A.
Classification
of Subdivisions:
Land proposed to be subdivided shall
be classified according to one of the following:
1.
Minor
Subdivision:
Minor plat approval requires the submission
of a final plat. The City Administrator or Designee may approve or
deny minor plats or refer them to the Commission for their action.
Staff decisions concerning minor plats may be appealed by the applicant
to the Commission. Minor subdivisions may be approved for residential
and nonresidential properties. Any subdivision that meets all the
following criteria would be classified as a minor plat:
a.
The
subdivision will not result in the creation of more than five (5)
lots fronting on an existing street built to City standards and will
not require the construction of any new street or road;
b.
The
subdivision will not require the extension of municipal facilities
or the creation of any public improvements;
c.
The
subdivision is consistent with the applicable provisions and portions
of the current Comprehensive Plan;
d.
The
City Engineer has determined, following review of the applicant’s
preliminary drainage information, that no detailed drainage plan or
improvements are needed; and
e.
The
proposed subdivision does not have any topography, access, sewage
disposal or design concerns that would warrant review and consideration
within the requirements of the Major Subdivision classification designation.
2.
Major
Subdivision:
Any subdivision not classified as a minor
subdivision, including but not limited to any sized subdivision requiring
any new street, extension of municipal facilities or the creation
of public improvements and which will be served with public sewer
upon development.
B.
Procedure
by Classification:
Before any land is subdivided, the
owner of the property proposed to be subdivided, or his authorized
agent, shall apply for and secure approval of the proposed subdivision
in accordance with the following procedures:
C.
Pre-Submittal
Meeting:
Before preparing and submitting a land study,
preliminary plat or final plat, the applicant shall schedule a meeting
with the City Administrator or Designee and City Engineer to discuss
the proposed subdivision and existing conditions, projected conditions,
and the regulations and ordinances that will impact the development,
including:
1.
The subdivision
classification;
2.
the procedure
for approval of plats;
3.
the availability
of existing services, including sewer, water, emergency services,
schools, etc.;
4.
the current
Comprehensive Plan requirements for major streets, land use, parks,
schools and public open spaces;
5.
the zoning
requirements for the property in question and adjacent properties;
6.
the required
improvements and design criteria; and
7.
the applicable
fees.
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In addition, staff shall direct the applicant, when appropriate,
to discuss the proposed subdivision with those staff or officials
who must eventually approve specific aspects of the subdivision plat
falling within their jurisdiction or responsibility.
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D.
Official
Submission Dates:
For the purpose of these regulations,
for major and minor plats and land studies, the date of the Commission
meeting at which the application is first considered, shall constitute
the official submission date of the plat on which the statutory period
(30 days) required for formal approval, conditional approval or disapproval
of the Preliminary or Final Plat shall begin.
E.
Application
and Review Schedule:
With the approval of the Commission,
the City Administrator or Designee shall publish at least 30 days
prior to the beginning of each year a calendar of official application
dates. This calendar, known as the City of Wilmer Application and
Review Schedule, shall specify at least one application deadline for
each month. All applications delivered to the City on a date other
than a scheduled date shall be dated received on the next official
application date.
F.
Statutory
Compliance Procedure:
After verifying application completeness
along with a letter of concurrence from the City Engineer, the City
Administrator or Designee shall place the application on a scheduled
meeting of the Commission in accordance with the adopted City of Wilmer
Application and Review Schedule. The Commission shall approve or disapprove
the application, or identify requirements to be satisfied prior to
approval of the application, at the meeting. If the Commission fails
to approve or disapprove an application within 30 days of the official
submission date, the application shall be deemed approved. However,
the identification of requirements by the Commission which remain
to be satisfied prior to plat approval, shall constitute disapproval
of the application for purposes of statutory compliance only. Unless
the Commission unconditionally disapproves the plat application within
such period, the City shall continue to process the application for
compliance with these regulations. The Commission may not table a
land study, preliminary plat and final plat, but may request the applicant
to withdraw. These items must be withdrawn by the applicant if the
applicant is not ready to proceed. The applicant may resubmit the
project with no additional fees if it is rescheduled within 60 days
of the date of withdrawal. The Commission shall consider the application
within 30 days.
(Ordinance 09-0604 adopted 6/4/09; Ordinance 14-1016, sec. 4, adopted 10/16/14)
A.
