The following definitions apply to the provisions of this division:
The city authority responsible for approving plats, and includes
the term “planning and zoning commission,” where the city
has combined the functions of a zoning commission and a planning commission
pursuant to Texas Local Government Code section 211.007.
A preliminary plat, general plan (including a master plan
or plat), final plat, and replat.
A request for approval of a plat or subdivision plan required
to initiate the division or development of land pursuant to Texas
Local Government Code chapter 212, subchapters A or B.
A subdivision development plan, subdivision plan, subdivision
construction plan, land development application, site development
plan or site plan required for approval of a plat, which is authorized
under Texas Local Government Code chapter 212, subchapters A or B.
A subdivision plan excludes a zoning plan.
Ordinance 2002-01-03, as amended, prior to the effective
date of this division.
A concept plan, site plan or similar document required to
determine compliance with land use regulations which are authorized
under Texas Local Government Code, chapter 211.
(Ordinance 2019-08-05 adopted 8/20/19)
(a)
This
division applies to the procedures for approval of plats and subdivision
plans for the division or development of property pursuant to Texas
Local Government Code chapter 212, subchapters A or B.
(b)
This
division does not apply to the procedures for approval of zoning plans
or plans required to accompany applications for building permits.
(c)
This
division does not apply to any plat or subdivision plan filed before
September 1, 2019.
(Ordinance 2019-08-05 adopted 8/20/19)
Notwithstanding any other provision of the subdivision ordinance
to the contrary, the stages of plat approval shall be as follows:
(1)
Except
for minor plats, replats and amending plats, all applications for
plat approval shall consist of an application for preliminary plat
approval, followed by an application for final plat approval. Applications
for preliminary plat approval and final plat approval shall not be
submitted nor processed simultaneously. Each plat application shall
require the approval of the planning and zoning commission and the
city council, as hereinafter provided.
(2)
Any
procedure in the subdivision ordinance that provides for a shorter
time for approval of a plat application than that required for approval
of a preliminary or final plat application is superseded by the procedures
of this division.
(3)
Except
as hereinafter provided, any appeal from a planning commission decision
on a plat to the city council is superseded by the procedures of this
division.
(4)
Procedures for review of an application for completeness authorized by the subdivision ordinance or to be undertaken pursuant to Texas Local Government Code section 245.002(e) are superseded by the procedures in section 9.02.034 and 9.02.035 of this division, except as otherwise provided in section 9.02.036 of this division.
(5)
A
subdivision plan must be submitted for approval with an application
for preliminary or final plat approval, unless approval of the subdivision
plan is required prior to submittal of a plat application. Any procedure
for approval of a subdivision plan before the commission or council
approves or disapproves a plat application is superseded by the procedures
of this division.
(6)
Conditional approval of a preliminary plat application shall mean that each such condition must be satisfied prior to final plat approval. Such conditions are not subject to the procedures in section 9.02.035 of this division.
(7)
Because the technical requirements for submittal of a plat or subdivision plan application are essential for determining whether the application should be approved, conditionally approved, or disapproved, any deficiency in the submittal requirements for such application shall be grounds for disapproval of the application, unless the plat or subdivision plan application is to be reviewed under the alternative procedures in section 9.02.036 of this division.
(Ordinance 2019-08-05 adopted 8/20/19)
(a)
Initial approval by commission.
The planning commission shall approve, approve with conditions, or disapprove a preliminary plat, final plat or subdivision plan application within 30 days after the date the plat or subdivision plan application is filed. A plat or subdivision plan application is deemed approved by the commission unless it is conditionally approved or disapproved within that period in the manner provided in and documented pursuant to subsection (e).
(b)
Initial approval by council.
The city council shall approve, approve with conditions, or disapprove a preliminary plat, final plat or subdivision plan application within 30 days after the date the commission approves the plat or subdivision plan application. A plat or subdivision plan application is deemed approved by the city council unless it is conditionally approved or disapproved within that period in the manner provided in documented pursuant to subsection (e).
(c)
Extension by agreement.
The applicant may request in writing and the planning commission or the city council, as the case may be, may approve the request for an extension of the time for plat or subdivision plan approval required by subsections (a) or (b) for a period not to exceed 30 days. The written request must be made within 15 days of the date the application is filed and approved by the commission or council prior to the time for a decision on the application required by subsections (a) or (b).
(d)
Limitation on submittals.
Following the filing of the plat or subdivision plan application, the applicant may not submit additional materials in support of the application during the initial 30-day period during which the commission or the council must decide the application, unless the applicant withdraws the original application and submits a new application with the additional materials. If an extension is sought and granted under subsection (c), the applicant may submit additional materials in support of the application no later than 15 days from the date the commission or council is scheduled to review the application without filing a new application.
(e)
Documentation for conditional approval or disapproval.
The planning commission or the city council, as the case may be,
shall provide the applicant a written statement of the conditions
for the conditional approval or reasons for disapproval that clearly
articulates each specific condition for the conditional approval or
reason for disapproval. Each condition or reason specified in the
written statement must be directly related to the requirements of
the subdivision ordinance and include a citation to the applicable
law, including a statute or municipal ordinance, that is the basis
for the conditional approval or disapproval. The conditions or reasons
cannot be arbitrary.
