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 Council, for decision.
b. 
Approval by City Council.
The City Council shall review and approve, approve with conditions, or disapprove all preliminary plats, replats, and final plats.
c. 
Conformance.
All preliminary plats 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.
d. 
Certain Planned Development District Plats.
When preparing a plat for the subdivision or resubdivision of unplatted tracts in a planned development (PD) district for manufactured housing, the subdivider is encouraged to formalize pre-existing tract patterns into lots. In an effort to establish a consistent and cohesive lot pattern, limited deviations from the pre-existing tract area boundaries may be permitted due to irregularity in tract ownership and development. Any such allowance shall generally not result in an increase in the total number of lots unless authorized by City Council. Any changes from the pre-existing tract layout shall be firmly based on promoting a regular lot pattern that is in keeping with the characteristics for that particular neighborhood.
e. 
Plat Review and Conditional Approval.
The City Council may include conditions for the approval of a plat; these conditions may include those generated by City Staff and their representatives, and may include those outlined in this Ordinance and other ordinances of the City, or conditions which are reasonable in nature and intended to promote the health, safety, and general welfare of the community. A plat which is approved with conditions or stipulations constitutes a denial of the plat until such time as the conditions or stipulations are satisfied.
f. 
Filing Date.
The 30-day period for approval or disapproval of a plat, as established in Chapter 212 of the Texas Local Government Code, shall commence on the date of the Administrative Official determines the application meets the requirements of this Ordinance and other applicable ordinances, except for any variances requested in writing.
(Ordinance 490-15 adopted 2/19/15)
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 one year from the completion of the previous phase if a new phase is not started.
b. 
Other Plats.
A final plat, replat, 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 5.03, the applicant must resubmit an application for approval, including payment of a fee and complete the review process.
d. 
Extension and Reinstatement Procedure.
1. 
Not later than sixty days prior to the lapse of approval for a preliminary plat, the property owner may petition the City Council to extend or reinstate the approval. The petition shall be considered at a public meeting of the City Council.
2. 
In determining whether to grant such request, the City Council shall take into account the reasons for 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 City Council shall extend its approval of the plat, or deny the request. In the event the City Council denies extension of the preliminary plat, the property owner must submit a new application for approval.
3. 
The City Council 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 plat approval is valid to more than one year from the date the original approval expires.
(Ordinance 490-15 adopted 2/19/15)
a. 
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. A project shall expire on the fifth anniversary of the date the application for the first permit for the project was filed with the City if no progress has been made towards completion of the project. Progress towards completion of the project shall include any one of the following:
1. 
An application for a final plat or plan for development is submitted to a regulatory agency.
2. 
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.
3. 
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.
4. 
Fiscal security is posted with a regulatory agency to ensure performance of an obligation required by the regulatory agency.
5. 
Utility connection fees or impact fees for the project have been paid to a regulatory agency.
(Ordinance 490-15 adopted 2/19/15)
a. 
Time Period for Action.
All plat applications shall be acted upon within 30 days from the filing date unless a waiver request is submitted in accordance with Subsection (b) below. If the applicant desires that the Council delay action on a plat application beyond the thirty (30) day period, the applicant shall submit a written request to the Council stating the applicant’s desire to waive the requirement for action within thirty (30) days.
b. 
Waiver Requests.
An applicant may request in writing a waiver of the time limits for action. The waiver request shall contain a statement of the reasons for the waiver and the time for which a waiver is sought. Waiver requests which have not been received by the Administrative Official on or before the fourth calendar day prior to the Council meeting at which action is to be taken on the plat, the application shall be submitted to the Council who may grant the request, or deny the request and taken action on the plat application at such meeting as scheduled. [sic]
c. 
Action on the Waiver Request:
Action on the waiver request shall be taken at the Council meeting at which the plat is scheduled for decision. If the waiver is granted, action on the plat application shall be tabled for a time certain consistent with the approved waiver.
(Ordinance 490-15 adopted 2/19/15)
a. 
Generally.
After an application for approval of a preliminary plat has been determined to be complete in accordance with Section 4.02, the Administrative Official shall review the application to determine whether the application complies with applicable ordinances, and forward the application to the other City departments, generate plat review comments and notify the applicant of same. It is the applicant’s responsibility to revise the application to meet the requirements of this Ordinance.
b. 
Requirements.
The plat application shall be deemed filed with the City on the date that the Administrative Official determines that the application and all supporting documents meet the requirements of this Ordinance and other applicable ordinances, except for any variances requested in writing by the applicant. This shall constitute the filing date. Thereafter, the Administrative Official shall present the plat to the Council for their consideration and action on the preliminary plat.
c. 
Filing Date.
