(a) 
Submission.
A preliminary plat of the proposed subdivision at a scale not smaller than four hundred (400) feet to the inch shall first be submitted to the commission for approval before the preparation of the final plat. Twelve (12) copies of the plat shall be tendered with a letter of transmittal to the general superintendent at least ten (10) days prior to the meeting at which a plat is to be considered. Such plat shall contain the following information:
(1) 
The subdivision name (which must not duplicate in any manner an existing subdivision name); the names and addresses of the owners, and of the designer of the plat, who shall be a registered engineer or registered surveyor.
(2) 
Date, approximate north point and scale.
(3) 
The locations of existing and platted property lines, streets, watercourses, railroads and any public utility easements on the land subdivided, and also their approximate locations on the immediate adjoining land. Utility easements shall be illustrated so as to show the height above the ground surface of the easement as well as the width and length on the surface of such easement.
(4) 
The names, locations, widths and other dimensions of proposed streets, alleys, easements, parks, reservations, blocks, lot lines and building lines. The names of streets shall conform whenever possible to existing street names, and lots and blocks shall be numbered in a systematic arrangement.
(5) 
The preliminary plat shall indicate tentatively the proposed land use.
(6) 
Topographical information approximately equivalent to five-foot contour lines, and based on U.S. Geological Survey datum, which shall be specified on the plan.
(7) 
The location, size and flow line of all existing drainage structures on the land being subdivided and on adjoining tracts.
(8) 
Location of city limits line, the outer border of the city’s extraterritorial jurisdiction, and boundaries, if they traverse the subdivision or form part of the boundary of the subdivision, or are contiguous to such boundary.
(9) 
Vicinity sketch or map at a scale of not more than two thousand (2,000) feet to an inch, which shall show existing streets, subdivisions, parks and public facilities in the vicinity, and gas, electric and sanitary sewer connections by arrows and major outfall and drainage ditches and structures.
(10) 
The following notice shall be placed on each preliminary plat:
“Preliminary Plat for Inspection Purposes Only.”
(b) 
Approval.
(1) 
The commission shall render a decision on the preliminary plat within thirty (30) days after its submission to the commission, unless such time is extended by agreement of the subdivider or his agent. Such decision may consist of approval, disapproval or conditional approval. Conditional approval shall be considered to be approval subject to conformity with conditions prescribed by the commission, but shall be deemed to be a disapproval of such plat until such conditions are met. All objections made to the preliminary plat, or conditions imposed, shall be furnished to the subdivider in writing.
(2) 
Approval of the preliminary plat shall be deemed an expression of approval only of the arrangement and approximate size of streets, lots and blocks.
(1987 Code, sec. 23-21)
(a) 
Submission.
Nine (9) copies of the final plat shall be tendered with a letter of transmittal to the city secretary ten (10) days prior to the meeting of the commission at which the plat is to be considered. Such plat shall not be considered by the commission until the next regular scheduled commission meeting after the commission’s approval of the preliminary plat, but the final plat shall be submitted by the subdivider within six (6) months after the date of approval of the preliminary plat or preliminary plat approval shall become null and void unless an extension of time is requested in writing by the subdivider and granted by the commission. The final plat shall be drawn at a scale of one inch equals one hundred (100) feet on sheets measuring 8-1/2" x 11", 11" x 17", 17" x 22" or 22" x 34", and, where necessary, may be on several sheets accompanied by an index sheet showing the entire subdivision. The final plat shall show or be accompanied by the following information:
(1) 
An accurate boundary survey of the property, with bearings and distances, referenced to survey lines and established subdivisions, showing pertinent data concerning property immediately adjacent in dashed lines.
(2) 
Right-of-way lines of streets and alleys, property lines of lots, parks and other sites with accurate dimensions, bearing or deflection angles, and radii, arcs and central angles of all curves.
(3) 
Name and right-of-way width of each street or other right-of-way.
(4) 
Locations, dimensions and purpose of any easements.
(5) 
The locations of minimum building setback lines from all streets on lots and other sites.
(6) 
Location and description of monuments, which shall be placed at each corner of the boundary survey of the subdivision. Permanent lot markers shall be placed at each lot corner.
(7) 
Numbers of all lots and blocks.
(8) 
Surveyor’s or engineer’s certificate, to be placed on the subdivision plat:
KNOW ALL MEN BY THESE PRESENTS:
That I, __________, do hereby certify that I made an actual and accurate survey of the platted land and that the corner monuments shown on the foregoing plat were properly placed under my personal supervision, in accordance with the subdivision regulations of the City of Fairfield, Texas.
