(a)
The
developer shall submit three (3) copies of a plat covering all contiguous
land owned or controlled by the subdivider intended to be developed
at any time; even though it is intended by the developer to file plate
and install improvements for parts of said tract by sections or units.
(b)
Utility
easement provisions shall be contained in each proposed subdivision
plat.
(c)
Water
supply mains and sewage collection lines in excess of 100 feet necessary
to supply water and sewer service to a development shall be built
at developer’s expense to the city’s specifications.
(d)
All
interior water and sewer lines inside subdivision shall be built to
the City of Teague’s specifications at the developer’s
cost including water mains, laterals, valves, fittings, fire hydrants,
sewer mains, manholes, wyes, cleanouts, and lift stations. Fire hydrant
spacing shall be such that no proposed lot is located more than 500
feet from a fire hydrant.
(e)
Street
right-of-way width shall be a minimum of 50 feet. The actual surface
of the roadway for the street shall be at least 18 feet wide. All
service excavations shall be completed before street is constructed.
Material for streets shall be #1 rock 4" compacted type B, grade 1.
All weather paving shall be allowed to city’s specifications.
Driveway entrances shall be designed and constructed at the specification
of the City of Teague. Street signs shall be erected according to
the specifications of the City of Teague. All street construction
and street signs and installation thereof shall be at the developer’s
expense and shall be approved by the City of Teague prior to approval
of said plat.
(f)
The
City of Teague shall charge the current connection fee for each water
and sewer connection and require necessary permits for any building
construction within the subdivision as set forth in the article in
effecting dealing with such at the time.
(h)
Failure
to comply herewith shall result in disapproval of plat. No plat shall
be filed for record with the county clerk of Freestone County, Texas,
without city’s approval.
(Ordinance 84-7-4 adopted 7/9/84)
Any person violating any of the provisions of this article shall be deemed guilty of a misdemeanor; and the person, or any employee, agent, manager or officer thereof, who is guilty of violating any of the provisions shall, upon conviction thereof, be fined in accordance with the general penalty provision found in Section 1.109 of this code for each offense, and every violation of and each and every day’s failure or refusal to comply with the said provisions will constitute a separate offense.
(Ordinance 84-7-4 adopted 7/9/84)
The following definitions apply to the provisions of this article:
The city authority responsible for approving plats, and includes
the term “planning and zoning commission,” where the city
has combined the functions of a zoning commission and a planning commission
pursuant to Tex. Loc. Gov’t Code section 211.007.
A preliminary plat, general plan (including a master plan
or plat), final plat, and replat.
A request for approval of a plat or subdivision plan required
to initiate the division or development of land pursuant to Tex. Loc.
Gov’t Code ch. 212, subchs. A or B.
A subdivision development plan, subdivision plan, subdivision
construction plan, land development application, site development
plan or site plan required for approval of a plat, which is authorized
under Tex. Loc. Gov’t Code ch. 212, subchs. A or B. A subdivision
plan excludes a zoning plan.
Ordinance 84-7-4, as amended, prior to the effective date
of this article.
A concept plan, site plan or similar document required to
determine compliance with land use regulations which are authorized
under Tex. Loc. Gov’t Code, ch. 211.
(Ordinance 2019-08-19-K adopted 8/19/19)
(a)
This
article applies to the procedures for approval of plats and subdivision
plans for the division or development of property pursuant to Tex.
Loc. Gov’t Code ch. 212, subchs. A or B.
(b)
This
article does not apply to the procedures for approval of zoning plans
or plans required to accompany applications for building permits.
(c)
This
article does not apply to any plat or subdivision plan filed before
September 1, 2019.
(Ordinance 2019-08-19-K adopted 8/19/19)
Notwithstanding any other provision of the subdivision ordinance
to the contrary, the stages of plat approval shall be as follows:
(1)
Except
for minor plats, replats and amending plats, all applications for
plat approval shall consist of an application for preliminary plat
approval, followed by an application for final plat approval. Applications
for preliminary plat approval and final plat approval shall not be
submitted nor processed simultaneously. Each plat application shall
require the approval of the planning and zoning commission and board
of aldermen, as hereinafter provided.
