City council’s final action.

The city council shall hear and take final action on the following subdivision procedures:

Preliminary plats;

Final plats;

Development plats;

Replats;

Amending plats (where the city manager recommends denial or otherwise deems necessary);

(6)

Plat vacations;

(7)

Minor plats and replats (where the city manager recommends denial or otherwise deems necessary);

and additional powers and duties as may be assigned under other portions of the ordinances of the city.

(b)

Planning and zoning commission powers and duties.

The following are the planning and zoning commission’s powers and duties:

(1)

Review and recommendation.

The commission shall be an advisory body and adjunct to the city council, and shall review and make recommendations regarding:

Preliminary plats;

Final plats;

Development plats;

Replats;

Plat vacations; and

Minor plats and replats (where the city manager recommends denial or otherwise deems necessary);

and additional powers and duties as may be assigned under other portions of the ordinances of the city.

(2)

Final action.

The commission shall take no final action on any subdivision application.

(3)

Joint meetings with the city council.

Whenever the city council and the commission are required by the laws of the state to conduct public hearings in matters pertaining to planning, zoning or subdividing property, and at other times when it is in the best interest of the city to do so, the city council and the commission are hereby authorized, after published notice as required by law, to hold joint meetings and to conduct joint public hearings.

(c)

City manager.

(1)

Powers and duties.

The following powers and duties shall be assigned to the city manager under this chapter; additional powers and duties may be assigned under other portions of the ordinances of the city:

Review and recommendation.

The city manager shall review and make a recommendation on the following subdivision procedures:

Preliminary plats;

Final plats;

Development plats;

Replats;

Amending plats (where the city manager recommends denial or otherwise deems necessary); and

Minor plats and replats (where the city manager recommends denial or otherwise deems necessary).

Final action.

The city manager may review and take final action (if the action is approval) on the following subdivision procedures:

Amending plats; and

Minor plats and replats.

(2)

Authorized to promulgate regulations, etc., for design and construction of improvements.

The city manager or his designee is hereby authorized to promulgate rules, regulations, standards and specifications for the design and construction of improvements, to include but not be limited to the design criteria manual. The same shall be filed with the city secretary at least 30 days before they shall become effective. An amendment may be made from time to time, provided that the amendment is filed with the city secretary at least 30 days before it becomes effective. No such rules, regulations, standards or specifications shall conflict with this or any other ordinance of the city.

(Ordinance 549, sec. 10.211, adopted 12/22/09; Ordinance 661, sec. II, adopted 3/10/15)

§ 32-40 Submission requirements.

(a)

Zoning requirements.

A property within the city’s corporate limits that is being proposed for platting must be properly zoned by the city prior to approval of a preliminary plat. In addition, the proposed development layout or subdivision design shown on the proposed plat must be in conformance with all standards and requirements prescribed in chapter 40, zoning.

(b)

Noncompliance with district.

Noncompliance with the requirements of the zoning district in which the subject property is located, or lack of the proper zoning, shall constitute grounds for denial of the plat. In situations where the zoning on a particular piece of property cannot be ascertained by the city, the burden of proof regarding the property’s zoning shall rest with the applicant. Proof of proper zoning shall consist of appropriate documentation, such as a copy of the ordinance establishing the zoning, which shall be reviewed by city officials as to its validity and authenticity.

(c)

Plats in the ETJ.

Any plat located in the city’s ETJ that is submitted for approval by the city shall be in accordance with the city’s comprehensive plan, including all adopted water, sewer, storm drainage, future land use, park, recreation, open space and thoroughfare plans.

(d)

Professional submittal required.

All plats shall be prepared by a licensed civil engineer or a registered land surveyor.

(e)

Classification of subdivisions and additions.

Before any plat is filed for record with the county clerk, the property owner shall apply for and secure city council approval of the required subdivision plat, in accordance with the following procedures, unless otherwise provided within this chapter. The general development process, timelines and bodies which approve each application is as shown in appendix A to the ordinance from which this chapter is derived.

(1)

Minor subdivisions may be approved for residential or nonresidential properties.

A plat involving four or fewer lots abutting an existing street and not requiring the creation of any new street or the extension of municipal facilities shall be considered a minor plat. Minor plat approval by the city council requires the submission of a final plat drawing and other submission materials required by section 32-45. Lots may be conveyed or sold only when the plat has been approved by the city council and the plat has been filed with the county clerk.

(2)

Major subdivisions may be approved for residential or nonresidential properties.

The procedure for approval of a major subdivision typically involves three steps: a preliminary plat (see 32-41), construction plans (see 32-44), and final plat (see 32-45). All major subdivision plats must be reviewed and voted upon by the commission and approved by the city council, pursuant to sections 32-41 through 32-45. If the land is required to be platted, no conveyance or sale of any portion or lot of the property may occur until after the final plat is approved by the city council and filed with the county clerk, except where land is reviewed and approved through the development plat process in section 32-47.

(f)

Submission requirements for all types of plat applications.

In addition to the requirements outlined herein for each type of development application, the city shall maintain application forms, checklists, language blocks for plats and other similar items. The forms and paperwork are available at the office of the city manager. These supplemental materials may be amended from time to time, and it is the applicant’s responsibility to be familiar with, and to comply with their requirements. No plans providing land use, density or intensity shall be considered by the city prior to the submission of a preliminary plat application.

(g)

Right to deny plat.

The city may deny any application if the applicant does not submit the information and fees required by this chapter.

(h)

Misrepresentation of facts.

It shall be a violation of this chapter for any person to knowingly or willfully misrepresent, or fail to include, any information required by this chapter in any plat application or during any public hearing or meeting of the commission or city council. Such a violation shall constitute grounds for denial of the plat.

(i)

Proof of landownership.

Only the landowner or his authorized agent are allowed to submit an application for subdivision approval. The city may require proof of ownership or documented proof of authorization to serve as agent for the landowner from any applicant.

(j)

Official submission date and completeness of application for all types of plats.

(1)

For the purpose of these regulations, the “submission date” shall be the date upon which a complete application for approval of any type of plat, that contains all required elements mandated by the V.T.C.A., Local Government Code sec. 212.004(b) and by this chapter, is first submitted to the city manager, after which the statutory period required for approval or disapproval of the plat shall commence to run. No application shall be deemed officially submitted and no further processing by staff shall occur until the city manager determines that the application is administratively complete and a fee receipt is issued by the city.

(2)

Failure by the city manager to make a determination of incompleteness within ten business days following the date on which the application was first received by the city shall result in the application being deemed complete, and the submission date shall become the tenth business day following initial receipt of the application by the city.