(Ordinance 2019-08-05 adopted 8/20/19)
(a)
Applicant’s response.
After the conditional approval or disapproval of a plat or subdivision plan under section 9.02.034, the applicant may submit to the commission or the council, as the case may be, that conditionally approved or disapproved the plat or subdivision plan, a written response that satisfies each condition for the conditional approval or remedies each reason for disapproval provided. The commission or the council may not establish a deadline for an applicant to submit the response.
(b)
Reply to applicant’s response.
The commission or council, as the case may be, that receives an applicant’s response in accordance with subsection (a) shall determine whether to approve, conditionally approve or disapprove the applicant’s previously conditionally approved or disapproved plat or subdivision plan not later than the 15th day after the date the response was submitted. The commission or council may further conditionally approve of disapprove the application for a specific condition or reason that is provided to the applicant in the manner prescribed in section 9.02.034(e) of this division. The commission or council must approve the plat or subdivision plan application if the response adequately addresses each condition of the conditional approval or each reason for the disapproval.
(c)
Delegation to administrative official.
The administrative official(s) designated by the subdivision ordinance for reviewing and evaluating plat and/or subdivision plan applications, or his delegee(s), hereby is delegated authority to reply to an applicant’s response in the manner provided in section 9.02.034(e). The applicant may appeal the administrative official’s decision within 15 days thereof to the planning commission or the city council, as the case may be, which shall hear the appeal at its next scheduled regular meeting. The applicant may also request a delay in the reply in order to have the response considered and decided by the planning commission or city council, as the case may be, at its next scheduled regular meeting.
(d)
Failure to timely reply.
(e)
New application required.
In the event that the administrative
official, or the planning commission or city council, as the case
may be, timely disapproves the plat or subdivision plan application,
a new application shall be required.
(Ordinance 2019-08-05 adopted 8/20/19)
In lieu of the procedures set forth in sections 9.02.034 and 9.02.035, every applicant for approval of a plat or subdivision plat may elect in writing to follow the procedures in this section if the election is made at the time the application is first submitted for filing. Election under this section does not waive the procedures in sections 9.02.034 and 9.02.035 of this division, which shall commence as provided in subsection (3).
(1)
Within 10 business days of the time the application is submitted for filing, the official(s) responsible for administering the subdivision ordinance of his designee shall make his determination whether the application meets the technical requirements for submittal. The official or his designee shall notify the applicant in writing not later than the 10th business day after the application is submitted whether the application is complete or incomplete. If the application is incomplete, the notice shall specify the documents or information that are necessary to complete the application and also shall state that the application is subject to expiration, as provided in subsection (2).
(2)
Following
the receipt of written notice, the applicant shall have 45 days from
the time the application was submitted for filing to submit the necessary
documents or information to render the application complete. If the
applicant fails to do so, the application shall expire on the 45th
day after the application was submitted for filing. An applicant may
request a conference with the administrative official to assist in
completing the application. If the application expires, the applicant
may submit a new plat or subdivision plan application without prejudice.
If the new application is submitted within 10 days after the expiration
of the original application, review fees will be waived.
(3)
The procedures for review of an application for plat or subdivision plan approval in sections 9.02.034 and 9.02.35 of this division shall commence on one of the following dates:
(A)
The date of the notice required by subsection (1) if the application
is determined to be complete.
(B)
The date the applicant submits documents or information necessary
to complete the application within the 45-day period specified in
subsection (2).
(C)
The date the applicant submits a new application in the event the
original application has expired.
(Ordinance 2019-08-05 adopted 8/20/19)
Notwithstanding any other provision of the subdivision ordinance
to the contrary, the procedures for replats hereby are amended as
follows:
(1)
A
replat of a subdivision or part of a subdivision may be recorded and
is controlling over the preceding plat without vacation of the plat
if the replat is: (A) signed and acknowledged by only the owner of
the property being replatted; (B) is approved by the planning commission;
and (C) does not attempt to amend or remove any covenants or restrictions.
A public hearing is not required before approval of the plat.
(2)
A
replat without vacation of the preceding plat must conform to the
requirements of Texas Local Government Code section 212.015(a), in
addition to the provisions of section 212.014, as amended. If such
replat requires a variance or exception, a public hearing must be
held by the planning commission or the city council. If such replat
does not require a variance or exception, the city shall, not later
than the 15th day after the date the replat is approved, provide written
notice by mail of the approval of the replat to each owner of a lot
in the original subdivision that is within 200 feet of the lots to
be replatted according to the most recent municipal or country tax
roll. The notice must include (1) the zoning designation of the property
after the replat and (2) a telephone number and e-mail address an
owner of a lot may use to contact the municipality about the replat.
This requirement does not apply to a proposed replat if the city holds
a public hearing and gives notice of the hearing pursuant to Texas
Local Government Code section 212.015(b).
(Ordinance 2019-08-05 adopted 8/20/19)