Intent:
The Land Study gives general guidance in preparing a preliminary
or final plat. This plat is a conceptual representation of the applicant’s
desire and ability to meet the standards of these regulations. The
land study is expected to be modified as more detailed planning and
engineering is completed. Dimensions, measurements, and calculations
shown on the land study are assumed to be illustrative.
B.
Applicability:
A land study shall be required as a condition precedent to approval
of any application for a major plat, except where the City Administrator
or Designee determines:
C.
Phasing
of Development:
The Commission may permit a land study
for a major plat to be divided into two or more phases, as indicated
on the land study, provided each phase satisfies the requirements
of this ordinance. In considering phasing of a land study, the Commission
may approve certain conditions as it deems necessary to assure the
orderly development of the platted land. Such conditions may include
but are not limited to temporary street and alley extensions, temporary
culs-de-sac, and off-site utility extensions.
D.
Application
Procedure and Requirements:
At the time of the land study
meeting, the land owner or his authorized agent shall submit:
1.
A completed
application as made available at Wilmer City Hall.
2.
Fees:
A filing fee and deposit shall be charged and collected from
the applicant in an amount as established by the City Council by ordinance
or resolution. A separate filing fee and deposit shall be required
for each land study application. The land study shall not be accepted
for filing until the filing fee and deposit has been paid by the applicant.
3.
Submittal
Materials:
The applicant shall submit one original and
ten (10) folded prints or copies of the land study. These plans shall
be filed with the City Administrator or Designee according to the
adopted City of Wilmer Application and Review Schedule.
4.
Identification
of all contiguous holdings of the owner including land in “common
ownership” as defined in these regulations, with an indication
of the portion which is proposed to be subdivided, accompanied by
an affidavit of ownership, which shall include the dates the respective
holdings of land were acquired, together with the book and page where
each conveyance to the present owner is recorded at the County. The
affidavit shall identify the legal owner of the property, the contract
owner of the property, the date the contract of sale was executed,
and, if any corporations are involved, a complete list of all directors,
officers, and stockholders of each corporation owning more than five
percent of any class of stock.
E.
Submittal
Requirements:
Land Studies shall be drawn to a convenient
scale of 1" = 100' or larger and shall contain the following information:
1.
Proposed
or existing name of subdivision;
2.
Graphic
scale, north arrow and date;
3.
Existing
conditions, including:
a.
Location
of property lines, existing easements, rights-of-way, watercourses,
major vegetation and location width and name of all existing or platted
streets or other public ways within 200 feet;
b.
Location
and size of existing sewers, water mains, culverts and other utilities
within the tract and immediately adjacent to the tract;
c.
Existing
buildings;
d.
Existing
topography (at the same scale as the land study);
e.
Existing
floodplain;
f.
Soil
types and general location for all subdivisions proposed to be developed
without access to public sanitary sewer; and
g.
A vicinity
map and/or aerial photography showing streets, street names and other
general development of the surrounding area.
4.
Proposed
layout, including:
a.
The
approximate location of proposed streets;
b.
Preliminary
proposals for connection with existing utilities, or alternative means
of providing services;
c.
Preliminary
provisions for collecting and discharging surface water drainage;
d.
The
approximate location, dimensions, and area of all land to be dedicated
for public use including rights-of-way and parkland.
F.
Land Study
Action:
After review of the land study, the report and
recommendations of the City Administrator or Designee and Exhibits
submitted at a scheduled meeting, the Commission and the City Council
shall approve, conditionally approve or disapprove the land study.
One (1) copy of the proposed land study shall be returned to the owner
with the date of approval or disapproval and the reasons thereof accompanying
the copy. If the Commission disapproves the proposed land study, the
applicant may execute an appeal in the manner prescribed in Section
1.16.
G.
Effect
of Approval:
Approval of the land study by the Commission
and City Council constitutes authorization by the City for the property
owner to submit application for approval of a preliminary plat subject
to compliance with any conditions attached to approval of the land
study. The approval of any study or plat other than a preliminary
plat does not certify the availability or capacity of infrastructure
or that the property is suitable for development. The determination
of infrastructure needs a [and] capacity and the delineation of floodplain
or other limitations on development will be done only during the review
and approval of either a preliminary or final plat complete with required
engineering plans and studies.
H.
Lapse of
Land Study Approval:
The approval of any phase or phases
of a land study, which is intended for development, shall automatically
expire unless such phase or phases have been submitted and approved
by the Commission and City Council as a preliminary plat within two
(2) years of the date.
(Ordinance 09-0604 adopted 6/4/09; Ordinance 14-1016, sec. 4, adopted 10/16/14)
A.