(3)

Plat applications which do not include all required information and materials, as outlined below and per other city development review policies which may change from time to time, will be considered incomplete, shall not be accepted for official submission by the city, no further processing by staff shall occur and shall not be scheduled on a commission or city council agenda until the proper information is provided to city officials.

(4)

Incomplete plat applications shall expire on the 45th calendar day after the application is filed if:

The applicant fails to provide documents or other information necessary to comply with the city’s technical requirements relating to form and content of the application;

The city provides to the applicant not later than the tenth business day after the date the application is filed, written notice of the failure 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

The applicant fails to provide the specified documents or other information within the time provided in the notice.

(5)

Applications that are deemed complete will expire if approval by the city council does not occur within 180 days from the date that the application was deemed complete.

(k)

Submission procedures and city review process for all types of plats.

(1)

Submission timing.

An application for approval of any plat shall be submitted to the commission at least 28 calendar days, but no more than 30 calendar days after the date that the application was deemed administratively complete, unless the applicant waives the 30-day requirement for action on the plat in writing, prior to the commission meeting at which it is to be considered.

(2)

Submission materials.

The application shall include a written application form that bears the notarized signatures of the property owners of the subject property, along with the appropriate submission fee, the appropriate number of full-size (24 inches by 36 inches) prints of the plat, as required by the city’s current development review policies and requirements, one 11-inch by 17-inch black and white reduction of the plat, a copy of any applicable development agreement pertaining to the subject property, if any, and an electronic version of all submission documents in a format that is suitable for uploading into the city’s geographic information system (GIS) or other electronic format as specified by city staff, and shall clearly demonstrate that the proposed development complies with all applicable laws, and any other applicable information and materials deemed appropriate by the city.

The application shall be accompanied by a certificate showing that all taxes have been paid on the subject property, and that no delinquent taxes exist against the property, in accordance with section 32-9. Documentation shall also be included that shows no delinquent assessments, fees, or other debts or obligations to the city and which are directly attributable to the subject property.

The application shall also be accompanied by an engineer’s summary report that describes, in as much detail as necessary, the following: the overall nature and scope of the proposed development, including zoning of the property, if applicable, proposed use and acreage of each proposed use, minimum lot sizes, widths and depths, number of lots to be created, and special amenities or facilities that will be included in the development; how the property will be served with required utilities and services; how stormwater drainage will be handled; and an itemization and description of any exceptions from provisions of this chapter that will be sought. If the proposed development will have access points onto a major thoroughfare, the application shall also include a letter from the appropriate entity, such as TxDOT or the county, acknowledging and approving proposed driveway locations and corresponding median openings and left turn lanes, if applicable. Letters shall also be provided from each of the applicable utility service providers, or that each lot meets the requirements for an off-site sewage facility, gas, electricity, telephone, cable TV and solid waste, verifying their receipt and review of all materials depicting the proposed development and their ability to provide an adequate level of service for the proposed development. A letter from the Marble Falls Independent School District shall also be provided that acknowledges the district’s ability to accommodate the additional number of schoolage children that will be generated by the proposed development, and that expresses any desire the district may have to obtain a future school site within any portion of the subject property. Failure of the MFISD to provide a letter or inability to accommodate new development proposed in the plat application shall not be a reason to deny the plat application.

All plat drawings and other corresponding plans and drawings, including engineering plans shall be on sheets no larger than 24 inches by 36 inches in size, and shall be drawn to a known engineering scale of not smaller than 100 feet to the inch or a larger scale. In cases of large developments which would exceed the dimensions of the sheet at 100-foot scale, plats may be on multiple sheets or to another known engineering scale, as approved by the city manager, and in a format that will be acceptable for eventual filing with the county clerk.

(3)

City staff review.

Upon official submission of a complete application for plat approval, the city shall commence technical review of the development application by forwarding a copy of the application and plat to relevant staff staff shall review the plat and shall ascertain its compliance with these and other applicable city regulations. It shall be within the city staff’s discretion to request the city engineer to review the application to determine compliance with the provisions of this chapter. City staff shall automatically refer an application to the city’s engineer when the subdivision consists of ten acres or more. City staff shall provide prior notice to the developer when it refers the application to the city’s engineer. The developer shall be responsible for all actual costs incurred when its application is reviewed by the city engineer and payment shall be required prior to recording of the plat. Following the city staff review of the plat and supporting documents, and following discussions with the applicant on any revisions deemed advisable and the kind and extent of improvements to be installed, the applicant shall resubmit additional copies of the corrected plat to the city manager no later than ten calendar days prior to the commission meeting. Failure to resubmit corrected copies of the plat back to the city in time shall be cause for the city manager to forward the plat application to the commission as it was originally submitted rather than the corrected version of the plat. If, upon resubmission of the corrected plat to the city, the city manager determines that the application is still incomplete or is not correct, the plat application shall be subject to denial.

(4)

Request for waiver.

After the plat has been scheduled on an agenda, the applicant may request, in writing, a waiver of the 30-day approval requirement in order to allow more time to correct deficiencies, address concerns, or otherwise improve the plat pursuant to the city’s regulations. After receipt of the request, the city may delay action on the plat beyond 30 calendar days following the official submission date.

(5)

Action by the commission and the city council.

All subdivision plat applications, unless the city manager may approve the application under the provisions of this chapter, shall be reviewed by the commission, and if in conformance with the provisions of this chapter and with all other applicable regulations of the city, they shall be approved by commission and the city council.

City staff shall place applications for preliminary plats that are deemed to be administratively complete by the city manager on the next regular commission agenda. The commission shall review each plat application and shall recommend approval, approval subject to certain conditions, or denial of the plat application. The city council shall take action on the plat within 30 calendar days of the action of the commission.

Affirmation of minor modifications to or denial of the commission’s recommendation to approve the plat shall require a majority vote of the city councilmembers present.

(6)

Simultaneous submission of plats.

In the event that an applicant submits preliminary and final plat applications simultaneously, the city manager shall schedule both plat applications for action by the commission within 30 calendar days of the official submission date, unless the applicant has executed a written waiver of the 30-day review period for one or both plats.

If the preliminary plat has not received approval prior to consideration of the final plat by the commission, then the commission shall deny the final plat application. The city council shall take action on either one or both plat applications, as applicable, within 30 calendar days of the commission’s action. Affirmation of, or minor modifications to, the commission’s recommendation to approve the plats shall require a simple majority vote of the city councilmembers present.

(Ordinance 549, sec. 10.212, adopted 12/22/09; Ordinance 661, sec. II, adopted 3/10/15)

§ 32-41 Preliminary plat.

