropriate fiscal security is submitted along with the application.
(2) 
Review by the planning and zoning administrator.
Unless otherwise specified under the regulations for a specific type of plat, the planning and zoning administrator shall be responsible for completeness review and technical review of all plat and plan applications required by this subdivision ordinance and any other applicable ordinances of the city.
(Ordinance 2020-16 adopted 12/8/20)
(a) 
Purpose.
The purpose of a preliminary plat or preliminary development plat shall be to determine the general layout of the subdivision or development, the adequacy of public facilities needed to serve the intended development, and the overall compliance of the land division or development with applicable requirements of this subdivision ordinance.
(b) 
Exceptions.
(1) 
A preliminary plat is not required for a minor plat, amended plat or replat. When a development plat is sought, the applicant shall submit a preliminary development plat which meets the requirements applicable to a preliminary plat prior to submittal of the development plat application.
(2) 
A final plat in accordance with section [9.02.003], along with construction plans in accordance with section 9.03.001, may be submitted in lieu of a preliminary plat if an improvement agreement and appropriate fiscal security is submitted along with the application.
(c) 
Accompanying applications.
(1) 
An application for a preliminary plat or preliminary development plat shall be accompanied by a preliminary drainage plan, a preliminary utility plan, and other plans if deemed necessary for thorough review by the city engineer. However, approval of each shall be separate and in accordance with this section 9.02.002 preliminary plats with section 9.03.001 construction plans.
(2) 
The applicant shall furnish with the application to the city a current title commitment issued by a title insurance company authorized to do business in Texas, a title opinion letter from an attorney licensed to practice in Texas, or some other acceptable proof of ownership, identifying all persons having an ownership interest in the property subject to the preliminary plat or preliminary development plat.
(d) 
Action by planning and zoning administrator, planning and zoning commission or city council.
(1) 
Approvals of plat applications.
(A) 
Pursuant to state law, and except as provided in subsection (C) below, all platting applications must be processed and approved, approved with conditions or disapproved within 30 days of the official filing date.
(B) 
This 30-day requirement applies to each step in the platting process, except for the pre-application meeting.
(C) 
Notwithstanding, the parties may extend the 30-day period for an additional period, not to exceed 30 days, if the applicant requests the extension in writing to the planning and zoning administrator, planning and zoning commission or city council, as applicable, for the approval of the application and the planning and zoning administrator, planning and zoning commission or city council agrees to the extension request.
(D) 
If a platting application is not approved, approved with conditions or disapproved within these time frames, the application shall be deemed approved by operation of law.
(E) 
The planning and zoning administrator, planning and zoning commission or the city council, as applicable, which conditionally approves or disapproves a platting application shall provide the applicant with a written statement of the conditions of the conditional approval or the reasons for the disapproval.
(F) 
Each condition or reason specified in the written statement must be directly related to the requirements set out in state law, federal law, the comprehensive plan, or the City’s Code of Ordinances and include a citation to the section(s) of such laws or plans that is the basis for the conditional approval or the disapproval and may not be arbitrary.
(G) 
Applicant’s response to conditional approval or disapproval:
(i) 
After the conditional approval or disapproval of an application related to the platting process, the applicant may submit to the planning and zoning administrator, planning and zoning commission or the city council a written response that satisfies each condition for the conditional approval or remedies each reason for the denial or disapproval.
(ii) 
The planning and zoning administrator, planning and zoning commission or the city council, as applicable, may not establish a deadline for an applicant to submit the response.
(iii) 
If a response from the applicant to the conditioned approval or disapproval is received by the planning and zoning administrator, planning and zoning commission or the city council, as applicable, the decision maker shall have 15 days after the response is received to approve, approve with conditions or disapprove the application as revised by the applicant’s response. If the planning and zoning administrator, planning and zoning commission or the city council, as applicable, does not approve the application with conditions or disapprove the application prior to the expiration of the 15-day period, the application is deemed approved by operation of law.
(iv) 
If the applicant’s response is deficient in meeting the conditions of the conditional approval or the disapproval, the planning and zoning administrator, planning and zoning commission or the city council, as applicable, shall provide a written statement to the applicant and follow the same response requirements set out above. Conditional approval or disapproval is limited to the specific conditions or reasons provided to the applicant in the written statement prepare by the planning and zoning administrator, planning and zoning commission or city council, as applicable.
