(a) Authority
for Approval of Plats.
The Administrative Official is
authorized to approve, conditionally approve, or disapprove all preliminary
plats, final plats, replats, minor plats, and amending plats. The
Administrative Official shall render such decision within thirty (30)
days of the Filing Date. The Administrative Official may, for any
reason, elect to present the plat for approval to the Commission for
recommendation and City Council for decision. An applicant who is
dissatisfied with the decision of the Administrative Official may
request that the plat be referred to the Commission, and then the
Council, for decision.
(b) Recommendation
of Commission.
If the Administrative Official elects
to present a plat application to the Commission and then City Council,
the Commission shall review and recommend approval, approval with
conditions or disapproval on all plat applications within thirty (30)
days of the Filing Date for the plat application.
(c) Approval
by City Council.
If the Administrative Official elects
to present a plat application to the Commission and then City Council,
the City Council shall consider and approve, approve with conditions,
or disapprove of all plat applications within the earlier of thirty
(30) days of the date of recommendation by the Commission, or thirty
(30) days of the date of expiration of the time allowed for the Commission
to issue a recommendation on the application.
(d) Conformance.
All preliminary plats shall substantially conform to any concept
plan or plan for development or planned development plan approved
in accordance with the requirements of the Zoning Ordinance.
(e) Certain
Planned Development District Plats.
When preparing a
plat for the subdivision or resubdivision of unplatted tracts in a
planned development (PD) district for manufactured housing, the subdivider
is encouraged to formalize pre-existing tract patterns into lots.
In an effort to establish a consistent and cohesive lot pattern, limited
deviations from the pre-existing tract area boundaries may be permitted
due to irregularity in tract ownership and development. Any such allowance
shall generally not result in an increase in the total number of lots
unless authorized by City Council. Any changes from the pre-existing
tract layout shall be firmly based on promoting a regular lot pattern
that is in keeping with the characteristics for that particular neighborhood.
(f) Plat
Review and Conditional Approval.
The Commission and
the City Council may include conditions for the approval of a plat;
these conditions may include those generated by City Staff and their
representatives, and may include those outlined in this Ordinance
and other ordinances of the City, or conditions which are reasonable
in nature and intended to promote the health, safety, and general
welfare of the community. A plat which is approved with conditions
(Ordinance 2014-01 adopted 1/23/2014; Ordinance
2023-16 adopted 10/26/2023)
(a) Preliminary
Plat.
Approval of the preliminary plat expires two years
after the approval date. For a phased subdivision, any part of the
preliminary plat which has not been final platted shall expire after
one year from the completion of the previous phase if a new phase
is not started.
(b) Other
Plats.
A final plat, replat, amending or minor plat which
has not been recorded in the County Records within two years from
the date of approval shall expire.
(c) Re-submittal.
Upon the expiration of a plat, unless the City makes a determination that the applicant has made progress, as that term is defined by Section
5.03, the applicant must resubmit an application for approval, including payment of a fee and complete the review process.
(d) Extension
and Reinstatement Procedure.
(1) Not
later than sixty days prior to the lapse of approval for a preliminary
plat, the property owner may petition the City Council to extend or
reinstate the approval. The petition shall be considered at a public
meeting of the City Council.
(2) In
determining whether to grant such request, the City Council shall
take into account the reasons for lapse, the ability of the property
owner to comply with any conditions attached to the original approval,
the extent to which the property owner agrees to abide by newly adopted
subdivision regulations, and any changed conditions in the surrounding
area which would make an extension undesirable. The City Council shall
extend its approval of the plat, or deny the request. In the event
the City Council denies extension of the preliminary plat, the property
owner must submit a new application for approval.
(3) The
City Council may specify a shorter time for lapse of the extended
plat that is applicable to original approvals, but shall not extend
the period that a preliminary plat approval is valid to more than
one year from the date the original approval expires.
(Ordinance 2014-01 adopted 1/23/2014)
A project shall expire on the fifth anniversary of the date
the application for the first permit application for the project was
filed with the City if no progress has been made towards completion
of the project. For purposes of this Section, “project”
means an endeavor over which a regulatory agency exerts its jurisdiction
and for which one or more permits are required to initiate, continue,
or complete the endeavor. A project shall expire on the fifth anniversary
of the date the application for the first permit for the project was
filed with the City if no progress has been made towards completion
of the project. Progress towards completion of the project shall include
any one of the following:
(1) An application
for a final plat or plan for development is submitted to a regulatory
agency.
(2) A good-faith
attempt is made to file with a regulatory agency an application for
a permit necessary to begin or continue towards completion of the
project.