(a)

A preliminary plat shall include all contiguous property under the ownership or control of the applicant. It may contain more than one phase which, if so, shall be clearly identified. Approval of a preliminary plat by the city council shall be deemed general approval of the street and lot layout shown on the preliminary plat, and to the preparation of the final or record plat. Approval for construction of the necessary streets, water lines, sewer lines, and other required improvements and utilities shall be authorized only through the city approval of the construction plans.

(b)

Standards for approval.

No preliminary plat shall be recommended for approval by the commission or approved by the city council unless the following standards have been met:

(1)

The plat substantially conforms with the comprehensive plan, utility plans, the capital improvement plan and other studies and plans, as applicable;

(2)

The layouts and engineering plans for required public improvements and city utilities have been submitted by the applicant for approval by the city engineer provided that, whether specifically stated or not, preliminary plat approval shall always be subject to any additions or alterations to the engineering plans as deemed necessary by the city engineer, as needed, to ensure the safe, efficient and proper construction of public improvements within the subdivision; and

(3)

The plat conforms to applicable zoning and other regulations.

(c)

No construction work shall begin on the proposed improvements in the proposed subdivision prior to approval of the preliminary plat by the city council, nor prior to issuance of all appropriate construction permits by the city and other appropriate entities or agencies.

(d)

The applicant shall provide copies of letters from applicable local utility companies stating that each utility company has reviewed the preliminary plat and stating any requirements, including easements, they may have. This requirement may be deferred until the final plat is submitted if such deferral request is submitted to the city in writing and approved by the city manager prior to the commission meeting at which the preliminary plat will be considered.

(e)

No excavation, grading, tree removal or site clearing activities shall occur prior to approval of the preliminary plat and the engineering plans. However, preliminary grading or site preparation activities, such as limited excavation, filling, and removal or clearing of brush, undergrowth or man-induced debris, may be authorized by the city manager after such time as the applicant demonstrates compliance with or exemption from the NPS regulations.

(f)

Information required upon or with preliminary plat.

The proposed preliminary plat and associated construction plans shall show the following information:

(1)

A vicinity or location map that shows the location of the proposed preliminary plat within the city or its ETJ and in relationship to existing roadways;

(2)

Boundary lines, abstract or survey lines, corporate or other jurisdictional boundaries, existing or proposed highways and streets, including right-of-way widths, bearings and distances sufficient to locate the exact area proposed for the subdivision, and all survey monuments identified and labeled as provided in section 32-138; the length and bearing of all straight lines, radii, arc lengths, tangent lengths and central angles of all curves shall be indicated along the lines of each lot, and the curve and line data may be placed in a table format; accurate reference ties via courses and distances to at least one recognized abstract or survey corner or existing subdivision corner shall be shown;

(3)

The name, location and recording information of all adjacent subdivisions, or property owners of adjacent unplatted lots; including those located on the other sides of roads or creeks, shall be drawn to the same scale and shown in dotted lines adjacent to the tract proposed for subdivision in sufficient detail to show accurately the existing streets, alleys, building setbacks, lot and block numbering, easements, and other features that may influence the layout of development of the proposed subdivision; adjacent unplatted land shall show property lines, the names of owners of record, and the recording information;

(4)

The location, widths and names of all streets, alleys and easements, existing or proposed, within the subdivision limits and adjacent to the proposed subdivision. A list of proposed street names shall be submitted in the form of a letter or memo along with the plat for all new street names. Street name approval is required at the time the preliminary plat is approved. It shall be the applicant’s responsibility to coordinate with appropriate utility entities for placement of necessary utility easements and for location of all streets and median openings on highways or arterial roadways;

(5)

The location of all existing property lines, existing lot and block numbers and date recorded, easements of record, with recording information, buildings, cemeteries, existing sewer or water mains, gas mains, other underground structures or other existing features within the area proposed for subdivision;

(6)

Proposed arrangement and square footage of lots, including lot and block numbers;

(7)

A title block within the lower right hand corner of the plat, and with the engineering plans, which shows the title or name under which the proposed subdivision is to be recorded, the name and address of the property owner and the name of the licensed professional engineer or registered public surveyor who prepared the plat or plans, the scale of the plat, the date the plat was prepared, and the location of the property according to the abstract or survey records of the county; the subdivision name shall not duplicate, or phonetically replicate, the name of any other platted subdivision in the city or its ETJ, but phasing identification is allowed. It is the property owner’s responsibility to check the plat records of the county to ensure that the proposed subdivision name will not duplicate or sound too similar to a subdivision name already in existence. The city may, at its discretion, require a different subdivision name if there is potential for confusion by public safety officials or the general public;

(8)

Sites, if any, to be reserved or dedicated for parks, schools, playgrounds, other public uses or for private facilities or amenities;

(9)

Scale, date, north arrow oriented to the top or left side of the sheet, and other pertinent informational data;

(10)

Contours with intervals of two feet or less shown for the area, with all elevations on the contour map referenced to sea level datum;

(11)

Areas contributing drainage to the proposed subdivision shall be shown in the engineering plans; locations proposed for drainage discharge from the site shall be shown by directional arrows;

(12)

All physical features of the property to be subdivided shall be shown in the engineering plans, including the location and size of all watercourses, 100-year floodplain according to Federal Emergency Management Agency (FEMA) information, U.S. Army Corps of Engineers flowage easement requirements, ravines, bridges, culverts, existing structures, drainage area in acres or area draining into subdivisions, the outline of major wooded areas or the location of major or important individual trees, and other features pertinent to subdivision;

(13)

Proposed phasing of the development and a proposed schedule of development; the dedication of rights-of-way for streets and street improvements, whether on-site or off-site, intended to serve each proposed phase of the subdivision;

(14)

All preliminary plats shall be submitted in a legible format that complies with the county requirements for the filing of plats, and shall be drawn on a good grade blue line or black line paper;

(15)

Proposed or existing zoning of the subject property and all adjacent properties;

(16)

Minimum finished floor elevations of building foundations shall be shown for lots adjacent to a floodplain or within an area that may be susceptible to flooding;

(17)

If the subdivision is not to be served immediately by a water utility, a note shall be placed on the plat prohibiting occupancy of any lot until water satisfactory for human consumption is available from a source on the land, a community source, or a public utility source in adequate and sufficient supply to serve each lot. Such note shall provide that the plans and specifications for a private water supply system must be submitted by a licensed professional engineer and approved by the Texas Commission on Environmental Quality (TCEQ), and all requirements in accordance with V.T.C.A., Local Government Code sec. 212.0101;

(18)

If the subdivision is not to be served immediately by a sewage collecting system connected to a centralized treatment plant or public sewer system, a note shall be placed on the plat prohibiting occupancy of any lot until an on-site waste disposal, such as a septic tank, system is installed in accordance with the city’s and the state’s rules and regulations governing such systems, and until the appropriate entity has inspected and approved the installed system; and

(19)

Certificates and other language shall be included on the plat, pursuant to the following sections:

A statement that the subdivided area is legally owned by the applicant.