(e) 
Criteria for approval.
The following criteria shall be used by the planning and zoning administrator, planning and zoning commission or the city council, as applicable, to determine whether the application for a plat shall be approved, approved with conditions, or denied if:
(1) 
It conforms to the comprehensive plan of the city and its current and future plans for streets, alleys, parks, playgrounds, and public utility facilities; and
(2) 
It conforms to the general plan for the extension of the city’s roads, streets, and public highways within the municipality and in its extraterritorial jurisdiction, taking into account access to and extension of sewer and water mains and the instrumentalities of public utilities; and
(3) 
It conforms to the requirements set out in this subdivision ordinance and any other provisions of the City’s Code of Ordinances, or manuals, referenced in this subdivision ordinance, or any other provisions of the City’s Code of Ordinances and applicable to the extension of city streets or alleys, water, wastewater or other utilities and construction of public improvements necessary to serve the development contemplated by the plat application.
(f) 
Effect of approval.
The approval of a preliminary plat or preliminary development plat shall allow the applicant to proceed with the development and platting process by submitting construction plans and a final plat or development plat. Approval of the preliminary plat or preliminary development plat shall be deemed general approval of the subdivision’s layout only and shall not constitute approval or acceptance of construction plans or a final plat.
(g) 
Appeal of the decision on a preliminary plat application.
Refer to section 9.02.012 plat appeals.
(h) 
Expiration.
(1) 
Two-year validity.
The approval of a preliminary plat or preliminary development plat shall remain in effect for a period of two (2) years following the date of approval, during which period the applicant shall submit and receive approval of a final plat or development plan and construction plans for the land area shown on the preliminary plat or preliminary development plat. If a final plat, development plat, and a construction plan have not been approved within the two (2) year period, the preliminary plat or preliminary development plat shall expire.
(2) 
Phased developments - partial final plat and construction plan.
If a final plat and a construction plan for only a portion of the land area shown on the preliminary plat are approved by the end of the two (2) year period, the preliminary plat for the remainder of the land not included on the final plat and construction plan shall expire on such date. Provided however, that if a master plan is approved for development of the property in phases, the preliminary plat shall not expire except in accordance with the master plan.
(3) 
Void if not extended.
If the preliminary plat is not extended as provided in subsection (i) extension, it shall expire and shall become null and void.
(i) 
Extension.
Preliminary plat may be extended for a period not to exceed one (1) year beyond the preliminary plat’s expiration date. A request for extension shall be submitted to the city staff in writing at least thirty (30) calendar days prior to expiration of the preliminary plat and shall include reasons why the preliminary plat should be extended.
(1) 
Decision by the planning and zoning commission.
The planning and zoning commission will review the extension request and shall approve it, approve it with conditions, or deny the extension request within thirty (30) calendar days following the official filing date of the request.
(2) 
Considerations.
In considering an extension, the planning and zoning commission shall consider whether the following conditions exist:
(A) 
A final plat or development plat has been submitted and/or approved for any portion of the property shown on the preliminary plat;
(B) 
Construction plans have been submitted and/or approved for any portion of the property shown on the preliminary plat or development plat;
(C) 
Construction is occurring on the subject property;
(D) 
The preliminary plat or preliminary development plat complies with new ordinances that impact the health, safety and general welfare of the community;
(3) 
Conditions.
In granting an extension, planning and zoning commission may impose such conditions as are needed to ensure that the land will be developed in a timely fashion and that the public interest is served. Any extension may be predicated upon compliance with new development regulations and/or the applicant waiving any vested rights.
(j) 
Amendments to preliminary plat following approval.
(1) 
Minor amendments.
Minor amendments to the design of the subdivision or development subject to an approved preliminary plat or preliminary development plat may be incorporated in an application for approval of a final plat or development plat, as applicable, without the necessity of filing a new application for re-approval of a preliminary plat or preliminary development plat. Minor amendments may only include minor adjustments in street or alley alignments, lengths and paving details, and minor adjustments to lot lines that do not result in creation of additional lots or any non-conforming lots (as to zoning standards), provided that such amendments are consistent with applicable approved prior applications.