Intent:
The preliminary plat contains accurate preliminary planning
and engineering. Although not a survey, the accuracy and design is
such that only minor changes are to be expected in the final plat.
Only minor revisions warranted by final engineering, surveying or
other required changes are expected following approval of the preliminary
plat. The preliminary plat serves as a benchmark for reviewing and
approving the final plat. A revised preliminary plat may be required
for any subdivision that proposes a major deviation from a previously
approved preliminary plat at the time of final plat application.
B.
General:
1.
Preliminary
plat submittal is required for all major subdivisions prior to the
construction of public improvements.
2.
The purpose
of the preliminary plat is to allow the Commission and/or City Council
to evaluate the proposed plat for conformity with the requirements
and conditions identified at the time of land study approval and to
evaluate construction plans for public improvements or to provide
adequate security for construction of the same.
C.
Application
Procedure and Requirements:
1.
Application:
Preliminary plat application shall be made on forms available
at Wilmer City Hall. All applications shall be filled out in their
entirety. Applications shall be reviewed by City staff for completeness
within ten (10) working days of filing. If the City determines that
the application is complete, the application shall then be processed.
If the City determines that it is incomplete, the City shall, within
such ten-day period, notify the applicant of the specific ways in
which the application is deficient. Incomplete applications will not
be accepted, or placed on an agenda for review and consideration.
As such, applicants are encouraged to submit applications earlier
than the deadlines specified in the adopted City of Wilmer Application
and Review Schedule.
2.
Fees:
A filing fee and deposit shall be charged and collected from
the applicant in an amount as established by the City Council by ordinance
or resolution. A separate filing fee and deposit shall be required
for each preliminary plat application. The preliminary plat shall
not be accepted for filing until the filing fee and deposit has been
paid by the applicant.
3.
Submittal
Materials:
The applicant shall submit one original and
ten (10) folded prints or copies of the preliminary plat. These plans
shall be filed with the City Administrator or Designee according to
the adopted City of Wilmer Application and Review Schedule.
D.
Preliminary
Plat Features:
All Preliminary Plats shall contain:
1.
Scale
of the plat, 1" = 100' or larger.
2.
A vicinity
map at a scale of 1" = 1000' or larger, showing streets and street
names within 500 feet of the boundaries of the proposed subdivision.
3.
The proposed
name of the subdivision. The name shall not duplicate or too closely
resemble the name or names of an existing subdivision(s).
4.
The location
of the boundary lines of the subdivision and reference to the section
or quarter section lines.
5.
The names
and addresses of the subdivider, developer, owner, and the engineer
or land surveyor who prepared the plat.
6.
Date of
preparation and north point.
7.
Existing
conditions:
a.
Current
zoning classification, existing, projected and proposed land use.
b.
Location,
width and name of platted streets or other public ways, railroads
and utility rights-of-way, parks and other public open spaces and
permanent buildings within or adjacent to the proposed subdivision.
c.
All
existing sewers, water mains, gas mains, culverts, or other underground
installations, within or adjacent to the proposed subdivision, with
pipe size and manholes, grades and location.
d.
Names
of adjacent subdivisions together with arrangement of streets and
lots, and owners of adjacent parcels of unsubdivided land.
e.
Topography
with contour intervals of not more than two feet, referred to City
or U.S.G.S. datum; where the ground is too flat for contours, spot
elevations shall be provided.
f.
Location
of watercourses, bridges, wooded areas, lakes, ravines, floodplain,
and such other features as may be pertinent to the subdivision.
g.
Soil
types and location for all subdivisions proposed to be developed without
access to public sanitary sewer.
8.
Proposed
improvements:
a.
The
general arrangements of lots and their approximate size. Staged subdivisions
shall indicate lots to be developed initially as well as future lots.
Additional sheets may be warranted based upon the size of the proposed
development or to show staged development plans.
b.
Location
and width of proposed streets, alleys, and pedestrian ways and easements,
including easements required for staged subdivision as applicable.
c.
The
general plan of sewage disposal, water supply and drainage, including
a map showing the drainage area of each major drainage way.
d.
Location
and size of proposed parks, playgrounds, churches, school sites or
other special uses of land to be considered for reservation or dedication
for public use. Including calculations for required open space dedication.
e.
General
street layout of adjacent property within 200 feet to show how streets
and other public facilities in the proposed subdivision relate to
the adjacent property.
f.
Approximate
gradient of streets.
g.