An accurate legal description by bearings and distances, including necessary curve and line data, accurate to the nearest 0.01 of a foot, for all boundary, block and lot lines, with descriptions correlated to a permanent survey monument.

A statement signed by the property owner and acknowledged before a notary public as to the authenticity of the signatures, saying that the property owner adopts the plat as shown, described and named, and that he does dedicate, in fee simple, to the public use forever the streets, alleys and easements shown on the plat. The property owner further reserves any easement areas shown for mutual use of all public utilities desiring to use the same. Any public utility shall have the right to remove and keep removed all or any part of any vegetative growth or other appurtenance for construction or maintenance, or efficiency of its respective system in these easements and all or any part of, any growth or construction which in any way hinders or interferes with the right of ingress and egress to these easements for any necessary use without asking anyone’s permission.

The registered public surveyor’s certificate, with a place for his signature and notarization of his signature.

A place for plat approval signature of the mayor or mayor pro tem of the city council, a place for the city secretary to attest such signature, and the approval dates by the commission and the city council.

Property owner’s and surveyor’s certificate, approval block, special notice regarding sale of property, visibility, access and maintenance easements (to be used if applicable), fire lanes (to be used if applicable), and access easements (to be used if applicable) language is required and the specific language is available at the city.

Other plat language.

The plat shall include any other applicable language, such as for drainage, floodway or other special types of easements, or for a private street subdivision, as deemed appropriate and necessary by the city for the purpose of protecting the public health, safety and welfare. Applicable plat languages are available upon request at the city.

(g)

Effect of approval.

Approval of a preliminary plat authorizes the applicant to file construction plans for infrastructure improvements, upon fulfillment of all requirements and conditions of approval. The preliminary plat shall lapse where a complete application for such construction plans is not submitted within two years of the date of approval of the preliminary plat.

(Ordinance 549, sec. 10.213, adopted 12/22/09)

§ 32-42 Exceptions.

Where the city council finds that undue hardships will result from strict compliance with a certain provisions of this chapter, or where the purposes of these regulations may be served to a greater extent by an alternative proposal, it may approve an exception to portions of these regulations so that substantial justice may be done and the public interest is secured, provided that the exception shall not have the effect of nullifying the intent and purpose of these regulations, and further provided that the city council shall not approve an exception unless it shall make findings based upon the evidence presented to it in each specific case that:

(1)

Granting the exception will not be detrimental to the public safety, health or welfare, and will not be injurious to other property or to the owners of other property, and the exception will not prevent the orderly subdivision of other property in the vicinity;

(2)

The exception will not in any manner vary the provisions of chapter 40, zoning, or the comprehensive plan or any other adopted plans of the city; and

(3)

An alternate design will generally achieve the same result or intent as the standards and regulations prescribed herein.

(4)

Such findings of the city council, together with the specific facts upon which such findings are based, shall be incorporated into the official minutes of the meeting at which an exception is considered. An exception from any provision of this chapter may be granted only when in harmony with the general purpose and intent of this chapter so that the public health, safety and welfare may be secured and substantial justice done.

(Ordinance 549, sec. 10.214, adopted 12/22/09)

§ 32-43 Nonpoint source (NPS) regulations.

Unless exempt, all applicants are required to comply with the NPS regulations as defined herein concurrent with, or prior to, the submittal of construction plans.

(Ordinance 549, sec. 10.215, adopted 12/22/09)

§ 32-44 Construction plans.

(a)

Following approval of the preliminary plat by the city council, the applicant shall submit the required number of sets of the complete construction plans for streets, alleys, storm sewers and drainage structures, water and sanitary sewer facilities, if applicable, screening and retaining walls, landscaping and irrigation, and any other required public improvements or private improvements to be maintained by a homeowners’ association, for the area covered by the preliminary plat.

(b)

The construction plans shall also contain any plans necessary to show or document compliance with the NPS regulations, on-site sewage facility rules, and any other applicable regulations and ordinances of the city that are related to development of a land parcel.

(c)

Cost estimates for construction of the infrastructure improvements shall also be submitted with the construction plans.

(d)

For the purposes of this chapter, complete sets of construction plans shall include the following plans or sheets, generally in the order shown in this subsection, as well as any additional plans or sheets deemed necessary and requested by the city engineer or city manager:

(1)

Cover or title sheet;

(2)

Approved preliminary plat;

(3)

Final site plan for nonresidential and multifamily projects only;

(4)

Existing conditions plan which shows existing topography, vegetation, tree inventory, existing natural and manmade physical features;

(5)

Existing tree and vegetation protection plan;

(6)

Grading, erosion control and water quality control plans;

(7)

Paving and storm drainage plans;

(8)

Utility plans for water, sanitary sewer or septic systems, etc.;

(9)

Traffic control plans (if necessary);

(10)

Screening and retaining wall plans; and

(11)

Landscaping and irrigation plans.

(e)

The applicant shall have these plans prepared by his own professional engineers, subject to approval of the plans by the city engineer. The city engineer shall review, or cause to be reviewed, the plans and specifications and if approved, shall mark them “Approved” and shall return one set to the applicant.

(f)

If not approved, one set shall be marked with the objections noted and returned to the applicant for correction, whereupon the applicant’s engineer shall correct the plans as requested and shall resubmit them back to the city engineer for re-review.

(1)

Once the construction plans are approved by the city engineer, the applicant shall provide additional sets of the approved plans to the city, as specified by the city engineer, for use during construction. A full set of the city-approved construction plans must be available for inspection on the job site at all times.

(2)

After approval of the preliminary plat by the city council, approval of the construction plans and specifications by the city engineer, and following procurement of all applicable permits from other appropriate agencies, such as TxDOT, TCEQ, LCRA or the county, the applicant shall cause a contractor to install or construct the improvements in accordance with the approved plans and the city’s standard specifications, and at the applicant’s expense.

(3)

The applicant shall employ engineers, surveyors or other professionals as necessary to design, stake, supervise and perform the construction of such improvements, and shall cause his contractor to construct the said improvements in accordance with this chapter and with the city’s, and any other applicable agency’s design standards.

