Conference Procedure.

Prior to the official filing of a preliminary plat, the subdivider shall consult with and present a proposed plan of subdivision to the City Engineer for comments and advice on the procedures, specifications, and standards required by the city for the subdivision of land. Prior to the official filing of a preliminary plat or of a final plat under the short form procedure, and upon payment of the required fee to the City Secretary, the subdivider shall schedule a preliminary conference with the City Engineer. The City Engineer shall provide the subdivider with a timetable for review, including submission dates required to provide for adequate review. The timetable shall also include a reminder to the subdivider that the application must be complete before any review by the city can begin.

Data Required.

The following information shall be furnished by the subdivider at the preliminary conference:

201.02-01 -

General Subdivision Information.

A description of existing conditions of the site, data on land characteristics, available community facilities and utilities, information describing the proposed number and size of lots, public areas, proposed protective covenants and physical improvements.

201.02-02 -

Location Map.

A sketch map showing the relationship of the proposed subdivision to existing landmarks and community facilities within a one (1) mile radius, including thoroughfares, railroad tracks, adjacent subdivisions, shopping centers, public schools, parks, playgrounds and the development name and location, scale, north arrow, and date.

201.02-03 -

Sketch Plan.

A sketch showing the proposed layout of streets, land use, lots and other design features. This sketch may be made directly on a print of the topographic survey or aerial photographs, if available. If the proposed subdivision will not be served by city sewer service, the subdivider shall also show, on a map at the scale of 1" = 200' or larger, the locations of the general soil types on the property as identified by the U.S. Soil Conservation Service.

201.03-

Preliminary Conference Report.

The City Manager shall make a report to the Commission which includes a review of the plans, relationship to the city’s adopted comprehensive plan and recommendations for area-wide improvements affecting said tract. The subdivider and Council shall also be furnished with a copy of the report.

201.04-

Fee Required.

Prior to conducting a preliminary conference, the subdivider shall pay the City Secretary the appropriate fees as determined by the Council and described in the most recently adopted or amended schedule of fees. No meeting shall be scheduled unless such fee has been paid in full.

(Ordinance 756 adopted 11/13/18)

§ 202 PRELIMINARY PLAT AND ACCOMPANYING DATA.

202.01 -

General.

The subdivider shall cause to be prepared a preliminary plat by a surveyor or engineer in accordance with this Ordinance. The preliminary plat will not be recorded.

202.02 -

Time for Filing and Copies Required.

The subdivider shall file a formal application for preliminary plat approval in writing attaching to the application six (6) blue or black line copies of the plat, together with the original, with the City Secretary at least ten (10) days prior to the date at which formal application for the preliminary plat approval is to be considered by the Commission. The letter of transmittal of the application shall state the name, address and telephone number of the owner, subdivider, his agent and the engineer or surveyor who prepared the plat.

202.03 -

Filing Fees.

At the time the plat is filed with the City Secretary for approval by the City, the subdivider shall pay filing fees by check made payable to the City of Jourdanton, Texas, in the amount of the applicable fees from the most recently adopted or amended schedule of fees. A schedule of fees is attached to this Ordinance as Appendix A but is subject to change by separate ordinance or resolution. No action by the Commission shall be valid until the filing fee has been paid. This fee shall not be refunded should the plat be disapproved.

202.04 -

Fractional Final Plat.

A subdivider may be required to submit a master development plan of the entire area he proposes to subdivide over a period of time and indicate thereon his proposed plan of development by increments. After approval of this master development plan, he may submit fractional final plats in general accordance with the master development plan by units or areas. Each increment or area must be adjacent to a preceding developed increment or area.

202.05 -

Form and Content.

The plat shall be drawn on sheets twenty-four inches (24") wide and thirty-six inches (36") long, with a binding margin of not less than one and one-half inches (1-1/2") on the left side of the sheet and margins on the other three sides of not less than three-fourths inches (3/4"). The plat shall be drawn to a scale of one hundred feet (100') to one inch (1") or larger. When more than one (1) sheet is necessary to accommodate the entire area, an index sheet showing the entire subdivision in an appropriate graphic scale shall be attached to the plat. The plat shall show the following:

Names and addresses of the subdivider, record owner, engineer, and surveyor.