(3) Costs
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.
(4) Fiscal
security is posted with a regulatory agency to ensure performance
of an obligation required by the regulatory agency.
(5) Utility
connection fees or impact fees for the project have been paid to a
regulatory agency.
(Ordinance 2014-01 adopted 1/23/2014)
(a) Time
Period for Action.
All plat applications shall be acted upon within 30 days from the filing date unless a waiver request is submitted in accordance with Subsection
(b) below. If the applicant desires that the Commission delay action on a plat application beyond the thirty (30) day period, the applicant shall submit a written request to the Commission stating the applicant’s desire to waive the requirement for action within thirty (30) days.
(b) Waiver
Requests.
An applicant may request in writing a waiver
of the time limits for action. The waiver request shall contain a
statement of the reasons for the waiver and the time for which a waiver
is sought. Waiver requests which have not been received by the Administrative
Official on or before the fourth calendar day prior to the Commission
meeting at which action is to be taken on the plat, the application
shall be submitted to the Commission who may grant the request, or
deny the request and taken action on the plat application at such
meeting as scheduled.
(c) Action
on the Waiver Request.
Where the Commission or the City
Council is the decision-maker, action on the waiver request shall
be taken at the meeting at which the plat is scheduled for decision.
If the waiver is granted, action on the plat application shall be
tabled for a time certain consistent with the approved waiver.
(Ordinance 2014-01 adopted 1/23/2014)
After an application for approval of a preliminary plat has been determined to be complete in accordance with Section 4.01(b), the Administrative Official shall review the application to determine whether the application complies with applicable ordinances, and forward the application to the other City departments, generate plat review comments and notify the applicant of same. The Administrative Official shall then have the application processed in conformance with Section
5.01.
(Ordinance 2014-01 adopted 1/23/2014; Ordinance
2023-16 adopted 10/26/2023)
(a) Minor
Changes.
Minor changes in the design of the subdivision
subject to a preliminary plat may be incorporated in an application
for approval of a final plat without the necessity of filing a new
application for approval of a preliminary plat. Any substantial deviation
in street layout or alignment, lot size or configuration, utility
and/or drainage layout, or easements shall require submittal for consideration
of a new preliminary plat.
(b) Amendments.
All other proposed changes to the design of the subdivision
subject to an approved preliminary plat shall be deemed major amendments
that require submittal and approval of a new application for approval
of a preliminary plat before approval of a final plat.
(Ordinance 2014-01 adopted 1/23/2014)
(a) Generally.
Upon approval of the preliminary plat by the City Council, the
Commission may approve a final plat on all or a portion of the property
contained in the approved preliminary plat.
(b) Purpose.
The purpose of a final plat is to assure that the division or
development of the land subject to the plat is consistent with all
standards and regulations of this Ordinance and all other applicable
ordinances, 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, and that all other requirements and
conditions have been satisfied or provided for to allow the plat to
be recorded.
(c) Applicability.
Approval of a final plat shall be required prior to any nonexempt
division of land and prior to any grading or site preparation activities
for a lot or tract of land that requires installation of public improvements
on or adjacent thereto. A final plat application shall not be required
for any land division that may be approved through the minor plat
procedures.
(d) Where
No Preliminary Plat Approved.
Where no preliminary plat
is required, the final plat application must meet all of the submittal
requirements for a preliminary plat that are not included in the list
of application requirements.
(Ordinance 2014-01 adopted 1/23/2014)
(a) Generally.
After an application for approval of a final plat has been determined to be complete in accordance with Section 4.01( b), the Administrative Official shall review the application to determine whether the application complies with applicable ordinances, and forward the application to the other City departments, generate plat review comments and notify the applicant of same. The Administrative Official shall then have the application processed in conformance with Section
5.01.
(b) Criteria
for Decision.
The following criteria shall be used to
determine whether the application for a final plat shall be approved
or denied.
(1) The final plat conforms to the approved preliminary plat except for minor changes authorized under Section
5.06 and that may be approved without the necessity of revising the approved preliminary plat.
(2) The
final layout of the subdivision meets all standards for adequacy of
public facilities contained in this Ordinance and other applicable
ordinances.
(3) The
plat conforms to the Comprehensive Plan, including its future land
use map (within the City limits), the master plans for current and
future streets, alleys, parks, playgrounds, and public utility facilities,
as well as extension of the City's roads, streets, and public highways
within its extraterritorial jurisdiction, taking into account access
to and extension of sewer and water mains and the instrumentalities
of public utilities.
