Subdivider of property shall:

Consult early and informally with the Planning and Zoning Administrator.

Avail him or herself of the advice and assistance of the Planning and Zoning Administrator.

For property located outside the corporate limits of the City of Pottsboro but within its extraterritorial jurisdiction, shall also consult with the County Planning Administrator or his designated appointee in relation to those requirements established by the County for property located outside the corporate limits of the City of Pottsboro.

3.1.2

Zoning Administrator shall:

Informally confer with Subdivider.

Advise and assist the Subdivider in procedure for approval of plats and on regulations and policies of the City regarding development either within the corporate limits of the City or its extraterritorial jurisdiction.

3.1.3

Pre Application Acknowledgement Form (Appendix C) shall be complete at the time the Subdivider and Zoning Administrator meet to provide the city with contact information.

(Ordinance 1167 adopted 4/3/07)

§ 3.2 Procedure for Site Development Plan Approval.

3.2.1

Purpose and Applicability

Purpose.

The purpose of the site development plan is to assure conformity of the proposed development with the City of Pottsboro Comprehensive Plan.

Applicability.

A site development plan shall be required for any subdivision that is not a minor subdivision.

3.2.2

Application Requirements

Ten (10) copies of the proposed site development plan shall be submitted to the Planning and Zoning Administrator with the site development plan application (Appendix D). The site development plan shall be prepared by or under the supervision of a registered professional land surveyor in the State of Texas. No application for a site development plan shall be certified as complete by the Planning and Zoning Administrator unless the application is accompanied by the following:

Site Development Plan Contents.

The site development plan shall be submitted on sheets a maximum size of twenty-four (24) inches by thirty-six (36) inches and drawn to a scale of one hundred (100) feet to the inch, or in the case of small subdivisions, fifty (50) feet to the inch. In cases of large developments, which would exceed the dimensions of the sheet at a one hundred (100) foot scale, site development plan may be two hundred (200) feet to the inch. The plat shall contain the following graphic information:

The boundary lines with accurate distances and bearings and the exact location and width of all existing or recorded streets intersecting the boundary of the tract. The bearing system used for the plat shall be shown.

True bearings and distances to the nearest established survey lines and established subdivisions and additions, which shall be accurately described on the plat.

Accurate ties to the abstract and survey corners as required by Texas Surveying law and the amount of acreage in each abstract shown.

The Proposed layout including:

Proposed streets and alleys with names, easements, blocks, parks, etc., with principal dimensions.

The length of all arcs, radii, internal angles, points of curvature, length, and bearings of the tangents.

All easements for rights-of-way provided for public services or utilities and any limitations of the easements.

Proposed public services or utilities, etc., with principal dimensions.

All lot numbers and lines with accurate dimensions in feet and hundredths of feet and with bearings and angles to street alley lines.

The exact location of all contiguous property owned or controlled by the applicant. A separate drawing may be submitted for this purpose.

The location of all existing property lines, buildings, sewer or water mains, fire hydrants, gas mains or other underground structures, easements of record or other existing features within the area proposed for subdivision.

A designation of the zoning district(s) for the land included within the site development plan.

All physical features of the property to be subdivided or developed, including location and size of all water courses, ravines, bridges, culverts, existing structures, drainage area in acres or acreage draining into subdivisions and additions, and other features pertinent to subdivision. The outline of wooded areas or the location of important individual trees may be required.

The angle of intersection of the centerlines of all intersecting streets which are intended to be less than ninety (90) degrees.

10.

The accurate outline of all property which is offered for dedication for public use with the purpose indicated thereon, and of all property that may be reserved by deed covenant for the common use of the property owners in the subdivision.

11.

The name and location of a portion of adjoining subdivisions or developments shall be drawn to the same scale and shown in dotted lines adjacent to the tract proposed for subdivision in sufficient detail to show accurately the existing streets and alleys and other features that may influence the layout and development of the proposed subdivision. Where adjacent land is not subdivided, the owner’s name of the adjacent tract shall be shown.

12.

Proposed name of the subdivision.

13.

Name, address and phone number of the property owner and the name of the surveyor who prepared the plat.

14.

North arrow, scale, site location map and date.

15.

Certification by a surveyor to the effect that the site development plan represents a survey made by him and that all the monuments shown thereon actually exist, and that their location, size, and material description are correctly shown, and that the survey correctly shows the location of all visible easements and rights-of-way and all rights-of-way, easements and other matters of record affecting the property being platted.

16.

A notation in the legend labeling the document “Site Development Plan” and identifying the scale.

17.

Designation of remainder tracts (shown outside the boundaries of the area to be platted).

Format for Documents.

All documents shall be submitted in both printed and electronic versions unless otherwise specified. For maps and plats, the prints shall be both on full size 24" x 36" sheets and on approximately half-size (11" x 17" sheets). Other supporting documents shall be printed on 8 1/2" x 11" sheets.

Electronic formats for maps and plats shall be one of the following:

AutoCAD drawing files - DWG format

AutoCAD data exchange - DXF format

Bitmapped - BMP format at a resolution of not less than 600 dpi.

JPEG - at a resolution of not less than 600 dpi.

Encapsulated PostScript - EPS format.

TIFF - at a resolution of not less than 600 dpi.

Electronic formats for text and photographic documents shall be one of the following:

Microsoft Word

Corel WordPerfect

Microsoft PowerPoint

Electronic formats listed above except AutoCAD

Electronic copies may be submitted on a CD.

3.2.3

Staff Review and Distribution

Determination of Completeness.

The Planning and Zoning Administrator or his designee shall determine whether the site development plan application is complete within ten (10) working days of the date the application is submitted. The Administrator shall provide the applicant with written notification of his determination. If the application is incomplete, the Administrator shall return the application to the applicant with an explanation of additional items or documents that must be provided before the application can be considered complete. If the application is complete, the Administrator shall file the application with the Commission for decision and place the application on the agenda of a regularly scheduled or specially called meeting of the Commission.

Distribution for Review.

Site Development Plan and other required documents shall be distributed by the Planning and Zoning Administrator to the following:

Planning and Zoning Commission (7 printed copies). Electronic copies are not required.

City Council (6 printed copies). Electronic copies are not required.

Planning and Zoning Administrator (6 printed copies, 1 electronic copy and one 11" x 17" reduced scale print)

City Engineer (2 printed copies, 1 electronic copy and one 11" x 17" reduced scale print)

At least six (6) days prior to the meeting of the Planning and Zoning Commission at which the site development plan application is to be considered, each agency listed above other than City officials shall submit written recommendations concerning the plat application to the Planning and Zoning Administrator for consideration by the Commission.

Report.

A written report containing recommendations on the proposed site development plan shall be prepared by the City Engineer, incorporating the comments of the Planning and Zoning Administrator and other officials and agencies to which a request for review has been made. The report of the City Engineer shall be submitted to the Planning and Zoning Commission prior to the Commission’s review of the plat application. Any fee for reviewing the proposed plat application by the City Engineer shall be charged to the applicant.

3.2.4

Standards for Approval

Neither the Commission nor the Council shall recommend approval of, approve or conditionally approve a site development plan unless the following standards have been met:

The site development plan conforms to the goals and policies of the Pottsboro Comprehensive Master Plan and the Thoroughfare Plan incorporated therein.

Easements or rights-of-way for all public water, sanitary sewer, roadway, and drainage facilities have been designated.

Fire lanes access easements or street rights-of-way have been provided for access to all fire hydrants and fire department connections.

Easements have been designated for all landscaped buffers, public trails and open space.

The site development plan meets all other requirements of these subdivision and property development regulations.

