No sale of lots in any subdivision shall begin until the Court
has approved the Final Plat and subdivision plat has been filed with
the County Clerk, Kerr County, Texas. (See definition of “Sale”)
(Ordinance 1219062 adopted 12/19/06)
Prior to submission of a preliminary plat, the developer shall
consult with and present two (2) concept plans in sketch form to the
City Council; one concept plan in sketch form to the authorized agent
for City of Ingram OSSF program; and an additional concept plan in
sketch form to each of the appropriate utility companies. The City
will forward one (1) copy of the Concept Plan to the County Engineer,
if applicable. The developer will be responsible for fulfilling all
of the requirements set forth herein, whether or not such requirements
are specifically set forth at the Concept Plan.
(Ordinance 1219062 adopted 12/19/06)
6.02.A
Plat
Application Fees:
Any Preliminary Plat shall be accompanied
by a filing fee as listed in Fee Schedule. The Council shall take
no action until the filing fees have been paid. This fee is not refundable
should the developer fail to make formal application for plat approval
or should the plat be disapproved. This fee is intended to cover all
cost of the City’s review of the subdivision plat and inspection
of roadway and drainage improvements. This fee does not cover engineer
review fees of the subdivision, roadway plan and profiles and drainage
plans. The fee is paid to the Ingram City Secretary and a signed checklist
shall be returned to the City Secretary, as outlined herein. (See
Fee Schedule in Appendix F)
Engineering review: All subdivisions that require drainage plans
and/or roadway plan and profile drawings shall be charged an engineer
review fee to pay the actual cost to the City for such engineer review
and any inspections required to monitor the construction of any drainage
structures and/or roads. This engineer review fee is applicable during
both the Preliminary Plat and Final Plat phase of subdivision review.
This fee shall be paid prior to Final Plat approval.
6.02.B
Copies
required:
The developer shall submit ten (10) prints
of the plat to the City Secretary and one (1) to every agency that
signs the Plat, twenty-one (21) days prior to the date requested on
the City Council Agenda. A completed Routing Slip (Routing Slip Appendix
I. [Appendix J]) and all required documentation and approvals must
be submitted to the City Secretary a minimum of fourteen (14) days
prior to the City Council date requested.
6.02.C
Form
and Content:
The plat shall be drawn on sheets of appropriate
size and scale necessary to accommodate the entire subdivision. Minimum
size shall be twenty-one inches (21") vertical and twenty-six inches
(26") horizontal. Maximum size shall not exceed thirty-six inches
(36") vertical and forty-eight inches (48") horizontal. The plat shall
provide the following:
6.02.C.1
Names
and addresses of the developer, record owner, lienholders and engineer
and/or surveyor.
6.02.C.2
Proposed
name of the subdivision shall not have the same spelling as, or be
pronounced similar to the name of any other subdivision located wholly
or partially in the County. Subdivision names must be checked for
duplication by the County Clerk.
6.02.C.3
Street
names, road names, and addresses shall be approved by Kerr 911 according
to their guidelines.
6.02.C.4
Names
of contiguous subdivisions and/or indication of whether or not contiguous
properties are platted. School District lines are to be indicated,
or the district within which the subdivision is situated will be stated.
6.02.C.5
An
accurate plat of the property, with reference to a patent [sic] adjoining
established subdivisions. Subdivision boundary lines shall be indicated
by heavy lines. The approximate acreage of the subdivision shall be
shown.
6.02.C.6
The
location, dimensions, names and description of all existing or recorded:
6.02.C.7
The
location, dimensions[,] description and name of all proposed streets,
alleys, parks, other public areas, reservations, easements or other
rights-of-way, blocks, and lots within the subdivision.
6.02.C.8
Date
of preparation, scale of plat and approximate true north arrow.
6.02.C.9
Topographical
information shall include:
(a)
Contour
lines at five (5) foot for all lots, based on NGVD 1929 datum. The
City may require contour lines of one (1) foot intervals based upon
the drainage study and proposed residential density.
(b)
Delineation
of all Special Flood Hazard areas as identified by the most current
Flood Insurance Rate Maps published by the Federal Emergency Management
Agency.