(4)

Construction plans shall be prepared by or under the direct supervision of a professional engineer licensed in the state, as required by state law governing such professions and in accordance with this chapter and the DCM manual.

(5)

All construction plans submitted for city review shall be dated and shall bear the responsible engineer’s registration number, his designation of professional engineer (PE) and the engineer’s seal. Construction plans shall be approved by the city engineer when such plans meet all of the requirements of this chapter and the DCM manual.

(6)

As part of the construction plans, a drainage plan showing how the drainage of each lot relates to the overall drainage plan for the plat under consideration shall be submitted. The drainage plan shall be made available to each builder within the proposed subdivision and all builders shall comply with the drainage plan.

(g)

Revisions to approved preliminary plat.

Where the preparation of construction plans reveals the need for revisions to the approved preliminary plat, such revisions shall be considered minor or major according to this section.

(1)

Minor revisions.

It is generally recognized that minor revisions to the preliminary plat may be needed before the final plat can be filed at the county.

No revision to a preliminary plat shall be considered minor if it is requested more than 90-calendar days after initial approval of the preliminary plat.

Such minor revisions as slight enlargement or shifting of easements or lot lines, addition of private or franchise utility easements, correction of bearings or distances, correction of minor labeling errors, addition of erroneously omitted informational items and labels, modification of a plat note that does not amend the covenants and restrictions, and other similar revisions as determined by the city manager may occur on the final plat without having to reapprove the preliminary plat and without altering the plat’s status under V.T.C.A., Local Government Code ch. 245.

(2)

Major revisions.

Major revisions, such as obvious reconfiguration of lot lines or easements, relocation of driveways or access easements or fire lanes, any modification to the perimeter or boundary of the property, and relocation or addition or deletion of any public improvement, including corresponding easement, shall necessitate resubmission and reapproval of the plat as a revised preliminary plat and shall be considered a new project for the purpose of determining applicable regulations.

The procedures for such re-approval shall be the same as for a preliminary plat, and such reapproval shall constitute a new project thus necessitating submission of a new application form, payment of new fees, and other requirements.

(h)

Effect of approval.

Approval of construction plans authorizes the applicant, upon fulfillment of all requirements and conditions of approval, and upon construction of all required improvements, or submission of the proper assurances for construction of same, to submit an application for final plat approval. The construction plan approval shall lapse where a complete application for a final plat is not submitted within two years of the date of approval of the construction plans.

(i)

Revisions to approved construction plans.

(1)

Minor revisions.

It is generally recognized that minor revisions to construction plans may be needed.

Such minor revisions, as determined by the city engineer, shall occur prior to submission of the final plat, and may occur without having to reapprove the preliminary plat.

(2)

Major revisions.

Major revisions shall necessitate resubmission and reapproval of the construction plans.

The procedures for such reapproval shall be the same as for the original approval, and such reapproval may constitute a new project thus necessitating submission of a new application form, payment of new fees and other requirements.

(Ordinance 549, sec. 10.216, adopted 12/22/09)

§ 32-45 Final plat.

(a)

Required improvements.

The final plat shall be in accordance with the preliminary plat, as approved, and shall incorporate all applicable conditions, changes, directions and additions imposed by the commission and the city council upon the preliminary plat. The final plat shall not be approved by the city council until all utilities, including extensions, infrastructure, and other required improvements have been constructed according to the construction plans, as approved by the city engineer, unless provisions are made for the completion of the improvements in accordance with this chapter.

(b)

Submission of incomplete plat not accepted.

Final plat applications which do not include the required data, completed application form, submission fee, number of copies of the plat, record drawings, letter of satisfactory completion of the public improvements from the city, and other required information, including documentation that all required public improvements have been constructed and installed in accordance with city standards, letters from utility companies verifying their easements, and submission of the proper assurances or escrow funds for the completion of the improvements, pursuant to this chapter, will be considered incomplete, shall not be accepted for submission by the city, and shall not be scheduled on a commission agenda until the proper information is provided to city staff.

(c)

Information required on a final plat.

(1)

All information that is required for a preliminary plat, except for submission of construction plans, provided that such plans were already submitted and approved with or subsequent to the preliminary plat; and except that physical features of or on the land, such as topography, buildings, structures, water bodies and tree cover, shall not be shown on the final plat. In addition to these items, the final plat shall also provide a place for the county clerk to stamp the date and location where the plat will be filed (volume or cabinet __________, page or slide __________) in the lower right-hand corner of the plat drawing.

(2)

All aspects of the final plat shall conform to the standards of the county for plats with respect to clarity, sheet size, lettering size and reproducibility. It is the applicant’s responsibility to be familiar with the county’s standards for filing plats and to comply with same.

(3)

Approval block (required).

The approval block, property owner’s and surveyor’s certificate, special notice regarding sale of property, visibility, access and maintenance easement (to be used if applicable), fire lanes (to be used if applicable), and access easements (to be used if applicable) used on the previously approved preliminary plat shall be modified and shown on the final plat. The specific language for each certificate is available on file with the city.

(4)

Other plat language.

The plat shall include any other applicable language, such as for drainage, utilities, floodway or other special types of easements, or for a private street subdivision, as deemed appropriate and necessary by the city for the purpose of protecting the public health, safety and welfare.

(d)

Standards for approval.

No final plat shall be reviewed by the commission or approved by the city council unless the following standards have been met:

(1)

The plat substantially conforms with the approved preliminary plat and other studies and plans, as applicable;

(2)

The construction and installation of required public improvements and city utilities has been completed and the improvements have been accepted by the city as conforming to the city’s regulations and design standards, or the proper assurances for construction of the improvements have been submitted and approved by the city, as provided in article VI of this chapter; and

(3)

The plat conforms to applicable zoning, subdivision and other development related regulations, including the nonpoint source pollution control regulations, on-site sewage facility rules, if applicable, and any other applicable regulations or ordinances of the city that are related to development of a land parcel.

(e)

Record drawings.

When all of the improvements are found to be constructed and completed in accordance with the approved plans and specifications and with the city’s standards, and upon receipt by the city of a maintenance bond or certificate of deposit in accordance with article VI of this chapter from each contractor or developer, three sets of as-built or record drawing plans and one set of as-built or record drawing sepias shall be submitted with a letter stating the contractor’s or developer’s compliance with this chapter. An electronic version must also be submitted that is suitable for uploading into the city’s geographic information system (GIS) or other electronic format as specified by city staff. After such letter is received, the city manager shall receive and accept for the city the title, use and maintenance of the improvements according to section 32-176. The final plat shall not be approved prior to receipt of the letter set forth in this section and other items, or prior to acceptance of the improvements by the city.