Provision for public facilities adequate to serve the development of the property in accordance with Section 1.2(G) of these regulations has been made.

Payment of applicable fees has been made.

3.2.5

Approval Procedures

Action by Commission.

The Commission shall consider and take action on the site development plan application at a regularly scheduled or specially called meeting. Following review of [the] application, the Commission shall recommend approval of the application as submitted, approval of the application subject to conditions, or denial of the application. The action of the Planning and Zoning Commission shall be noted on two (2) copies of the site development plan, referenced and attached to any conditions determined. One (1) copy shall be returned to the applicant and the other retained in the files of the City staff. A notation of the action taken on each site development plan application and requisite reasons therefore [sic] shall be entered in the minutes of the Planning and Zoning Commission.

Processing of Site Development Plan Following Commission Recommendation.

Following action by the Commission recommending approval, approval subject to conditions or denial of the site development plan application, the Planning and Zoning Administrator shall place the application on the agenda of a regularly scheduled or specially called meeting of the City Council for review. The site development plan application, together with the recommendations established by the Planning and Zoning Commission, shall be forwarded to the City Council for its consideration. The applicant’s failure to have a representative at the meeting shall be grounds for disapproval of the application.

Withdrawal of Plat.

Following a recommendation of conditional approval or denial of the site development plan application by the Commission, the applicant may elect within five (5) working days of the Commission’s action to withdraw the plat application in order to prepare amendments or modifications responsive to the Commission’s recommendation. Written notice of withdrawal shall be sent to the Planning and Zoning Administrator within such period. In such event, the Planning and Zoning Administrator shall not schedule the plat application for consideration by the City Council. Upon resubmission of the modified site development plan application, the plat shall be considered by the Commission as a new application.

Council Action.

After review of the site development plan application, all staff reports, the Commission’s recommendations and the record of proceedings before the Commission, and following consideration of all materials presented at the public meeting, the City Council shall approve, approve subject to conditions, or deny the site development plan application. The action of the Council shall be noted on two (2) copies of the preliminary subdivision plat. One (1) copy shall be returned to the applicant and the other retained in the City files.

Conditions.

In order to assure that the site development plan application is in compliance with standards for approval, the Commission in its recommendation to the Council or the Council in taking action on the application may identify requirements or attach conditions to be satisfied prior to preliminary subdivision plat approval.

3.2.6

Expiration of Site Development Plan.

Site development Plan shall expire as provided in Section 3.9.8.B.

(Ordinance 1167 adopted 4/3/07)

§ 3.3 Developer’s contract.

Developer’s contract.

Prior to filing a preliminary subdivision plat the developer shall present to the city a developer’s contract on forms obtained from the city. This contract shall itemize the obligations of the developer and the city with regard to the proposed subdivision and shall itemize any approved variances from the developer’s ordinance. No work shall be performed within the proposed subdivision until the developer’s contract has been signed and properly notarized by the developer and the city. No work shall be performed within the proposed subdivision until the developer has a signed contract with a private contractor for the complete installation of all streets, utilities, and other improvements.

Professional Fee Escrow for Development Projects.

Establishment of escrow requirements authorized.

The City Manager is hereby authorized to undertake the establishment of escrow requirements of residential development prospects seeking to establish Development Agreements with the City of Pottsboro relating to projects outside Pottsboro City Limits, for which the developer may seek Pottsboro utility participation.

Scope of escrow requirements.

The City Manager is authorized to require an escrow which reflects the projected professional fees the City may incur incidental to investigating a proposed infrastructure plan to accommodate such residential development. Professional fees incurred by the City incidental to such residential development, relating to engineering, surveying or legal expenses, shall be paid from such escrowed funds and from time to time, the funds, facing depletion, shall upon the request of the City Manager, be replenished and increased by the prospective developer. All funds escrowed by the City in connection with such residential development project shall be utilized solely for professional fees directly related to the investigation and development of an infrastructure plan and negotiation and preparation of a Development Agreement concerning the proposed project.

Accounting and surplus escrow funds.

The developer shall be entitled to an accounting for all charges made against such escrowed funds. Any surplus funds shall be refunded to the prospective developer or its assigns upon completion of a Development Agreement or abandonment of the project by the prospective developer, upon ten days written notice to the City. The application of such escrowed funds to professional fees incurred by the City in connection with a prospective development project are nonrefundable to prospective developer, except to the extent a surplus in the escrow may develop upon abandonment of the prospective development project agreement or conclusion of the City’s negotiation of same.

Compliance with escrow procedures.

Failure to comply with the City’s escrow request for fees directly related to the City’s evaluation and consideration of a proposed development agreement shall establish sufficient grounds for the City to terminate evaluation and consideration of any proposed Development Agreement.

Appeal to city counsel.

A prospective developer may appeal to the City Council the City Manager’s requirements of escrow under this ordinance, the City’s accounting for same, or request waiver of the escrow requirements.

(Ordinance 1167 adopted 4/3/07)

§ 3.4 Master Plats.

Master Plat Applications.

A property owner may elect to divide property into phases for purposes of development through the use of a master plat, which shall be processed as an application for preliminary subdivision plat approval. Master plats may only be submitted for residential development within a standard zoning district. The master plat application (Appendix E) shall be consistent with the approved site development plan if the property is part of a residential planned development.

Schedule for Phased Development.

Master plats shall be accompanied by a schedule summarizing the intended plan of development in phases and the proposed dedication of land or rights-of-way for and construction of public improvements, whether on-site or off-site, intended to serve each proposed phase of the subdivision. All phases of the development shall be included in the preliminary plat application. Any contiguous land owned by the applicant that is not intended to be a part of the proposed staged development shall be identified with the designation “remainder tract.” A remainder tract shall be identified on the plat application, but shall not be included within the boundaries of the proposed plat.

Expiration of Master Plats.

Master plats shall expire as provided in Section 3.9.8.B.

(Ordinance 1167 adopted 4/3/07)

§ 3.5 Remainder Tracts.

Remainder tracts shall not be considered lots and shall not be included within the boundaries of the preliminary plat. Approval of a preliminary plat shall not constitute approval of development on a remainder tract.

Information accompanying a preliminary plat application for remainder tracts shall be deemed to be an aid to the Commission and the Council in taking action on the preliminary plat application and may be used to determine whether development of the land subject to the plat will be adequately served by public facilities and services and is otherwise in compliance with these regulations, taking into account the development of the property as a whole. Based upon such information, the Commission or the Council may require that additional land be included in the preliminary plat in order to satisfy the standards in these regulations.

(Ordinance 1167 adopted 4/3/07)

§ 3.6 Coordination of Zoning and Platting Applications.

Coordination Required.

Approval of applications for subdivision plats shall be coordinated with approval of zoning applications. In no case shall a subdivision plat application be accepted for filing until any pending zoning application for the same land has been finally approved.

Consistency Required.

No application for a subdivision plat shall be approved on land for which there is an approved site development plan unless the proposed plat conforms to such approved zoning application for the development.

Filing Prohibited.

A subdivision plat application shall be accepted for filing only after approval of the applicable zoning. A platting application may be accepted for review with the zoning application that immediately precedes the platting application.

[Reserved]

Conditions.

Conditions attached to approval of a site development plan shall be the basis for imposition of consistent conditions on preliminary subdivision or development plat applications.

Replats Included.

The provisions of this section 3.6 apply equally to replats.

(Ordinance 1167 adopted 4/3/07)

§ 3.7 Statutory Procedure.

Time for Action on Plat.

The Commission, or the Council as required by these regulations, shall take final action on each complete application for a preliminary or final subdivision plat, including applications for replats, within forty-five (45) days after the date the complete application for plat approval is officially filed.