The plat application shall be deemed filed with the City on the date that the Administrative Official determines that the application and all supporting documents meet the requirements of this Ordinance and other applicable ordinances, except for any variances requested in writing by the applicant. This shall constitute the filing date. Thereafter, the Administrative Official shall present the plat to the City Council for action.
d. 
City Council Action.
The City Council shall determine whether to approve, approve with conditions or deny the preliminary plat application. The Council shall consider and act upon the preliminary plat within 30 days from the official date of filing of the application.
e. 
Conditions.
The City Council may impose such conditions to the approval of a preliminary or final plat application as are reasonably necessary to assure compliance with this Ordinance. Such conditions may address but are not limited to matters involving conformity with the City’s zoning regulations, the availability and capacity of public improvements, or the phasing of development. A plat approved with conditions shall constitute approval subject to conformity with the prescribed conditions, but shall constitute disapproval until such conditions are met.
(Ordinance 490-15 adopted 2/19/15)
a. 
Minor Changes.
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.
b. 
Amendments.
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.
(Ordinance 490-15 adopted 2/19/15)
a. 
Purpose.
The purpose of a final plat is to assure that the division or development of the land subject to the plat is consistent with all standards and regulations of this Ordinance and all other applicable ordinances, that public improvements to serve the subdivision or development have been installed and accepted by the City or that provision for such installation has been made, and that all other requirements and conditions have been satisfied or provided for to allow the plat to be recorded.
b. 
Applicability.
Approval of a final plat shall be required prior to any nonexempt division of land and prior to any grading or site preparation activities for a lot or tract of land that requires installation of public improvements on or adjacent thereto. A final plat application shall not be required for any land division that may be approved through the minor plat procedures.
c. 
Where No Preliminary Plat Approved.
Where no preliminary plat is required, the final plat application must meet all of the submittal requirements for a preliminary plat that are not included in the list of application requirements.
(Ordinance 490-15 adopted 2/19/15)
a. 
Generally.
After an application for approval of a final 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, and notify the applicant of same.
b. 
Filing Date.
The plat application shall be deemed filed with the City on the date that the Administrative Official determines that the application and all supporting documents meet the requirements of this Ordinance and other applicable ordinances, except for any variances requested in writing by the applicant. This shall constitute the filing date. Thereafter, the Administrative Official shall present the plat to the City Council for action.
c. 
Council Action.
The Council shall take action on the final plat within thirty (30) days of the filing date unless the applicant requests and consents in writing to waive any time deadline for action upon the plat. If the final plat meets all the requirements of these regulations, the Council shall approve the plat. If the plat does not meet the requirements of these regulations, the Council shall disapprove the plat. A plat approved with conditions shall constitute approval subject to conformity with the prescribed conditions, but shall constitute disapproval until such conditions are met.
d. 
Criteria for Decision.
The following criteria shall be used to determine whether the application for a final plat shall be approved or denied.
1. 
The final plat conforms to the approved preliminary plat except for minor changes authorized under Section 5.06 and that may be approved without the necessity of revising the approved preliminary plat.
2. 
The final layout of the subdivision meets all standards for adequacy of public facilities contained in this Ordinance and other applicable ordinances.
3. 
The plat conforms to the Comprehensive Plan, including its future land use map (within the City limits), the master plans for current and future streets, alleys, parks, playgrounds, and public utility facilities, as well as extension of the City’s roads, streets, and public highways within its extraterritorial jurisdiction, taking into account access to and extension of sewer and water mains and the instrumentalities of public utilities.
4. 
The plat conforms to the City’s zoning regulations or regulations contained in an approved development agreement affecting the land, and all other applicable City ordinances and regulations.
(Ordinance 490-15 adopted 2/19/15)
All minor plats will be accepted for review in accordance with Section 4.02, and 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. Within 30 days of the filing date, the Administrative Official shall take action on the application. 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 5.11 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 490-15 adopted 2/19/15)
a. 
Generally.
An amending plat will be accepted for review in accordance with Section 4.02. 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, [and] notify the applicant of same. It is the applicant’s responsibility to revise the application to meet the requirements of the Ordinance.
b. 
Approval.
Within 30 days of the filing date, 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 5.11 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.
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 490-15 adopted 2/19/15)
a. 
Requirements.
For a plat 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 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 ownership and dedication statement from the plat shall be submitted on separate letter or legal size paper, executed before a notary public, with all original signatures.
9. 
A copy of the executed developer’s agreement, if one was required to be executed, shall be submitted.
10. 
The required financial assurance and contractor’s proof of insurance for any proposed public improvements.
11. 
Monumentation required by Section 10.03.
12. 
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.
13. 
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.
b. 
Proof of Title.
The applicant shall furnish the City a title insurance policy or other documentation of title satisfactory to the City, 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 the later to occur of 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. 
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 490-15 adopted 2/19/15)