(f)

Timing of public improvements.

(1)

The city council may permit all or some of the public improvements to be installed, offered for dedication, or accepted by the city after approval of the final plat by the city if there exists a compelling reason that is consistent with the public health, safety or welfare to do so.

(2)

The city council may permit or require the deferral of the construction of public improvements if, in its judgment, deferring the construction would not result in any harm to the public or would offer significant advantage in coordinating the site’s development with adjacent properties and off-site public improvements.

(3)

The deferred construction of any public improvements must be approved by the city council at the time of preliminary plat approval, and the necessary assurances for completion of the improvements, in accordance with of this chapter, shall be a condition of approval of the preliminary or final plat.

(g)

Effect of approval.

Approval of a final plat authorizes the applicant, upon fulfillment of all requirements and conditions of approval and upon completion of construction of all required improvements, or submission of the proper assurances for construction of same as provided by this chapter, to submit the final copies or mylars, of the plat for filing with the county. No conveyance or sale of any portion or lot of the property may occur until after the final plat is approved by the city council and filed with the county clerk.

(h)

Revisions to approved final plat prior to filing with the county.

Occasionally, minor revisions are needed after the city council approval and before the final plat can be filed at the county. Such minor revisions as correction of bearings or distances, correction of minor labeling errors, addition of erroneously omitted informational items and labels, and similar revisions as determined by the city manager, may occur on the record plat prior to filing it without the city council having to reapprove the final plat. Major revisions, such as obvious corrections or reconfiguration of lot lines or easements, relocation of driveways or access easements or fire lanes, any modification to the perimeter or boundary of the property, and relocation or addition or deletion of any public improvement, including corresponding easement, shall necessitate resubmission and reapproval of the plat as a revised final plat. The procedures for such re-approval shall be the same as for a final plat, and such reapproval may constitute a new project thus necessitating submission of a new application form, payment of new fees and other requirements.

(i)

Plat filing.

Subsequent to final plat approval by the city council, the applicant shall return copies of the final plat, as approved, with any other required documents and necessary fees attached thereto, to the city manager within 30 calendar days following approval, in accordance with requirements established by the city.

(1)

All easements shall be included on the plat, including the recording information for those easements that are filed or recorded as separate instruments, as required by utility companies and the city prior to filing the final plat, and a copy of letters from each applicable utility company shall be submitted to the city manager stating that the plat contains the proper easements.

(2)

All necessary filing materials, including mylars, reductions or blueline copies, as required by the county clerk, in addition to mylar copies and a computer disk containing the digital plat files required by the city manager, shall be returned to the city secretary with the required fees.

(3)

If the required copies and materials are not returned to the city within the specified 30-day timeframe, the approval of the final plat shall be null and void unless an extension is granted by the city council.

(4)

The city secretary shall file the final plat at the office of the county clerk within 30 calendar days following receipt of all filing materials, including filing fees.

(Ordinance 549, sec. 10.217, adopted 12/22/09)

§ 32-46 Lapse of plat approval.

(a)

Lapse of preliminary plat or construction plan approval.

(1)

Approval of a preliminary plat issued after the effective date of the ordinance from which this chapter is derived shall expire two years after the date of plat approval where a complete application for construction plans has not been submitted to the city.

(2)

Approval of construction plans issued after the effective date of said ordinance shall expire two years after the date of initial construction plan approval where a complete application for a final plat has not been submitted to the city.

(3)

The entire project shall expire five years after the date of initial approval if no progress towards completion is made. Progress towards completion of the project shall include any one or more of the following:

An application for a final plat or plan is submitted to a regulatory agency;

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;

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;

Fiscal security is posted with a regulatory agency to ensure performance of an obligation required by the regulatory agency; or

Utility connection fees or impact fees for the project have been paid to a regulatory agency.

(4)

A properly recorded final plat approved by the city shall not expire.

(5)

Any reapplication shall be considered a new project, subject to the regulations in place at the time of the reapplication.

(b)

Extension and reinstatement procedure.

(1)

Prior to the lapse of approval for a plat or construction plans, the applicant may petition the city to extend the approval. Such request shall be considered by the city council, and an extension may be granted by the city council at such meeting. Any such extension must be approved prior to the lapse of the approval. If no request for extension of plat approval is submitted by the applicant prior to the expiration date, then the plat or construction plans shall be deemed to have expired and shall become null and void.

(2)

In determining whether to grant a request for extension, the city council shall take into account the reasons for lapse and the ability of the applicant to comply with any conditions attached to the original approval. The city council shall either extend the approval or deny the request, in which instance the originally approved plat or construction plans shall be deemed to be null and void. In the event of a denial and if the plat or plans expire, the applicant must thereafter submit a new application for approval, and shall conform to the subdivision regulations then in effect.

(3)

The city council may extend the approval subject to additional conditions based upon newly enacted city regulations or state legislation, or such as are necessary to ensure compliance with the original conditions of approval and to protect the public health, safety and welfare. The city council may also specify a shorter time for extension of the approval than the original two-year approval period.

(Ordinance 549, sec. 10.218, adopted 12/22/09)

§ 32-47 Development plats.

(a)

Authority.

This section is adopted pursuant to the V.T.C.A., Local Government Code secs. 212.041 through 212.050, as amended. Development plats are not allowed for single-family lot development in residential subdivisions.

(b)

Applicability.

For purposes of this section, the term “development” means the construction of any building, structure or improvement of any nature, residential or nonresidential, or the enlargement of any external dimension thereof. This section shall apply to any land lying within the city or within its extraterritorial jurisdiction in the following circumstances:

(1)

The development of any tract of land for which the property owner claims an exemption from the city’s subdivision ordinance, including requirements to replat, which exemption is not expressly provided for in such regulations;

(2)

The development of any tract of land for which the only access is a private easement or street;

(3)

The division of any tract of land resulting in parcels or lots each of which is greater than five acres in size, and where no public improvement is proposed to be dedicated.

(c)

Exceptions.

No development plat shall be required, where the land to be developed has received final plat or replat approval prior to the effective date of the ordinance from which this chapter is derived or a plat is submitted. The city council may, from time to time, exempt other development or land divisions from the requirements of this section.

(d)

Prohibition on development.

No development shall commence, nor shall any building permit, utility connection permit, electrical connection permit or similar permit be issued, for any development or land division subject to this section, until a development plat has been reviewed by the commission, approved by the city council, and submitted with the city secretary. Notwithstanding the provisions of this section, the city shall not require building permits or otherwise enforce the city’s building ordinance in the city’s extraterritorial jurisdiction in relation to any development plat required by this chapter.