Official Filing Date.

The official filing date for plats shall be the date on which the Planning and Zoning Administrator or his designee certifies in writing that the plat application is complete in accordance with the regulations governing submission requirements in this SECTION 3. The date from which the time period in Section 3.7.A. commences to run shall be the date the plat is deemed filed in accordance with this section. The acceptance or processing by any City official of a plat application prior to the official filing dates established in this section hereby is deemed to be null and void and, upon discovery, shall be grounds for denial of such plat application.

Compliance Procedure.

The Administrator shall place the plat application on a regularly scheduled or specially called meeting of the Commission and Council, as the case may be, prior to the expiration of forty-five (45) days following the official filing date. The Commission and Council shall approve, conditionally approve or deny such application within such period.

(Ordinance 1167 adopted 4/3/07)

§ 3.8 Pre-Platting Conference.

Prior to the filing of a preliminary plat application, the owner shall request a pre-platting conference with the Planning and Zoning Administrator or his designee for familiarization with the City’s subdivision and property development regulations and the relationship of the proposed subdivision or development to the Pottsboro Comprehensive Plan, Zoning Regulations and City Design Criteria. At such meeting, the general character of the development may be discussed, and items may be included concerning zoning, the availability of existing and demand for new utility service, street requirements, and other pertinent factors related to the proposed subdivision or development. At the pre-platting conference, the subdivider may be represented by his/her land planner, engineer, or surveyor.

(Ordinance 1167 adopted 4/3/07)

§ 3.9 Procedure for Preliminary Subdivision Plat Approval.

3.9.1

Purpose and Applicability

Purpose.

The purpose of the preliminary subdivision plat is to assure conformity of the proposed development with requirements and conditions imposed in approved zoning applications for the land subject to the proposed plat and to evaluate construction plans for public improvements or to provide adequate security for construction of the same.

Applicability.

A preliminary subdivision plat shall be required for any subdivision that is not a minor subdivision.

3.9.2

Application Requirements

Ten (10) copies and one Mylar of the proposed preliminary subdivision plat with the preliminary plat application (Appendix E) shall be submitted to the Planning and Zoning Administrator, and shall be accompanied by the same number of copies of additional documents set forth in subsection B, unless otherwise provided therein. The preliminary subdivision plat shall be prepared by or under the supervision of a registered professional land surveyor in the State of Texas and shall bear his/her seal, signature and date on each sheet (sample Surveyor’s Certificate is found in Appendix B). No application for a preliminary subdivision plat shall be certified as complete by the Planning and Zoning Administrator unless the application is accompanied by the following:

Preliminary Subdivision Plat Contents.

The proposed preliminary subdivision plat shall be submitted on sheets a maximum size of twenty-four (24) inches by thirty-six (36) inches and drawn to a scale of one hundred (100) feet to the inch, or in the case of small subdivisions, fifty (50) feet to the inch. In cases of large developments, which would exceed the dimensions of the sheet at a one hundred (100) foot scale, preliminary subdivision plats may be two hundred (200) feet to the inch. The plat shall contain the following graphic information:

True bearings and distances to the nearest established survey lines and established subdivisions and additions, which shall be accurately described on the plat.

Accurate ties to the abstract and survey corners as required by Texas Surveying law and the amount of acreage in each abstract shown.

The exact layout including:

Proposed streets and alleys with names, easements, blocks, parks, etc., with principal dimensions.

The length of all arcs, radii, internal angles, points of curvature, length, and bearings of the tangents.

All easements for rights-of-way provided for public services or utilities and any limitations of the easements.

Proposed public services or utilities, etc., with principal dimensions.

All lot numbers and lines with accurate dimensions in feet and hundredths of feet and with bearings and angles to street alley lines.

The exact location of all contiguous property owned or controlled by the applicant. A separate drawing may be submitted for this purpose.

A designation of the zoning district(s) for the land included within the subdivision plat.

The angle of intersection of the centerlines of all intersecting streets which are intended to be less than ninety (90) degrees.

10.

Covenants and restrictions - draft of any protective covenants whereby the subdivider proposes to regulate land use or development standards in the subdivision, or in which land is to be dedicated to a homeowners association.

Front setback lines.

Special restrictions including, but not limited to, water line, sanitary sewer line, drainage, and landscape easements; fire lanes; screening; buffering; standard notes for floodway, if applicable; finished floor elevation for lots adjacent to a floodway, within a floodplain or having an on-site sewerage facility; and other standard notes.

15.

Contours at ten (10) foot intervals are required.

16.

Proposed name of the subdivision.

17.

Name, address and phone number of the property owner and the name of the surveyor who prepared the plat.

18.

North arrow, scale, site location map and date.

19.

Certification by a surveyor to the effect that the plat represents a survey made by him and that all the monuments shown thereon actually exist, and that their location, size, and material description are correctly shown, and that the survey correctly shows the location of all visible easements and rights-of-way and all rights-of-way, easements and other matters of record affecting the property being platted.

20.

A notation in the legend labeling the document “Preliminary Plat” and identifying the scale.

21.

Designation of remainder tracts (shown outside the boundaries of the area to be platted).

22.

For master plats, designation of the boundaries of each phase.

Accompanying Documents

Preliminary plats shall be accompanied by a lot grading plan drawn at a scale of one hundred (100) feet to one (1) inch. Lot grading plans shall clearly show drainage patterns and elevations sufficient to determine drainage patterns and finished grade slopes. Lot grading plans shall be consistent with any open space or reclamation plans approved under the Zoning Regulations.

Boundary survey closure and area calculations shall be included.

Additional documents necessary for dedication or conveyance of easements or rights-of-way as required by the City to satisfy adequate public facilities standards shall be provided. The City may, in some instances, require the conveyance of fee simple title for certain rights-of-way.

A tax certificate showing that all taxes then due have been paid on the property shall be provided.

Floodplain Reclamation Permit application.

A receipt shall be submitted with the preliminary plat showing that the filing fees as prescribed by the City Council have been paid.

For master plats, a schedule summarizing the intended plan of development in phases and the proposed dedication of land or rights-of-way for and construction of public improvements, whether on-site or off-site, intended to serve each proposed phase of the subdivision.

For remainder tracts, the zoning designation for the tract and any pending applications for rezoning, or site development plans shall be provided. Information also shall be provided illustrating the location of all existing and proposed water, wastewater, roadway, and drainage easements or facilities located or proposed within the boundaries of the remainder tract.

Preliminary construction plans consistent with approved zoning applications and the proposed preliminary subdivision plat shall be submitted.

10.

A letter of credit issued by a federally insured financial institution.

Format for Documents.

Electronic formats for maps and plats shall be one of the following:

AutoCAD drawing files - DWG format

AutoCAD data exchange - DXF format

Bitmapped - BMP format at a resolution of not less than 600 dpi.

JPEG - at a resolution of not less than 600 dpi.

Encapsulated PostScript - EPS format.

TIFF - at a resolution of not less than 600 dpi.

Electronic formats for text and photographic documents shall be one of the following:

Microsoft Word

Corel WordPerfect

Microsoft PowerPoint

Electronic formats listed above except AutoCAD

Electronic copies may be submitted on a CD.

3.9.3

Staff Review and Distribution

Determination of Completeness.

The Planning and Zoning Administrator or his designee shall determine whether the preliminary subdivision plat application is complete within ten (10) working days of the date the application is submitted. The Administrator shall provide the applicant with written notification of his determination. If the application is incomplete, the Administrator shall return the application to the applicant with an explanation of additional items or documents that must be provided before the application can be considered complete. If the application is complete, the Administrator shall file the application with the Commission for decision and place the application on the agenda of a regularly scheduled or specially called meeting of the Commission.

