Any owner or Developer of any lot, tract, or parcel of land located within the corporate limits of the City or within its jurisdiction who wishes to subdivide such land shall conform to the process shown in Figure 53 or Figure 54.
Figure 53. Summary of the Subdivision Process (Hold Final Plat)
Figure 54. Summary of the Subdivision Process (Security)
Pre-Application Meeting
Pre-Application Meeting
Optional meeting to discuss proposal with City staff
Optional meeting to discuss proposal with City staff
Sketch Plan
Sketch Plan
Generalized layout of a larger site or phased development, if applicable
Generalized layout of a larger site or phased development, if applicable
Preliminary Plat
Preliminary Plat
Detailed layout of the site to be developed
Detailed layout of the site to be developed
Construction Plans
Construction Plans, Final Plat Application, and Security
Construction details for the proposed improvements
Construction detail, application for Final Plat, and required security
Construction of the Improvements
Final Plat
Construction of the improvements
Final Plat approved and filed
Inspection and Acceptance
Construction of Improvements
Inspection of the improvements and letter of acceptance
Construction of the improvements
Final Plat
Inspection and Acceptance
Filed with the County once improvements have been accepted by the City
Inspection of the improvements and letter of acceptance
Zoning Procedures
Zoning Procedures
Site Plan, Building Permit, Construction, Certificate of Occupancy
Site Plan, Building Permit, Construction, Certificate of Occupancy
(Ordinance 2017-13 adopted 10/2/2017)
See Subsection 1.04. Pre-Application Meeting.
(Ordinance 2017-13 adopted 10/2/2017)
A. 
Purpose. The purpose of a Sketch Plan shall be to serve as a visual aid to the Applicant and Director of Planning during the Pre-Application Meeting (Subsection 1.04.), particularly for larger or phased developments. The Sketch Plan is intended to identify major development considerations such as utilities, roadways, drainage concerns, Comprehensive Plan elements, specific neighborhood characteristics, and historic information.
B. 
Sketch Plan for the Pre-Application Meeting.
1. 
A Sketch Plan shall be prepared by the Applicant. The Applicant shall provide a Sketch Plan a minimum of 48 hours prior to a scheduled Pre-Application Meeting.
2. 
The Sketch Plan shall show the entire property ownership and any approved Planned Development (PD)’s Planned Development Master Plan if applicable.
C. 
Sketch Plan Standards. The Sketch Plan shall be a freehand pencil sketch or computer drawn sketch to approximate scale and shall show the following elements:
1. 
Street layouts,
2. 
Lots,
3. 
The boundaries of the original property in its entirety,
4. 
Proposed improvements, and
5. 
Other significant features, as requested by the City.
(Ordinance 2017-13 adopted 10/2/2017)
Table 32 is a summary of the various plat types. In the event of a conflict with this table, the applicable plat section regulations shall apply.
Table 32. Summary of Plat Types
Plat Type
Use
Approval
Authority
Notes
Sketch Plan
Visual aid during voluntary Pre-Application Meeting before a Preliminary Plat
N/A
Required if the Applicant chooses to have a Pre-Application Meeting
Preliminary Plat
Required before a Final Plat
P&Z
Final Plat
Required to record subdivision of property
P&Z
Final Plat can be held from recording until improvements have been properly installed, or filed before construction with the appropriate surety.
Minor Plat
Plat of four or fewer lots that already have the necessary infrastructure in place
Director
Replat
Replat of currently platted lots without a Plat Vacation
P&Z
Requires a public hearing.
Amending Plat
Minor revisions to a recorded Plat
Director
Plat Vacation
Vacate a previously recorded Plat
City Council
(Ordinance 2017-13 adopted 10/2/2017)
A. 
Purpose. The purpose of a Preliminary Plat shall be to determine the general layout of the subdivision, the adequacy of public facilities needed to serve the intended development, and the overall compliance of the land division with applicable requirements of these Subdivision Regulations and Development Standards.
B. 
Applicability. No subdivision of land shall be allowed without proper submittal, approval, and adoption of a Preliminary Plat.
C. 
Exceptions. A Preliminary Plat is not required when a Minor Plat is submitted (refer to 3.03.07. Minor Plat).
D. 
Accompanying Applications.
1. 
Preliminary and Other Types of Plans.
a. 
An Application for a Preliminary Plat shall be accompanied by the following:
i. 
Preliminary Drainage Plan (see 3.05.12.I);
ii. 
Preliminary Utility Plan (see 3.05.13.C); and
iii. 
Other plans if deemed necessary for thorough review by the Director of Planning or the City Engineer, such as a Conveyance Plat or Planned Development Master Plan.
b. 
Approval of each shall be separate and in accordance with this 3.03.05. Preliminary Plat.
2. 
Current Title Commitments. The Applicant shall furnish with the Application to the City a current title commitment issued by a title insurance company authorized to do business in Texas, a title opinion letter from an attorney licensed to practice in Texas, or some other acceptable proof of ownership, identifying all persons having an ownership interest in the property subject to the Preliminary Plat.
E. 
Review by Director of Planning. The Director of Planning shall:
1. 
Initiate review of the plat and materials submitted (including the required Preliminary Drainage Plan and Preliminary Utility Plan).
2. 
Make available Plats and reports to the Commission for review. Upon determination that the Application is ready to be acted upon, schedule the Preliminary Plat for consideration on the agenda of the next available meeting of the Planning and Zoning Commission.