6.02.C.10
The plat will show the location of all utilities lines and utility
easements set forth herein.
6.02.C.11
The plat must show all road rights-of-way separate from individual
lots, and whether or not such roads are dedicated to the public, or
if they are to remain private.
6.02.C.12
For subdivisions that lie within, all or part, of the one hundred
(100) year floodplain, the plat must show the minimum finished floor
elevations of each lot in accordance with the City of Ingram Flood
Damage Prevention Order.
6.02.C.13
A number or letter to identify each lot or site and each block. Lot
lines should be contiguous with right-of-way lines for all roads and
streets, where applicable.
6.02.D
Accompanying
data:
6.02.D.1
Location
map at a scale of not more than 4000 feet to an inch, which shall
show the proposed subdivision, existing adjacent subdivisions, adjoining
State and County road and School District lines.
6.02.D.2
A
general location map of the subdivision showing the entire watershed
(U.S.G.S. Quadrangle is satisfactory).
6.02.D.3
Proposed
master plan of all the developer’s property when the subdivision
is a part of a larger tract in accordance with these Rules & Regulations,
using scale of not more than 400 feet to an inch.
6.02.E
Processing
of Preliminary Plat:
6.02.E.1
Submit
Preliminary Plat and other data as required by these Rules and Regulations
at which time a Routing Slip shall be started by the developer. The
City’s designee shall check the preliminary plat as to its conformity
to these standards and specifications set forth or referred to herein
and shall deliver the preliminary plat and data to the Council, with
suggestions as to modifications or alterations of such plat and data,
if applicable.
6.02.E.2
The
Council shall approve or disapprove the preliminary plat or approve
the plat with conditions. Conditional approval shall be granted by
the Council in writing. A marked-up copy of the Plat shall be returned
to the developer. A preliminary plat, which has been reviewed by the
Council and altered at their direction, will not be considered conditionally
approved until the applicant has agreed to such changes, in writing,
and such changes made on the plat.
6.02.E.3
Preliminary
Plat or conditional approval of a preliminary plat shall be effective
for one (1) year unless reviewed by the City’s designee in the
light of new or significant information, which would necessitate a
revision of the preliminary plat. If the City should deem changes
in a preliminary plat as necessary, it shall so inform the developer
in writing. City Council may permit one extension if the request for
extension is received before the expiration date of one (1) year.
6.02.E.4
Preliminary
Plat or conditional approval of the preliminary plat by the Council
will indicate their approval for construction, but will not constitute
final plat consideration. Approved preliminary plats shall be filed
at the office of the City Secretary and the County Clerk’s Office.
6.02.E.5
No
sale of lots in any subdivision shall begin until the Council has
approved the final plat and subdivision plat has been filed with the
Kerr County Clerk and City of Ingram. (See definition of Sale page
10 [Section II])
(Ordinance 1219062 adopted 12/19/06)
Submit Final Plats to the City Secretary twenty-one (21) calendar
days prior to the City Council meeting at which the plat will be considered,
and Routing Slip shall be started by the developer, to be returned
to City Secretary fifteen (15) calendar days before City Council meeting
requested. Developer shall submit one (1) reproducible Mylar. Plats
shall be in correct order to be recorded with all required signatures
except for the City Mayor and County Clerk. Plats shall not be removed
from the City Secretary’s possession prior to filing. The Mylar
copy shall be filed on record with the County Clerk.
6.03.A
General:
The developer shall have a final plat prepared, along with the
accompanying site improvement data and detailed cost estimates to
determine value of bond or letter of credit.
6.03.B
Fees
to City Secretary:
Any final plat shall be accompanied
by a filing fee as per Fee Schedule (See Appendix F). No action shall
be taken by the Council until the filing fees have been paid. This
fee is not refundable should the developer fail to make formal application
for plat approval or should the plat be disapproved. All fees shall
be paid by developer.
6.03.C
Form
and Content of Plat:
6.03.C.1
The
final plat shall substantially conform to the preliminary plat as
approved or conditionally approved by the Council, incorporating any
and all changes, modifications, alterations, corrections and conditions
required by the Council.