Distribution for Review.

Preliminary subdivision plats and other required documents shall be distributed by the Planning and Zoning Administrator to the following:

Planning and Zoning Commission (7 printed copies). Electronic copies are not required.

City Council (6 printed copies). Electronic copies are not required.

Planning and Zoning Administrator (6 printed copies, 1 electronic copy and one 11" x 17" reduced scale print)

City Engineer (2 printed copies, 1 electronic copy and one 11" x 17" reduced scale print)

Electricity Provider (1 printed copy)

Natural Gas Provider (1 printed copy)

Telephone Service Provider (1 printed copy)

Cable Service Provider (1 printed copy)

Postmaster (1 printed copy)

At least six (6) days prior to the meeting of the Planning and Zoning Commission at which the preliminary subdivision plat application is to be considered, each agency listed above other than City officials shall submit written recommendations concerning the plat application to the Planning and Zoning Administrator for consideration by the Commission.

Report.

A written report containing recommendations on the proposed preliminary subdivision plat shall be prepared by the City Engineer, incorporating the comments of the Planning and Zoning Administrator and other officials and agencies to which a request for review has been made. The report of the City Engineer shall be submitted to the Planning and Zoning Commission prior to the Commission’s review of the plat application. Any fee for reviewing the proposed plat application by the City Engineer shall be charged to the applicant.

3.9.4

Standards for Approval

Neither the Commission nor the Council shall recommend approval of, approve or conditionally approve a preliminary subdivision plat unless the following standards have been met:

The plat conforms to the approved zoning applications for the land subject to the preliminary subdivision plat and any conditions attached thereto.

The plat conforms to the goals and policies of the Pottsboro Comprehensive Master Plan and the Thoroughfare Plan incorporated therein.

Easements or rights-of-way for all public water, sanitary sewer, roadway, and drainage facilities have been designated.

Fire lanes access easements or street rights-of-way have been provided for access to all fire hydrants and fire department connections.

Easements have been designated for all landscaped buffers, public trails and open space.

The plat meets all other requirements of these subdivision and property development regulations.

Provision for public facilities adequate to serve the development of the property in accordance with Section 1.2(G) of these regulations has been made.

Construction plans are complete and consistent with approved zoning applications and the preliminary subdivision plat.

For master plats, each phase of the development is to be supported by timely provision of adequate public facilities.

10.

Payment of applicable fees has been made.

3.9.5

Approval Procedures

Action by Commission.

The Commission shall consider and take action on the preliminary subdivision plat application at a regularly scheduled or specially called meeting. Following review of application, the Commission shall recommend approval of the application as submitted, approval of the application subject to conditions, or denial of the application. The action of the Planning and Zoning Commission shall be noted on two (2) copies of the preliminary subdivision plat, referenced and attached to any conditions determined. One (1) copy shall be returned to the applicant and the other retained in the files of the City staff. A notation of the action taken on each preliminary subdivision plat application and requisite reasons therefore [sic] shall be entered in the minutes of the Planning and Zoning Commission.

Processing of Plat Following Commission Recommendation.

Following action by the Commission recommending approval, approval subject to conditions or denial of the preliminary subdivision plat application, the Planning and Zoning Administrator shall place the application on the agenda of a regularly scheduled or specially called meeting of the City Council for review. The preliminary subdivision plat application, together with the recommendations established by the Planning and Zoning Commission, shall be forwarded to the City Council for its consideration. The applicant’s failure to have a representative at the meeting shall be grounds for disapproval of the application.

Withdrawal of Plat.

Following a recommendation of conditional approval or denial of the preliminary subdivision plat application by the Commission, the applicant may elect within five (5) working days of the Commission’s action to withdraw the plat application in order to prepare amendments or modifications responsive to the Commission’s recommendation. Written notice of withdrawal shall be sent to the Planning and Zoning Administrator within such period. In such event, the Planning and Zoning Administrator shall not schedule the plat application for consideration by the City Council. Upon resubmission of the modified preliminary subdivision plat application, the plat shall be considered by the Commission as a new application.

Council Action.

After review of the preliminary subdivision plat application, all staff reports, the Commission’s recommendations and the record of proceedings before the Commission, and following consideration of all materials presented at the public meeting, the City Council shall approve, approve subject to conditions, or deny the preliminary subdivision plat application. The action of the Council shall be noted on two (2) copies of the preliminary subdivision plat. One (1) copy shall be returned to the applicant and the other retained in the City files.

Conditions.

In order to assure that the preliminary subdivision plat application is in compliance with standards for approval, the Commission in its recommendation to the Council or the Council in taking action on the application may identify requirements or attach conditions to be satisfied prior to final subdivision plat approval.

3.9.6

Effect of Council Action

Approval or conditional approval of a preliminary subdivision plat application by the Council constitutes authorization for the City Engineer to release construction plans following review and final approval. Upon release of the construction plans, the City Engineer shall issue a certificate indicating the construction plans have been released and construction of the public improvements are thereafter authorized and that grading by the property owner may commence. Additional certificates may be issued by the City Engineer authorizing the construction of private utilities on a phased schedule.

Approval of a preliminary subdivision plat application also authorizes the property owner, upon fulfillment of all requirements and conditions of approval, to submit an application for final plat approval. Conditional approval of the preliminary plat by the City Council, however, shall not constitute approval of the final plat.

If the City Council denies the preliminary subdivision plat application, the applicant may not file a substantially similar application for a period of six (6) months following such denial.

3.9.7

Amendments to Preliminary Plat

Proposed Amendments.

At any time following approval of a preliminary subdivision plat application by the City Council, and before the expiration of such approval, a property owner may request an amendment.

A minor amendment shall include minor changes of street and alley alignments, lengths, and paving details, the adjustment of lot lines not resulting in new lots, and variation from other details of the original preliminary plat as may be designated by the Planning and Zoning Commission, provided that such changes comply with these regulations. Major amendments include all other proposed changes.

The Commission may approve or deny a minor amendment subject to the standards in these regulations. Major amendments shall be approved under the same procedures and standards required for approval of the original preliminary subdivision plat application.

Approval.

The Commission shall recommend and the Council shall approve, conditionally approve or deny any proposed major amendment and may make any modifications to the terms and conditions of preliminary subdivision plat approval reasonably related to the proposed amendment.

Retaining Previous Approval.

Unless the previous preliminary subdivision plat has been withdrawn, if the applicant is unwilling to accept the proposed amendment under the terms and conditions required by the City, the applicant may withdraw the proposed amendment and the previously approved preliminary subdivision plat shall remain in effect, subject to all conditions of approval and subject to expiration dating from the original approval.

3.9.8

Expiration of Approval, Extension and Reinstatement Procedure

Expiration of Preliminary Subdivision Plat.

Unless a shorter time is required by the City’s zoning regulations or by conditions attached to the original approval of the application, the approval of a preliminary subdivision plat application shall remain in effect for a period of two (2) years from the date that the application was approved or conditionally approved by the City Council, during which period the applicant shall submit and receive approval for a final subdivision plat for the land subject to the preliminary subdivision plat. If a final subdivision plat application has not been approved within [a] two-year period, the preliminary subdivision plat approval shall expire and such plat shall be null and void. Thereafter, the property owner shall be required to obtain approval for a new preliminary subdivision plat subject to the then existing Pottsboro zoning, subdivision and property development regulations prior to development of the land.

Master Plats.

