Prior to the preparation of the preliminary plat, the subdivider
may meet with city staff concerning a proposed subdivision. Such step
does not require formal application, fee or filing of any plat with
the planning and zoning commission. At such meeting, the city staff
will be able to make any suggestions that would direct the proposed
subdivider toward desirable objectives and possibly prevent unnecessary
work if such objectives are not met.
(Ordinance 1057 adopted 5/5/10)
(a) Filing
procedure.
(1) The subdivider shall cause a preliminary plat to be prepared, together with other supplementary data as specified and shown in Appendix
A [of this exhibit] for formal submission to the planning and zoning commission.
(2) Six
prints of the preliminary plat shall be submitted to the planning
and zoning commission and filed with the city. A certificate of filing
shall be maintained by the city and a copy of such certificate shall
be given to the party filing the plat.
(3) A filing
fee, per subdivision, as established by the city council and on file
in the city secretary’s office, plus a fee, per residential
lot, as established by the city council and on file in the city secretary’s
office, shall be paid by the subdivider. Where acreage is involved,
such as, but not limited to, sites for industrial or commercial use,
housing projects and shopping centers, the subdivider shall pay a
filing fee, per acre, as established by the city council and on file
in the city secretary’s office.
(b) Master
preliminary of larger tract.
Where the proposed subdivision
constitutes a unit of a larger tract owned by the subdivider which
the subdivider intends to subsequently divide as additional units
of the same subdivision, the subdivision plat shall be accompanied
by a layout of the entire area, showing the tentative proposed layout
of streets, blocks and drainage for such area. The overall layout,
if approved by the planning and zoning commission, shall be attached
to and filed with a copy of the approved subdivision plat in the permanent
files of the city engineer and the planning and zoning commission.
Thereafter, fractional final plats of subsequent units of such
subdivision may be submitted without additional preliminary plat approval,
and shall conform to such approved overall layout, unless changed
by the planning and zoning commission. Where the subdivider does not
agree to such change, the planning and zoning commission may change
such approved overall layout only when it finds that adherence to
the previously approved overall layout will:
(1) Hinder
the orderly subdivision of other land in the area in accordance with
the provisions of this chapter; or
(2) Be
detrimental to the public health, safety or welfare, or will be injurious
to other property in the area.
Each subsequent fractional plat submitted for approval shall
be adjacent to a unit previously developed.
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(c) The failure
of the planning and zoning commission to act within thirty (30) days
of the filing of the preliminary plat shall be deemed to be an approval
of the plat, except as otherwise agreed to by the subdivider.
(d) The approval
of the preliminary plat shall expire one hundred and eighty (180)
days after the approval date, unless a corresponding final plat is
filed with the city. The planning and zoning commission if requested
by the subdivider may grant an extension of this time period.
(Ordinance 1057 adopted 5/5/10)
(a) After conditional approval of the preliminary plat, the subdivider shall cause a final plat to be prepared, together with supplementary data as specified and shown in Appendix
A [of this exhibit] for formal submission to the planning and zoning commission.
(b) Six prints
of the final plat shall be filed with the city to be submitted to
the planning and zoning commission. A certificate of filing shall
be maintained by the city and a copy of such certificate shall be
given to the party filing the plat.
(c) The subdivider
shall submit the following data at the time of filing the plat:
(1) A tax
certificate from the city, and other offices of taxing agencies within
whose jurisdiction the proposed subdivision lies, to the effect that
all ad valorem taxes have been paid on the land included within the
subdivision.
(2) A utility
certificate from the water and sewer departments approving the proposed
utilities layout and indicating that adequate service is available
to the subdivision.
(3) The
following data, prepared and stamped by a registered engineer, shall
be presented to and approved by the city engineer for compliance with
requirements before any subdivision, shall be approved by the planning
and zoning commission:
a. Streets,
alleys, sidewalks, crosswalks and monuments;
b. Storm
drainage data and proposed drainage structures;
c. Water
and sewer data and proposed structures.
(d) If constructions
of all improvements needed to serve the subdivision are not completed
prior to the filing of the plat, then the subdivider must have entered
into a financial agreement with the city secured by a bond or other
alternative financial guarantee such as a cash deposit or letter of
credit for the provision of improvements. The bond or financial guarantee
shall meet the criteria established in the model rules adopted under
Section 16.343, Water Code.
(e) The failure
of the planning and zoning commission to act within thirty (30) days
of the filing of the final plat, shall be deemed to be an approval
of the plat, except as otherwise agreed to by the subdivider.
(f) After
the approval of the final plat by the planning and zoning commission,
the final plat shall be submitted to the City Council for approval
before it is recorded.
(g) The failure
of the City Council to act within thirty (30) days of the approval
of the plat by the planning and zoning commission shall be deemed
to be an approval of the plat except as otherwise agreed to by the
subdivider.
(h) Unless
the final plat is recorded in the official county records within twelve
12 months of approval by the city council, the approval will be void,
unless the time is extended by the city council.
(Ordinance 1057 adopted 5/5/10)
Plats, amending plats, minor plats and replats as described
in Section 212.0065 of the Local Government Code may be approved by
the City Manager without the consideration of the planning and zoning
commission or the city council. The city manager may, for any reason
elect to present the plat for approval to the planning and zoning
commission. The city manager shall not disapprove a plat but shall
refer said plat to the planning and zoning commission.
(Ordinance 1057 adopted 5/5/10)
A short form procedure, omitting the filing of the preliminary
plat, may be followed when the proposed subdivision or resubdivision
meets the following requirements:
(1) The proposed
subdivision contains five lots or less, all fronting on a previously
dedicated street of an adequate width, and situated so that no additional
streets, alleys, easements or other public property are required in
order to meet the requirements of this chapter.
(2) The utilities
and drainage facilities, as required in this chapter, are in place
to serve each lot in the proposed subdivision and require no alterations,
or satisfactory arrangements have been made to effect any necessary
alterations.
(3) The proposed
subdivision abuts property that has previously been subdivided.
(Ordinance 1057 adopted 5/5/10)