6.03.C.2
The
final plat shall be on permanent reproducible Mylar, 21 inches vertical
and 26 inches horizontal with margins of not less than 1/2 inch. The
plat shall be drawn at a scale of not more than 200 feet to one (1)
inch. Where more than one sheet is necessary to accommodate the entire
subdivision, an index sheet showing the entire subdivision at an appropriate
scale shall be attached to the plat.
6.03.C.3
Ten
(10) copies of the final plat shall be submitted, together with one
(1) reproducible Mylar copy of the original, a digital copy in DWG
computer format (labeled with subdivision name); and shall contain
all of the features required for preliminary plats as set forth herein
and shall also include the following:
6.03.C.3.a
Developer’s or Owner’s Certificate of Ownership, and
written consent of all lienholders.
6.03.C.3.b
Certification by the surveyor responsible for surveying the subdivision
area.
6.03.C.3.c
Certification by a register[ed] professional engineer for accuracy
of topography and drainage.
6.03.C.3.d
Certification by the Administrator of On-Site Sewage Facilities.
This certification is required only if any lot in the proposed subdivision
is less than five acres. NOTE: All plats shall contain the following
Note: Prior to construction on any lot the owner shall contact the
City’s OSSF designated representative to determine if the proposed
improvements will meet the exemption criteria. All lots in this subdivision
are required to comply with all current and future OSSF regulations
adopted by Kerr County.
6.03.C.3.e
Certification by the Administrator of Headwaters Groundwater Conservation
District. This certification is required only if the subdivision:
6.03.C.3.f
Certification by the Administrator of Floodplain. 6.03.C.3.g. Certification
by Kerr 911.
6.03.C.3.g
Certification by the Utility Companies verifying easements and utility
layout.
6.03.C.3.h
Note on Status of Drainage Easements: Property owners may not utilize
drainage easements for any purpose detrimental to their intended use.
No objects, including but not limited to, buildings, fences, or landscaping,
shall be allowed in a drainage easement except as approved by the
City of Ingram.
6.03.D
Processing
Final Plat:
6.03.D.1
No
final plat will be considered unless a preliminary plat has been approved.
6.03.D.2
A
final plat of an approved preliminary plat or a portion thereof shall
be submitted to the Council within twelve (12) months after the date
of approval of preliminary plat; otherwise, the approval of the Council
shall become null and void, unless an extension of time is applied
for and granted by the Council.
6.03.D.3
If
the final plat is not approved, the Council or its designee shall
inform the developer in writing of the reasons at the time such action
is taken.
6.03.D.4
After
the final plat has been approved and the developer has filed the security
and maintenance bond hereinafter provided, the Council shall cause
the final plat to be recorded in the Office of the County Clerk.
6.03.D.5
Sufficient
data to determine readily and reproduce on the ground the location,
bearing and length of every road, boundary line, and the building
setback line, whether curved or straight. This shall include accurate
dimensions, bearing or deflecting angles and radii, area, and central
angle, degree of curvature, tangent distance and length of all curves
where appropriate.
6.03.D.6
The
minimum surveying requirements shall conform to the accuracy standards
set by the “Texas Board of Land Surveying 1992 Act” except
that in no case shall the requirements be less than the following:
(a)
The
raw unadjusted angular error in the field survey shall not exceed
fifteen seconds when multiplied by the square root of the number of
angles in the traverse.
(b)
The
boundary shall be adjusted, and the bearings shall be shown to the
nearest 10 seconds and the lengths to the nearest 0.01 of a foot.
6.03.D.7
Location and description of monuments in the subdivision, when required by Section 5.05 herein.
6.03.D.8
Number
of all Lots and Blocks shall be shown on the plat.
6.03.D.9
A
certification of dedication of all roads and easements, and other
land intended for public use, signed by the owner or owners of the
property.
6.03.D.10
Certification by a Registered Professional Land Surveyor, registered
in the State of Texas, to the effect that such plat represents a complete
and accurate survey, and meets all City of Ingram Subdivision Rules
& Regulations.