An application for final subdivision plat shall be submitted and approved for the initial phase of an approved master plat within two years from the date the master plat was approved or conditionally approved by the City Council. Thereafter, for each subsequent phase of the development, an application for final subdivision plat shall be submitted and approved within two years from the date the preceding phase of the master plat was approved or conditionally approved by the City Council. If a final subdivision plat application has not been approved within such two-year period for any phase of the master plat, preliminary subdivision plat approval for such phase and all succeeding phases shall expire and such preliminary subdivision plats shall be null and void. Thereafter, the property owner shall be required to obtain approval for a new preliminary subdivision plat for all such expired phases of the original master plat, subject to the then existing Pottsboro zoning, subdivision and property development regulations prior to development of the land.

Extension of Approval.

At least sixty (60) days prior to the expiration of approval for the preliminary subdivision plat, the property owner may petition the City Council to extend or reinstate the approval. Such petition shall be considered and decided at a public meeting of the Council prior to expiration of the preliminary subdivision plat.

In determining whether to grant such request, the Council takes into account the reasons for delay in development of the land, the ability of the property owner to comply with any conditions attached to the original approval and the extent to which newly adopted subdivision and property development regulations shall apply to the plat. The Council shall extend the plat or deny the request, in which instance the plat shall expire in accordance with this section.

The Council may extend the time for expiration of the plat for a period not to exceed one (1) year.

(Ordinance 1167 adopted 4/3/07)

§ 3.10 Engineering Inspection Fee.

An engineering inspection fee equal to three percent (3.0%) of the total costs of the site and/or subdivision construction of public and private improvements, including but not limited to, landscaping, grading, paving, utility, drainage, hardscaping, lighting, screening and signage improvements (as determined by the City’s consulting engineer), including water, sewer, paving, and drainage facilities, shall be paid prior to the initiation of any construction. Subdivider shall submit to the City’s consulting engineer an executed contracts of construction costs. Construction shall not begin until the City’s consulting engineer has approved the contracted costs.

The City shall hold twenty-five percent (25%) of the subdivider’s inspection fee in an escrow account.

The subdivider shall submit to the City documentation showing actual cost of construction when construction is completed. If actual cost is less than the original estimate, the City shall refund the appropriate amount. If the actual construction cost is greater than the original estimate, subdivider shall pay to the City the appropriate amount, based on three (3.0%) of actual costs.

(Ordinance 1424 adopted 2/4/19)

§ 3.11 Construction Procedures.

The provisions in Section 4 shall be the procedures for construction of the subdivision or development.

Preconstruction Conference.

Prior to construction of the subdivision the developer shall request a pre-construction conference with the Planning and Zoning Administrator or his designee for familiarization with the City’s subdivision and property development regulations and the relationship of the proposed subdivision or development to the Pottsboro Comprehensive Plan, Zoning Regulations and City Design Criteria. The City Engineer shall require that all contractors participating in the construction shall meet for a pre-construction conference to discuss the project prior to beginning work.

(Ordinance 1167 adopted 4/3/07; Ordinance 1424 adopted 2/4/19)

§ 3.12 Procedure for Final Subdivision Plat Approval.

3.12.1

Purpose and Applicability

Purpose.

The purpose of a final subdivision plat is to enable recordation of the subdivision of property that includes the elements and is in compliance with the requirements of Tex. Loc. Gov’t Code ch. 212 and that meets the requirements of these subdivision and property development regulations.

Applicability.

A final subdivision plat shall be required for all subdivisions of property.

3.12.2

Timing of Public Improvements

Unless the City Council authorizes deferral of such obligations pursuant to subsection B, all public improvements serving a subdivision shall be installed, offered for dedication and accepted by the City prior to issuance of a building permit. All landscaping, buffering, screening and erosion control measures shall be completed and be in good condition as determined by the City.

The City Council upon petition by the applicant, or upon its own motion, may permit or require the deferral of the construction of public improvements if, in its sole judgment, deferring the construction would not result in any harm to the public, or offer significant advantage in coordinating the site’s development with adjacent properties and off-site public improvements. If the Council authorizes deferral of construction of some or all public improvements required to support the subdivision, provision for constructing and assuring construction of such improvements shall be made in accordance with SECTION 4 of the final subdivision plat by the Council.

3.12.3

Application Requirements

Ten (10) copies and two (2) Mylar of the final subdivision plat, with the final plat application (Appendix E), and a reproducible transparent drawing, prepared to a scale of 1" = 100' or larger, shall be submitted to the Planning and Zoning Administrator, and shall be accompanied by the same number of copies of additional documents set forth in subsection B, unless otherwise provided therein. The final subdivision plat shall be prepared by or under the supervision of a registered professional land surveyor in the State of Texas and shall bear his/her seal, signature and date on each sheet (sample surveyor’s certificate is found in Appendix B). No application for a final subdivision plat shall be certified as complete by the Planning and Zoning Administrator unless the application is accompanied by the following:

Final Subdivision Plat Contents.

When more than one sheet is used for a plat, a key map showing the entire subdivision at smaller scale with block numbers and street names shall be shown on one of the sheets or on a separate sheet of the same size. The final subdivision plat shall contain the following graphic information:

All requirements set forth for preliminary subdivision plats in § 3.9.2.A, except the following:

Existing or proposed buildings and utilities.

Physical features.

Contours.

Zoning information.

The name of the owner and/or subdivider and of the surveyor responsible for the plat and the following language:

Notice: Selling a portion of this addition by metes and bounds is a violation of the City Ordinance and state law and subject to fines and withholding of utilities and building permits.

The name of the subdivision or development and adjacent subdivisions or developments, the names of streets (to conform wherever possible to existing street names) and number of lots and blocks, in accordance with a systematic arrangement. In case of branching streets, the lines of departure shall be indicated.

An accurate boundary survey of the property, with bearings and distances, referenced to survey lines and established subdivisions or developments, and showing the lines of adjacent lands and the lines of adjacent streets and alleys, with their width and names. Street, alley and lot lines in adjacent subdivisions or developments shall be shown in dashed lines. The bearing system used for the plat shall be shown.

Location of lots, streets, public highways, alleys, parks and other features, with accurate dimensions in feet and decimal fractions of feet, with the length of radii and of arcs of all curves, all angles, and with all other engineering information necessary to reproduce the plat on the ground. Dimensions shall be shown from all angle points. The plat shall be marked with a notation indicating formal offers of dedication.

The location of building lines on front and side streets and the location of utility easements.

The accurate location, material, and size of all monuments approved by the City Engineer. For all subdivisions or developments, global positioning systems (GPS) shall be used to establish the location of a minimum of two corners of the subdivision. The establishing of the location of one additional monument by GPS may be required for each additional twenty acres or fraction thereof for developments that are larger than twenty acres. These monuments shall be tied vertically and horizontally to the City’s existing GPS coordinate system. All GPS coordinates shall be determined such that the maximum error does not exceed 0.05 feet. Elevations and the location of all other subdivision corner monuments shall be established to at least third order accuracy.

The following certificates shall be placed on the plat in a manner that will allow them to be clearly visible on the Final Plat.

RECOMMENDED FOR APPROVAL BY THE PLANNING AND ZONING COMMISSION OF POTTSBORO, TEXAS, on the ______ day of _____________, 20 _____.
	ATTEST:
Chairman	City Secretary
APPROVED BY THE CITY COUNCIL OF POTTSBORO, TEXAS, on the ______ day of _____________, 20_____.
	ATTEST:
Mayor	City Secretary

Accompanying Documents

An instrument of dedication shall be provided that is signed and acknowledged by the owner or owners and by all other parties who have a mortgage or lien interest in the property, showing all restrictions, reservations and/or easements, if any, to be imposed and reserved in connection with the addition. Easements shall be provided for all landscaped areas, open space areas, public trails, utilities and drainage ways, whether within the platted area or off site, that will allow but not require the City to maintain these areas.

