A.
Authority for Approval of Minor and Amending Plats. The Administrative Official is authorized to approve all minor plats and amending plats. An applicant who is dissatisfied with the decision of the Administrative Official may request that the plat be referred to the Commission, and then the Council, for decision. If such a request is made, the filing date shall be in accordance with subsection F. of this Section.
B.
Recommendation of Commission. The Commission shall review
and recommend approval, approval with conditions or disapproval on
all preliminary plats, replats and final plats.
C.
Approval by City Council. The City Council shall receive
a recommendation from the Commission on each preliminary plat, final
plat and replat and shall then make a final decision as to the approval,
approval with conditions or disapproval of these plats.
D.
Conformance. All preliminary plats, final plats and replats shall substantially conform to any concept plan or plan for development or planned development plan approved in accordance with the requirements of the Zoning Ordinance, as well as all other applicable Ordinances, including but not limited to the Comprehensive Plan and all standards for adequacy of public facilities, where applicable. No final plat shall be approved until the City has received a Letter of Approval from JCSUD or BWSC confirming its approval of water and wastewater construction plans. Further, a final plat shall conform to the approved preliminary plat except for minor changes authorized under subsection G. of this Section.
E.
Plat Review and Conditional Approval or Disapproval. In
the event the Commission or Council conditionally approves or disapproves
a preliminary plat, final plat or replat, the Commission or Council
shall provide an applicant a written statement of the conditions for
the conditional approval or reasons for disapproval, in accordance
with Section 212.0091 of the Texas Local Government Code, as amended.
After the conditional approval or disapproval of a preliminary plat,
final plat or replat, an applicant may submit to the Commission or
Council a written response that satisfies each condition for the conditional
approval or remedies each reason provided for the disapproval, in
accordance with Section 212.0093 of the Texas Local Government Code,
as amended. In the event the Commission or Council receives such a
response from an applicant, the Commission or Council shall determine
whether to approve or disapprove the applicant's previously conditionally
approved or disapproved plat not later than the 15th day after the
date the response was submitted, in accordance with Section 212.0095
of the Texas Local Government Code, as amended.
F.
Filing Date. The thirty (30) day period for approval,
approval with conditions or disapproval of a plat, as established
in Chapter 212 of the Texas Local Government Code, as amended, shall
be the date the plat application is filed. Pursuant to Section 212.009(b-2)
of the Texas Local Government Code, as amended, upon application in
writing by an applicant, the Commission or City Council may approve
one (1) or more Extensions of the 30-day action requirement; however,
each such Extension shall not to exceed 30 additional days.
G.
Minor Changes to Preliminary Plat. Minor changes in the
design of the subdivision subject to a preliminary plat may be incorporated
in an application for approval of a final plat without the necessity
of filing a new application for approval of a preliminary plat. Any
substantial deviation in street layout or alignment, lot size or configuration,
utility and/or drainage layout, or easements shall require submittal
for consideration of a new preliminary plat. All other proposed changes
to the design of the subdivision subject to an approved preliminary
plat shall be deemed major amendments that require submittal and approval
of a new application for approval of a preliminary plat before approval
of a final plat.
H.
Authority of Administrative Official to Act upon Plats. In the event there is not sufficient time for either the Planning
and Zoning Commission or City Council to timely approve, approve with
conditions or deny any plat referenced in this Ordinance, the Administrative
Official is authorized to approve, approve with conditions or deny
any such plat. The disapproval of any such plat by the Administrative
Official may be appealed to the Planning and Zoning Commission.
(Ordinance 797-2020 adopted 10/15/20; Ordinance
870-2023 adopted 8/17/2023)
A.
Preliminary
Plat.
Approval of the preliminary plat expires two (2)
years after the approval date. For a phased subdivision, any part
of the preliminary plat which has not been final platted shall expire
after two (2) years from the completion of the previous phase if a
new phase is not started.
B.
Other Plats.
A final plat, replat, vacation plat, amending or minor plat
which has not been recorded in the County Records within two (2) years
from the date of approval shall expire.
C.
Resubmittal.
Upon the expiration of a plat, unless the City makes a determination that the applicant has made progress, as that term is defined by Section 10.5.3, the applicant must resubmit an application for approval, including payment of a fee established by the City Council and complete the review process.
D.
Extension
and Reinstatement Procedure.
1.
Not later
than sixty (60) days prior to the lapse of approval for a preliminary
or final plat, the property owner may petition the Commission to extend
or reinstate the approval. The petition shall be considered at a public
meeting of the Planning and Zoning Commission.
2.
In determining
whether to grant such request, the Commission shall take into account
the reasons for the lapse, the ability of the property owner to comply
with any conditions attached to the original approval, the extent
to which the property owner agrees to abide by newly adopted subdivision
regulations, and any changed conditions in the surrounding area which
would make an extension undesirable. The Commission shall extend its
approval of the plat or deny the request. In the event the Commission
denies extension of the preliminary or final plat, the property owner
must submit a new application for approval.
3.
The Commission
may specify a shorter time for lapse of the extended plat that is
applicable to original approvals but shall not extend the period that
a preliminary or final plat approval is valid to more than one (1)
year from the date the original approval expires.
(Ordinance 797-2020 adopted 10/15/20)
A project shall expire on the fifth anniversary of the date
the application for the first permit application for the project was
filed with the City if no progress has been made towards completion
of the project. For purposes of this Section, “project”
means an endeavor over which a regulatory agency exerts its jurisdiction
and for which one or more permits are required to initiate, continue,
or complete the endeavor. Progress towards completion of the project
shall include any one of the following:
A.