(9) 
Certificate of approval by Fairfield planning and zoning commission (to be placed on plat):
Approved this _____ day of __________, 19_____, by the planning and zoning commission of the City of Fairfield, Texas.
 
Chairman
 
Secretary
(b) 
Approval.
(1) 
Prior to the commission’s consideration of the final plat, the general superintendent shall review same and make his recommendations in writing to the commission.
(2) 
The commission shall render a decision on the final plat within thirty (30) days after submission to the commission. Such decision shall consist of approval or disapproval.
(3) 
In those isolated cases where a final plat is disapproved by the commission, the developer shall be informed in writing by the commission of the action. The developer may resubmit the corrected final plat within sixty (60) days of the disapproval date without. the preliminary plat becoming null and void.
(4) 
Upon approval, the chairman and secretary of the commission shall affix their signatures to the reproducible drawing and return same to the subdivider.
(c) 
Time extension.
In the event development has not begun on the proposed subdivision after one year from the effective final plat approval, the commission may, upon written application of the subdivider, grant not more than two (2) six-month extensions and final plat approval shall not, under such circumstances, become null and void.
(1987 Code, sec. 23-22)
Where any of the area to be resubdivided or replatted was, within the immediate preceding five (5) years, limited by an interim or permanent zoning classification to residential use for not more than two dwelling units per lot, or if any lot in the preceding plat was limited by deed restrictions to residential use for not more than two residential units per lot, then the following additional procedures shall apply:
(1) 
Notice of the public hearing shall be published at least fifteen (15) days prior to the hearing, in a newspaper of general circulation in the county.
(2) 
Written notice of the public hearing shall be mailed to the owners (according to the most recently approved ad valorem tax roll) of all lots that are within the original subdivision and that are within 200 feet of the lots to be replatted, together with a copy of Section 212.015(c) in the Local Government Code for the State of Texas.
(3) 
If the proposed replat is protested in accordance with this subsection, the proposed replat must receive, in order to be approved, the affirmative vote of at least three-fourths of the members present of the planning commission and/or city council, as applicable. For a legal protest, written instruments signed by the owners of at least 20 percent of the area of the lots or land immediately adjoining the area covered by the proposed replat and extending 200 feet from that area, but within the original subdivision, must be filed with the municipal authority responsible for approving the replat, prior to the close of the public hearing. In computing this percentage of land area, the area of streets and alleys shall be included within the adjacent lots.
(4) 
Compliance with subsection (3) above is not required for approval of a replat of part of a preceding plat, if the area to be replatted was designated or reserved for other than single or two-family residential use, by notation on the last legally recorded plat or in the legally recorded restrictions applicable to the plat.
(Ordinance adopting Code)
(a) 
Submission.
Three (3) sets of construction plans, with final plat, conforming with subdivision and design standards, approved and adopted by the city council, shall be submitted to the general superintendent for review at least ten (10) days prior to the meeting of the commission at which the final plat is to be considered. Construction plans which are required to be submitted to the general superintendent shall include, but not necessarily be limited to, the following:
(1) 
A contour map which must show to an appropriate interval the existing natural contours of the grounds concerned, and the estimated high water flow line, if any.
(2) 
A plan of the proposed water system. Where applicable, this plan shall show the sizes and types of all lines, fittings, valve boxes and the location of fire hydrants with an indicated elevation of the top of the proposed curb at its location; the location and elevation of benchmarks referred to U.S. Geological Survey datum; and the existing mains to which the system will be connected.
(3) 
A plan of the proposed sanitary sewer system. Where applicable, this plan shall indicate the sizes and types and flow line grades of all lines and their locations within this system; the location and sizes of the existing mains to which this system will be connected; and the location and flow line elevations of all manholes and cleanouts. Manholes shall generally be located no more than four hundred fifty (450) feet apart.
(4) 
A plan of the proposed storm sewer system. Adequate drainage facilities shall be installed as required by the commission. This plan shall show the locations, sizes and types of all lines, manholes, inlets and flow line and size of the existing drain ditch or storm sewer to which the system will be connected.
(5) 
A plan of the proposed streets. This plan shall show the right-of-way and paved width of all streets and their centerline grades and distances with the elevations indicated at all centerline intersections and grade breaks. It shall show the location of all curbs and gutters as proposed.
(6) 
Detail plans. The detail plan sheet shall be a composite of all details which concern the above set of construction plans, such as: detail of the proposed catchbasins, manholes, cleanouts, sewer and water house connections, street cross-sections, curb and gutter; fire hydrant location and footing construction, concrete junction boxes, headwalls or any other details necessary to show intent of construction.