A certificate of dedication shall be provided incorporating irrevocable offers of dedication to the public of all streets, public highways, alleys, parks, easements, and other land intended for public use, signed by the owner or owners and by all other parties who have a mortgage or lien interest in the property. The certificate of dedication shall incorporate the standard easement language of the City of Pottsboro as jointly prepared by the City Attorney and the City Engineer. All deed restrictions that are to be filed with the plat shall be submitted with the final plat.

A tax certificate showing that all taxes then due have been paid on the property shall be provided.

Certification shall be provided by a surveyor, duly licensed by the State of Texas, that the plat represents a survey he made, and that all the necessary survey monuments are correctly shown thereon, in accordance with section 5.1(E).

Three (3) sets of final construction plans and as-builts shall be provided. Unless a public improvement agreement has been executed in accordance with section 4.1, the final subdivision plat also shall be accompanied by two Mylar reproducible and electronic set of “record drawings” prepared in accordance with Section 4.3 and meeting the City of Pottsboro City Design Criteria (Section 5) of the construction plans for all water, sanitary sewer, drainage and paving facilities and any other public improvements required to serve the subdivision.

A certified grading plan prepared by a registered professional land surveyor showing finished grade elevations and demonstrating that the completed grading is consistent with the approved grading plan shall be provided.

Certification or approval of the plat by all electric, cable TV, gas and telephone companies that will serve the development shall be provided and that all easements that are required by these utility companies have been described on the plat.

If a public improvement agreement is proposed in lieu of construction of public facilities, a complete draft of the public improvement agreement prepared in accordance with Section 4.1 of these regulations, together with a security authorized in Section 4.1 in a form satisfactory to the City Attorney and in an amount established by the City Council upon recommendation of the City Engineer, shall be provided. The agreement shall include a provision that the property owner shall comply with all terms of the final subdivision plat approved by the Council.

A plat fee, together with other authorized fees applicable to the development, in an amount as set by the City Council.

Format for Documents.

Unless otherwise specified, all documents shall be submitted in both printed and electronic versions as required by § 3.9.2.

3.12.4

Staff Review and Distribution

Determination of Completeness.

The Planning and Zoning Administrator or his designee shall determine whether the final subdivision plat application is complete within ten (10) working days of the date the application is submitted. The Administrator shall provide the applicant with written notification of his determination. If the application is incomplete, the Administrator shall return the application to the applicant with an explanation of additional items or documents that must be provided before the application can be considered complete. If the application is complete, the Administrator shall file the application with the Commission for decision and place the application on the agenda of a regularly scheduled or specially called meeting of the Commission.

Distribution for Review.

Final subdivision plats and other required documents shall be distributed by the Planning and Zoning Administrator to the following:

Planning and Zoning Commission (7 printed copies). Electronic copies are not required.

City Council (6 printed copies). Electronic copies are not required.

Planning and Zoning Administrator (6 printed copies, 1 electronic copy and one 11" x 17" reduced scale print)

City Engineer (2 printed copies, 1 electronic copy and one 11" x 17" reduced scale print)

Postmaster (1 printed copy)

Report.

A written reports containing recommendations on the proposed final subdivision plat shall be prepared by the City Engineer, and City Planner, incorporating the comments of the Planning and Zoning Administrator and other officials. The reports of the City Engineer shall be submitted to the Planning and Zoning Commission prior to the Commission’s review of the plat application. Any fee for reviewing the proposed plat application by the City Engineer shall be charged to the applicant.

3.12.5

Standards for Approval.

Neither the Commission nor the Council shall recommend approval of or approve a final subdivision plat unless the following standards have been met:

The plat substantially conforms to the preliminary subdivision plat, if a preliminary subdivision plat was required, including master plat requirements for phasing and provision of adequate public facilities.

The plat satisfies conditions attached to approval of the preliminary subdivision plat.

Required public improvements have been constructed and accepted or a public improvement agreement has been accepted by the City providing for the subsequent completion of improvements.

The plat conforms to the approved zoning applications for the land subject to the final subdivision plat and any conditions attached thereto.

The plat meets all other requirements of these subdivision and property development regulations.

Payment of all fees has been made.

3.12.6

Approval Procedures

Action by Commission.

The Commission shall consider and take action on the final subdivision plat application at a regularly scheduled or specially called meeting. Following review of the application, the Commission shall recommend approval or denial of the application. In denying the application, the Commission may identify conditions that, if satisfied, would lead to approval of the application. The action of the Planning and Zoning Commission shall be noted on two (2) copies of the final subdivision plat, referenced and attached to any conditions determined. One (1) copy shall be returned to the applicant and the other retained in the files of the City staff. A notation of the action taken on each final subdivision plat application and requisite reasons therefore [sic] shall be entered in the minutes of the Planning and Zoning Commission.

Processing of Plat Following Commission Action.

Following action by the Commission recommending approval or denial of the final subdivision plat application, the Planning and Zoning Administrator shall place the application on the agenda of a regularly scheduled or specially called meeting of the City Council for review. The final subdivision plat application, together with the recommendations established by the Planning and Zoning Commission, shall be forwarded to the City Council for its consideration. The applicant’s failure to have a representative at the meeting shall be grounds for disapproval of the application.

Withdrawal of Plat.

Following a recommendation of denial of the final subdivision plat application by the Commission, the applicant may elect within five (5) working days of the Commission’s action to withdraw the plat application in order to prepare amendments or modifications responsive to the Commission’s recommendation. Written notice of withdrawal shall be sent to the Planning and Zoning Administrator within such period. In such event, the Planning and Zoning Administrator shall not schedule the plat application for consideration by the City Council. Upon resubmission of the modified final subdivision plat application, the plat shall be considered by the Commission as a new application.

Council Action.

After review of the final subdivision plat application, all staff reports, the Commission’s recommendations and the record of proceedings before the Commission, and following consideration of all materials presented at the public meeting, the City Council shall approve, deny or deny subject to reconsideration the final subdivision plat application. In denying the application subject to reconsideration, the Council shall identify conditions that, if satisfied, would lead to approval of the application. The action of the Council shall be noted on two (2) copies of the final plat. One (1) copy shall be returned to the applicant and the other retained in the City files. Notation of the action taken on the final subdivision plat application and the requisite reasons therefore [sic] shall be entered in the minutes of the Council.

3.12.7

Effect of Council Action

Effect of Approval.

Approval of a final subdivision plat application by the City Council shall serve as certification that the plat complies with these subdivision and property development regulations. Approval of the application also shall authorize the mayor to execute any public improvement agreement submitted with the application. The owner shall be notified in writing that the final subdivision plat has been approved.

Right to Record.

An approved and signed final plat may be filed with the County as a record of the subdivision of land, and the dedication of rights-of-way, easements and other covenants and may be used to reference lots and interests in property thereon defined for the purpose of conveyance and development as allowed by these regulations.

Denial With Reconsideration.

Denial of a final subdivision plat application by the City Council subject to reconsideration shall authorize the applicant to file a modified application with the City Council without prior review by the Commission. In such event, the official filing date shall be the date on which the Planning and Zoning Administrator certifies that the modified final subdivision plat application is complete.

Denial Without Reconsideration.

Denial of a final subdivision plat application by the City Council without recourse to reconsideration shall require the applicant to prepare a new application in accordance with the requirements and subject to the procedures of this Section 3.12, provided that such application is finally approved prior to expiration of the approved preliminary subdivision plat.