(2)
Any
procedure in the subdivision ordinance that provides for a shorter
time for approval of a plat application than that required for approval
of a preliminary or final plat application is superseded by the procedures
of this article.
(3)
Except
as hereinafter provided, any appeal from a planning commission decision
on a plat to the board of aldermen is superseded by the procedures
of this article.
(4)
Procedures for review of an application for completeness authorized by the subdivision ordinance or to be undertaken pursuant to Tex. Loc. Gov’t Code sec. 245.002(e) are superseded by the procedures in section 10.204 and 10.205 of this article, except as otherwise provided in section 10.206 of this article.
(5)
A subdivision
plan must be submitted for approval with an application for preliminary
or final plat approval, unless approval of the subdivision plan is
required prior to submittal of a plat application. Any procedure for
approval of a subdivision plan before the commission or board of aldermen
approves or disapproves a plat application is superseded by the procedures
of this article.
(6)
Conditional approval of a preliminary plat application shall mean that each such condition must be satisfied prior to final plat approval. Such conditions are not subject to the procedures in section 10.205 of this article.
(7)
Because the technical requirements for submittal of a plat or subdivision plan application are essential for determining whether the application should be approved, conditionally approved, or disapproved, any deficiency in the submittal requirements for such application shall be grounds for disapproval of the application, unless the plat or subdivision plan application is to be reviewed under the alternative procedures in section 10.206 of this article.
(Ordinance 2019-08-19-K adopted 8/19/19)
(a)
Initial
Approval by Commission.
The planning commission shall approve, approve with conditions, or disapprove a preliminary plat, final plat or subdivision plan application within 30 days after the date the plat or subdivision plan application is filed. A plat or subdivision plan application is deemed approved by the commission unless it is conditionally approved or disapproved within that period in the manner provided in and documented pursuant to the subsection (e).
(b)
Initial
Approval by Board of Aldermen.
The board of aldermen shall approve, approve with conditions, or disapprove a preliminary plat, final plat or subdivision plan application within 30 days after the date the commission approves the plat or subdivision plan application. A plat or subdivision plan application is deemed approved by the board of aldermen unless it is conditionally approved or disapproved within that period in the manner provided in documented pursuant to subsection (e).
(c)
Extension
by Agreement.
The applicant may request in writing and the planning commission or the board of aldermen, as the case may be, may approve the request for an extension of the time plat or subdivision plan approval required by subsections (a) or (b) for a period not to exceed 30 days. The written request must be made within 15 days of the date the application is filed and approved by the commission or board of aldermen prior to the time for a decision on the application required by subsections (a) or (b).
(d)
Limitation
on Submittals.
Following the filing of the plat or subdivision plan application, the applicant may not submit additional materials in support of the application during the initial 30-day period during which the commission or the board of aldermen must decide the application, unless the applicant withdraws the original application and submits a new application with the additional materials. If an extension is sought and granted under subsection (c), the applicant may submit additional materials in support of the application no later than 15 days from the date the commission or board of aldermen is scheduled to review the application without filing a new application.
(e)
Documentation
for Conditional Approval or Disapproval.
The planning
commission or the board of aldermen, as the case may be, shall provide
the applicant a written statement of the conditions for the conditional
approval or reasons for disapproval that clearly articulates each
specific condition for the conditional approval or reason for disapproval.
Each condition or reason specified in the written statement must be
directly related to the requirements of the subdivision ordinance
and include a citation to the applicable law, including a statute
or municipal ordinance, that is the basis for the conditional approval
or disapproval. The conditions or reasons cannot be arbitrary.
(Ordinance 2019-08-19-K adopted 8/19/19)
(a)
Applicant’s
Response.
After the conditional approval or disapproval of a plat or subdivision plan under section 10.204, the applicant may submit to the commission or the board of aldermen, as the case may be, that conditionally approved or disapproved the plat or subdivision plan, a written response that satisfies each condition for the conditional approval or remedies each reason for disapproval provided. The commission or the board of aldermen may not establish a deadline for an applicant to submit the response.
(b)
Reply
to Applicant’s Response.