F. 
Action by the Planning and Zoning Commission.
1. 
Approval by the Planning and Zoning Commission is required for all Preliminary Plats.
2. 
The Commission shall:
a. 
Review the Preliminary Plat Application, the findings of the Director of Planning, and any other information available.
i. 
From all such information, the Commission shall determine whether the Preliminary Plat conforms to these Subdivision Regulations and Development Standards.
b. 
Act within thirty (30) calendar days following the Official Submission Date, unless the Applicant submits a Waiver of Right to 30-Day Action as outlined in 3.02.01.D.
i. 
If no decision is rendered by the Commission within the thirty (30) day period described above or such longer period as may have been agreed upon, the Preliminary Plat, as submitted, shall be deemed approved by the Commission.
c. 
Take one of the following actions:
i. 
Approve the Preliminary Plat;
ii. 
Approve the Preliminary Plat with conditions, which shall mean that the Preliminary Plat shall be considered to have been approved once such conditions are fulfilled and until the conditions are satisfied, it is considered denied; or
iii. 
Deny the Preliminary Plat.
G. 
Criteria for Approval. The following criteria shall be used by the Commission to determine whether the Application for a Preliminary Plat shall be approved, approved with conditions, or denied:
1. 
All Plats must be drawn to conform to the zoning regulations currently applicable to the property. If a zoning change for the property is proposed, then the zoning change must be completed before the approval of any Preliminary Plats/Final Plats;
2. 
No Plat or Replat may be approved that leaves a structure located on a nonconforming lot.
3. 
The Preliminary Plat is consistent with any approved Improvement Agreement;
4. 
The proposed provision and configuration of Public Improvements including, but not limited to, roads, water, wastewater, storm drainage, park facilities, open spaces, habitat restoration, easements and Right-of-Way are adequate to serve the development, meet applicable standards of these Subdivision Regulations and Development Standards, and conform to the City’s adopted master plans for those facilities;
5. 
The Preliminary Plat has been duly reviewed by applicable City staff;
6. 
The Preliminary Plat conforms to design requirements and construction standards as set forth in the Engineering Criteria Manual;
7. 
The Preliminary Plat is consistent with the adopted Comprehensive Plan, except where application of the Plan may conflict with State law;
8. 
The Preliminary Plat is consistent with an approved Conveyance Plat.
9. 
The proposed development represented on the Preliminary Plat does not endanger public health, safety or welfare; and
10. 
The Preliminary Plat conforms to the Director of Planning’s subdivision Application checklists.
H. 
Effect of Approval.
1. 
The approval of a Preliminary Plat shall allow the Applicant to proceed with the development and platting process by submitting Construction Plans (3.04.01.) and a Final Plat (3.03.06.).
2. 
Approval of the Preliminary Plat shall be deemed general approval of the subdivision’s layout only, and shall not constitute approval or acceptance of Construction Plans or a Final Plat.
I. 
Expiration.
1. 
Two-Year Validity.
a. 
The approval of a Preliminary Plat shall remain in effect for a period of two (2) years following the date of approval, during which period the Applicant shall submit and receive approval for Construction Plans and a Final Plat for the land area shown on the Preliminary Plat.
b. 
If Construction Plans and a Final Plat Application have not been approved within the two (2) year period, the Preliminary Plat shall expire.
2. 
Relationship to Construction Plans. A Preliminary Plat shall remain valid for the period of time in which approved Construction Plans are valid (3.04.01.G. Expiration Date for Construction Plans).
3. 
Action on Final Plat. Should a Final Plat Application be submitted within the two (2) year period, but not be acted upon by the Commission or City Council within the two (2) year period, the Preliminary Plat shall expire unless an extension is granted as provided in J below.
4. 
Void If Not Extended. If the Preliminary Plat is not extended as provided in J below, it shall expire and shall become null and void.
J. 
Preliminary Plat Extension. A Preliminary Plat may be extended for a period not to exceed one (1) year beyond the Preliminary Plat’s expiration date. A request for extension shall be submitted to the Director of Planning in writing at least thirty (30) calendar days prior to expiration of the Preliminary Plat, and shall include reasons why the Preliminary Plat should be extended.
1. 
Decision by the Director of Planning.
a. 
The Director of Planning will review the extension request and shall approve it, approve it with conditions, or deny the extension request within thirty (30) calendar days following the Official Vesting Date of the request.
b. 
Should the Director of Planning fail to act on an extension request within thirty (30) calendar days, the extension shall be deemed to be approved.
2. 
Considerations. In considering an extension, the Director of Planning shall consider whether the following conditions exist:
a. 
A Final Plat has been submitted or approved for any portion of the property shown on the Preliminary Plat;
b. 
Construction Plans have been submitted or approved for any portion of the property shown on the Preliminary Plat;
c. 
Construction is occurring on the subject property;
d. 
The Preliminary Plat complies with new ordinances that impact the health, safety and general welfare of the community; or
e. 
If there is a need for a park, school or other public facility or improvement on the property.
3. 
Conditions.
a. 
In granting an extension, the Director of Planning may impose such conditions as are needed to ensure that the land will be developed in a timely fashion and that the public interest is served.
b. 
Any extension may be predicated upon compliance with new development regulations or the Applicant waiving any vested rights.
4. 