(7) 
Plan-profile sheets. The plan-profile sheets shall be platted to a convenient and legible scale and will show the finished plan of the proposed utilities and street construction. They shall also indicate the existing profile of the natural ground along with the proposed profiles on the centerline of all streets, flow lines of all sanitary sewers and water lines.
(8) 
North arrow. All construction plans shall include a north arrow, scale or scales and date, and shall bear the seal of a registered professional engineer in the State of Texas.
(b) 
Approval.
All construction plans shall be submitted to the general superintendent. He, in turn, will recommend approval or changes to the commission. After final plat approval, and prior to the issuance of building permits and start of subdivision construction, three (3) sets of corrected construction plans shall be submitted to the general superintendent for use by city inspectors during construction.
(1987 Code, sec. 23-23)
(a) 
The final plat, as hereinbefore approved by the commission for the purpose of constructing streets, utilities and other commission-required improvements in the subdivision, shall not be recorded in the office of the county clerk, County of Freestone until such time as the requirements in this section have been met and presented to the commission and until such time as the commission has acted upon and given final subdivision approval.
(b) 
The following requirements shall be met and tendered with a letter of transmittal to the general superintendent at least thirty (30) days prior to the meeting of the commission at which final approval is to be considered:
(1) 
A certificate of dedication of all streets, alleys, parks, easements and other land intended for public use, signed by the owner or owners and by all other persons, firms or corporations owning an interest in the property subdivided and platted, which shall be acknowledged in the manner prescribed by the laws of the State of Texas for conveyance of real property.
(2) 
Fees payable to the City of Fairfield are as established by city council. In the event the preliminary plat is rejected and a new plat must be submitted or a preliminary plat is not carried to completion, the original fees will not be refunded.
(3) 
A written, acknowledged guarantee of the serviceability of streets, sewers and any other utilities or improvements which shall have been required to be constructed in the subdivision, signed jointly by the subdivider and his prime contractor. The term of the said written guarantee shall be for a period of one year, commencing from the date of written acceptance by the city of all said streets, sewers, water lines and other improvements.
(4) 
A certificate, signed by the subdivider’s registered engineer, that any and all improvements constructed in the subdivision have been completed in accordance with the approved construction plans and specifications.
(5) 
Prior to final subdivision approval, the general superintendent shall furnish the commission with a written certification stating that all improvements have been satisfactorily completed in accordance with subdivision design standards, approved and adopted by the city council for such improvements; or he shall certify that sufficient cash has been deposited with or a surety bond furnished to the City of Fairfield to secure the completion of all those improvements so required which are incomplete.
(6) 
When a surety bond has been furnished to the city in lieu of any or all of the required improvements, it shall be delivered to the city attorney for approval. The surety bond shall have attached thereto a copy of the contract for such improvements and such other information and data necessary to determine the validity and enforceability of such bond. When the bond has been examined and approved, the city attorney shall furnish the commission with a written certification that the surety bond is valid and enforceable as regards all improvements required by this article still incomplete and for which cash deposit has not been made.
(7) 
In all developments, the contractor shall, prior to commencement of construction, furnish a performance and payment bond satisfactory to the city attorney and issued by a reliable surety company authorized to do business in Texas, and equal to one hundred (100) percent of the cost of construction of the total project. Said bonds are to be furnished to the developer or owner of the subdivision or tract with a copy being furnished to the city as a third party beneficiary. Said bonds are to remain in effect for a period of one year after final acceptance and approval by the general superintendent. Said bonds are in addition to the surety bond required in subsection (b)(6) of this section.
(8) 
In the event a cash deposit has been made under subsection (b)(5), the following regulations shall govern the same:
(A) 
Said cash deposit shall be equal to one hundred (100) percent of the total cost of construction, with said cost to be determined by the city engineer.
(B) 
Upon completion of each twenty-five (25) percent of construction, the city shall release twenty-five (25) percent of the deposited funds, providing the general superintendent finds that such construction is in accordance with plans and specifications, and performed in a good and workmanlike manner, using only materials of good quality.
(C) 
The final twenty-five (25) percent shall be released after full and final completion of construction and approval of the same by the general superintendent, if having been completed in accordance with plans and specifications, and in a good and workmanlike manner, and after the developer has provided the city with a maintenance bond in the amount of one hundred (100) percent of the cost of the work, with said bond to be issued by a reliable surety company authorized to do business in Texas. Said bond is to remain in effect for a period of one year after final acceptance and approval of construction by the city.