(2) 
Major amendments.
All other proposed changes to the design of the subdivision or development subject to an approved preliminary plat or preliminary development plat shall be deemed major amendments that require submittal and approval of a new application for approval of a preliminary plat or preliminary development plat (including new fees, new review, new official filing date, etc.) before approval of construction plat and/or a final plat or development plat.
(3) 
Determination.
The planning and zoning administrator shall make a determination whether proposed amendments are deemed to be minor or major, thereby requiring new submittal of an application.
(k) 
Large lots and tracts.
If the lots or tracts of land in a proposed development are large enough to suggest possible further subdivision in the future, or if portions of the property are not subdivided or developed immediately, the preliminary plat shall show how such large tracts or remainder portions of the property can be subdivided into conforming lots at a later time and shall also show how streets can be extended and how median openings can be aligned and shared in the future.
(Ordinance 2020-16 adopted 12/8/20)
(a) 
Purpose.
The purpose of a final plat is to ensure that the proposed subdivision and development of the land is consistent with all standards of this subdivision ordinance and other ordinances pertaining to the land use regulations, the adequacy of public facilities, that public improvements to serve the subdivision or development have been installed and accepted by the city or that provision for such installation has been made, that all other requirements and conditions have been satisfied or provided for to allow the final plat to be recorded.
(b) 
Exceptions.
A final plat is not required when a minor plat is submitted.
(c) 
Ownership.
(1) 
The applicant shall furnish to the city a current title commitment issued by a title insurance company authorized to do business in Texas, a title opinion letter from an attorney licensed to practice in Texas, or some other acceptable proof of ownership, identifying all persons having an ownership interest in the property subject to the final plat or development plat.
(2) 
The final plat shall be signed by each owner, or by the representative of the owners authorized to sign legal documents for the owners, effectively denoting that they are consenting to the platting of the property and the dedications and covenants that may be contained in the final plat or development plat. Such consent shall be subject to review and approval by the city attorney, and the applicant shall reimburse the city for all related legal costs for the review. This reimbursement shall be paid in full prior to recording of the final plat or development plat.
(d) 
Complete applications for final plats and development plats in the extraterritorial jurisdiction (ETJ).
Where the land to be platted lies within the ETJ of the city in a county with which the city has entered in an Interlocal Agreement under Texas Local Government Code, chapter 242, a complete application shall be submitted to the city.
(e) 
Accompanying applications.
An application for a final plat or development plat may be accompanied by construction plans if also accompanied by an improvement agreement and appropriate fiscal security, in accordance with section 9.03.004 improvement agreements and security for completion. However, approval of each shall be separate and in accordance with this section for final plats or development plat and in accordance with section 9.03.001 construction plans.
(f) 
Prior approved preliminary plat or preliminary development plat.
The final plat, or development plat, as applicable, and all accompanying data shall conform to the preliminary plat or preliminary development plat as approved by the planning and zoning commission, or as the preliminary plat or development plat may have been amended subsequently, if applicable, incorporating all conditions imposed or required by the planning and zoning commission, if applicable.
(g) 
Procedures for recordation upon approval.
The applicant shall supply to the planning and zoning administrator the required number of signed and executed copies of the final plat or development plat that will be needed to record the plat, upon approval, with Ellis County (in the county’s required format) at least five (5) calendar days prior to the city council meeting at which it will be considered for approval.
(1) 
General.
(A) 
Signatures.
After approval of the final plat or development plat, the director shall procure the appropriate city signatures on the final plat or development plat.
(B) 
Recording upon performance.
(i) 
The final plat or development plat is approved by the city;
(ii) 
All required public improvements have been completed and accepted by the city (or an improvement agreement has been executed and appropriate fiscal security provided in accordance with section 9.03.004 improvement agreements and security for completion;
(iii) 
All county filing requirements are met, if applicable.
(2) 
Submittal of final plat or development plat after improvements installed.
If public improvements are to be constructed or installed prior to approval of the final plat or development plat, the developer or owner shall be required to apply for and obtain approval of a construction plan encompassing all such public improvements and to complete construction of same, subject to, inspection and acceptance by the city prior to approval and recording of the final plat or development plat. Construction plans shall be submitted and considered for approval in accordance with article 9.03 construction plans and procedures.