6.03.D.11
The location, dimensions, names and description of all existing or
recorded streets, alleys, reservations, easements, or other rights-of-way
within the subdivision, intersection [intersecting] or contiguous
with its boundary or forming such boundary, with accurate dimensions.
6.03.E
Accompanying
Data:
6.03.E.1
When
submitted, the final plat shall be accompanied by the following site
improvement data, prepared by a Registered Professional Engineer.
6.03.E.1.a
Roads: Three copies of, drawings, construction details, and test
reports on all materials used and verification of installed materials,
on all roads.
6.03.E.1.b
A general location map of the subdivision showing the entire watershed
(U.S.G.S. Quadrangle is satisfactory).
6.03.E.1.c
Final As-Built Drainage plan shall be submitted if required by Section 5.06 of these regulations.
6.03.F
When
filed, the final plat shall also be accompanied by:
6.03.F.1
Tax
Certifications from the school district, County and other Tax Districts,
which indicate that all ad valorem taxes have been paid on all land,
included within the subdivision as shown on the final plat.
6.03.F.2
Signatures
of Certification by the proper authorized official of each Public
Utility Company or board involved that easements shown are adequate
for their purposes.
6.03.F.3
A
check, payable to the City of Ingram in the amount required for recording
the final plat in the office of the County Clerk.
6.03.F.4
A
certification of authorization to file from any city in whose Extraterritorial
Jurisdiction the subdivision may be located.
(Ordinance 1219062 adopted 12/19/06)
6.035.A
The
City Council may approve an alternate process for plat approval for
any subdivision with less than four (4) lots as set forth in this
section.
(Ordinance 1219062 adopted 12/19/06)
A person who has subdivided land that is subject to the Subdivision
Rules and Regulations of City of Ingram may apply in writing to the
Council for permission to revise the subdivision plat filed for record
with the county clerk, per sections 212.014 and 212.015 of the Texas
Local Government code.
6.04.A
A revised
plat must be prepared by a Registered Professional Land Surveyor registered
in Texas. A written application and a checklist must be submitted
to the City Secretary twenty-one (21) days prior to the requested
Council Date along with the names and addresses of all property owners
in the subdivision.
6.04.B
A recorded
copy of the Restrictions and Covenants of the Subdivision being revised
must be submitted at the time of the application.
6.04.C
After
the application is filed with the City Secretary, the Council shall
publish a notice of the application in a newspaper of general circulation
in the county. The notice must include a statement of the time and
place at which the Council will meet to consider the application and
to hear protests to the revision of plat. The notice must be published
at least two times during the period that begins on the 30th day and
ends on the seventh day before the date of the meeting. If all or
part of the subdivided tract has been sold to non-developer owners,
the Council shall also give notice to each of those owners by certified
or registered mail, return receipt requested, at the owner’s
address in the subdivided tract.
6.04.D
During
a regular term of the Council, the Council shall adopt an order to
permit the revision of the subdivision plat if it is shown to the
Council that:
6.04.E
If the
City Council permits a person to revise a subdivision plat, the person
may make the revision by filing for record with the county clerk a
revised plat or part of plat that indicates the changes made to the
original plat.
6.04.F
The
City Council is not required to give notice by mail if the plat revision
only combines existing tracts.
6.04.G
The revised plat shall be subject to all of the provisions of City of Ingram Subdivision Rules and Regulations. If the revision to the plat revises less than four tracts, the alternate platting process set forth in Section 6.035 may apply. However such alternate process does not change the requirements set forth in Section 6.04.
6.04.H
At the
discretion of the Council, the person requesting the revision may
be required to provide Council the names and addresses of all property
owners in the subdivision.
(Ordinance 1219062 adopted 12/19/06)
A person owning real property in the City that has been subdivided
into lots and blocks or into small subdivisions may apply to the City
Council for permission to cancel all or part of the subdivision, including
a dedicated easement or roadway, to reestablish the property as acreage
tracts as it existed before the subdivision. If, on the application,
it is shown that the cancellation of all or part of the subdivision
does not interfere with the established rights of any purchaser who
owns any part of the subdivision, or it is shown who owns any part
of the subdivision [sic], or it is shown that the purchaser agrees
to the cancellation, the City Council by order shall authorize the
owner of the subdivision to file an instrument canceling the subdivision
in whole or in part. The Council shall enter the order in its minutes.