Appeal of Denial for Extension.
a. 
Appeal of the Director of Planning’s Decision.
i. 
The denial of an extension by the Director of Planning may be appealed to the Commission.
ii. 
A written request for such appeal shall be received by the Director of Planning within fourteen (14) calendar days following the denial.
iii. 
The Commission shall hear and consider such an appeal within thirty (30) calendar days following receipt of the appeal request by the Director of Planning.
b. 
Appeal of the Commission’s Decision.
i. 
The denial of an extension by the Commission may be appealed to the City Council.
ii. 
A written request for such appeal shall be received by the Director of Planning within fourteen (14) calendar days following the decision for denial.
iii. 
The City Council shall hear and consider such an appeal within thirty (30) calendar days following receipt of the appeal request by the Planning and Development Department, otherwise the decision shall be considered appealed.
iv. 
The decision of the City Council is final.
K. 
Amendments to Preliminary Plats Following Approval.
1. 
Minor Amendments to Preliminary Plats.
a. 
Minor amendments to the design of the subdivision subject to an approved Preliminary Plat may be incorporated in an Application for approval of a Final Plat without the necessity of filing a new Application for re-approval of a Preliminary Plat.
b. 
Minor amendments may only include minor adjustments in street or alley alignments, lengths and paving details, and minor adjustments to plot lines that:
i. 
Do not result in creation of additional lots or any nonconforming lots (such as to zoning standards), and
ii. 
Are consistent with approved prior Applications.
2. 
Major Amendments to Preliminary Plats. All other proposed changes to the design of the subdivision subject to an approved Preliminary Plat shall be deemed major amendments that require submittal and approval of a new Application for approval of a Preliminary Plat (including new fees, new reviews, new Official Vesting Date, new Official Submission Date, etc.) before approval of Construction Plans or a Final Plat.
3. 
Determination of Minor or Major Amendment. The Director of Planning shall make a determination of whether proposed amendments are deemed to be minor or major, thereby requiring new submittal of a Preliminary Plat.
(Ordinance 2017-13 adopted 10/2/2017)
A. 
Purpose. The purpose of a Final Plat is to ensure:
1. 
That the proposed Subdivision and development of the land is consistent with all standards of these Subdivision Regulations and Development Standards pertaining to the adequacy of public facilities,
2. 
That Public Improvements to serve the Subdivision or development have been installed and accepted by the City, or that provision for such installation has been made, and
3. 
That all other City requirements and conditions have been satisfied or provided for to allow the Final Plat to be recorded.
B. 
Applicability. No subdivision of land shall be allowed without proper submittal, approval, and adoption of a Final Plat.
C. 
Exceptions. A Final Plat is not required when a Minor Plat is submitted (see 3.03.07. Minor Plat).
D. 
Ownership.
1. 
The Applicant shall furnish with the Application to the City a current title commitment issued by a title insurance company authorized to do business in Texas, a title opinion letter from an attorney licensed to practice in Texas, or some other acceptable proof of ownership, identifying all persons having an ownership interest in the property subject to the Final Plat.
2. 
The Final Plat shall be signed by each owner, or by the representative of the owners authorized to sign legal documents for the owners and lienholder, effectively denoting that they are consenting to the platting of the property and to the dedications and covenants that may be contained in the Final Plat.
E. 
Accompanying Applications.
1. 
An Application for a Final Plat may be accompanied by Construction Plans if also accompanied by an Improvement Agreement and appropriate surety in accordance with 3.04.05. Improvement Agreements and Security for Completion.
2. 
Approval of each shall be separate and in accordance with this 3.03.06. Final Plat and 3.04.01. Construction Plans.
F. 
Prior Approved Preliminary Plat. The Final Plat and all accompanying data shall conform to the approved Preliminary Plat, or as the Preliminary Plat may have been amended subsequently by 3.03.05.K. Amendments to Preliminary Plats Following Approval, if applicable, incorporating all conditions imposed or required, if applicable.
G. 
Review by Director of Planning. The Director of Planning shall:
1. 
Initiate review of the plat and materials submitted.
2. 
Make available Plats and reports to the Commission for review.
3. 
Upon determination that the Application is ready to be acted upon, schedule the Final Plat for consideration on the agenda of the next available meeting of the Commission.
H. 
Action by Planning and Zoning Commission.
1. 
Approval by the Planning and Zoning Commission is required for all Final Plats.
2. 
The Commission shall:
a. 
Review the Final Plat Application, the findings of the Director of Planning, and any other information available.
i. 
From all such information, the Commission shall determine whether the Final Plat conforms to the applicable regulations of these Subdivision Regulations.
b. 
Act within thirty (30) calendar days following the Official Submission Date, unless the Applicant submits a Waiver of Right to 30-Day Action as outlined in 3.02.01.D.
i. 
If no decision is rendered by the Commission within the thirty (30) day period described above or such longer period as may have been agreed upon, the Final Plat, as submitted, shall be deemed to be approved by the Commission.
c. 
Take one of the following actions:
i. 
Approve the Final Plat;
ii. 
Approve the Final Plat with conditions, which shall mean that the Final Plat shall be considered to have been approved once such conditions are fulfilled, and until the conditions are satisfied, it is considered denied; or
iii. 
Deny the Final Plat.
d. 
A motion to approve a Final Plat shall be subject to the following conditions, whether or not stated in the motion to approve:
i. 