(e)

Standards of approval.

The development plat shall not be approved until the following standards have been satisfied:

(1)

The proposed development conforms to all city plans, including, but not limited to, the comprehensive plan, utility plans and applicable capital improvements plans;

(2)

The proposed development conforms to the requirements of chapter 40, zoning, if located within the city’s corporate limits, and this chapter;

(3)

The proposed development is adequately served by public facilities and services, parks and open space in conformance with city regulations;

(4)

The approved development has made adequate provision for nonpoint source pollution controls, either on site or off site (in which case appropriate easements shall be required);

(5)

Appropriate agreements for acceptance and use of public dedications to serve the development have been tendered; and

(6)

The proposed development conforms to the design and improvement standards contained in this chapter and in the DCM manual, and to the NPS regulations, on-site sewage facility rules, and any other applicable regulations or ordinances of the city that are related to development of a land parcel.

(f)

Conditions.

The city council may impose such conditions on the approval of the development plat as are necessary to ensure compliance with the standards in subsection (e) of this section.

(g)

Approval procedure.

The application for a development plat shall be submitted to the city in the same manner as a final plat, and shall be approved, conditionally approved, or denied by the city council following review and recommendation by the commission in a similar manner as a final plat. Upon approval, the development plat shall be filed at the county by the city secretary in the same manner as prescribed for a final plat; and approval of a development plat shall expire if all filing materials are not submitted to the city manager and if the plat is not filed with the county clerk within the time periods specified for a final plat.

(h)

Submittal requirements.

In addition to all information that is required to be shown on a final plat, a development plat shall:

(1)

Be prepared by a registered professional land surveyor or licensed professional engineer;

(2)

Clearly show the boundary of the development plat;

(3)

Show each existing or proposed building, structure or improvement or proposed modification of the external configuration of the building, structure or improvement involving a change therein;

(4)

Show all easements and rights-of-way within or adjacent to the development plat; and

(5)

Be accompanied by the required number of copies of the plat, a completed application form, the required submission fee and a certificate showing that all taxes have been paid on the subject property and that no delinquent taxes exist against the property in accordance with section 32-9.

(Ordinance 549, sec. 10.219, adopted 12/22/09)

§ 32-48 Minor plats and replats.

(a)

A minor plat or replat shall meet all of the informational and procedural requirements set forth for a final plat, and shall be accompanied by the required number of copies of the plat, a completed application form, the required submission fee, and a certificate showing that all taxes have been paid on the subject property and that no delinquent taxes exist against the property in accordance with section 32-9.

(b)

Notice, a public hearing, and the approval of other lot owners are not required for the approval of a minor plat or replat. Approval of a minor plat or replat may be by the city manager.

(c)

The minor plat or replat shall be entitled and clearly state that it is a minor plat or minor replat.

(d)

The minor plat or replat shall be filed with the county clerk in the same manner as prescribed for a final plat, and approval of a minor plat or replat shall expire if all filing materials are not submitted to the city and if the plat is not filed with the county clerk within the time periods specified for a final plat.

(Ordinance 549, sec. 10.220, adopted 12/22/09; Ordinance 661, sec. II, adopted 3/10/15)

§ 32-49 Replatting.

(a)

Replat required.

Unless otherwise expressly provided for herein, a property owner who proposes to replat any portion of an already approved final plat, other than to amend or vacate the plat, must first obtain approval for the replat under the same standards and by the same procedures prescribed for the final platting of land by this chapter. All improvements shall be constructed in accordance with the same requirements as for a preliminary or final plat, as provided herein. Approval of a replat or minor replat shall be considered to automatically vacate any prior plat, except as set forth in subsection (b) of this section.

(b)

Replatting without vacating preceding plat.

A replat of a final plat or portion of a final plat may be recorded and is controlling over the preceding plat without vacation of that plat where:

(1)

The replat is signed and acknowledged by the owners of the property being replatted (no signatures are required from other owners of lots in the subdivision that are not replatted);

(2)

The replat is approved, after a public hearing by the city council; and

(3)

The replat does not amend or remove any covenants or restrictions previously incorporated in the final plat.

(c)

In addition to compliance with subsections (b)(1) through (3) of this section, a replat without vacation of the preceding plat must conform to the requirements of this section if:

(1)

During the preceding five 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 residential units per lot; or

(2)

Any lot in the preceding plat was limited by deed restrictions to residential use for not more than two residential units per lot.

(3)

Notice of the public hearing required under subsection (b) of this section shall be given on or before the 15th calendar day before the date of the hearing by publication in an official newspaper or a newspaper of general circulation in the county.

(4)

Notice of the public hearing shall also be given by written notice, with a copy or description of any requested exceptions, sent to the property owners, as documented on the most recently approved ad valorem tax roll of the city, of lots that are in the original subdivision and that are within 200 feet of the lots to be replatted.

(5)

In the case of a subdivision in the extraterritorial jurisdiction, the most recently approved county tax roll shall be used. 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.

(d)

If the property owners of 20 percent or more of the total land area of lots to whom notice is required to be given under subsection (c) of this section file with the city a written protest of the replatting before or at the public hearing, or if the replat requires an exception as defined in this section, then approval of the replat will require the affirmative vote of at least three-fourths of the city councilmembers present. For a legal protest, written instruments signed by the owners of at least 20 percent of the area of the lots or land immediately adjoining the area covered by the proposed replat and extending 200 feet from that area, but within the original subdivision, must be filed with the city prior to the close of the public hearing. In computing the percentage of land area subject to the “20 percent rule” described in this subsection, the area of streets and alleys shall be included.

(e)

Compliance with subsection (c) of this section is not required for approval of a replat or part of a preceding plat if the area to be replatted was designated or reserved for other than single or duplex family residential use by notation on the last legally recorded plat or in the legally recorded restrictions applicable to the plat. For example, for a replat involving nonresidential property, a public hearing must be held, pursuant to subsection (b)(2) of this section, but notice of the hearing does not have to appear in the newspaper and written notices do not have to be mailed to individual property owners within 200 feet of the subject property.

(f)

Any replat which adds or deletes lots must include the original subdivision and lot boundaries. 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 have changed.

(g)

If the previous plat is vacated as prescribed in V.T.C.A., Local Government Code sec. 212.013, as amended, a public hearing is not required for a replat of the area vacated.

(h)

The replat of the subdivision shall meet all the requirements for a final plat for a new subdivision that may be pertinent, as provided for herein.