Relation
to adjacent unsubdivided land.
h.
A table
showing gross acreage of the subdivision; acreage of each applicable
zoning district; acreage dedicated to streets and other public uses;
total number of buildable lots for each use proposed; maximum, minimum
and average lot sizes for each use proposed; and overall density.
E.
Supplemental
Data.
The following additional information shall be submitted
with the Preliminary Plat at the time of application:
1.
Review
by Public Utilities:
The applicant shall have the proposed
plat reviewed by all affected utility companies or agencies to ensure
that adequate easements are provided and shall submit a letter from
each utility or agency regarding their review and comments on the
plat.
2.
Preliminary
Grading Plan:
The subdivider shall submit a preliminary
grading plan including, existing and proposed land elevations, contours,
and slopes. This plan shall be forwarded to the City Engineer. These
plans are not intended to be detailed suitable for construction.
3.
Preliminary
Landscaping Plan:
The applicant shall submit a preliminary
landscaping plan, showing at a minimum landscaping easements required
per the City of Wilmer Zoning Regulation requirements for landscaping
and buffering. This plan is not intended to be detailed suitable for
construction.
4.
Drainage
Study:
The subdivider shall submit a drainage study for
the proposed site. The content of said drawings is set out in Section
4.06.
F.
Preliminary
Plat Action:
After the Commission and City Council has
reviewed the preliminary plat, applicable reports submitted, and any
additional materials submitted, the Commission shall approve, conditionally
approve, or disapprove the preliminary plat within thirty (30) days
from the Official Submission date. If the preliminary plat is approved
conditionally for further consideration, the applicant shall be advised
of any required changes and/or additions necessary for approval.
G.
Action by
the Commission and City Council shall be conveyed to the applicant
in writing within ten (10) working days after the meeting at which
the plat was considered. One (1) copy of the preliminary plat shall
be returned to the developer with the date of approval, conditional
approval, or disapproval and the reasons therefor accompanying the
plat. The approval of the preliminary plat does not constitute and
[an] acceptance of the subdivision, but is deemed to be an authorization
to proceed with the platting process.
H.
Standards
for Approval of a Preliminary Plat.
No preliminary plat
of a proposed subdivision shall be approved by the Commission and
City Council unless the applicant proves by clear and convincing evidence
that:
1.
Provisions
have been made for adequate public facilities. The water supply system
shall be sufficient in terms of quantity, dependability and quality
to provide an appropriate supply of water for the type of subdivision
proposed. If a public sewage system is proposed, adequate provision
has been made for such a system and if other methods of sewage disposal
are proposed, that such systems will comply with federal and state
laws and regulations in addition [to] the requirements of these regulations;
2.
All areas
of the proposed subdivision that may involve soil or topographic conditions
presenting hazards or special precautions have been identified by
the applicant and that the proposed uses of these areas are compatible
with such conditions;
3.
The proposed
subdivision will not result in the scattered subdivision of land that
leaves undeveloped parcels of land lacking urban services between
developed parcels; and
4.
The applicant
has taken every effort to mitigate the impact of the proposed subdivision
on the public health, safety and welfare.
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The Commission is authorized to disapprove the Preliminary Plat
even though the land proposed for subdivision is zoned for the use
to which the proposed subdivision will be put and the proposed use
is consistent with the current Comprehensive Plan.
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I.
Lapse of
Preliminary Plat Approval:
The approval of a preliminary
plat shall be effective for a period of two (2) years from the date
that the preliminary plat is approved by the Commission or City Council,
at the end of which time the applicant must have submitted and received
approval for a final plat. If a final plat is not submitted and approved
within two (2) years, the preliminary plat shall be null and void,
and the applicant shall be required to submit a new plat for land
study review subject to the then-existing zoning restrictions and
subdivision regulations.
(Ordinance 09-0604 adopted 6/4/09; Ordinance 14-1016, sec. 4, adopted 10/16/14)
A.
At any time
following the approval of a land study or preliminary plat, and before
the lapse of such approval, a property owner may request an amendment.
The rerouting of streets, addition or deletion of alleys, or addition
or deletion of more than 10% of the approved number of lots shall
be considered a major amendment. The adjustment of street and alley
alignments, lengths and paving details; the addition or deletion of
lots within 10% of the approved number and the adjustment of lot lines
shall be considered minor amendments.
B.
The City
Administrator or Designee may approve or disapprove a minor amendment.