(3) 
Submittal of final plat or development plat where improvements are installed or constructed after approval of the final plat or development plat.
(4) 
Where some of or all required public improvements are not constructed prior to an application and approval of a final plat, or development plat, the applicant shall be required as a condition of plat approval to enter into an improvement agreement and post fiscal security guaranteeing that the public improvements will be constructed in accordance with section 9.03.004 improvement agreements and security for completion and the developer or owner shall be required to apply for and obtain approval for construction plans in accordance with article 9.03 construction plans and procedures.
(5) 
Update of proof of ownership.
If there has been any change in ownership since the time of the proof of ownership was provided under subsection (c) ownership, the applicant shall submit a new consent agreement executed by each owner consenting to the platting of the property and the dedications and covenants contained in the plat. The title commitment or title opinion letter and consent agreement shall be subject to review and approval by the city attorney, and the applicant shall reimburse the city for all related costs for review. This reimbursement shall be paid in full prior to filing of the final plat.
(h) 
Effect of approval.
The approval of the final plat or development plat:
(1) 
Supersedes any prior approved preliminary plat or preliminary development plat for the same land.
(2) 
Authorizes the applicant to install or construct any improvements in public rights-of-way and to begin site development in conformance with approved construction plans and under an improvement agreement, as applicable,[.]
(3) 
Authorizes the applicant to seek issuance of a building permit if all public improvements have been constructed that are necessary to support the development approved in the final plat or development plat.
(i) 
Revisions following recording/recordation.
Revisions to a final plat or development plat may only be processed and approved as a replat or amending plat, as applicable.
(Ordinance 2020-16 adopted 12/8/20)
(a) 
Purpose.
The purpose of the construction plan is to ensure that the proposed development of the land is consistent with all standards of this subdivision ordinance and all city ordinances including those governing drainage, paving, utilities, stormwater facilities and roadways.
(b) 
Applicability.
The construction plan shall be required for any proposed subdivision or development of land within the corporate boundaries and ETJ of the city which includes construction of public improvements.
(c) 
Application procedures and action by the city engineer.
The construction plan application shall be processed and considered for approval in accordance with the procedures and deadlines set out herein. Completeness review and deadlines shall be processed in accordance with section 9.01.007. Action by the city shall be conducted in accordance with the criteria set out herein and shall include the layouts and engineering plans required for construction of public improvements, extension of public roads and connections to city utilities, which plans have been submitted by the applicant for review by the city engineer.
(d) 
General approval.
The approval of the construction plans by the city council shall authorize the planning and zoning administrator to issue the construction permit to the developer or owner which authorizes construction of the public improvements in accordance with the approved construction plans.
(e) 
Floodplain requirement.
Construction plans shall depict the FEMA designated 100-year floodplain boundary and finished floor elevations shall be required a minimum of three feet above the calculated 100-year floodplain.
(f) 
Initiation of construction work.
Site development and construction of improvements shall not be initiated prior to the approval of the construction plans and issuance of the construction permit. Additionally, the applicant shall provide copies of letters from applicable utility providers stating that each utility provider has reviewed the construction plans and specified any requirements, including easements, they may have.
(g) 
Appeal of city engineer construction permit decision.
The applicant may appeal a decision of the city engineer related to construction permits to the city council within ten (10) calendar days of the decision. The request for review shall be submitted in writing to the planning and zoning administrator who shall place the item on the council agenda. The decision of the city council shall be final.
(Ordinance 2020-16 adopted 12/8/20)
(a) 
Purpose.
The purpose of a development plat is to ensure that the proposed development of the land is consistent with all standards of this subdivision ordinance.
(b) 
Applicability.
A development plat shall be required for property located within the corporate boundaries and ETJ of the city under the following conditions:
(1) 
The development of any property to be used for commercial or multifamily purposes that requires approval of a site plan under the city’s zoning ordinance and which is not proposed to be divided into two or more tracts for sale or development. This requirement does not apply to any property for which a site plan was approved prior to the effective date of these subdivision regulations, which site plan remains in effect and for which no amendment is proposed; or
(2) 
Development of any property, where no division of such property into two or more parts is intended.
(c) 
Exemptions.