All required fees shall be paid.
ii. 
All covenants required by ordinances have been reviewed and approved by the City.
iii. 
On-site easements and rights-of-way have been dedicated and filed of record and properly described and noted on the proposed plat.
iv. 
All required abandonments of public rights-of-way or easements that must be approved by the City Council and the abandonment ordinance numbers are shown on the plat.
v. 
Original tax certificates have been presented from each taxing unit with jurisdiction of the real property showing the current taxes are paid.
I. 
Final Plat Criteria for Approval. The following criteria shall be used by the Commission to determine whether the Application for a Final Plat shall be approved, approved with conditions, or denied.
1. 
With Prior Approved Preliminary Plat.
a. 
The Final Plat conforms to the approved Preliminary Plat except for minor amendments that are authorized under 3.03.05. K. Amendments to Preliminary Plats Following Approval and that may be approved without the necessity of revising the approved Preliminary Plat;
b. 
All conditions imposed at the time of approval of the Preliminary Plat, as applicable, have been satisfied;
c. 
The Construction Plans conform to the requirements of 3.04.01. Construction Plans and have been approved by the City Engineer;
d. 
Where Public Improvements have been installed, the improvements conform to the approved Construction Plans and have been approved for acceptance by the City Engineer;
e. 
Where the City Engineer has authorized Public Improvements to be deferred, an Improvement Agreement has been executed and submitted by the property owner in conformity with Subsection 3.04. Construction Plans and Procedures;
f. 
The final layout of the Subdivision or development meets all standards for adequacy of public facilities contained in this UDC;
g. 
The Plat conforms to design requirements and construction standards as set forth in the Engineering Criteria Manual; and
h. 
The plat conforms to Director of Planning’s subdivision Application checklists and UDC regulations.
2. 
Without Prior Approved Preliminary Plat.
a. 
The Final Plat conforms to all criteria for approval of a Preliminary Plat;
b. 
The Construction Plans conform to the requirements of 3.04.01. Construction Plans and have been approved by the City Engineer;
c. 
An Improvement Agreement with surety for installation of Public Improvements has been prepared and executed by the property owner in conformance with Subsection 3.04. Construction Plans and Procedures;
d. 
The final layout of the Subdivision or development meets all standards for adequacy of public facilities contained in this UDC; and
e. 
The Final Plat conforms to the Director of Planning’s subdivision Application checklist and UDC regulations.
J. 
Procedures for Final Plat Recordation upon Approval. The Applicant shall supply to Director of Planning the required number of signed and executed copies of the Final Plat that will be needed to file the Plat with the County (in the County’s required format) at least seven (7) calendar days prior to the meeting at which it will be considered for approval.
1. 
General.
a. 
Signatures. After approval of the Final Plat, the Director of Planning shall procure the appropriate City signatures on the Final Plat.
b. 
Recording upon Performance. The Final Plat shall be recorded after:
i. 
The Final Plat is approved by the City;
ii. 
All required Public Improvements have been completed and accepted by the City or an Improvement Agreement has been executed and appropriate surety provided in accordance with 3.04.05. Improvement Agreements and Security for Completion; and
iii. 
All County filing requirements are met.
2. 
Submittal of Final Plat. Where Improvements Installed. Where all required Public Improvements have been installed prior to recording of the Final Plat, the Applicant shall meet all requirements in accordance with Subsection 3.04. Construction Plans and Procedures.
3. 
Submittal of Final Plat Where Improvements Have Not Been Installed. Where some or all required Public Improvements are not yet completed in connection with an approved Final Plat, the Applicant shall submit the Final Plat as approved, revised to reflect any conditions imposed as part of approval.
4. 
Update of Proof of Ownership. If there has been any change in ownership since the time of the Proof of Ownership provided under D above, the Applicant shall submit a new consent agreement executed by each owner and lienholder consenting to the platting of the property and the dedications and covenants contained in the Plat.
K. 
Effect of Approval. The approval of a Final Plat:
1. 
Supersedes any prior approved Preliminary Plat for the same land.
2. 
If applicable, authorizes the Applicant to install any improvements in public Right-of-Way in conformance with approved Construction Plans and under an Improvement Agreement (see Subsection 3.04. Construction Plans and Procedures).
3. 
Authorizes the Applicant to seek Construction Release (see 3.04.03.) or issuance of a Building Permit.
L. 
Revisions Following Recording/Recordation. Revisions may only be processed and approved as a Replat or Amending Plat, as applicable.
M. 
Signature Blocks.
1. 
Signature blocks shall be used in conjunction with the Final Plat.
2. 
The required signature blocks shall be maintained by the Director of Planning.
(Ordinance 2017-13 adopted 10/2/2017)
A. 
Purpose. The purpose of a Minor Plat is to simplify divisions of land under certain circumstances as outlined in Texas Local Government Code Section 212.0065.
B. 
Applicability. An Application for approval of a Minor Plat may be filed only in accordance with State law, when all of the following circumstances apply:
1. 
The proposed division results in four (4) or fewer lots;
2. 
All lots in the proposed Subdivision front onto an existing public street and the construction or extension of a street or alley is not required to meet the requirements of these Subdivision Regulations and Development Standards; and
3. 
Except for Right-of-Way widening and easements, the plat does not require the extension of any municipal facilities to serve any lot within the Subdivision.
C. 