Proposed name of the subdivision, which shall not have the same spelling as or be pronounced similar to the name of any other subdivision located within the City of Jourdanton or within the ETJ of the City of Jourdanton, unless the subdivision is continuous to a recorded subdivision and the plat represents an additional installment or increment of the original subdivision.

Names of continuous subdivisions and the owners of continuous parcels of unsubdivided land, along with deed record references, and an indication of whether or not continuous properties are platted.

Subdivision boundary lines, indicated by heavy lines and the computed acreage of the subdivision.

A written description, by metes and bounds, accompanying the plat of the property to be subdivided and a brief legal description on the plat referencing the volume and page number of the Atascosa County Deed Records.

Primary control points or descriptions, and ties to such control points to which all dimensions, angles, bearings, block numbers and similar data shall be referred; and a minimum of two (2) points on the perimeter of the subdivision, identified by coordinates that relate to the state plane coordinate system.

Existing sites as follows:

(1)

The exact location, dimensions, name and description of all existing or recorded streets, alleys, reservations, easements or other public rights-of-way within the subdivision, intersecting or continuous with its boundaries or forming such boundaries.

(2)

The exact location, dimensions, description and name of recorded residential lots, parks, public areas, permanent structures and other sites within or contiguous with the subdivision.

(3)

The exact location, dimensions, description and flow line of existing watercourses and drainage structures within the subdivision or on continuous tracts.

The exact location, dimensions, description, and name of all proposed streets, alleys, drainage structures, parks, other public areas, reservations, easements or other rights-of-way, blocks, lots and other sites within the subdivision.

Date of preparation, scale or plat and north arrow. Each revision shall bear a new date.

Topographic information including contour lines, based on U.S. Coast and Geodetic Survey datum and specified as such on the plat, on a basis of five (5) vertical feet in terrain with a slope of two percent (2%) or more, and on a basis of two (2) vertical feet in terrain with a slope of less than two percent (2%).

A number or letter to identify each lot or site and each block.

Front, side, and rear building setback lines on all lots.

Location of city limit line, the outer border to the city’s ETJ, and boundaries, if they traverse the subdivision, form part of the boundary of the subdivision, or are continuous to such boundary.

Location map as specified for the preliminary conference in Section 201.02-02 of this Ordinance.

202.06 -

Processing of Preliminary Plat.

The preliminary plat application shall be reviewed by the City Manager for completeness within five (5) days of its filing. No application for preliminary plat approval shall be deemed complete until all required information has been provided and all appropriate fees have been paid in full to the City. The thirty (30) day review period shall not commence and no action shall be taken by the Commission until such application has been deemed complete. The complete application shall be processed according to the following:

In addition to checking the plat for compliance with the standards and specifications set forth herein or referred to herein, the City Engineer shall check the preliminary plat as to its conformity with the Comprehensive Plan, with specific attention given to the plan’s policies and functional elements such as the land use element, which includes the future land use map, and the transportation element, which includes a thoroughfare plan.

The City Engineer shall present the preliminary plat data to the Commission with his recommendations.

Within thirty (30) days after the preliminary plat is formally filed, the Commission shall approve, conditionally approve, or disapprove such plat. If it is disapproved or conditionally approved with modifications, the Commission shall inform the subdivider, in writing, of the reasons at the time such action is taken.

Approval of a preliminary plat shall not constitute automatic approval of the final plat.

Approval of a preliminary plat shall be effective for twelve (12) months unless reviewed by the Commission in the light of new or significant information which would necessitate a revision of the preliminary plat. If the Commission shall deem changes in a preliminary plat as necessary, it shall inform the subdivider, in writing, of the changes.

If no development has occurred which would affect the proposed plat, after twelve (12) months of effective approval, the Commission may, upon application of the subdivider, extend the approval time allowable.

202.07 -

Master Planned Development.

Where the proposed subdivision constitutes a unit of a larger tract owned by the subdivider, which is intended to be subsequently subdivided as additional units of the same subdivision, the preliminary and final plats shall be accompanied by a layout of the entire area, showing the tentative proposed layout of streets, blocks, drainage, water, sewage, and other improvements 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 City Engineer. Thereafter, plats of subsequent units of such subdivision shall conform to such approved overall layout, unless changed by the Commission. However, except where the subdivider agrees to such change, the Commission may change such approved overall layout only when the Commission finds:

That adherence to the previously approved overall layout will hinder the orderly subdivision of other land in the area in accordance with the provisions of this Ordinance; or

That adherence to the previously approved overall layout will be detrimental to the public health, safety or welfare, or will be injurious to other property in the area.