A development plat is not required for the following developments:
(1) 
Total building area in the development does not exceed four-hundred (400) square feet in area, or;
(2) 
Where the development does not require, as determined by the city engineer, any additional public improvements, additional public access, right-of-way, utility or drainage easement or covenants and no subdivision of land is proposed.
(d) 
Application procedures and action by the planning and zoning commission/council.
(1) 
The development plat application shall be processed and considered for approval in accordance with the procedures and deadlines set out in section 9.01.007. Action by the planning and zoning commission or city council, as applicable, shall be conducted in accordance with the criteria set out in this subdivision ordinance.
(2) 
The applicant may choose to construct public improvements prior to approval of the development plat or after approval of the development plat as described herein.
(Ordinance 2020-16 adopted 12/8/20)
(a) 
Purpose.
The purpose of the conveyance plat is to subdivide land and to provide recordation of same, for the purpose of conveying (i.e., selling) the property without developing it. A conveyance plat may be used to convey the property or interests therein; however, a conveyance plat does not constitute approval for any type of development on the property. An application for a conveyance plat shall not be considered an application for a permit nor the commencement of a project under chapter 245 of the Texas Local Government Code.
(b) 
Applicability.
A conveyance plat may be used in lieu of a final plat to record the subdivision of property in the following instances:
(1) 
To record the remainder of a tract that is larger than five (5) acres, and that is created by the final platting of a portion of the property, provided that the remainder is not intended for immediate development.
(2) 
To record the subdivision of property into parcels, five (5) acres or smaller in size, that are not intended for immediate development, provided all lots have access to a public street and all other required public improvements and utilities exist to the city’s current standards prior to approval and minimum frontage requirements are met.
(c) 
Review.
Unless otherwise specified within this section for specific requirements for a conveyance plat, a conveyance plat shall be processed and approved using the same timing and procedures, including recordation, as specified for a final plat.
(d) 
Subsequent filing of a final plat.
No final plat processed and approved in association with a conveyance plat shall be filed without the concurrent or prior filing of the associated approved conveyance plat for any remainder of the subject property.
(e) 
Conveyance plat requirements.
(1) 
No building or development permits shall be issued nor utility service provided, except for utility service already provided to the property, in conjunction with approval of a conveyance plat.; a final plat must be applied for and approved prior to issuance of any building or development permits and for utility service.
(2) 
A conveyance plat must be vacated and replaced by approval of a final plat or development plat meeting the requirements of this subdivision ordinance in order to authorize development of the property.
(f) 
[Reserved]
(g) 
Access.
All lots created by a conveyance plat shall have frontage and access to an existing public street.
(h) 
Effect of approval.
The approval of a conveyance plat authorizes conveyance of the lot(s) created thereon but does not authorized any type of development on the property. The applicant and future owner(s) of the property remain obligated to comply with all provisions of this subdivision ordinance upon future development of the property including, but not limited to, all requirements for platting, required public improvements, utility extensions, street improvements or assessments, right-of-way and easement dedications, and all other requirements of this subdivision ordinance as they exist at the time of application for development is submitted to the city. Plat notes shall be required which clearly describe the limitations on development imposed on the property, the limitation of utility extensions to the property, the need for future vacation of the conveyance plat and the need for subsequent approval of a final plat or development plat in order to develop the property and that future subdivision approval will be reviewed conducted in accordance with the city’s subdivision ordinance in effect at the time of the new plat application.
(Ordinance 2020-16 adopted 12/8/20)
(a) 
Purpose.
The purpose of a minor plat is to simplify division of land under certain circumstances outlined in state law.
(b) 
Applicability.
An application for approval of a minor plat may be filed only in accordance with state law, when all of the following circumstances apply:
(1) 
The proposed division results in fewer than four (4) lots; and
(2) 
All lots in the proposed subdivision front onto an existing public street and the construction or extension of a street is not required to meet the requirements of this subdivision ordinance; and
(3) 
Except for right-of-way widening and public utility easements, the property does not require construction of any public improvements to comply with the development requirements of the subdivision ordinance.
(c) 
Application requirements.
An application for a minor plat shall be processed and considered for approval in accordance with the procedures and deadlines set out in section 9.01.007. The requirements for the submittal of a minor plat shall be the same as the requirements for a final plat, as described in section 9.02.003 final plats. However, since construction of public improvements are not applicable to a minor plat, the applicant is not required to obtain approval of construction plans.
