(a) 
A final plat shall not be filed of record until it has been approved by the city council.
(b) 
No construction work other than site grading and rough cutting of streets shall begin in any proposed subdivision prior to the final plat being approved by the city council and being filed with the county clerk.
(c) 
No changes, erasures, modifications or revisions shall be made in any plat after approval has been given by the city council unless such change, revision or modification is first submitted to and approved by the city council.
(d) 
No building permit shall be issued by the city for any building on any land in the city which is not served by a sewage collection system connected to an approved community treatment plant or public sewage facility.
[Ord. No. 819-97, § 1(F), 6-10-1997]
(a) 
No person shall subdivide any tract of land which is located within the city or its extraterritorial jurisdiction, as defined by V.T.C.A., Local Government Code ch. 42, unless a plat of the tract has been prepared, approved and filed of record as provided in this chapter.
(b) 
No building permit for residential or nonresidential construction shall be issued for any building on any land unless a final plat has been filed in the plat records of the county, except as follows:
(1) 
Where a primary residential structure exists, a building permit to construct an addition to, or renovation of, the existing residential structure may be issued on unplatted land, provided that the value of such proposed construction, including the cumulative value of any proposed and all previously permitted construction permits on the primary structure, does not exceed 50 percent of the current value of the existing structure, excluding the value of the land. The term "construction permit" as used in this subsection does not include electrical, plumbing, or similar nonconstruction activities.
(2) 
A building permit for electrical, plumbing, fence or similar nonconstruction activities may be issued on unplatted land in any zoning district except for building permits which involve structural enclosures.
(3) 
Where a primary structure exists, a building permit for an accessory structure may be issued on unplatted land in any zoning district.
(4) 
Where a primary nonresidential structure exists, a building permit to construct an addition to, or renovation of, the existing nonresidential structure may be issued on unplatted land, provided that the value of such proposed construction, including the cumulative value of any proposed and all previously permitted construction permits on the primary structure, does not exceed 50 percent of the current value of the existing structure excluding the value of the land. Construction permit as used in this section does not include electrical, plumbing or similar nonconstruction activities.
(5) 
No building permit for a primary building shall be issued until all necessary public facilities have been installed and have been approved by the city engineer.
(c) 
The owner of any land which is required to be platted as provided in this section shall be required to dedicate to the city a reasonable portion of the land as is necessary for the orderly development of streets, drainage, utilities, emergency access or other public purposes. If such dedication requirement is imposed, it shall be a prerequisite of plat approval. A dedication shown on a plat shall be considered an offer of dedication which may be withdrawn before approval by the city council. Upon approval of the plat by the city council, the offered dedication shall remain open until refused or accepted by the city.
(d) 
The approval of a plat is not considered an acceptance of any proposed dedication and does not impose on the city any duty regarding the maintenance or improvement of any dedicated parts until the appropriate city authorities have made actual appropriation of the dedicated parts by entry, use or improvement.
(e) 
Prior to acceptance of a dedication, the dedication may be refused or rejected by the vacation of the plat or by the approval of a replat in accordance with this chapter. After acceptance of a dedication, the public improvement and dedication may only be vacated by adoption of a resolution or ordinance by the city council in accordance with city policies and state laws.
(f) 
The disapproval of a plat is considered a refusal of the offered dedication by the city council.
(g) 
The city shall not authorize any other person to, nor shall the city itself, sell or supply any water, gas, electricity, sewerage or other utility service to a property for which a final plat has not been approved and filed of record, nor in which the standards contained in this chapter or referred to in this chapter have not been complied with in full. The provisions of this section shall not prohibit the provision of electric service, for security lighting only, on unplatted property.
(h) 
The city shall not authorize any other person nor shall the city itself repair, maintain, install or provide any streets or public utility services in any subdivision for which the standards contained in this chapter or referred to in this chapter have not been complied with in full.
(i) 
On behalf of the city, the city attorney shall, when directed by the city council, institute appropriate action in a court of competent jurisdiction to seek an injunction or otherwise to enforce the provisions of this chapter or the standards referred to in this chapter and to seek appropriate damages as authorized by law.
(j) 
If any subdivision exists for which a final plat has not been approved or in which the standards contained in this chapter or referred to in this chapter have not been complied with in full, the city council shall pass a resolution reciting the facts of such noncompliance and failure to secure final plat approval, and reciting the fact that the provisions of this section will apply to the subdivision and the lots therein. The city secretary shall, when directed by the city council, cause a certified copy of such resolution under the corporate seal of the city to be filed in the deed records of the county in which such subdivision or part thereof lies. If full compliance and final plat approval are secured after the filing of such resolution, the city secretary shall forthwith file an instrument, in the deed records of such county stating that the provisions of this section no longer apply.
[Ord. No. 819-97, § 1(G), 6-10-1997]
(a) 
Any person who plats land as required by this chapter shall conform to the general procedure described as follows:
(1) 
The subdivider may meet with the director of public works, city engineer and/or city manager or his duly authorized representative prior to preparation of a preliminary plat. If the developer is presenting a plan for development or an application, the city shall process the application in accordance with section 74-59 hereof.
(2) 
The subdivider shall prepare and submit to the planning and zoning commission preliminary planning information for its study and recommendations. The preliminary planning information shall then be submitted to the city council for final action. Provided, if the preliminary planning information is submitted in final plat format, and if no changes are required by the city, it may receive final approval without the resubmission required in this chapter.