(Ordinance 756 adopted 11/13/18)

§ 203 FINAL PLAT.

203.01 -

Application Required.

No final plat shall be considered unless a preliminary plat has been submitted and approved by the Commission. The final plat and accompanying data shall conform to the preliminary plat as approved by the Commission incorporating any and all changes, modifications, alterations, corrections, and conditions imposed by the Commission.

203.02 -

Format.

The final plat shall be drawn in India ink on linen tracing cloth or dimensionally stable matte film sheets twenty-four inches (24") wide and thirty-six inches (36") long with one and one-half inch (1-1/2") margin on the left side of the sheet, and margins of not less than three-fourths inches (3/4") on the other three (3) sides. This plat shall be drawn at a scale of one inch equals one hundred feet (1" = 100') or larger. Where more than one (1) sheet is necessary to accommodate the entire area, an index sheet showing the entire subdivision at an appropriate scale shall be attached to the plat.

203.03 -

Content.

The final plat shall be submitted in one original reproducible tracing as specified above, and six (6) blue or black line prints which shall contain all of the features required for preliminary plats in Section 202 above, and it shall be accompanied by site improvement data bearing the seal of a registered professional engineer and detailed cost estimates of streets, storm drainage, water and sewer facilities and other improvements to be installed by the subdivider.

The final plat and the accompanying site improvement data and detailed cost estimates shall be approved by the City Engineer.

In addition to the various requirements for the preliminary plat, the final plat shall also include the following:

(1)

The exact location, dimensions, names and description of all tract boundary lines, existing or recorded streets, alleys, reservations, easements, or other public rights-of-way within the subdivision, intersecting or contiguous with its boundary or forming such boundary, with accurate dimensions, bearing or deflecting angles and radii, area, and central angle, degree of curvature, tangent distance and length of all curbs [curves] where appropriate.

(2)

The exact locations, dimensions, description and name of all proposed streets, alleys, drainage structures, parks, other public areas, reservations, easements or other rights-of-way, blocks, lots, and other sites within the subdivision with accurate dimensions, bearing or deflecting angles and radii, area, and central angles, degree of curvature, tangent distance and length of all curves where appropriate and in compliance with Article IV of this Ordinance.

(3)

A brief legal description on the plat by volume and page of the Atascosa County Deed Records, a separate complete written legal description by metes and bounds accompanying the plat, and the actual metes and bounds of the subdivision, including location and description of all monuments and primary control points, or descriptions and “ties” to such control points, to which all dimensions, angles, bearings and similar data on the plat shall be referred.

203.04 -

Titles and Certifications.

The final plat shall also include the following titles and certifications, as illustrated in Appendix B:

Owner’s acknowledgment, incorporating by reference the terms and requirements of this Ordinance and warranting that the owner(s) rights and obligations run with the land, and a statement of dedication of all streets, rights-of-way, and sites for public use as required by these regulations and proposed by the subdivider.

Certification by the City Engineer that all requirements of this Ordinance, that all related ordinances of the City of Jourdanton have been met, that the proposed utilities layout meet the City Engineer’s approval, and that adequate service is available to the subdivision.

A signature block for the Mayor and City Secretary certifying approval of the Council.

Certification by the engineer or surveyor responsible for surveying the subdivision area and preparing the final plat, and supporting data attesting to the completeness and accuracy of the final plat, supporting data, and survey.

Certification of title showing that the subdivider is the land owner, or, if the subdivider is an agent for the land owner, certification of title of the land owner and a notarized letter from the land owner authorizing the agent to act on his or her behalf.

Tax certificate from the Assessor and Collector of Taxes of all 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.

Any proposed protective covenants in a form for recording.

Dedications of streets, alleys, easements and public use sites shall be according to the most recent forms in use by the City of Jourdanton and as directed by the City Engineer.

All owners and/or lienholders must join in the dedication.

203.05 -

Construction Plans.

When filed, the final plat shall be accompanied by one (1) reproducible original and four (4) copies of detailed construction plans and detailed cost estimates for all proposed site improvements to be installed by the subdivider. All plans and engineering calculations shall bear the seal and signature of an engineer. The plans shall include, but not be limited to, the following site improvements:

Plans and profiles of all streets, alleys, sidewalks, crosswalk ways, and monuments.