Disapproval may be appealed to the Commission. Major amendments may
be approved by the Commission at a public meeting in accordance with
the same requirements for the approval of a land study or preliminary
plat.
C.
Approval:
The Commission and City Council shall approve, conditionally
approve or disapprove any proposed major amendment and may make any
modification in the terms and conditions of the land study and preliminary
plat approval reasonably related to the proposed amendment.
D.
Retaining
Previous Approval:
If the applicant is unwilling to accept
the proposed amendment under the terms and conditions required by
the Commission, the applicant may withdraw the proposed major amendment
or appeal the action of the Commission to the City Council.
(Ordinance 09-0604 adopted 6/4/09; Ordinance 14-1016, sec. 4, adopted 10/16/14)
A.
Intent:
The final plat should be in substantial conformance with the
preliminary plat and should reflect a final subdivision layout based
upon completed Construction Documents. The final plat is the document
to be recorded. All construction shall be in accordance with the final
plat and Construction Documents.
B.
General:
1.
Final
plat submittal is required for all subdivision classifications.
2.
The purpose
of a final plat is to record the subdivision of property including
the accurate description of blocks, rights-of-way, easements, building
lines and street names.
3.
The final
plat shall conform substantially to the approved preliminary plat.
4.
The final
plat may constitute only a portion of the preliminary plat that the
applicant proposes to record and develop.
C.
Application
Procedure and Requirements:
1.
Application:
Final plat application shall be made on forms available at Wilmer
City Hall. All applications shall be filled out in their entirety.
Applications shall be reviewed for completeness within ten (10) working
days of filing. If the City determines that the application is complete,
the application shall then be processed. If the City determines that
it is incomplete, the City shall, within such ten-day period, notify
the applicant of the specific ways in which the application is deficient.
Incomplete applications will not be accepted, or placed on an agenda
for review and consideration. As such, applicants are encouraged to
submit applications earlier than the deadlines specified in the adopted
City of Wilmer Application and Review Schedule.
2.
Fees:
A filing fee and deposit shall be charged and collected from
the applicant in an amount as established by the City Council by ordinance.
A separate filing fee and deposit shall be required for each final
plat application. The final plat shall not be accepted for filing
until the applicant has paid all applicable filing fees and deposits.
3.
Submittal
Materials:
The applicant shall submit one original on
mylar, ten (10) folded prints or copies, and an electronic copy of
the final plat. Electronic copies shall be in a format compatible
with the City’s designated software. These materials shall be
filed with the City Administrator or Designee according to the adopted
City of Wilmer Application and Review Schedule.
D.
Final Plat
Features.
All Final Plats shall contain:
1.
Scale
of plat, 1" = 100' or larger, on 24" x 36" sheets. If more than one
sheet is required to cover the entire development, an index map of
the same dimensions shall be filed showing the entire development
at a smaller scale. The dimensions indicated are standard for all
final plats and shall be complied with.
2.
The proposed
name of the subdivision. The name shall not duplicate or too closely
resemble the name or names of any existing subdivision(s).
3.
Location
of the proposed subdivision in relation to section, township, range,
county and state, including the description boundaries of the subdivision
based on an accurate traverse, giving angular and linear dimensions
that must be mathematically correct. The allowable error of closing
on any portion of the plat shall be one foot in five thousand (1':
5,000').
4.
The location
of existing monuments or benchmarks shall be shown and described on
the final plat. Location of such monuments shall be shown in reference
to existing official monuments or the nearest established street lines,
including the true angles and distances to such reference points or
monuments.
5.
The location
of lots, streets, public highways, alleys, parks and other features,
with accurate dimensions in feet and decimals of feet with the length
of radii on all curves, and other information necessary to reproduce
the plat on the ground.
6.
Lots shall
be numbered clearly. Blocks shall be numbered or lettered clearly
in the center of the block.
7.
The exact
locations, widths and names of all streets and alleys to be dedicated.
8.
Boundary
lines and description of the boundary lines of any area other than
streets and alleys that are to be dedicated or reserved for public
use.
9.
All building
setback lines with dimensions.
10.
The
location of any floodplain located within the proposed subdivision
and a statement regarding compliance with the City’s adopted
floodplain regulations.
11.
Name,
signature and seal of the licensed land surveyor preparing the plat.
12.
Scale
of the plat (scale to be shown graphically and in feet per plat scale
inch), date of preparation and north point.
13.
Statement
dedicating all easements, streets, alleys, and all other public areas
not previously dedicated.
14.
