Prior to preparation of the preliminary plat, it is recommended the subdivider request a preapplication meeting. Such step does not require formal application, fee or filing of any plat. At such meeting, the staff will be able to make any suggestions that would direct the proposed subdivision toward desirable objectives and possibly prevent unnecessary work if such objectives are not met.
(Ordinance 20-06 adopted 7/30/20)
Once the determination has been made that a plat is required, the subdivider shall submit a preliminary plat, together with any supplementary data and information deemed necessary, to the commission.
(1) 
Conditional approval or disapproval.
The commission shall conditionally approve or disapprove any preliminary plat within 30 days from the date the preliminary plat is filed. Conditional approval of the preliminary plat as such shall not constitute final acceptance or approval of the subdivision, except that such conditional approval is a commitment on the part of the city to accept a subsequent final plat when such final plat is in conformance with the conditionally approved preliminary plat. If no action by the commission to disapprove a preliminary plat is taken within the 30-day period from the date of filing, the preliminary plat is deemed to have been approved and a certificate showing such filing date and the failure to take action within 30 days from the filing date shall, on demand, be issued by the commission, and the certificate shall be sufficient in lieu of a written endorsement or other evidence of approval.
(Ordinance 20-06 adopted 7/30/20)
Where the proposed subdivision constitutes a larger tract owned by the subdivider which he intends to subsequently divide as additional phases of the same subdivision, the subdivision plat shall be accompanied by a layout of the entire area, showing the tentative proposed layout of streets, blocks and drainage for such area. The overall layout, if approved by the commission, shall be attached to and filed with a copy of the approved subdivision plat in the permanent files of the director and the commission. Thereafter, the phasing of final plats of such subdivision may be submitted without additional preliminary plat approval provided that subsequent final plats must be submitted within a period of 12 months. Each subsequent phase of the subdivision plat submitted for approval shall be adjacent to a portion previously. The subdivider may request an extension of an additional 12-month period of preliminary plat validity; said request must be in writing and shall be heard by the commission during a regularly scheduled meeting. Approval of the continuation of a preliminary plat by the commission shall be for no more than one extension period. Any final plat requested for approval during the 12-month period, or the 12-month extension period shall conform to such approved overall layout, unless changed by the commission. Where the subdivider does not agree to such change, the commission may change such approved overall layout only when it finds that adherence to the previously approved overall layout will:
(1) 
Hinder the orderly subdivision of other land in the area in accordance with the provisions of these regulations; or
(2) 
Be detrimental to the public health, safety or welfare, or will be injurious to other property in the area.
(Ordinance 20-06 adopted 7/30/20)
Following conditional approval of the preliminary plat, the subdivider shall cause a final plat to be prepared, together with supplementary data for formal submission to the commission.
(1) 
The subdivider shall submit the following at the time of filling the final plat:
(A) 
A tax certificate from the city, and other officials of taxing agencies within whose jurisdiction the proposed subdivision lies, to the effect that all ad valorem taxes have been paid on the land included within the subdivision.
(B) 
A utility certificate from the director approving the proposed utilities layout and indicating that adequate service is available to the subdivision.
(C) 
The following data, in duplicate, prepared and stamped by a registered engineer shall be presented to and approved by the director before any subdivision shall be approved by the commission:
(D) 
Streets, alleys, sidewalks, crosswalks and monuments;
(E) 
Storm drainage data and proposed drainage structures;
(F) 
Water and sewer data and proposed structures.
(G) 
An erosion control plan and grading plan in compliance with local, state, and federal guidelines.
(H) 
A title opinion or other document duly certified by a title attorney or appropriate authority indicating the ownership of the property being subdivided.
(I) 
A filing fee, per subdivision, as established by the council and on file in the city secretary’s office shall be paid by the subdivider.
(i) 
All subdividers completing a plat in the city or its extraterritorial jurisdiction shall be required to file with the city a corporate surety bond, letter of credit, or other financial instrument issued by a Texas bank and payable to the city, in the amount of 110 percent of the estimated cost of improvements. The bond will be kept current while any subdivision work is being pursued by the subdivider and until improvements on areas submitted by the subdivider as offered to the general public for sale are certified as being complete by the city director. Certification by the director of failure to complete the improvements on areas identified by the subdivider as offered for sale to the general public to the standards required in these regulations shall constitute grounds to call on the bonding company for payment of the bond. No final plat shall be approved or recorded until the bond has been filed with the city. When the bond is filed, the city shall issue a certificate to the subdivider identifying him as a bonded subdivider. In lieu of a bond, the subdivider may submit a letter of credit from a local or Texas bank, or cash. In all cases, the amount of funds required to guarantee the completion of all public utilities and infrastructure by the developer shall not be less than 110 percent of the estimated cost of utility and infrastructure completion.