Application Requirements. The requirements for the submittal of a Minor Plat shall be determined by the Director of Planning.
D. 
Additional Requirements. The Application must also meet the following requirements to be considered a Minor Plat:
1. 
The proposed Plat shall be for the Subdivision of one lot into four (4) or fewer lots.
2. 
The person, firm or corporation owning the property shall not have more than one Minor Plat approved during any twelve (12) month period.
3. 
The person, firm or corporation presenting the proposed Plat shall dedicate all easements and Right-of-Way as required elsewhere in these regulations.
E. 
Minor Plat Criteria for Approval. The following criteria shall be used to determine whether the Application for a Minor Plat shall be approved, approved with conditions, or denied:
1. 
The Minor Plat is consistent with all zoning requirements for the property (if applicable), any approved Improvement Agreement (if applicable), and all other requirements of these Subdivision Regulations and Development Standards that apply to the Plat;
2. 
All lots to be created by the plat already are adequately served by improved public street access and by all required City utilities and services and by alleys, if applicable;
3. 
The ownership, maintenance and allowed uses of all designated easements have been stated on the Minor Plat; and
4. 
Except for Right-of-Way widening and easements, the plat does not require the extension of any municipal facilities to serve any lot within the subdivision.
F. 
Action by Director of Planning. The Director of Planning shall:
1. 
Initiate review of the plat and materials submitted.
2. 
Determine whether the Minor Plat meets the regulations of these Subdivision Regulations and Development Standards.
3. 
Act within thirty (30) calendar days following the Official Submission Date, unless the Applicant submits a Waiver of Right to 30-Day Action as outlined in 3.02.01.D.
a. 
If no decision is rendered by the Director of Planning, or if the Director of Planning has not deferred the Application to the Planning and Zoning Commission for decision, within the thirty (30) day period described above or such longer period as may have been agreed upon, the Minor Plat, as submitted, shall be deemed to be approved.
4. 
Take one of the following actions:
a. 
Approve the Minor Plat;
b. 
Approve the Minor Plat with conditions, which shall mean that the Minor Plat shall be considered to have been approved once such conditions are fulfilled and until the conditions are satisfied, it is considered denied; or
c. 
Defer the Minor Plat to the Planning and Zoning Commission for consideration prior to expiration of the required 30-day approval period unless a Waiver of Right to 30-Day Action is submitted in accordance with 3.02.01.D.
G. 
Deferral of Decision of a Minor Plat Application. Per F.4.c above, if the Director of Planning defers the Minor Plat Application to the Planning and Zoning Commission and City Council, the procedures shall be the same as the procedures for action on a Final Plat.
H. 
Procedures for Minor Plat Recordation Following Approval. The procedures for recordation of a Minor Plat shall be the same as the procedures for recordation of a Final Plat, as outlined in 3.03.06.J above.
I. 
Revisions Following Approval. Revisions may only be processed and approved as a Replat or Amending Plat, as applicable.
(Ordinance 2017-13 adopted 10/2/2017)
A. 
Purpose and Applicability.
1. 
A Replat of all or a portion of a recorded Plat may be approved in accordance with State law without vacation of the recorded Plat, if the Replat:
a. 
Is signed and acknowledged by only the owners of the property being replatted;
b. 
Is approved after a public hearing; and
c. 
Does not propose to amend or remove any covenants or restrictions previously incorporated in the recorded Plat.
2. 
A Replat shall be subject to approval by the Commission.
B. 
General Notice and Public Hearing Requirements for Replats.
1. 
Published notice of the public hearings on the Replat Application shall be given in accordance with 3.02.03. Public Hearings for Replat and Plat Vacation Applications, if applicable.
a. 
See specific notice and hearing requirements for "Certain" Replats in F.2. Notice and Public Hearing Requirements for "Certain" Replats).
2. 
A public hearing shall be conducted by the Commission on all Replat Application.
C. 
Application. The Application for a Replat of a Subdivision shall meet all Application requirements of a Final Plat. The Applicant shall acknowledge that the Replat will not amend or remove any covenants or restrictions previously incorporated in the recorded Plat.
D. 
Partial Replat Application. If a Replat is submitted for only a portion of a previously platted subdivision, the Replat must reference the previous Subdivision name and recording information, and must state on the Replat the specific lots which are being changed along with a detailed "Purpose for Replat" statement.
E. 
Criteria for Approval.
1. 
The Replat of the Subdivision shall meet all review and approval criteria for a Final Plat.
2. 
The Replat document shall be prepared by a Registered Professional Land Surveyor in Texas.
F. 
Additional Requirements for "Certain" Replats.
1. 
Applicability of "Certain" Replats. Pursuant to Texas Local Government Code Chapter 212.015, a Replat without vacation of the preceding Plat must conform to the requirements of this subsection F if:
a. 
During the preceding five (5) years, any of the area to be replatted was limited by an interim or permanent zoning classification to residential use for not more than two (2) residential units per lot; or
b. 
Any lot in the preceding plat was limited by deed restrictions to residential use for not more than two (2) residential units per lot.
2. 
Notice and Public Hearing Requirements for "Certain" Replats. Notice of the required public hearing shall be given before the fifteenth (15th) calendar day before the date of the hearing by:
a. 
Publication in an official newspaper or a newspaper of general circulation in the county in which the municipality is located; and
b. 