Additional
information required for final plats deemed necessary by staff to
determine the appropriateness of the proposed subdivision (Minor Plats
only).
15.
The
following certificates, which may be combined where appropriate (see
appendix for specific language):
E.
Supplemental
Data:
The following additional information shall be submitted
with the final plat at the time of application:
1.
Restrictive
Covenants:
A copy of any restrictive covenants applicable
to the subdivision.
2.
Proof
of Ownership:
A title report by an abstract or a title
insurance company, or an attorney’s opinion of title, showing
the name of the owner of the land and all other persons who have an
interest in, or an encumbrance on the plat and any easements or other
constraints.
3.
A certificate
showing that all taxes and special assessments due and payable have
been paid in full; or if such taxes have been protested as provided
by law, monies or other sufficient escrows guaranteeing such payment
of taxes in the event the protest is not upheld, may be placed on
deposit with such official or governing bodies to meet this requirement.
4.
Owner’s
Acknowledgment:
The names and signatures of the owner
or owners of the property duly acknowledged and notarized shall appear
on the original and copies or prints submitted.
5.
Final
Landscaping Plan:
The applicant shall submit a final
landscaping plan, per the City of Wilmer Zoning Regulation requirements
for landscaping and buffering. This plan is intended to be detailed
suitable for construction.
6.
Construction
Documents:
The applicant shall submit a letter from the
City Engineer that Construction Documents and specifications for all
required developer installed improvements have been approved. The
content of said drawings is set out in Section 4.07.
F.
Final Plat
Action by the Commission:
After the Commission and City
Council has reviewed the final plat, applicable reports submitted,
and any additional materials submitted, and any additional materials
submitted [sic] to determine conformance with the subdivision regulations
and the approved preliminary plat, the Commission and City Council
shall approve, conditionally approve, or disapprove the final plat
within thirty (30) days from the Official Submission date.
If the Commission and City Council finds that the plat does
not conform to the requirements of the subdivision regulations or
the preliminary plat and is approved conditionally for further consideration,
the applicant shall be advised of any required changes and/or additions
[and] the City Administrator or Designee shall notify the owner or
owners of such fact in writing within ten (10) working days of the
meeting in which the plat was considered. If the plat conforms to
the requirements of the regulations and the Preliminary Plat, there
shall be endorsed thereon the fact that the plat has been submitted
to and approved by the Commission and City Council. The action of
the Commission on final subdivision plats shall be taken by a majority
vote of the entire membership of the Commission.
G.
Standards
for Approval of a Final Plat:
The final plat of a proposed
subdivision shall be approved by the Commission if the applicant proves
by clear and convincing evidence that:
1.
The plat
meets the requirements of these regulations;
2.
The construction
documents have been approved by the City Engineer; and (Ordinance
09-0604 adopted 6/4/09)
3.
The plat
is in substantial compliance with the approved preliminary plat. The
final plat shall be deemed to be in substantial compliance with the
approved preliminary plat provided any modification to the plat does
not:
H.
The City
Council shall accept or refuse the dedication of land for public purpose
within thirty (30) days after their first meeting following the date
of the submission of the plat to the City Administrator or Designee
from the Commission. The City Council may defer action for an additional
thirty (30) days for the purpose of allowing the applicant to make
additional modifications. No additional filing fees shall be assessed
during that period. If the City Council defers or refuses such dedication,
it shall advise the Commission of the reasons therefor.
(Ordinance 09-0604 adopted 6/4/09; Ordinance 14-1016, sec. 4, adopted 10/16/14)
A.
General:
1.
A Drainage
Study shall be submitted for all Major Subdivisions at the time of
preliminary plat application.
B.
Submittal
Procedure and Requirements:
1.
Submittal:
The Drainage Study is to be submitted with the preliminary plat
application as specified in Section 4.03E.4., and be prepared, signed
and sealed by a Registered Professional Engineer in the State of Texas.
2.
Submittal
Materials:
The applicant shall submit copies of the Drainage
Study to the City Engineer for review. These documents shall be submitted
at the time of preliminary plat application.
C.
Drainage
Study Contents:
1.
Existing
Conditions:
The existing conditions of the site must
be evaluated to determine the impact of on-and off-site drainage.
As such, the following information shall be provided. Additional information
may be required by the City Engineer as deemed necessary to provide
an accurate assessment of existing conditions.
a.
Area
of the proposed subdivision.
b.
Area
of pervious and impervious surfaces within the proposed subdivision.
c.
Hydrologic
soil types within the proposed subdivision.
d.