After the cancellation instrument is filed and recorded in the deed
records of the county, the county tax assessor-collector shall assess
the property as if it had never been subdivided.
6.05.A
The
City Council shall publish notice of an application for cancellation.
The notice must be published in a newspaper, published in the English
language, in the county for at least three weeks before the date on
which action is taken on the application. The Council shall take action
on an application at a regular term. The published notice must direct
any person who is interested in the property and who wishes to protest
the proposed cancellation to appear at the time specified in the notice.
The cost of such notice shall be paid by developer.
6.05.B
If delinquent
taxes are owed on the subdivided tract for any preceding year, and
if the application to cancel the subdivision is granted as provided
by this section, the owner of the tract may pay the delinquent taxes
on an acreage basis as if the tract had not been subdivided. For the
purpose of assessing the tract for a preceding year, the county tax
assessor-collector shall back assess the tract on an acreage basis.
6.05.C
On application
for cancellation of a subdivision or any phase or identifiable part
of a subdivision, including a dedicated easement or roadway, by the
owners of 75 percent of the property included in the subdivision phase
or identifiable part, the City Council by order shall authorize the
cancellation in the manner and after notice and a hearing as provided
by Subsections, (A) and (B). However if the owners of at least 10
percent of the property affected by the proposed cancellation file
written objections to the cancellation with the Council, the grant
of an order of cancellation is at the discretion of the Council.
6.05.D
To maintain
an action to enjoin the cancellation or closing of a roadway or easement
in subdivision, a person must own a lot or part of the subdivision
that: abuts directly on the part of the roadway, or easement to be
canceled or closed; or connected by the part of the roadway or easement
to be canceled or closed, by the most direct feasible route, to: a)
the nearest remaining public highway, county road, or access road
to the public highway or county road; or b) any not canceled common
amenity of the subdivision.
6.05.E
A person
who appears before the City Council to protest the cancellation of
all or part of a subdivision may maintain an action for damages against
the person applying for the cancellation and may recover as damages
an amount not to exceed the amount of the person’s original
purchase price for property in the canceled subdivision or part of
the subdivision. The person must bring the action within one year
after the date of the entry of the City Council’s order granting
the cancellation[.]
6.05.F
The
Council may deny a cancellation under this section if the Council
determines the cancellation will prevent the proposed interconnection
of infrastructure to pending or existing development.
(Ordinance 1219062 adopted 12/19/06)
The City Council may cancel, after notice and a hearing a subdivision
for which the plat was filed and approved before September 1, 1989.
6.06.A
The
City Council must publish notice of a proposal to cancel a subdivision
under this section and the time and place of the required hearing
in a newspaper of general circulation in the county for at least 21
days immediately before the date of cancellation order is adopted.
The county tax assessor-collector shall, not later than the 14th day
before the date of the hearing, deposit with the United States Postal
Service a similar notice addressed to each owner of land in the subdivision,
as determined by the most recent county tax roll.
6.06.B
At the
hearing, the City Council shall permit any interested person to be
heard. At the conclusion of the hearing, the Council shall adopt an
order on whether to cancel the subdivision. The Council may adopt
an order canceling subdivision if the Council determines the cancellation
is the best interest of the public. The Council may not adopt an order
canceling a subdivision if: 1) the cancellation interferes with the
established rights of a person who is a non-developer owner and owns
any part of the subdivision, unless the person agrees to the cancellation;
or 2) the owner of the entire subdivision is able to show that: a)
the owner of the subdivision is able to comply with the minimum state
standards and model political subdivision rules developed under Section
16.343, Water Code, including any bounding [bonding] requirements;
or b) the land was developed or improved before September 1, 1989.
6.06.C
The
City Council shall file the cancellation order for recording in the
deed records. After the cancellation order is filed and recorded,
the property shall be treated as if it had never been subdivided,
and the county chief appraiser shall assess the property accordingly.
Any liens against the property shall remain against the property as
it was previously subdivided.
(Ordinance 1219062 adopted 12/19/06)