(d) 
Administrative review and approval by planning and zoning administrator.
Minor plats shall be reviewed and approved administratively by the planning and zoning administrator.
(e) 
Appeal to the planning and zoning commission.
Upon the planning and zoning administrator’s denial of a minor plat or upon approval of minor plat with conditions that are not acceptable to the applicant, the applicant may appeal the decision of the planning and zoning administrator to the planning and zoning commission in accordance with the procedures set out herein.
(f) 
Criteria for approval.
(1) 
The criteria for approval shall be the same criteria as that described in section 9.02.002(e) together with the following: All lots to be created by the plat already are adequately served by improved public street access and by all required city utilities and services, if applicable;
(2) 
The ownership, maintenance and allowed use of all designated easements have been stated on the minor plat; and
(3) 
Except for right-of-way widening and easements, the property being platted does not require the extension or construction of any public improvements necessary to support the development of the property.
(g) 
Procedures for recordation following approval.
The procedures for recordation of a minor plat shall be the same as the procedures for recordation of a final plat, as described in section 9.02.003 final plats.
(h) 
Revisions following approval.
Revisions may only be processed and approved as a replat or amending plat, as applicable.
(Ordinance 2020-16 adopted 12/8/20)
(a) 
Applicability and terminology.
(1) 
The procedures outlined in this section and subsequent section 9.02.009 replats, section 9.02.010 amending plats and section 9.02.011 plat vacation shall apply only if a property owner seeks to change any portion of a plat that has been filed of record with Ellis County.
(2) 
The term “replat” includes changes to a recorded final plat, whether the change is affected by replatting without vacation or by replatting by vacating the recorded plat and approving a new application. The term “amended plat” refers to plat amendments authorized by state law.
(3) 
An application for a replat or amended plat shall be processed and considered for approval in accordance with the procedures and deadlines set out in section 9.01.007.
(b) 
City action required.
Except as otherwise provided herein, major replats shall be subject to approval by the planning and zoning commission and city council, and any minor replat or amended plat shall be subject to administrative approval of the planning and zoning administrator.
(c) 
Construction management.
If the subdivision is replatted and requires construction of additional improvements, the provisions of article 9.03 construction plans and procedures shall apply. If the subdivision as replatted does not require any appreciable alteration or improvement of utility installations, streets, building setback lines, etc., then no construction plans shall be required.
(d) 
Application and approval procedures.
Unless otherwise specified, application requirements and all related procedures and approvals, including recordation, for a replat or amending plat shall be the same as specified for a final plat, as described in section 9.02.003 final plats.
(Ordinance 2020-16 adopted 12/8/20)
(a) 
Purpose and applicability.
A replat of all or portion of a recorded plat may be approved in accordance with state law without vacation of the recorded 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; and
(3) 
Does not propose to amend or remove any covenants or restrictions previously incorporated in the recorded plat.
(b) 
General notice and hearing requirements.
Published notice of the public hearing on the replat application shall be given in accordance with section 9.01.009 public hearing and state law, if applicable. The public hearing shall be conducted by the planning and zoning commission, and subsequently by the city council.
(c) 
Partial replat application.
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 are being changed along with a detailed “purpose for replat” statement.
(d) 
Special replat requirements.
(1) 
Applicability.
A replat without vacation of the preceding plat, in accordance with state law, must conform to the requirements of this subsection (d) if:
(A) 
During the preceding five (5) 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 (2) residential units per lot; or
(B) 
Any lot in the preceding plat was limited by deed restrictions to residential use for not more than two (2) residential units per lot.
(2) 
Exception.
The requirements of this section shall not apply to any approval of a replat application for a portion of a recorded plat if all of the proposed area sought to be replatted was designated or reserved for usage other than for single-family residential usage. Such designation must be noted on the recorded plat or in the legally recorded restriction applicable to such plat.
(3) 
Notice and hearing.