(4) The
plat conforms to the City's zoning regulations or regulations contained
in an approved development agreement affecting the land, and all other
applicable City ordinances and regulations.
(Ordinance 2014-01 adopted 1/23/2014; Ordinance
2023-16 adopted 10/26/2023)
All minor plats will be accepted for review in accordance with Section
4.02, and plat review comments generated and a copy of this review given to the applicant. It will be the applicant’s responsibility to revise the plat as needed to receive approval from City Staff. Within 30 days of the filing date, the Administrative Official shall take action on the application. Upon approval of a minor plat, the Administrative Official and City Secretary shall attest to the approval of the plat by signing the plat. If the plat complies with Section
5.11 hereof, the Administrative Official will file the plat in accordance with this Ordinance. If the plat does not meet the requirements of this Ordinance, the Administrative Official shall deny the plat.
(Ordinance 2014-01 adopted 1/23/2014)
(a) Generally.
An amending plat will be accepted for review in accordance with Section
4.02. After an application for approval of an amending plat has been determined to be complete, the Administrative Official shall forward the application to other City departments for review to determine whether the application complies with applicable Ordinances. The Administrative Official shall, within a reasonable time, generate plat review comments, notify the applicant of same. It is the applicant’s responsibility to revise the application to meet the requirements of the Ordinance.
(b) Approval.
Within 30 days of the filing date, the Administrative Official shall take action upon the application. Upon approval, the Administrative Official shall sign the plat. If the plat meets the requirements of Section
5.11 hereof, the Administrative Official will record the plat. If the plat does not meet with requirements of this Ordinance, the Administrative Official shall deny the plat.
(c) Alternative.
Should any of the conditions imposed pursuant to this Ordinance
prove unacceptable to the applicant, the applicant may submit an application
for a replat. An amending plat may be submitted and processed as a
replat.
(Ordinance 2014-01 adopted 1/23/2014)
(a) Requirements.
For a plat to be recorded after approval, all conditions of
approval must be satisfied, including, but not limited to, the following:
(1) All
required fees shall be paid, including park dedication and tree replacement
fees.
(2) All
plats shall be provided in an electronic format approved by the Administrative
Official.
(3) All
covenants required by ordinances shall be reviewed and approved by
the City.
(4) On-site
easements and rights-of-way shall be properly described and noted
on the plat.
(5) Off-site
easements and rights-of-way shall be dedicated by the respective owners,
approved by the City and filed of record with the county.
(6) All
required abandonments of public rights-of-way or easements that must
be approved by the City Council and the abandonment ordinance numbers
shall be shown on the plat.
(7) Original
tax certificates showing that all taxes are paid, as well as a statement
from the City that no outstanding monies are owed to the City shall
be presented from each taxing unit with jurisdiction of the real property.
(8) A
copy of the ownership and dedication statement from the plat shall
be submitted on separate letter or legal size paper, executed before
a notary public, with all original signatures.
(9) A
copy of the executed developer’s agreement, if one was required
to be executed, shall be submitted.
(10) The required financial assurance and contractor’s proof of
insurance for any proposed public improvements.
(11) Monumentation required by Section
10.03.
(12) Evidence of approval of any necessary permits from the Texas Department
of Transportation, any utility district, the U.S. Army Corps of Engineers,
or any other state or federal agency shall be submitted.
(13) Any lienholder of the property to be platted must execute a statement
on the plat or a separate instrument subordinating the lienholder’s
interest to the plat and the dedications thereon.
(b) Proof
of Title.
The applicant shall furnish the City a title
insurance policy or other documentation of title satisfactory to the
City, covering the platted area dedicated to the City. The documents
shall reflect that the applicant has fee simple title to the property
to be dedicated with no encumbrances except for those liens for which
consents have been filed and shall be updated to the date the City
Engineer releases the plat to be filed with the county clerk.
(c) Recording.
Within fourteen (14) days after the later to occur of plat approval
and compliance with all stipulations of approval and the requirements
of this Section, the City shall record the plat in the county plat
records. The final plat shall not be returned or released to the developer
until recorded.
(d) Original
Signatures on Mylar.
All revisions to the plat shall
be made prior to running the black-line mylars which are to be signed
by the owner, notary, surveyor, and City representatives. The City
will then obtain signatures of the appropriate City representatives.
(e) Special
Filings.
In the event that the applicant requests a special
filing with the County, a check payable to the City shall be submitted
to the City Secretary in the amount of the appropriate fee and expenses.
Fees for special filings of plats shall be set by the City Council.
(Ordinance 2014-01 adopted 1/23/2014)