(D) 
In the event the developer is unable to obtain the maintenance bond as required, and in the event the developer has made the one hundred (100) percent cash deposit as above referred to, then in lieu of said maintenance bond, the city shall be obligated to release only fifteen (15) percent of the final twenty-five (25) percent retention upon completion and approval of the work. The remaining ten (10) percent will be retained by the city for a period of one year after final acceptance of construction and may be retained by the city in the exercise of its sole and absolute discretion, in the event maintenance is required by the city in regard to said construction, with the city’s judgment as to the amount to be paid to the city to be final and conclusive. Said ten (10) percent shall be retained by the city for a period of one year after final acceptance of construction by the city. In the event that the developer fails to complete construction within a subdivision, or maintain the improvements for a period of one year after final acceptance by the city, the city shall have the right to use escrow and/or bond funds to the extent necessary to complete construction and/or maintain the improvements for a period of one year after the completion of construction.
(E) 
Any funds deposited shall be held by the city in an escrow account upon terms and conditions satisfactory to the city attorney.
(1987 Code, sec. 23-24; Ordinance adopting Code)
Upon final subdivision approval, a reproducible tracing and one copy of the final plat, together with one “as-built” set of construction plans, shall be delivered to the commission. The copy of the final plat shall be delivered by the commission to the city secretary of the City of Fairfield, who shall be responsible for filing the same with the county clerk, of Freestone County, Texas, at the cost of the subdivider. Upon return of the recorded copy from the county clerk, the city secretary shall file same for permanent reference.
(1987 Code, sec. 23-25)
Except where alleys are provided for the purpose, the commission shall require easements for electricity poles, wires, conduits, storm and sanitary sewers, gas and water mains, or other utility lines. The easement shall normally be taken equally from each side of the common rear lot lines and along side lot lines. However, except as provided herein, storm and sanitary sewer lines and water mains shall be placed within the city street right-of-way. Said easements shall be a minimum total of twenty (20) feet in width from ground level to thirteen (13) feet above from ground level and shall be a minimum of thirty (30) feet from thirteen (13) feet above ground level upward.
(1987 Code, sec. 23-26)
For the purpose of this article, comprehensive group housing developments shall include three (3) or more apartment units, three (3) or more townhouse units, and three (3) or more condominiums, together with necessary drives and ways of access, which may or may not be subdivided into customary lots and blocks and where street rights-of-way and utility easements are not necessarily dedicated to public use. All comprehensive group housing development projects shall conform with this article and with subdivision design standards and specifications approved and adopted by the city council.
(1987 Code, sec. 23-27)
Where, because of topographical or other conditions peculiar to the site, a subdivider can show that a provision of this article would cause an unnecessary and extraordinary hardship if strictly adhered to, a variance may be recommended by the commission to the city council. The city council may authorize variances if they deem such action proper. Any variance thus authorized is required to be entered in writing in the minutes of the council and the reason which justified the departure shall be set forth, and such variance must be authorized by affirmative vote of not less than three (3) members of the council.
(1987 Code, sec. 23-28)
(a) 
Streets generally.
(1) 
All street construction shall conform with subdivision design standards and specifications approved and adopted by the city council.
(2) 
Proposed new streets shall extend existing streets or the projections at the same or greater width, but in no case less than the minimum required width as set forth in the design standards and specifications. Where, in the opinion of the commission, it is desirable to provide street access to adjoining property, proposed streets shall extend to the boundary of such property. Half streets or half alleys along permitted. [sic]
(3) 
The minimum width of proposed streets, measured from face of curb to face of curb, shall be as shown in the subdivision design standards and specifications.
(4) 
In general, streets shall be planned to conform to existing topographic conditions. The minimum and maximum street grades shall be determined by subdivision design standards and specifications.
(5) 
Insofar as practicable, acute angles at street intersections shall be avoided. In all cases, however, curb radii shall be determined by subdivision design standards and specifications.
(6) 
Horizontal curves shall be determined by subdivision design standards and specifications.
(7) 
Street intersections with centerline offsets shall not be allowed.
(8) 
Streets designed to have one end permanently closed shall be provided at the closed end with a turnaround with a minimum right-of-way radius of fifty (50) feet and a minimum driving surface radius of forty (40) feet. Upon and after the approval of this article, streets designed to have one end permanently closed shall not be permitted unless they conform to the requirements above. A cul-de-sac shall not be more than three hundred (300) feet in length unless approved by the commission for specific reasons of topography or engineering design.
(9) 
Proposed streets substantially in alignment with existing and named streets shall bear the names of existing streets. In no case shall the proposed name for any street duplicate an existing street name or be confusingly similar. The subdivider shall provide street name signs in accordance with existing city standards.
(b) 
Internal streets.