(A) 
Publication in an official newspaper or a newspaper of general circulation in the applicable city or unincorporated area (as applicable) in which the proposed replat property is located; and
(B) 
By written notice, with a copy of section 212.015(c) of the Texas Local Government Code (as amended) attached, forwarded by the city to the owners of lots that are in the original subdivision and that are within two hundred (200) feet of the lots to be replatted, as indicated on the most recently approved municipal tax roll or in the case of a subdivision within the ETJ, the most recently approved applicable county tax roll of the property upon which the replat is requested. The written notice may be delivered by depositing the notice, properly addressed with postage prepaid, in a post office or postal depository within the boundaries of the city.
(e) 
Review and consideration.
The review and approval processes for a replat shall be the same as the review and approval processed for a final plat (except for the public hearing and notice requirements described in section 4.7.D.3 [sic]), which are outlined in section 9.02.003 final plats. The planning and zoning administrator shall be responsible for review of the application, planning and zoning commission shall review and make a recommendation to the city council, and the city council shall receive the report of the planning and zoning commission and decide the replat application.
(f) 
Effect.
Upon approval and recording of the replat, it is controlling over the previously recorded plat for the portion replatted.
(g) 
Minor replat.
(1) 
An applicant is eligible to apply for a minor replat application if the replat is limited to changes affecting six (6) or fewer lots associated with the preceding plat in the subdivision, or a part of the subdivision, covered by the preceding plat and so longs as the replat does not:
(A) 
Affect applicable zoning and other regulations of the municipality; or
(B) 
Create or require the creation of a new streets or make necessary the extension or construction of new public improvements or municipal facilities;
(C) 
Attempt to amend or remove any covenants or restrictions; and
(D) 
The replat does not trigger the special replat requirements described in subsection (d).
(2) 
An application for a minor replat shall be processed and considered for approval in accordance with the procedures and deadlines set out in section 9.01.007. The requirements for the submittal of a minor replat shall be the same as the requirements for a final plat, as described in section 9.02.003 final plats. However, since construction of public improvements are not applicable to a minor replat, the applicant is not required to obtain approval of a construction plans.
(3) 
Minor replats shall be reviewed and considered for approval administratively by the planning and zoning administrator.
(4) 
Upon the planning and zoning administrator’s denial of a minor replat or upon approval of a minor replat with conditions that are not acceptable to the applicant, the applicant may appeal the decision of the planning and zoning administrator to the planning and zoning commission.
(Ordinance 2020-16 adopted 12/8/20)
(a) 
Purpose.
The purpose of an amending plat shall be to provide an expeditious means of making minor revisions or correcting errors to the recorded plat consistent with the provisions of state law.
(b) 
Applicability.
The procedures for an amending plat shall apply only if the sole purpose of the amending plat is to achieve one or more of the following:
(1) 
Correct an error in a course or distance shown on the preceding plat;
(2) 
Add a course or distance that was omitted on the preceding plat;
(3) 
Correct an error in a real property description shown on the preceding plat;
(4) 
Indicate monuments set after the death, disability or retirement from practice of the engineer or surveyor responsible for setting the 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 the location or character of 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 recorded covenants or restrictions; and
(D) 
The amendment does not have a material adverse effect on the property rights of the other 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 recorded covenants or restrictions; and
(C) 
The amendment does not increase the number of lots;
(10) 
Replat one or more lots fronting on an existing street if:
(A) 
The owners of all those lots join in the application for amending the plat;
(B) 
The amendment does not attempt to remove recorded covenants or restrictions;
(C) 
The amendment does not increase or decrease the number of lots; and
(D) 
The amendment does not create or require the creation of a new streets or make necessary the extension or construction of new public improvements or municipal facilities.
(c) 
Certificates of correction.
Certificates of correction are prohibited.
(d) 
Notice.
In accordance with state law, the approval and issuance of an amending plat shall not require notice, hearing or approval from other lot owners.
(e) 
Application procedure.
(1) 
An application for an amended plat shall be processed and considered for approval in accordance with the procedures and deadlines set out in section 9.01.007. The requirements for the submittal of an amended plat shall be the same as the requirements for a final plat, as described in section 9.02.003 final plats. However, since construction of public improvements are not applicable to an amended plat, the applicant is not required to obtain approval of a construction plan.
(2) 
An amended plats application shall be reviewed and considered for administrative approval by the planning and zoning administrator.