3.12.8

Signing and Recording of Final Plat

When a public improvement agreement and security are required, the Mayor and the City Engineer shall endorse approval on the final plat after the agreement and security have been approved by the Council, and all the conditions pertaining to the final plat have been satisfied.

When installation of public improvements is required prior to approval of the final plat, the Mayor shall endorse approval on the final plat after all conditions of approval have been satisfied and all public improvements satisfactorily completed. There shall be written evidence that the required public facilities have been installed in a manner satisfactory to the City as shown by a certificate signed by the City Engineer stating that the necessary dedication of public lands and installation of public improvements has been accomplished.

It shall be the responsibility of the City to file the final plat with the County Clerk. Simultaneously with the filing of the final plat, the City shall record such other agreements of dedication and legal documents as shall be required to be recorded by the City Attorney. The final plat, bearing all required signatures, shall be recorded after final approval and within ten (10) working days of its receipt. One (1) mylar copy and one paper copies of the recorded final plat will be provided to the property owner by the City.

A developer or subdivider, at his/her option, may obtain approval of a portion or a section of a subdivision provided he/she meets all the requirements of this article [section] with reference to such portion or section in the same manner as is required for a complete subdivision. In the event a subdivision and the Final Plat thereof is approved by the City Council in sections, each Final Plat of each section is to carry the name of the entire subdivisions, but is to bear a distinguishing letter, number or subtitle. Block numbers shall run consecutively throughout the entire subdivision, even though such subdivision may be finally approved in sections.

(Ordinance 1167 adopted 4/3/07; Ordinance 1424 adopted 2/4/19)

§ 3.13 Petition for Hardship Exception.

Petition for Exception.

The applicant for a subdivision application or the owner of the property subject thereto may petition the City Council for exception of any standard of this Subdivision Ordinance or the imposition of a condition related thereto, where the petitioner alleges that unreasonable hardships will result from strict compliance with such standard or condition.

Procedures.

A petition for an exception shall be submitted in writing to the Planning and Zoning Administrator (or his designee) by the petitioner at the time the subdivision application is filed for the consideration by the Planning and Zoning Commission. The petition shall state fully the grounds for the application, and all of the facts relied upon by the petitioner. The City staff shall prepare a report evaluating the request for exception and make its recommendation to the Commission. The Commission shall make its recommendation and the City Council shall finally act on the petition for an exception in conjunction with the action taken by each on the subdivision application.

Criteria for Approval.

The City Council, following recommendation by the Planning and Zoning Commission, may grant or conditionally grant the exception only upon finding that:

Granting the exception will not be detrimental to the public safety, health or welfare, and will not be injurious to other property;

The conditions upon which the request for an exception is based are unique to the property for which the exception is sought, and are not applicable generally to other property;

Because of the particular physical surroundings, shape or topographical conditions of the specific property involved, a particular hardship to the owner would result, as distinguished from a mere inconvenience, if the standard is strictly applied;

The exception will not result in variation of the provisions of the Zoning Ordinance or Comprehensive Plan, Future Land Use Plan, Thoroughfare Plan, Water and Wastewater Master Plans, or other adopted plans; and. [sic]

The exception is not contrary to the intent and purpose of these subdivision regulations.

Conditions.

In approving an exception, the City Council may require such conditions as will, in its judgment, secure substantially the purposes described in Section 1.2.

(Ordinance 1167 adopted 4/3/07; Ordinance 1424 adopted 2/4/19)

§ 3.14 Petition for Relief.

Petition for Relief.

The applicant for a subdivision application or the owner of the property subject thereto may petition the City Council for relief from the application of any provision of this Subdivision Ordinance that requires dedication of an interest in land for rights-of-way or construction of capital improvements in order to provide adequate water, wastewater, roadway or drainage facilities to serve the proposed subdivision, or the imposition of a condition related thereto. The petition must allege that application of the provision or the imposition of conditions relating to the provision and requiring such dedication of land or construction of capital improvements is not roughly proportional to the nature and extent of the impacts created by the proposed development on the City’s water, wastewater, roadway or drainage facilities system, as the case may be, or does not reasonably benefit the proposed development. The petition may also allege that the application of the provision or the imposition of conditions relating to the provision deprives the applicant or the property owner of the economically viable use of the land, or of a vested property right.

Prior to decision by the Commission on a subdivision application subject to this section, an applicant who proposes to challenge the application of a provision that requires dedication of an interest in land for rights-of-way or construction of capital improvements to serve the proposed subdivision, or the imposition of conditions related thereto, shall file a notice of intent to appeal such determination to the City Council. Approval of such subdivision application by the Commission shall include a condition that approval is subject to the Council’s decision on the petition for relief.

If a petition for an exception from the requirements of this Subdivision Ordinance pursuant to Section 3.15 has been filed by the petitioner, the petition for relief may be submitted in conjunction with the Council’s review of such request.

If the subdivision application otherwise may be finally decided by an administrative officer or the Commission, the petition for relief shall be submitted by the petitioner within ten (10) days of receiving the staff report applying the requirement or imposing the condition.

Study required.

The applicant or property owner shall provide a study in support of the petition for relief that includes the following information:

Total capacity of the City’s water, wastewater, roadway or drainage facilities system to be utilized by the proposed development, employing standard measures of capacity and equivalency tables relating the type of development proposed to the quantity of system capacity to be consumed by the development. If the subdivision application is part of a phased development project, such information also shall be provided for the entire development proposed, including any phases already developed.

Total capacity to be supplied to the City’s water, wastewater, roadway or drainage facilities system by the proposed dedication of an interest in land for rights-of-way or construction of capital improvements. If the subdivision application is part of a phased development project, the information shall include any capacity supplied by prior dedications or construction of capital improvements.

The study supplied by the petitioner shall be evaluated by City staff, who shall make its recommendation to the City Council based upon the information contained in the study and any additional information related to the petition produced by the staff. In evaluating the petition, the staff shall take into account the maximum amount of any impact fees to be assessed against the development, as well as any traffic impact, drainage or other adequate facilities studies evaluating the impacts of the development or similar developments on the City’s water, wastewater, roadway or drainage facilities systems.

Action on Petition.

The City Council shall consider the petition and determine whether the application of the provision requiring dedication of an interest in land for rights-of-way or construction of capital improvements in order to provide adequate water, wastewater, roadway or drainage facilities to serve the proposed subdivision, or the imposition of a condition related thereto, is roughly proportional to the nature and extent of the impacts created by the proposed development on such public facilities systems, and reasonably benefits the development. In making such determination, the City Council shall consider the evidence submitted by the applicant or property owner and the staff’s recommendation. If the petition also alleges that the proposed dedication or construction requirements constitute a deprivation of the economically viable use of the land or of a vested property right, the Council also shall resolve such issues. Following such determinations, the Council may take any of the following actions:

Deny the petition for relief, and impose the requirement or condition; or

Deny the petition for relief, upon finding that the proposed dedication or construction requirements are inadequate to offset the impacts of the development on community water, wastewater, roadway or drainage facilities, and either deny the subdivision application or require that additional dedications of rights-of-way for or improvements to such facilities systems be made as a condition of approval of the application; or. [sic]

Grant the petition for relief, and waive in whole or in part any dedication or construction requirement that is not roughly proportional; or

Grant the petition for relief, and direct that the City participate in the costs of acquiring right-of-way for or constructing such facility pursuant to standard participation policies.

(Ordinance 1167 adopted 4/3/07; Ordinance 1424 adopted 2/4/19)

§ 3.15 Amended Plats, Replats, Resubdivision and Vacation of Plats.