Written notice, with a copy of Section 212.015(c) of the Texas Local Government Code (as amended) attached, forwarded by the City to the owners of lots that are in the original Subdivision and that are within two hundred (200) feet of the lots to be replatted, as indicated on the most recently approved municipal tax roll or in the case of a Subdivision within the ETJ, the most recently approved applicable county tax roll of the property upon which the Replat is requested. The written notice may be delivered by depositing the notice, properly addressed with postage prepaid, in a post office or postal depository within the boundaries of the City.
3. 
Protest.
a. 
If the Replat Application is accompanied by a waiver petition (per 3.06.01. Petition for Subdivision Waiver) and is protested in accordance with this subsection 3., approval of the Replat shall require the affirmative vote of at least three-fourths of the voting members of the Commission present at the meeting.
b. 
For a legal protest, written instruments signed by the owners of at least twenty (20) percent of the area of the lots or land immediately adjoining the area covered by the Replat Application and extending two hundred (200) feet from that area, but within the original Subdivision, must be filed with the Commission prior to the close of the public hearing.
c. 
The area of streets and alleys shall be included in the area computations.
d. 
Compliance with subsections 3.a. and 3.b., above, is not required for approval of a replat if the area to be replatted was designated or reserved for other than single or duplex family residential use by notation on the last legally recorded plat or in the legally recorded restrictions applicable to the plat.
e. 
If a proposed replat as described in this Subsection does not require a variance or exception, the municipality 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 municipality or county tax roll. This does not apply to a proposed replat if the municipal planning commission or the governing body of the municipality holds a public hearing and gives notice of the hearing in the manner provided by 2.a. and 2.b. of this Subsection.
f. 
The notice of a replat approval required by 3.e. of this Subsection must include:
i. 
the zoning designation of the property after the replat; and
ii. 
a telephone number and e-mail address an owner of a lot may use to contact the municipality about the replat.
G. 
Replat Review and Approval. The review and approval processes for a Replat shall be the same as the review and approval processes for a Final Plat (except for the special public hearing and notice requirements described in F.2. Notice and Public Hearing Requirements for "Certain" Replats).
H. 
Effect. Upon approval of the Application, the Replat may be recorded and is controlling over the previously recorded Plat for the portion replatted.
(Ordinance 2017-13 adopted 10/2/2017; Ordinance 2023-03 adopted 5/2/2023)
A. 
Purpose. The purpose of an Amending Plat shall be to provide an expeditious means of making minor revisions to a recorded Plat consistent with provisions of State law.
B. 
Applicability. The procedures for an Amending Plat shall apply only if the sole purpose of the Amending Plat is to achieve one or more of the following Purposes:
1. 
Error Corrections or Administrative Adjustments.
a. 
Correct an error in a course or distance shown on the preceding Plat.
b. 
Add a course or distance that was omitted on the preceding Plat.
c. 
Correct an error in a real property description shown on the preceding Plat.
d. 
Indicate monuments set after the death, disability or retirement from practice of the engineer or surveyor responsible for setting monuments.
e. 
Show the location or character of a monument that has been changed in location or character or that is shown incorrectly as to location or character on the preceding Plat.
f. 
Correct any other type of scrivener or clerical error or omission previously approved by the municipal authority responsible for approving Plats, including lot numbers, acreage, street names, and identification of adjacent recorded Plats.
g. 
Correct an error in courses and distances of lot lines between two adjacent lots if:
i. 
Both lot owners join in the Application for amending the Plat;
ii. 
Neither lot is abolished;
iii. 
The amendment does not attempt to remove recorded covenants or restrictions; and
iv. 
The amendment does not have a material adverse effect on the property rights of the other owners in the Plat.
2. 
Relocate Lot Lines.
a. 
Relocate a lot line to eliminate an inadvertent encroachment of a building or other improvement on a lot line or easement.
b. 
Relocate one or more Lot Lines between one or more adjacent lots if:
i. 
The owners of all those lots join in the Application for amending the Plat;
ii. 
The amendment does not attempt to remove recorded covenants or restrictions; and
iii. 
The amendment does not increase the number of lots.
3. 
Replatting.
a. 
Make necessary changes to the preceding Plat to create six (6) or fewer lots in the Subdivision or a part of the Subdivision covered by the preceding Plat if:
i. 
The changes do not affect applicable zoning and other regulations of the municipality;
ii. 
The changes do not attempt to amend or remove any covenants or restrictions; and
iii. 
The area covered by the changes is located in an area that the City has approved, after a public hearing, as a residential improvement area.
b. 
Replat one or more lots fronting on an existing street if:
i. 
The owners of all those lots join in the Application for amending the Plat;
ii. 
The amendment does not attempt to remove recorded covenants or restrictions;
iii. 
The amendment does not increase the number of lots; and
iv. 
The amendment does not create or require the creation of a new street or make necessary the extension of municipal facilities.
C. 
Notice Not Required. The approval and issuance of an Amending Plat shall not require notice, hearing or approval of other lot owners.
D. 
Action by Director of Planning. The Director of Planning shall:
1. 
Initiate review of the plat and materials submitted.
2. 
Determine whether the Amending Plat meets the regulations of these Subdivision Regulations and Development Standards.
3. 
Act within thirty (30) calendar days following the Official Submission Date, unless the Applicant submits a Waiver of Right to 30-Day Action as outlined in 3.02.01.D.
4. 
Take one of the following actions:
a. 