(3) 
Upon the planning and zoning administrator’s denial of an amended plat, or upon approval of an amended plat with conditions that are not acceptable to the applicant, the applicant may appeal the decision of the planning and zoning administrator to the planning and zoning commission.
(f) 
Procedures for recordation following approval.
The procedures for recordation of an amending plat shall be the same as the procedures for recordation of a final plat, as described in section 9.02.003 final plats.
(g) 
Effect.
Upon approval, an amending plat shall be recorded and is controlling over the previously recorded plat without vacation of the plat.
(Ordinance 2020-16 adopted 12/8/20)
(a) 
Purpose.
The purpose of a plat vacation is to provide an expeditious means of vacating a recorded plat in its entirety, consistent with the provisions of state law.
(b) 
Initiation of a plat vacation.
(1) 
By the property owner.
The property owner of the tract covered by a plat may submit an application to vacate the plat at any time before any lot in the plat is sold.
(2) 
By all lot owners.
If lots in the plat have been sold, an application to vacate the plat must be submitted by all owners of the lots in the plat.
(3) 
Planning and zoning commission.
If the planning and zoning commission, on its own motion, determines that the plat should be vacated in the interest of and to protect the public’s health, safety and welfare; and:
(A) 
No lots within the approved plat have been sold within five (5) years following the date that the final plat was approved by the city; or
(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 successor; or
(C) 
The plat has been of record for more than five (5) years, and the planning and zoning commission determines that the further sale of lots within the subdivision or addition presents a threat to public health, safety and welfare, except that the vacation shall apply only to lots owned by the property owner or its successors.
(c) 
Notice.
Published notice of the public hearing on the plat vacation application shall be given in accordance with section 9.01.009 public hearings and state law. The hearing shall be conducted by the planning and zoning commission.
(d) 
Review by the planning and zoning administrator.
Initiate a review of the plat vacation application and materials submitted and provide a recommendation to the planning and zoning commission.
(e) 
Action by the planning and zoning commission.
(1) 
Determine whether the request to vacate the plat meets the regulations of this subdivision ordinance.
(2) 
Act within thirty (30) calendar days from the official filing date of the application.
(3) 
Take one of the following actions:
(A) 
Approve the request of vacate;
(B) 
Approve the request of vacate with conditions; or
(C) 
Deny the request to vacate.
(4) 
The planning and zoning commission, at its discretion, shall have the right to retain all or specific portions of such public road rights-of-ways or easements shown on the plat and dedicated to the city, so long as the city has previously accepted such dedicated right of way, and may condition approval of the plat vacation upon receipt by the city of satisfactory conveyances of such easements and/or rights-of-way by separate legal instrument using forms provided by the city attorney’s office.
(f) 
Procedures for recordation following approval.
If the planning and zoning commission approves vacating the entire plat, it shall record a copy of the plat vacation in the Ellis County Clerk’s Office. If the planning and zoning commission approves vacating a plat in part, it shall cause a revised final plat to be recorded which shows that portion of the original plat that has been vacated and the portion that has not been vacated.
(g) 
Effect.
(1) 
On the execution and recording of the vacating instrument, the previously filed plat, or such portion of the previously filed plat, shall have no further legal force or effect. Regardless of the planning and zoning commission’s action on the petition, the property owner(s) or developer will have no right to a refund or 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 planning and zoning commission.
(2) 
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.
(Ordinance 2020-16 adopted 12/8/20)
(a) 
Appeal of the decision on a plat application.
(1) 
Initiation of an appeal.
The applicant may appeal the decision of the planning and zoning administrator or the planning and zoning commission by submitting a written notice of appeal to the city staff within five (5) calendar days following the date of the decision.
(2) 
The written notice of the appeal shall state the reasons for the appeal and shall cite the specific applicable sections(s) of the subdivision ordinance which form the basis of the appeal.
(3) 
Planning and zoning commission or council decision.
Planning and zoning or the city council, as applicable, shall consider the appeal at a public meeting held no later than thirty (30) calendar days after the official filing date of the application. The planning and zoning commission or the city council may affirm, modify or reverse the decision by a simple majority vote. Regardless of the decision, the decision shall provide and include all information required by section 9.01.008(d) application processing, action and notification following decision.
(Ordinance 2020-16 adopted 12/8/20)