(ii) 
A letter of submittal indicating estimated construction cost shall be submitted to the director prior to submittal of any bond or other construction guarantee. The director must be in agreement with the estimated construction and installation cost of utilities and infrastructure prior to submittal of the bond or other guarantee. If agreement on cost cannot be met, a third party professional director may be sought to submit a third qualified opinion of cost. Any cost related to the third party opinion shall be borne by the developer; further, the city director must agree to the choice of any third party public works opinion.
(2) 
Standards for approval.
No final plat shall be approved by the director, the commission or the council unless the following standards have been met:
(A) 
The plat substantially conforms to the approved preliminary plat, and all conditions of approval thereof, if a preliminary plat was required.
(B) 
Where the final plat includes only a portion of the area of the approved preliminary plat, and a phasing plan for final plats has not previously been approved by the commission, the partial plat is determined to provide adequate street and alley circulation and otherwise to represent a logical and well-planned phasing of the development and that adequate provision for public improvements has been made.
(C) 
Required public improvements have been constructed and accepted, or a development agreement setting forth a schedule of phasing and construction and providing for security for the subsequent completion of improvements has been accepted by the city.
(D) 
The plat conforms to applicable zoning and other city regulations, and provisions of state law.
(E) 
Provision has been made for adequate public facilities under the terms of these regulations.
(F) 
The plat meets all other requirements of these regulations, subject to approval of any variances.
(3) 
Approval procedure.
(A) 
Review by director.
The director, following determination that the application is complete, shall transmit copies of the final plat to the administrator and Texas Department of Transportation when the land to be subdivided abuts a state or state-maintained highway. The director shall forward all legal documents to the city attorney for approval as to form. The director shall review the plat for conformance with the requirements of these regulations and shall make recommendations to the commission for approval or disapproval of the final plat. The director shall notify the property owner of any recommended changes or suggestions so that the final tracing or other required material may be corrected and resubmitted for final approval.
(B) 
Time requirement.
The commission shall act on the final plat within 30 days after the filing of the plat or corrected plat, as may be the case, unless such time is extended by agreement with the subdivider or his agent. If approved, the chairman and vice chairman of the commission shall affix their signatures to the plat denoting final approval. If not approved within 30 days from the date of filing, the commission shall disapprove and reject the plat with the right to reconsider same when the objections are cured.
(C) 
Recording.
Upon approval of the final plat, the commission shall immediately forward the plat to the city secretary, who shall record one copy of the plat and requisite documents in the office of the county clerk.
(4) 
Effect of approval.
Approval of a final plat shall certify compliance with the regulations of the city pertaining to the subdivision of land. An approved and signed final plat may be used to reference lots and interests in property thereon defined for the purpose of conveyance and development as allowed by these regulations.
(Ordinance 20-06 adopted 7/30/20)
(a) 
A short form procedure, omitting the filing of the preliminary plat, may be submitted for approval by the director when the proposed subdivision or resubdivision meets the following requirements:
(1) 
The proposed subdivision contains four lots or less, all fronting on a previously dedicated and constructed street of an adequate width, and situated so that no additional streets, alleys, easements or other public property are required in order to meet the requirements of these regulations.
(2) 
The utilities and drainage facilities, as required in these regulations, are in place to serve each lot in the proposed subdivision and require no alterations, or satisfactory arrangements have been made to effect any necessary alterations.
(3) 
The proposed subdivision abuts property which has previously been subdivided.
(4) 
A filing fee, per subdivision, as established by the council and on file in the secretary’s office shall be paid by the subdivider.
(b) 
Procedure.
Submittal requirements and approval standards shall be the same as for other final plats. The director shall approve the minor plat within 30 days from the date the application is filed. If the director determines not to approve the plat, he shall transmit the plat to the commission for its consideration within sufficient time to enable the commission to act on the plat within 30 days from the date the application is filed. The time for approval of the plat may be extended by agreement with the property owner.
(Ordinance 20-06 adopted 7/30/20)