(i)

The title shall identify the document as a “Final Plat” of the “__________Addition, Block __________, Lot(s) __________, Being a Replat of Block __________, Lot(s) __________of the __________Addition, an addition to the city of Granite Shoals, Texas, as recorded in Volume/Cabinet __________, Page/Slide __________of the Plat Records of Burnet County, Texas.”

(j)

An application submittal for a replat shall be the same as for a final plat, and shall be accompanied by the required number of copies of the plat, a completed application form, the required submission fee, and a certificate showing that all taxes have been paid on the subject property and that no delinquent taxes exist against the property in accordance with section 32-9.

(k)

The replat shall be filed with the county clerk in the same manner as prescribed for a final plat, and approval of a replat shall expire if all filing materials are not submitted to the city secretary, and if the replat is not filed with the county clerk within the time periods specified for a final plat.

(l)

Exception.

A property owner who proposes to construct or improve a structure across two or more adjacent platted lots that already are part of a recorded plat and that, because of existing LCRA regulations, are too small to permit the construction or improvement of such structure on any one of the lots, shall not be required to obtain a replat as a prerequisite to the issuance of a building permit, certificate of occupancy, plumbing permit, electrical permit, floodplain permit, utility tap, or certificate of acceptance for required public improvements. This exception does not relieve the property owner from the responsibility to comply with all other applicable regulations.

(Ordinance 549, sec. 10.221, adopted 12/22/09)

§ 32-50 Amending plats.

(a)

An amended plat shall meet all of the informational and procedural requirements set forth for a final plat, and shall be accompanied by the required number of copies of the plat, a completed application form, the required submission fee, and a certificate showing that all taxes have been paid on the subject property and that no delinquent taxes exist against the property in accordance with section 32-9. Any amending plat shall be considered a new project for the purposes of determining rights under V.T.C.A., Local Government Code ch. 245, subject to the regulations in place at the time of filing of the amending plat.

(b)

The city manager may approve an amending plat, which may be recorded and is controlling over the preceding or final plat without vacation of that plat, if the amending plat is signed by the property owner and if the amending plat is for one or more of the purposes set forth in this section. The procedures for amending plats shall apply only if the sole purpose of the amending plat is to:

(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 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 location or character on 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:

Both lot owners join in the application for amending the plat;

Neither lot is abolished;

The amendment does not attempt to remove recorded covenants or restrictions; and

The amendment does not have a material adverse effect on the property rights of the 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:

The owners of all those lots join in the application for amending the plat;

The amendment does not attempt to remove recorded covenants or restrictions; and

The amendment does not increase the number of lots; or

(10)

Make necessary changes to the preceding plat to create six or fewer lots in the subdivision or a part of the subdivision covered by the preceding plat if:

The changes do not affect applicable zoning and other regulations of the city;

The changes do not attempt to amend or remove any covenants or restrictions; and

The area covered by the changes is located in an area that the city council has approved, after a public hearing, as a residential improvement area.

(c)

The city manager may, at his discretion and for any reason, elect to present the amending plat to the commission and the city council for consideration and approval. Any decision made on the amending plat by the city manager shall be approval of the plat. Should the city manager refuse to approve the amending plat, then the plat shall be referred to the commission and the city council for consideration within the time period required by state law.

(d)

Notice, public hearing and the approval of other lot owners are not required for the approval and issuance of an amending plat.

(e)

The amended plat shall be entitled and clearly state that it is an amended plat. It shall also state the specific lots affected or changed as a result of the amended plat, and shall include the original subdivision plat boundary. All references to final plat or replat shall be removed.

(f)

Other than noted in this section, the procedure for approval of plat amendments shall be the same as in section 32-45.

(g)

The amending plat shall be filed at the county in the same manner as prescribed for a final plat, and approval of an amending plat shall expire if all filing materials are not submitted to the city secretary, and if the plat is not filed at the county within the time periods specified for a final plat.

(Ordinance 549, sec. 10.222, adopted 12/22/09; Ordinance 661, sec. II, adopted 3/10/15)

§ 32-51 Plat vacation.

(a)

By property owner.

The property owner of the tract covered by a plat may vacate, upon review by the commission and approval by the city council, the plat at any time before any lot in the plat is sold. Any plat vacation shall be considered a new project for the purposes of determining rights under V.T.C.A., Local Government Code ch. 245, subject to the regulations in place at the time of filing of the plat vacation. 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. Instrument language is available from the city, upon request.

(b)

By all lot owners.

If some or all of the lots covered by the plat have been sold, the plat, or any part of the plat, may be vacated on the application of all the owners of lots in the plat with approval obtained in the manner prescribed for the original plat.

(c)

Criteria.

The commission shall review, and the city council shall approve, the petition for vacation on such terms and conditions as are in accordance with V.T.C.A., Local Government Code sec. 212.013, and as are reasonable to protect the public health, safety and welfare. As a condition of vacation of the plat, the city council may direct the petitioners to prepare a revised final plat in accordance with this chapter such that the property does not become unplatted.

(d)

Effect of action.

On the execution and recording of the vacating instrument, the vacated plat shall have no effect. Regardless of the commission’s and the city council’s action on the petition, the property owner will have no right to a refund of 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 commission and the city council.

(e)

City-initiated plat vacation.

(1)

General conditions.

The city council, on its motion, may vacate the plat of an approved subdivision or addition when:

No lots within the approved plat have been sold within five years from the date that the plat was signed by the city;

The applicant 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 applicant or its successor; or

The plat has been of record for more than five years and the city determines that the further sale of lots within the subdivision or addition presents a threat to public health, safety or welfare, except that the vacation shall apply only to lots owned by the applicant or its successors.

(2)

Procedure.

Upon any motion of the commission or city council to vacate the plat of any previously approved subdivision or addition, in whole or in part, the commission shall publish notice in a newspaper of general circulation in the county. The commission shall also provide personal notice to all property owners within the subdivision or addition and to the city council. The notice shall state the time and place for a public hearing on the motion to vacate the subdivision or addition plat. The commission shall recommend approval and the city council shall approve the vacation only if the criteria and conditions cited above are satisfied.

(3)

Record of notice.

If the commission and the city council approve vacating a plat, the city secretary shall record a copy of the resolution or ordinance in the office of the county clerk with a copy of the area or plat vacated. The county clerk shall write legibly on the vacated plat the word “vacated” and shall enter on the plat a reference to the volume and page at which the vacating instrument is recorded. If the commission and the city council adopt a resolution or ordinance 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 that portion that has not been vacated. On the execution and recording of the vacating instrument the vacated plat has no effect.

(Ordinance 549, sec. 10.223, adopted 12/22/09)

§ 32-52 through § 32-75. (Reserved)