Map
of the proposed subdivision indicating existing drainage areas.
e.
Map
of the surrounding area indicating drainage areas contributing runoff
to the proposed subdivision, with time of concentration, and runoff
coefficient or SCS curve numbers and calculations for each area.
f.
2-,
5-, 10- and 100-year flow from each on-site drainage area, across
the proposed subdivision from off-site areas, and to each discharge
point in the proposed subdivision.
g.
Nature
and size of any downstream conveyance system.
h.
The
identification and explanation of any downstream restrictions or limitations.
i.
Any
assumptions used in the examination of existing conditions.
2.
Proposed
Conditions:
The proposed condition of the site must be
evaluated to determine the extent and capacity of on-site storm sewer
systems. As such, the following information shall be provided. Additional
information may be required by the City Engineer as deemed necessary.
a.
Approximated
area of the pervious and impervious surfaces within the proposed subdivision
upon build out.
b.
Hydrologic
soil types within the proposed subdivision.
c.
Map
of the proposed subdivision indicating proposed drainage areas.
d.
Map
of the surrounding area indicating drainage areas contributing runoff
to the proposed subdivision, with time of concentration, and runoff
coefficient or SCS curve numbers and calculations for each area.
e.
2-,
5-, 10- and 100-year flow from each on-site drainage area, across
the proposed subdivision from off-site areas, and to each discharge
point in the proposed subdivision.
f.
The
size, material, slope and capacity of the proposed storm sewer.
g.
Location,
area, depth and volume of detention area and a drawing of such, including
the discharge structure (required only if proposed).
h.
Inflow,
outflow and elevation curves for the proposed system.
i.
The
ability of the existing elements to convey proposed flows.
j.
The
identification and explanation of any additional improvements proposed.
k.
Any
assumptions used in the examination of existing conditions.
l.
The
comparison of the existing and proposed flows from the site.
(Ordinance 09-0604 adopted 6/4/09; Ordinance 14-1016, sec. 4, adopted 10/16/14)
B.
Application
Procedure and Requirements:
1.
Application:
Construction Documents are to be submitted with any final plat
application as specified in Section 4.05E.6.
2.
Submittal
Materials:
The applicant shall submit copies of the construction
drawings to the City Engineer for review. These documents shall be
submitted at the time of final plat application.
C.
Construction
Documents Contents:
1.
Plans,
profiles, details, specifications and cost estimates for roadway and
sidewalk construction, including plans and profiles for each street
with a typical cross section of the roadway. The profiles of grade
lines shall be shown to a scale of 1" = 50' horizontal, and 1" = 5'
vertical. The City Engineer may require a larger format as necessary
to show adequate detail. This information shall be shown on standard
plan and profile sheets unless otherwise required. Where steep slopes
exist, cross-sections of all proposed streets at one-hundred-foot
stations may be required as follows: On a line at right angles to
the centerline of the street, and said elevation points shall be at
the centerline of the street, each property line and points twenty-five
(feet) inside each property line.
2.
Plans,
profiles, details, specifications and cost estimates of proposed storm
drainage improvements.
3.
Plans,
profiles, details, specifications and cost estimates of proposed water
distribution systems and proposed water supply facilities and hydrants,
if any.
4.
Plans,
profiles, details, specifications and cost estimates of sewerage systems
and of any required sewage treatment facilities.
5.
Grading
plans for all lots and other sites in the subdivision.
6.
Erosion
control plan for the subdivision[.]
7.
Copies
of all State and Federal permits required to begin construction.
8.
When unusual
site conditions exist, staff may require such additional plans, specifications
and drawings as may be necessary for an adequate review of the improvements
to be installed.
9.
All plans
shall be based on City or U.S.G.S. datum for vertical control.
D.
Review
of Plans:
The City Engineer shall review all Construction
Documents in order to determine that they comply with City design
standards. The City Engineer shall notify the applicant and the City
Administrator or Designee, in the event that the drawings do not so
conform or comply, and shall specify the specific manner in which
such drawings do not so comply. The subdivider shall then correct
any defective drawings and resubmit the corrected drawings. This does
not relieve the Engineer of Record of his responsibility as stated
in the Texas Engineers Practice Act.
E.
Approval
by Planning and Zoning Commission:
The Commission shall
approve a final plat only after consideration of the City Engineer’s
opinion that the drawings are consistent with the approved preliminary
plat and comply with their design standards.