(3) 
Upon approval of the preliminary planning information by the city council. The subdivider may then prepare a final plat of all of the land included in the preliminary plat for submission to and consideration by the planning commission for action.
(4) 
Upon approval of any such final plat by the planning and zoning commission, the final plat shall be referred to the city council for consideration.
(5) 
Upon approval of a final plat the city planner shall immediately file such plat in the plat records of the county.
(b) 
The detailed procedures within each phase of the platting process are covered in this article.
[Ord. No. 819-97, § 2(A), 6-10-1997; Ord. No. 1063-06, § 4, 8-22-2006]
(a) 
The city council may approve and issue an amending plat, which may be recorded and is controlling over the preceding plat without vacation of that plat, if the amending plat is signed by the applicants only and is solely for one or more of the following purposes:
(1) 
To correct an error in a course or distance shown on the preceding plat;
(2) 
To add a course or distance that was omitted on the preceding plat;
(3) 
To correct an error in a real property description shown on the preceding plat;
(4) 
To indicate monuments set after the death, disability, or retirement from practice of the engineer or surveyor responsible for setting monuments;
(5) 
To 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;
(6) 
To 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;
(7) 
To correct an error in courses and distances of lot lines between two adjacent lots if:
a. 
Both lot owners join in the application for amending the plat;
b. 
Neither lot is abolished;
c. 
The amendment does not attempt to remove recorded covenants or restrictions; and
d. 
The amendment does not have a material adverse effect on the property rights of the other owners in the plat.
(8) 
To relocate a lot line to eliminate an inadvertent encroachment of a building or other improvement on a lot line or easement;
(9) 
To relocate one or more lot lines between one or more adjacent lots if:
a. 
The owners of all those lots join in the application for amending the plat;
b. 
The amendment does not attempt to remove recorded covenants or restrictions; and
c. 
The amendment does not increase the number of lots.
(10) 
To make necessary changes to the preceding plat to create six or fewer lots in the subdivision covered by the preceding plat if:
a. 
The changes do not affect applicable zoning and other regulations of the municipality;
b. 
The changes do not attempt to amend or remove any covenants or restrictions; and
c. 
The area covered by the changes is located in an area that the municipal planning commission or other appropriate governing body of the municipality has approved, after a public hearing, as a residential improvement area.
(11) 
To replat one or more lots fronting on an existing street if:
a. 
The owners of all those lots join in the application for amending the plat;
b. 
The amendment does not attempt to remove recorded covenants or restrictions;
c. 
The amendment does not increase the number of lots; and
d. 
The amendment does not create or require the creation of a new street or make necessary the extension of municipal facilities.
(b) 
Notice, a hearing, and the approval of other lot owners are not required for the approval and issuance of an amending plat.
(c) 
An executed application form, application fee, tax certificates, and prescribed drawings as required for a final plat shall be submitted.
[Ord. No. 819-97, § 10(A), 6-10-1997]
(a) 
Ownership.
In order to replat a tract of land for which a final plat is filed of record, the entire tract to be replatted must be fully owned by the person or persons desiring to replat.
(b) 
Procedures.
The procedure for replating (resubdividing) shall be the same as for subdividing as provided by this chapter. All utility companies which furnish the city with water, gas, electric, telephone and television cable service, shall be notified of the proposed replat and given the opportunity to comment on the replat. Replats shall be processed in accordance with V.T.C.A., Local Government Code §§ 212.014, 212.0145 and 212.015. If a proposed replat does not require a variance, written notice of the approval shall be provided within 15 days of approval by mail to each property owner within 200 feet of the lots to be replatted. This does not apply if a public hearing is held related to a variance where proper notice to property owners is provided. If the area to be proposed to be changed is located in the SFE single-family residential zoning district, such written notice shall be sent to all owners of property in the original subdivision which is located within 500 feet of the property to be replatted. Right-of-way for streets shall be dedicated on all replats in accordance with the thoroughfare plan. Utility easements necessary for the orderly development of the property shall be dedicated on all replats.
[Ord. No. 819-97, § 7, 6-10-1997; Ord. No. 1048-06, § 1, 3-14-2006; Ord. No. 1452-22, § 1, 6-13-2022]
Plats may be vacated if such vacation is processed in accordance with the provisions set forth in V.T.C.A., Local Government Code §§ 212.013 and 212.014. Additionally, an executed application form, application fee, tax certificates, and prescribed drawings as required for a final plat shall be submitted.
[Ord. No. 819-97, § 9, 6-10-1997]
(a) 
The plat application shall be deemed filed with the city on the date that the city planner determines that the application and all supporting documents meet the requirements of this section and other applicable ordinances, except for any requested variances. This shall constitute the filing date. Thereafter, the plat shall be scheduled for review by the planning and zoning commission.
(b) 
The commission shall review a plat and associated materials and shall, within 30 days of the filing date, approve, approve with conditions, or deny a plat application. If approved with conditions, the commission shall state the conditions of such approval; or if denied, shall state reasons for denial.
(c) 
If no action is taken within 30 days of the filing date, the plat is considered approved.
(d) 
The action of the commission shall be entered into the minutes of the meeting and kept on file in the department of planning.
(e) 
The city council shall act on the plat within 30 days after the plat is considered by the planning and zoning commission.
(f) 
A certificate, showing the submittal date and failure to take action on the plat within 30 days of the filing date, shall be issued upon request.
(g) 
Approval of a plat with conditions shall constitute disapproval until the conditions are met.
[Ord. No. 1063-06, § 5, 8-22-2006]