Plans and profiles of all sanitary sewers including two-foot (2') contours, the location end [and] dimensions of proposed sanitary sewer lines, including depth and grade, lift stations, manholes, and cleanouts; and plans and specifications for any proposed sewer system or treatment plant other than that provided by the City of Jourdanton.

Plans and profiles of all water system improvements showing two-foot (2') contours, the location and size of proposed water lines, including depth and grade, fire hydrants, and, where appropriate, wells, storage and treatment facilities, and pumping stations.

Plans and profiles of all public storm drainage system improvements (for all public improvements) shall include all storm drainage data and proposed structures, including calculations of stormwater flow, watershed area, percent of run-off, and time of concentration which shall be included within a drainage analysis report.

203.06 -

Processing.

If desired by the subdivider and approved by the Commission, the final plat may constitute only that portion of the approved preliminary plat which he proposes to record and develop. However, such portion shall conform to all the requirements of this Ordinance and the portion or portions of the subdivision for which the final plat is drawn and submitted for approval shall be in successive order of development as exhibited on the previously approved master development plan. All street, water, sewer and storm drainage facilities shown on the final plat shall be constructed in their entirety or acceptable surety provided before acceptance by the city and before such final plat is recorded in the office of the County Clerk.

As soon as practical after subdivider is notified of the approval of the preliminary plat, his engineer shall submit to the City Secretary the final plat of the subdivision or portion thereof. The city shall have ten (10) working days in which to review the application and final plat for completeness. The application shall not be accepted for consideration until all fees have been paid in full and the final plat has been deemed to be complete by the city.

No final plat shall be considered unless a preliminary plat has first been submitted and approved. However, if a preliminary plat has been duly approved and the subdivider wishes to increase the size of the lots by combining two (2) or more lots or by combining one (1) lot with a portion of the adjacent lot in such manner that no portion of a lot remains smaller than the original lots, no additional preliminary plat will be necessary.

A final plat of an approved preliminary plat or a portion thereof shall be submitted to the Commission within twelve (12) months of the date of approval of the preliminary plat, otherwise the approval of the Commission shall become null and void, unless an extension of time is applied for and granted by the Commission.

When the final plat is filed with the City Secretary for approval, it shall be accompanied by the appropriate fees as set by the Council in the City’s most recently adopted schedule of fees.

203.07 -

Action by Commission.

Within thirty (30) days after the filing of a complete application for final plat approval in accordance with this Ordinance, the Commission shall approve, approve with conditions, or disapprove such plat and forward its recommendation on to the Council. If the Commission fails to act within the aforementioned thirty (30) day period, the final plat shall be forwarded to the Council as if the Commission had recommended approval.

If the final plat is recommended to be approved with conditions or disapproved, the Commission shall inform the subdivider and the Council in writing of the reasons at the time such recommendation is made. When a plat is conditionally approved, the subdivider may subsequently refile a final plat meeting the objections or imposed conditions prior to consideration by the Council.

203.08 -

Action by Council.

Within thirty (30) days of the action by the Commission, or approval by reason of no action, the Council shall review the final plat and render a decision of approval, disapproval, or conditional approval. Reasons for disapproval or conditional approval shall be stated to the subdivider in writing. When a plat is conditionally approved, the subdivider may subsequently refile a final plat meeting the objections or imposed conditions without paying additional filing fees, and the Mayor shall within ten (10) days thereafter sign said final plat, provided it meets the objections or imposed conditions.

Disapproval of the final plat shall indicate refusal to accept any offered dedications or to accept any planned or completed improvements within the area covered by any such plat or replat. Approval of the plat, however, shall NOT be deemed acceptance of such dedications until such time as the city has approved same by entry, use, or maintenance, and by the approval of the constructed improvements therein. Approval of the final plat, plans and specifications required herein shall not prevent the Council or the entity responsible for checking such documents from thereafter requiring the correction of errors in said plans and specifications and in the construction of the associated improvements.

On approval of the plat by the Council, said plat being otherwise fully and properly endorsed, the Mayor and City Secretary of the City of Jourdanton shall sign in the spaces provided. However, in no case shall the Council allow the plat to be recorded until the City Engineer, or a registered professional engineer designated by him, has approved all plans and specifications for the subdivision herein required.