An application
for a final plat or plan for development is submitted to a regulatory
agency.
B.
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.
C.
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 (5%)
of the most recent appraised market value of the real property on
which the project is located.
D.
Fiscal security
is posted with a regulatory agency to ensure performance of an obligation
required by the regulatory agency.
E.
Utility connection
fees or impact fees for the project have been paid to a regulatory
agency.
(Ordinance 797-2020 adopted 10/15/20)
All minor plats will be accepted for review in accordance with Section 10.4.2, plat review comments generated and a copy of this review given to the applicant. It will be the applicant’s responsibility to revise the plat as needed to receive approval from City Staff. Upon approval of a minor plat, the Administrative Official and City Secretary shall attest to the approval of the plat by signing the plat. If the plat complies with Section 10.5.10 [Section 10.5.6] hereof, the Administrative Official will file the plat in accordance with this Ordinance. If the plat does not meet the requirements of this Ordinance, the Administrative Official shall deny the plat.
(Ordinance 797-2020 adopted 10/15/20)
A.
Generally.
An amending plat will be accepted for review in accordance with Section 10.4.2. After an application for approval of an amending plat has been determined to be complete, the Administrative Official shall forward the application to other City departments for review to determine whether the application complies with applicable ordinances. The Administrative Official shall, within a reasonable time, generate plat review comments, notify the applicant of same. It is the applicant’s responsibility to revise the application to meet the requirements of this Ordinance.
B.
Action.
The Administrative Official shall take action upon the application. Upon approval, the Administrative Official shall sign the plat. If the plat meets the requirements of Section 10.5.10 [Section 10.5.6] hereof, the Administrative Official will record the plat. If the plat does not meet with requirements of this Ordinance, the Administrative Official shall deny the plat and provide a written statement to the applicant of the conditions for approval or reasons for disapproval.
C.
Alternative.
Should any of the conditions imposed pursuant to this Ordinance
prove unacceptable to the applicant, the applicant may submit an application
for a replat. An amending plat may be submitted and processed as a
replat.
(Ordinance 797-2020 adopted 10/15/20)
A.
Requirements.
For aplat to be recorded after approval, all conditions of approval
must be satisfied, including, but not limited to, the following:
1.
All required
fees shall be paid, including park dedication, if required and tree
replacement fees, if required.
2.
All plats
shall be provided in an electronic format approved by the Administrative
Official.
3.
All covenants
required by ordinances shall be reviewed and approved by the City.
4.
On-site
easements and rights-of-way shall be properly described and noted
on the plat.
5.
Off-site
easements and rights-of-way shall be dedicated by the respective owners,
approved by the City and filed of record with the County.
6.
All required
abandonments of public rights-of-way or easements that must be approved
by the City Council and the abandonment ordinance numbers shall be
shown on the plat.
7.
Original
tax certificates showing that all taxes are paid, as well as a statement
from the City that no outstanding monies are owed to the City shall
be presented from each taxing unit with jurisdiction of the real property.
8.
A copy
of the executed developer’s agreement, if one was required to
be executed, shall be submitted.
9.
For proposed
improvements that have yet to be constructed, the required financial
assurance and contractor’s proof of insurance for any proposed
public improvements shall be provided.
11.
For proposed
improvements that have yet to be constructed, evidence of approval
of any necessary permits from the Texas Department of Transportation,
any utility district, the U.S. Army Corps of Engineers, or any other
state or federal agency shall be submitted.
12.
Any lienholder
of the property to be platted must execute a statement on the plat
or a separate instrument subordinating the lienholder’s interest
to the plat and the dedications thereon.
13.
A title
report is completed and provided to the City.
14.
It shall
be the policy of the City of Joshua that all water and wastewater
improvements shall be in accordance with the JCSUD or BWSC regulations.
No plat will be recorded without a final approval letter from JCSUD
or BWSC.
B.
Proof of
Ownership.
The applicant shall furnish the City proof
of ownership, covering the platted area dedicated to the City. The
documents shall reflect that the applicant has fee simple title to
the property to be dedicated with no encumbrances except for those
liens for which consents have been filed and shall be updated to the
date the City Engineer releases the plat to be filed with the County
Clerk.
C.
Recording.
Within fourteen (14) days after plat approval and compliance
with all stipulations of approval and the requirements of this Section,
the City shall record the plat in the County plat records. The final
plat shall not be returned or released to the developer until recorded.
D.
Original
Signatures on Mylar.
All revisions to the plat shall
be made prior to running the black-line mylars which are to be signed
by the owner, notary, surveyor, and City representatives. The City
will then obtain signatures of the appropriate City representatives.
E.
Copies of
Mylars and Indexing.
In addition to County submission
requirements, one (1) full size mylar and one (1) full size paper
copy shall be submitted, including four paper copies photographically
reduced to eight-and-a-half inches (8-1/2") by eleven inches (11")
after obtaining original signatures for filing in the county records.
Where more than one sheet is needed, an index showing the entire subdivision
shall be added to the first sheet or provided on a sheet of its own
to be filed with the plat.
F.
Special
Filings.
In the event that the applicant requests a special
filing with the County, a check payable to the City shall be submitted
to the City Secretary in the amount of the appropriate fee and expenses.
Fees for special filings of plats shall be set by the City Council.
(Ordinance 797-2020 adopted 10/15/20; Ordinance
871-2023 adopted 9/21/2023)