Approve the Amending Plat;
b. 
Approve the Amending Plat with conditions, which shall mean that the Amending Plat shall be considered to have been approved once such conditions are fulfilled and until the conditions are satisfied, it is considered denied; or
c. 
Defer the Amending Plat to the Commission for consideration prior to expiration of the required 30-day approval period unless a Waiver of Right to 30-Day Action is submitted in accordance with 3.02.01.D.
E. 
Deferral of Decision on an Amending Plat Application. Per D.4.c above, if the Director of Planning defers the Amending Plat Application to the Planning and Zoning Commission, the Commission shall consider the Application at a regular meeting no later than thirty (30) calendar days after the date on which the Director of Planning deferred the Application to the Commission. The Commission shall, upon simple majority vote, take one of the following actions:
1. 
Approve the Amending Plat;
2. 
Approve the Amending Plat with conditions, which shall mean that the Amending Plat shall be considered to have been approved once such conditions are fulfilled and until the conditions are satisfied, it is considered denied; or
3. 
Deny the Amending Plat.
(Ordinance 2017-13 adopted 10/2/2017)
A. 
Purpose. The purpose of a Plat Vacation is to provide an expeditious means of vacating a recorded Plat in its entirety, consistent with provisions of State law.
B. 
Initiation of a Plat Vacation.
1. 
By Property Owner. The property owner of the tract covered by a Plat may submit an Application to vacate the Plat at any time before any lot in the Plat is sold.
2. 
By All Lot Owners. If lots in the Plat have been sold, an Application to vacate the plat must be submitted by all the owners of lots in the Plat.
3. 
City Council. If the City Council, on its own motion, determines that the Plat should be vacated in the interest of and to protect the public’s health, safety and welfare; and:
a. 
No lots within the approved Plat have been sold within five (5) years following the date that the Final Plat was approved by the City; or
b. 
The property owner has breached an 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; or
c. 
The Plat has been of record for more than five (5) years, and the City Council determines that the further sale of lots within the Subdivision or addition 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.
C. 
Notice Requirements for Plat Vacation. Published notice of the public hearing shall be given in accordance with 3.02.03. Public Hearings for Replat and Plat Vacation Applications.
D. 
Review and Recommendation by the Director of Planning. The Director of Planning shall:
1. 
Initiate review of the Plat Vacation Application and materials submitted.
2. 
Recommend action on Plat Vacation to the City Council.
E. 
Action by the City Council. The City Council shall:
1. 
Review the Plat Vacation Application, the findings of the Director of Planning, and any other information available. From all such information, the City Council shall make a finding as to whether or not the plat should be vacated.
2. 
Take one of the following actions:
a. 
Approve the Plat Vacation;
b. 
Approve the Plat Vacation with conditions, which shall mean that the Plat Vacation shall be considered to have been approved once such conditions are fulfilled and until the conditions are satisfied, it is considered denied; or
c. 
Deny the Plat Vacation.
3. 
The City Council’s decision on a Plat Vacation shall be final.
F. 
Procedures for Recordation Following Approval.
1. 
If the City Council adopts a resolution vacating a plat in whole, it shall record a copy of the resolution in the County Clerk’s Office.
2. 
If the City Council adopts a resolution vacating a plat in part, it shall cause a revised Final Plat to be recorded along with the resolution which shows that portion of the original plat that has been vacated and that portion that has not been vacated.
G. 
Effect.
1. 
On the execution and recording of the vacating instrument, the previously filed plat shall have no effect.
a. 
Regardless of the City Council’s action on the petition, the property owner(s) 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 City Council.
2. 
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.
3. 
The City Council, at its discretion, shall have the right to retain all or specific portions of road Right-of-Way or easements shown on the Plat being considered for vacation. However, the City Council shall consider Plat Vacation upon satisfactory conveyance of easements or Right-of-Way in a separate legal document using forms provided by the City Attorney’s office.
(Ordinance 2017-13 adopted 10/2/2017)
A. 
Purpose. The purpose of a License to Encroach is to determine the potential impacts of proposed improvements, structures, facilities, and encroachments into a public street, roadway, sidewalk, Right-of-Way, or easement in order to maintain their safety, mobility, and operational functionality.
B. 
Applicability.
1. 
A License to Encroach, in the procedures provided for in this section, is required for the following:
a. 
New improvements, structures, facilities, and encroachments into a public street, roadway, sidewalk, or Right-of-Way within the city limits and easements located within the city limits or the extra-territorial jurisdiction.
b. 
Existing improvements, structures, facilities and encroachments into a public street, roadway, sidewalk, or Right-of-Way within the city limits and easements located within the city limits or the extraterritorial jurisdiction.
2. 
Those improvements, as defined in 1 above, that encroach into a public street, roadway, or sidewalk shall obtain approval from the City Council, in addition to this License.
C. 
Pre-Application Meeting. A Pre-Application Meeting pursuant to Section 3.03.02. is required prior to the application for a License to Encroach.
D. 
Criteria for Approval. No License to Encroach will be denied unless it is determined by the City Engineer that the proposed location or type of improvement will negatively impact the function of the public street, roadway, sidewalk, Right-of-Way, or easement or have an adverse effect upon the health, safety, or welfare of the general public. In making this determination, the following will be evaluated:
1. 