(Ordinance 09-0604 adopted 6/4/09; Ordinance 14-1016, sec. 4, adopted 10/16/14)
A.
Replat
Required:
Whenever a developer desires to resubdivide
or replat an already approved final subdivision plat, the developer
shall first obtain approval for the resubdivision by the same procedures
prescribed for the subdivision of land. The City Administrator or
Designee may waive or modify requirements for a land study under circumstances
where the previously approved land study is sufficient to achieve
the purposes set forth in Section 3.02 [Section 4.02].
C.
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 if the replat:
1.
Is signed
and acknowledged by only the owners of the property being replatted;
2.
Is approved,
after a public hearing on the matter at which parties in interest
and citizens have an opportunity to be heard, by the Commission and
City Council; and
3.
Does not
attempt to amend or remove any covenants or restrictions previously
incorporated in the final plat.
D.
Additional
Requirements for Certain Replats:
1.
In addition
to compliance with Subsection C, a replat without vacation of the
preceding plat must conform to requirements of this section if:
a.
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
b.
Any
lot in the preceding plat was limited by deed restrictions to residential
use for not more than two residential units per lot.
c.
Compliance
with this Subsection D is not required for approval of a replat of
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.
2.
Notice
of the hearing required under Subsection C shall be given before the
15th day before the date of the hearing by publication in an official
newspaper or newspaper of general circulation in the county and by
written notice, with a copy of Subsection D attached, forwarded by
the Commission and City Council to owners, as indicated on the most
recently approved ad valorem tax roll of the City, of property in
the original subdivision within 200 feet of the property upon which
the replat is requested. 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.
3.
If the
proposed replat requires a variance, and the owners of 20% or more
of the area of lots to whom notice is required to be given under Subsection
C file with the Commission and City Council a written protest of the
replatting before or at the hearing, approval of the replat will require
the affirmative vote of three-fourths of the Commission and/or City
Council members present. In computing percentages of ownership, each
lot is considered equal to all other lots regardless of size or number
of owners, and the owners of each lot are entitled to cast only one
vote per lot. The area of streets and alleys shall be included in
computing the percentage of land area.
4.
Any replat
which adds or deletes lots must include the original lot boundaries.
(Ordinance 09-0604 adopted 6/4/09; Ordinance 14-1016, sec. 4, adopted 10/16/14)
A.
The City
Administrator or Designee may, upon petition of the property owner
or developer, approve and issue an amending plat which is signed by
the applicant only unless otherwise required to the contrary and which
is for one or more of the purposes set forth in this section, and
such approval and issuance shall not require notice, hearing or approval
of other lot owners. This subsection shall apply only if the sole
purpose of the amending plat is:
1.
To correct
[any error] in any course or distance shown on the prior plat;
2.
To add
any course or distance that was omitted on the prior plat;
3.
To correct
an error in the description of the real property shown on the prior
plat;
4.
To indicate
monuments set after death, disability, or retirement from practice
of the surveyor charged with responsibilities for setting monuments;
5.
To show
the proper location or character of any monument which has been changed
in location or character or which originally was shown at the wrong
location or incorrectly as to its character on the prior plat;
6.
To correct
any other type of scrivener or clerical error or omission as previously
approved by the Commission or City Council; such errors and omissions
may include, but are not limited to, lot numbers, acreage, street
names and identification of adjacent recorded plats;
7.
To correct
an error in courses and distances of lot lines between two adjacent
lots where both lot owners join in the application for plat amendment
and neither lot is abolished, provided that such amendment does not
attempt to remove recorded covenants or restrictions and does not
have a material adverse effect on the property rights of the other
owners in the plat;
8.
To relocate
a lot line in order to cue an inadvertent encroachment of a building
or improvement on a lot line or an easement;
10.
To make
necessary changes to the prior plat to create six or fewer lots in
the subdivision or addition or a part of the subdivision or addition
covered by the prior plat if:
a.
The
changes do not affect applicable zoning and other regulations of the
City;
b.
The
changes do not attempt to amend or remove any covenants or restrictions;
and
c.
The
area covered by the changes is located in an area that the Commission
has approved, after a public hearing, as a residential improvement
area.
(Ordinance 09-0604 adopted 6/4/09)
A.
By Property
Owner:
The property owner of a tract covered by a plat
may vacate, upon the approval of the Commission, the plat at any time
before any lot in the plat is sold. 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.
B.
By All
Lot Owners:
If lots in a plat have been sold, 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.
(Ordinance 09-0604 adopted 6/4/09)