203.09 -

Recording Procedure.

After the final plat has been approved and the subdivider has constructed all the required improvements and such improvements have been approved by the City Engineer, or after the plat has been approved and the subdivider has filed the required security hereinafter provided, the Council shall cause the final plat to be recorded with the County Clerk of Atascosa County.

The Council shall also cause the check or checks for the recordation fee deposited at the time the final plat was filed to be delivered with the final plat to the County Clerk. No plat shall be filed for record without written consent of the subdivider. If the subdivider fails to give such written consent within ten (10) days of the date of final approval of the plat, the Council may at any time thereafter cancel such approval.

When the final plat is ready for recordation and the City has received the written consent from the subdivider to file the plat, the subdivider shall provide the City with a blue line on white linen, a mylar positive reproducible, and two (2) paper prints of the approved subdivision.

(Ordinance 756 adopted 11/13/18)

§ 204 SHORT FORM PROCEDURE FOR FINAL PLATS.

204.01 -

General.

The short form platting procedure bypasses the preliminary plat approval step and requires no construction plans. All other requirements of final plats, which include information required for preliminary plats, must be met under the short form platting procedure.

204.02 -

Eligibility for Short Form.

A short form procedure may be followed for the approval of a subdivision when the land proposed to be subdivided or resubdivided meets the following conditions and requirements:

Such land abuts upon a street of adequate width and is so situated that no additional streets and no easements or other public property, other than public utility easements, are required in order to meet the requirements of this section;

The perimeter of the tract being subdivided has been surveyed and marked on the ground and a plat thereof prepared and filed with the city, and the nearest corner of each lot or parcel of such proposed subdivision is within two hundred feet (200') of a known corner which is adequately marked by a concrete monument or iron stake;

The topography of the tract and the surrounding lands is such that no regard need be given in such subdivision to drainage, or, where drainage facilities are required, arrangements have been made for the construction of such facilities and noted as conditions on the plat upon which approval is predicated; and

The utilities, as required in this Ordinance, are in place to serve each parcel or lot of such subdivision or resubdivision, or arrangements to provide such utilities have been made and their construction and maintenance guaranteed as required by this Ordinance.

204.03 -

Processing.

A preliminary conference as described in section 201 of this Ordinance is required for short form subdivisions to assist the subdivider in determining whether the subdivision meets the criteria for utilizing the short form procedure.

With the exception of construction drawings and other information commonly associated with construction drawings, plats processed under the short form procedure shall meet all of the requirements for final plats, which include the information required for preliminary plats, and shall otherwise comply with Section 203 of this Ordinance, which governs final plats, as if there were an approved preliminary plat.

When the land proposed to be subdivided meets the requirements and conditions for utilizing the short form procedure, the owner of such tract of land may deliver to the City a plat of said land accompanied by the filing fee required for final plats and a check or checks payable to the County Clerk in the amount of the recordation fee for the final plat. Such submittal shall be made in accordance with Section 203.09 of this Ordinance.

(Ordinance 756 adopted 11/13/18)

§ 205 CORRECTIONS, REPLATS, AND VACATION OF PLATS.

Any plat or replat may be vacated or resubdivided or corrected by the owner of the land, provided that the owner pays all of the appropriate fees, the Council approves the action, and the owner complies with the applicable state laws.

(Ordinance 756 adopted 11/13/18)

§ 206 DELEGATION OF APPROVAL AUTHORITY.

(a)

In accordance with Texas Local Government Code Section 212.0065 the City Manager is hereby authorized to approve:

(i)

amending plats described by [Texas Local Government Code] Section 212.016;

(ii)

minor plats or replats involving four or fewer lots fronting on an existing street and not requiring the creation of any new street or the extension of municipal facilities; or

(iii)

a replat under [Texas Local Government Code] Section 212.0145 that does not require the creation of any new street or the extension of municipal facilities.

(b)

The City Manager may, for any reason, elect to present the plat for approval to the City Council.

(c)

The City Manager shall not have the authority to disapprove any plat; but, rather, shall refer any plat, which the City Manager refuses to approve, to City Council.

(d)

Refers of plats to City Council under either subsection (b) or (c) shall occur within the time period specified in Texas Local Government Code Section 212.009.

(Ordinance 756 adopted 11/13/18)