The proposed encroachment into a public street, roadway, sidewalk, Right-of-Way, or easement by any person shall not interfere with the lawful use thereof.
2. 
Any proposed construction within a public street, roadway, sidewalk, Right-of-Way, or easement shall be in accordance with this Code, the City’s adopted construction standards, and any other applicable ordinances and regulations.
3. 
At any time during the construction of any structure within a public street, roadway, sidewalk, Right-of-Way, or easement:
a. 
The applicable public street, roadway, or sidewalk shall be kept open for vehicular and pedestrian traffic in a reasonable manner and sidewalks shall not be obstructed as to prevent the use thereof by pedestrians;
b. 
Dirt and other material removed from the construction of any structure within a public street, roadway, sidewalk, Right-of-Way, or easement shall not be allowed to remain on the street or sidewalk and shall be removed immediately at the sole cost, risk, liability, and expense of the Licensee;
c. 
All excavations and obstructions of any kind that take place during the period of the Licensee’s construction shall be properly barricaded and well-illuminated during the night, subject to the approval of the Building Official.
E. 
Submission Requirements. Staff will determine during the Pre-Application Meeting whether further studies will be required. Such studies may include, but are not limited to, an engineering study, which may be required at the determination of the City Engineer. Only the elements of an engineering study that are necessary to answer specific questions that arise during the review process will be required for submittal.
F. 
Responsibility for Final Action. The City Engineer is responsible for final action on a License to Encroach. For those requests that encroach into a public street, roadway, or sidewalk the City Engineer may not approve the License to Encroach until approval is obtained from the City Council.
G. 
Expiration.
1. 
The License shall expire if the encroachment allowed per the License is not installed within 24 months of the date of License approval.
2. 
The City shall provide written notice at least 180 days in advance to the Licensee, its representatives, successors, or assigns, to take possession of and use all or any part of the licensed area in the event that such use be reasonably desired or needed by the City for street, sewer, transportation, or any other public or municipal use or purpose. During such time, it is the responsibility of the Licensee, its representatives, successors or assigns to remove the encroachment(s). In such an event, the City shall have the right to cancel the revocable license as to that portion of the licensed area so designated and required by the City.
(Ordinance 2017-13 adopted 10/2/2017)
A. 
Applicability.
1. 
An application for a development agreement seeking to delay certain improvement requirements of this Code (including any manuals adopted by reference by this Code) or any other provisions of the City Code of Ordinances in order to present an alternative plan for development that could not otherwise be accomplished under this Code or the Code of Ordinances may be filed in accordance with the terms and conditions of this Section.
2. 
This Section shall apply to any new agreement and any amendments thereto, as well as to any Amendments to an existing development agreement, agreements regarding Municipal Utility Districts or any other special districts.
3. 
Any property subject to a development agreement shall be required to obtain a building permit and certificate of occupancy.
B. 
Review Process.
1. 
Initiation of a development agreement or an amendment may be made upon:
a. 
Application of a property owner or their authorized agent;
b. 
Recommendation of the City Council;
c. 
Recommendation of the Planning and Zoning Commission or appropriate board or commission; or
d. 
Recommendation of the Director of Planning or City Engineer.
2. 
Completeness Determination. Applications shall be subject to 3.02.01. Applicability, Completeness, and Expiration.
3. 
Staff Review.
a. 
Applications shall be reviewed by a Development Agreement Committee ("Committee") which shall be designated by the Director of Planning at the time of application to determine the necessary staff for the particular application. The Committee will be established based on the functional areas needed in order to appropriately respond to the request being considered. The Committee may consist of the City Engineer, City Attorney, Finance Director, Director of Planning, their designees or any other staff assigned to the Committee.
b. 
The Committee shall review the application, consider the Approval Criteria, and assign a Responsible Official to lead the review and prepare a report to the Planning and Zoning Commission or appropriate board or commission and City Council.
c. 
The Director of Planning may establish procedures for administrative review necessary to ensure compliance with this Code and State statute.
d. 
The Responsible Official’s report may include a recommendation for final action.
4. 
Public Notice. Public Notice, in the form of Written Notice, Published Notice, and Posted Notice (see 2.10.04.C. Types of Notice), shall be required per the notice provisions of this Code, unless the agreement or amendment thereto is determined by the Committee to be minor, inconsequential, or otherwise unnecessary for public notice and public hearings. If notice is required, the Committee shall determine the location and the extent of the notice based on the type and effect of the proposed amendment.
5. 
Board or Commission Review. The Planning and Zoning Commission or other appropriate board or commission, shall hold a Public Hearing, unless determined unnecessary by the Committee, and make a recommendation to the City Council.
6. 
City Council Final Action.
a. 
The City Council shall hold a Public Hearing, unless determined unnecessary by the Committee, and may take final action on the proposed Development Agreement or amendment.
b. 
The Development Agreement or amendment shall become effective in the manner provided by the City Charter or State Law.
c. 
All outstanding application, staff, and legal fees must be paid in full to the City prior to the adoption of the agreement or amendment.
C. 
Approval Criteria. In determining whether to approve, approve with modifications or disapprove a proposed Development Agreement or amendment, the City Council shall consider the following matters:
1. 
The proposed agreement promotes the health, safety, or general welfare of the city and the safe orderly, and healthful development of the city.
2. 
The proposed agreement is consistent with the Comprehensive Plan.
(Ordinance 2017-13 adopted 10/2/2017)