The commission or board of aldermen, as the case may be, that receives an applicant’s response in accordance with subsection (a) shall determine whether to approve, conditionally approve or disapprove that applicant’s previously conditionally approved or disapproved plat or subdivision plan not later than the 15th day after the date the response was submitted. The commission or board of aldermen may further conditionally approve of disapprove the application for a specific condition or reason that is provided to the applicant in the manner prescribed in section 10.204(e) of this article. The commission or board of aldermen must approve the plat or subdivision plan application if the response adequately addresses each condition of the conditional approval or each reason for the disapproval.
(c)
Delegation
to Administrative Official.
The city administrator, or his/her delegee(s), hereby is delegated authority to reply to an applicant’s response in the manner provided in section 10.204(e). The applicant may appeal the city administrator’s decision within 15 days thereof to the planning commission or the board of aldermen, as the case may be, which shall hear the appeal at its next scheduled regular meeting. The applicant may also request a delay in the reply in order to have the response considered and decided by the planning commission or board of aldermen, as the case may be, at its next scheduled regular meeting.
(d)
Failure
to Timely Reply.
(e)
New
Application Required.
In the event that the city administrator,
or the planning commission or board of aldermen, as the case may be,
timely disapproves the plat or subdivision plan application, a new
application shall be required.
(Ordinance 2019-08-19-K adopted 8/19/19)
In lieu of the procedures set forth in sections 10.204 and 10.205, every applicant for approval of a plat or subdivision plat may elect in writing to follow the procedures in this section if the election is made at the time the application is first submitted for filing. Election under this section does not waive the procedures in sections 10.204 and 10.205 of this article, which shall commence as provided in subsection (c).
(1)
Within 10 business days of the time the application is submitted for filing, the city administrator or his/her designee shall make his determination whether the application meets the technical requirements for submittal. The city administrator or his/her designee shall notify the applicant in writing not later than the 10th business day after the application is submitted whether the application is complete or incomplete. If the application is incomplete, the notice shall specify the documents or information that are necessary to complete the application and also shall state that the application is subject to expiration, as provided in subsection (2).
(2)
Following
the receipt of written notice, the applicant shall have 45 days from
the time the application was submitted for filing to submit the necessary
documents or information to render the application complete. If the
applicant fails to do so, the application shall expire on the 45th
day after the application was submitted for filing. An applicant may
request a conference with the city administrator to assist in completing
the application. If the application expires, the applicant may submit
a new plat or subdivision plan application without prejudice. If the
new application is submitted within 10 days after the expiration of
the original application, review fees will be waived.
(3)
The procedures for review of an application for plat or subdivision plan approval in sections 10.204 and 10.205 of the is article shall commence on one of the following dates:
(A)
The date of the notice required by subsection (1) if the application
is determined to be complete.
(B)
The date the applicant submits documents or information necessary
to complete the application within the 45-day period specified in
subsection (2).
(C)
The date the applicant submits a new application in the event the
original application has expired.
(Ordinance 2019-08-19-K adopted 8/19/19)
Notwithstanding any other provision of the subdivision ordinance
to the contrary, the procedures for replats hereby are amended as
follows:
(1)
A replat
of a subdivision or part of a subdivision may be recorded and is controlling
over the preceding plat without vacation of the plat if the replat
is: (A) signed and acknowledged by only the owner of the property
being replatted; (B) is approved by the planning commission; and (C)
does not attempt to amend or remove any covenants or restrictions.
A public hearing is not required before approval of the plat.
(2)
A replat
without vacation of the preceding plat must conform to the requirements
of Tex. Loc. Gov’t Code section 212.015(a), in addition to the
provisions of section 212.014, as amended. If such replat requires
a variance or exception, a public hearing must be held by the planning
commission or the board of aldermen. If such replat does not require
a variance or exception, the city shall, not later than the 15th day
after the date the replat is approved, provide written notice by mail
of the approval of the replat to each owner of a lot in the original
subdivision that is within 200 feet of the lots to be replatted according
to the most recent municipal or country tax roll. The notice must
include: (A) the zoning designation of the property after the replat
and (B) a telephone number and e-mail address an owner of a lot may
use to contact the municipality about the replat. This requirement
does not apply to a proposed replat if the city holds a public hearing
and gives notice of the hearing pursuant to Tex. Loc. Gov’t
Code section 212.015(b).
(Ordinance 2019-08-19-K adopted 8/19/19)