3.15.1

Replats Without Vacation

Replat of a subdivision, or a portion thereof, may be recorded and shall be deemed controlling over the preceding plat of the subdivision without vacation of that plat when:

The replat has been signed and acknowledged by only the owners of the property being replatted; and

The replat does not attempt to amend or remove any covenants, easements or restrictions contained in the preceding plat; and

The replat, following a public hearing, is approved in accordance with the procedures and standards applicable to the preceding plat under this Ordinance.

3.15.2

Filing Time

Filing time for replats shall be governed by § 3.7.

3.15.3

Special Replat Requirements

Circumstances.

The following additional requirements for approval shall apply, in any replatting of a subdivision or development, without vacating the preceding plat, if any of the proposed area to be replatted was, within the immediate preceding five (5) years, limited by an interim or permanent zoning classification to residential use for not more than two (2) residential units per lot, or if any lot in the immediate previous subdivision was limited by deed restrictions to residential use for not more than two (2) residential units per lot: [lot.]

Notice.

Notice of public hearings shall be given in advance, in the following manner:

Publication before the 15th day before the date of the public hearing in the official newspaper of the City of Pottsboro.

Written notice of such public hearing, together with a copy of protest provisions, forwarded by the Council to owners of lots (as the ownerships appear on the last approved ad valorem tax roll of the City) that are in the original subdivision and that are within 200 feet of the lots to be replatted before the 15th day before the date of public hearing. Such notice may be served by depositing the same, properly addressed and postage prepaid, in a postal depository within the City or at the post office in Pottsboro.

Protest.

Where the proposed replat requires an exception, upon written petition signed by the owners of at least 20% of the area of the lots or land immediately adjoining the area covered by the proposed replat and extending 200 feet from that area, but within the original subdivision, and which petition is filed prior to the close of the public hearing, approval of the replat shall require the affirmative vote of at least three-fourths (3/4) of the members of the Council present at the hearing. In computing percentages of ownership, each lot in such subdivision shall be considered equal to all other lots, regardless of size or number of owners, and the owners of each lot shall be entitled to cast only one (1) vote per lot. In computing the percentage of land area under this section, the area of streets and alleys shall be included.

Provided, however, compliance with subsection C shall not be required for approval of a replatting or resubdividing of a portion of a prior plat, if all of the proposed area sought to be replatted or resubdivided was designated or reserved for usage other than for single- or duplex-family residential usage, by notation on the last legally recorded plat or in the legally recorded restriction applicable to such plat.

3.15.4

Amending Plats

The Council may, upon petition of the property owner or developer, approve and issue an amending plat which is signed by the applicants 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:

To correct an error in any course or distance shown on the preceding plat;

To add any course or distance that was omitted on the preceding plat;

To correct an error in the description of the real property shown on the preceding plat;

To indicate monuments set after death, disability, or retirement from practice of the surveyor charged with responsibilities for setting monuments;

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 preceding plat;

To correct any other type of scrivener or clerical error or omission as previously approved by the City Planning and Zoning Commission or Council; such errors and omissions may include, but are not limited to, lot numbers, acreage, street names, and identification of adjacent recorded plats;

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;

To relocate a lot line in order to cure an inadvertent encroachment of a building or improvement on a lot line or on an easement;

To relocate one or more lot lines between one or more adjacent lots where the owner or owners of all such lots join in the application for the amending plat, provided that such amendment does not:

Attempt to remove recorded covenants or restrictions; and

Increase the number of lots.

10.

To replat one or more lots fronting on an existing street where the owner or owners of all such lots join in the application for the amending plat, provided that such amendment does not:

Attempt to remove recorded covenants or restrictions;

Increase the number of lots; and

Create or require the creation of a new street or make necessary the extension of municipal facilities.

Procedures.

Amending plats may be approved by the Council by a majority vote at a regularly or specially scheduled public meeting without notice, public hearing or approval of other lot owners.

3.15.5

Plat Vacation

By Property Owner.

The property owner of the tract covered by a plat may vacate, upon the approval of the Council, 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.

By All Lot Owners.

If lots in the plat have been sold, the plat, or any part of 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.

Criteria.

The Council shall approve the petition for vacation on such terms and conditions as are reasonable to protect public health, safety and welfare. As a condition of vacation of the plat, the Council may direct the petitioners to prepare a revised final plat in accordance with these regulations.

Effect of Action.

On the execution and recording of the vacating instrument, the vacated plat shall have no effect. Regardless of the Council’s action on the petition, the property owner or developer will have no right to a refund of any monies, fees or charges paid to the City nor to the return of any property or consideration dedicated or delivered to the City except as may have previously been agreed to by the Council.

Government Initiated Plat Vacation.

General Conditions.

The Council, on its motion, may vacate the plat of an approved subdivision or development when:

No lots within the approved final plat have been sold within five (5) years from the date that the plat was signed by the Mayor[;]

The property owner has breached a public improvement agreement and the City is unable to obtain funds with which to complete construction of public improvements, except that the vacation shall apply only to lots owned by the property owner or its successor;

The plat has been of record for more than five (5) years and the Council determines that the further sale of lots within the subdivision or development presents a threat to public health, safety and welfare, except that the vacation shall apply only to lots owned by the property owner or its successors.

Procedure.

Upon any motion of the Council to vacate the plat of any previously approved subdivision or development, in whole or in part, the Council shall publish notice in the City’s official newspaper and provide personal notice to all property owners within the subdivision or development and shall also provide notice to the Council. The notice shall state the time and place for a public hearing on the motion to vacate the subdivision or development plat. The Council shall approve the vacation only if the criteria in Section 3.15.5(C) are satisfied.

Record of Notice.

If the Council adopts a resolution vacating a plat in whole, it shall record a copy of the resolution in the County Clerk’s Office. If the Council adopts a resolution vacating a plat in part, it shall cause a revised final plat to be recorded, which shows that portion of the original plat that has been vacated and that portion that has not been vacated.

(Ordinance 1167 adopted 4/3/07; Ordinance 1424 adopted 2/4/19)

§ 3.16 Administrative Plat Approval Process.

Administrative Approval of Minor Plats.

The City Engineer and Development Director (the "Reviewing Officials") are authorized to approve a Minor Plat, as defined in the City's Zoning Ordinance, that meets the following conditions:

The plat involves no more than four (4) lots.

The plat does not involve the creation of a new public street or change to the existing street system.

The plat does not require a public utility extension that would necessitate significant improvements or modifications to infrastructure.

The plat complies with all applicable requirements of the City's Subdivision and Zoning Ordinances.

Application Process.

The applicant shall submit the Minor Plat application, along with all required documents, to the Development Services Department.

The Reviewing Officials shall review the plat for compliance with the City's ordinances and determine whether the plat qualifies as a Minor Plat under this section.

If the plat meets the criteria, the Reviewing Officials may approve the plat administratively.

If the plat does not meet the criteria or if there are issues requiring further review, the plat shall be referred to the Planning and Zoning Commission and/or the City Council for approval.

Appeal Process.

If an applicant disagrees with the decision of the Reviewing Officials, the applicant may appeal the decision in writing to the City Council. Upon receipt of the written appeal by the City, the appeal shall be scheduled for the next available City Council meeting.

Recordation of Plat.

Upon approval of a Minor Plat by the Reviewing Officials, the plat shall be signed by a Reviewing Official, City Secretary, property owner(s), and surveyor, then stamped, and recorded with the Grayson County Clerk's Office in accordance with the City's requirements.

(Ordinance 1508 adopted 3/3/2025)