(1) 
The subdivider shall be responsible, at his own expense and cost, for the construction of all streets within his subdivision.
(2) 
The commission shall have the right to require the dedication of street rights-of-way up to sixty-four (64) feet in width, and the subdivider shall furnish same without charge to the city. In the event the commission requires a dedication of right-of-way in excess of sixty-four (64) feet, then to the extent that the dedication exceeds sixty-four (64) feet, such excess will be offered for purchase by the city at a cost no greater than current comparable land values.
(3) 
Anything to the contrary in this paragraph notwithstanding, in the event the subdivider of a residential subdivision is required by the city to construct a street with a paved width greater than forty-four (44) feet or of a quality higher than is required by the subdivision design standards and specifications, then the city shall reimburse the subdivider for such additional cost of increasing the width of the street or the increased cost of the higher quality street. Such reimbursement shall be made in full on or before one year from the date of approval of the final plat and construction plans, provided construction is in accordance with the approved construction plans and with the subdivision design standards and specifications, and is completed within such one-year period.
(1987 Code, sec. 23-29)
(a) 
The subdivider shall, at his own cost, dedicate such right-of-way and construct such storm sewers, drainage ditches, sanitary sewers, water mains and water lines, of such a size as to adequately serve the area being subdivided; however, if the city should require the dedication of additional right-of-way or the construction of storm sewers, drainage ditches, sanitary sewers, or water mains of a size greater than set out above, then the city shall, within one year after date of approval of the final construction plans, provided construction has been completed within such one-year period and in accordance with approved construction plans, reimburse the subdivider for any increased cost of such facilities. All of such facilities shall be constructed in accordance with subdivision design standards and specifications approved and adopted by the city council.
(b) 
Where it is necessary, in order to properly serve the subdivision, that extension of existing city utilities be made or that drainage facilities be constructed outside the subdivision, which extensions or such facilities are herein referred to as “off-site improvements,” the subdivider shall install such off-site improvements at his own expense.
(1987 Code, sec. 23-30)
(a) 
Insofar as practicable, side lot lines shall be at right angles to straight street lines or radial to curved street lines. Each lot must front upon a street which is connected with the public street system.
(b) 
Within the subdivision jurisdiction limits of the municipality, the size and shape of the lots shall be appropriate for the location of the subdivision and the type of building development and use contemplated. Corner residential lots shall have width sufficient to permit establishment of a building line at least twenty-five (25) feet from the side street property line. The distance from the side street property line shall be measured from the street right-of-way paralleling the long dimension of the lot. Single-family residential lots shall have an area of not less than eight thousand eight hundred (8,800) square feet, and a width of not less than fifty (50) feet at the front building line for lots with radial or nonparallel side lot lines, and eighty (80) feet for lots with parallel side lot lines. Minimum lot size for multifamily residential lots, condominiums and townhouses shall be established by the commission until such time as an ordinance governing these type lots shall be approved and adopted by the city council.
(1987 Code, sec. 23-32)
(a) 
Recording of plat.
No plat of any subdivision shall be entitled to be recorded in the county clerk’s office or have any validity until it shall have been approved in the manner prescribed herein.
(b) 
Sale of land in subdivisions.
No owner, or agent of the owner of any land located within a subdivision, shall sell or convey any land by reference to, exhibition of, or by the use of a plan or plat of a subdivision before such plan or plat has been given approval in the manner prescribed herein. The conveyance of real property included in the subdivision shall be by lot and block only, and conveyance by metes and bounds description is prohibited.
(c) 
Building and repair permits.
(1) 
The city shall not issue building or repair permits for any structure on a lot in a subdivision for which a plat has not been approved or recorded.
(2) 
The city shall not issue building or repair permits for any structure on a lot in a subdivision in which street excavation for the street serving such lot has not been completed.
(3) 
The city shall not issue building or repair permits for any structure located farther from a pressurized fire hydrant than that distance prescribed by the general superintendent.
(4) 
No certificate of occupancy shall be issued for any building on a lot in a subdivision in which all underground utilities, drainage and street improvements have [not] been completed in the manner prescribed herein.
(d) 
Public improvements.
The city hereby defines its policy to be that the city will withhold all public improvements of whatever nature, including the maintenance of streets and the furnishing of sewer and water service from all subdivisions which have not been approved, and from all areas dedicated to the public which have not been accepted in the manner prescribed herein.
(e) 
Revision of plat after approval.
No changes, erasures, modifications or revisions shall be made in any plat of a subdivision after approval has been given by the commission, and endorsed in writing on the plat, unless such changes are approved by the commission.
(1987 Code, sec. 23-33)