(a)
City
Council.
(1)
Final
Action.
The City Council shall hear and take final action
on the following subdivision procedures:
(A)
Preliminary Plats;
(B)
Final Plats;
(C)
Development Plats;
(D)
Replats;
(E)
Amending Plats (where deemed necessary by the City Administrator);
(F)
Plat Vacations;
(G)
Minor Plats and Replats; if not approved by the City Administrator,
and
(H)
Additional powers and duties may be assigned under other portions
of the Code of Ordinances of the City of Tahoka.
(2)
Establishment,
Membership and Procedure[.]
(b)
Planning
and Zoning Commission.
(1)
Powers
and Duties.
(A)
Review and Recommendation.
The Commission shall be an
advisory body and adjunct to the City Council, and shall review and
make recommendations regarding:
(B)
Final Action.
The Commission shall take no final action
on any subdivision application.
(C)
Joint Meetings with the City Council.
Whenever the City
Council and the Commission are required by the laws of the State of
Texas to conduct public hearings in matters pertaining to planning,
zoning or subdividing property, and at other times when it is in the
best interest of the City to do so, the City Council and the Commission
are hereby authorized, after published notice as required by law,
to hold joint meetings and to conduct joint public hearings.
(c)
City
Administrator.
(1)
Powers
and Duties.
The following powers and duties shall be
assigned to the City Administrator under this Ordinance. Additional
powers and duties may be assigned under other portions of the Code
of Ordinances of the City of Tahoka.
(Ordinance adopted 6/14/10)
(a)
Zoning
Requirements.
A property within the City’s corporate
limits that is being proposed for platting must be properly zoned
by the City prior to approval of a preliminary plat. In addition,
the proposed development layout or subdivision design shown on the
proposed plat must be in conformance with all standards and requirements
prescribed in the zoning ordinance.
(b)
Noncompliance
with the requirements of the zoning district in which the subject
property is located, or lack of the proper zoning, shall constitute
grounds for denial of the plat. In situations where the zoning on
a particular piece of property cannot be ascertained by the City,
the burden of proof regarding the property’s zoning shall rest
with the applicant. Proof of proper zoning shall consist of appropriate
documentation, such as a copy of the ordinance establishing the zoning,
which shall be reviewed by City officials as to its validity and authenticity.
(c)
Plats
in the ETJ.
Any plat located in the City’s ETJ
that is submitted for approval by the City shall be in accordance
with the City’s comprehensive plan, including all adopted water,
sewer, storm drainage, future land use, park, recreation, open space
and thoroughfare plans.
(d)
Professional
Submittal Required.
All plats shall be prepared by a
licensed civil engineer or a registered land surveyor.
(e)
Classification
of Subdivisions and Additions.
Before any plat is filed
for record with the county clerk, the property owner shall apply for
and secure City Council approval of the required subdivision plat,
in accordance with the following procedures, unless otherwise provided
within this Ordinance.
(1)
Minor
subdivisions may be approved for residential or nonresidential properties:
A plat involving four or fewer lots abutting an existing street and
not requiring the creation of any new street or the extension of municipal
facilities shall be considered a minor plat. Minor plat approval by
the City Council requires the submission of a final plat drawing and
other submission materials required by this Ordinance. Lots may be
conveyed or sold only when the plat has been approved by the City
Council and the plat has been filed with the Lynn County Clerk.
(2)
Major
subdivisions may be approved for residential or nonresidential properties.
The procedure for approval of a major subdivision typically involves
three steps: a preliminary plat, Construction plans, and final plat.
All major subdivision plats must be reviewed and approved by the Commission
and approved by the City Council, pursuant to this Ordinance. If the
land is required to be platted, no conveyance or sale of any portion
or lot of the property may occur until after the final plat is approved
by the City Council and filed with the Lynn County Clerk, except where
land to be sold for nonresidential or multifamily purposes is reviewed
and approved.
(f)
Submission
Requirements for All Types of Plat Applications.
In addition
to the requirements outlined herein for each type of development application,
the City shall maintain application forms, checklists, language blocks
for plats, and other similar items.
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The forms and paperwork are available at the office of the City
Administrator. These supplemental materials may be amended from time
to time, and it is the applicant’s responsibility to be familiar
with, and to comply with their requirements.
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No plans providing land use, density or intensity shall be considered
by the City prior to the submission of a preliminary plat application.
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(g)
Right
to Deny Hearing and Plat.
The City may deny a hearing
and any approval if the applicant does not submit the information
and fees required by this Ordinance.
(h)
Proof
of Land Ownership.
Only the landowner or his or her authorized
agent are allowed to submit an application for subdivision approval.
The City may require proof of ownership or documented proof of authorization
to serve as agent for the landowner from any applicant.
(i)
Official
Submission Date and Completeness of Application for All Types of Plats.
(1)
For
the purpose of these regulations, the “submission date”
shall be the date upon which a complete application for approval of
any type of plat, that contains all required elements mandated by
the Texas Local Government Code, Section 212.004(b) and by this Ordinance,
is first submitted to the City administrator, after which the statutory
period required for approval or disapproval of the plat shall commence
to run. No application shall be deemed officially submitted and no
further processing by staff shall occur until the City administrator
determines that the application is complete and a fee receipt is issued
by the City.
(2)
Failure
by the City administrator to make a determination of incompleteness
within ten (10) business days following the date on which the application
was first received by the City, shall result in the application being
deemed complete, and the “submission date” shall become
the 10th business day following initial receipt of the application
by the City.
(3)
Plat
applications which do not include all required information and materials,
as outlined below and per other City development review policies which
may change from time to time, will be considered incomplete, shall
not be accepted for official submission by the City, no further processing
by staff shall occur and shall not be scheduled on a Commission or
City Council agenda until the proper information is provided to City
officials.
(4)
Incomplete
plat applications shall expire on the 45th calendar day after the
application is filed if:
(A)
The applicant fails to provide documents or other information necessary
to comply with the City’s technical requirements relating to
form and content of the application;
(B)
The City provides to the applicant not later than the 10th business
day after the date the application is filed, written notice of the
failure that specifies the necessary documents or other information
and the date the application will expire if the documents or other
information is not provided; and
(C)
The applicant fails to provide the specified documents or other information
within the time provided in the notice.
(5)
Applications
which are deemed complete will expire if approval by the City Council
does not occur within 180 days from the date that the application
was deemed complete.
(j)
Submission
Procedures and City Review Process for All Types of Plats.
(1)
Submission
Timing.
An application for approval of any plat shall
be submitted to the council at least twenty-eight (28) calendar days,
but no more than thirty (30) calendar days after the date that the
application was deemed administratively complete, unless the applicant
waives the 30-day requirement for action on the plat in writing, prior
to the council meeting at which it is to be considered.
(2)
Submission
Materials.
The application shall include a written application
form which bears the notarized signature(s) of the property owner(s)
of the subject property, along with the appropriate submission fee,
the appropriate number of full-size (24" x 36") prints of the plat,
as required by the City’s current development review policies
and requirements, one 11” x 17” black-and-white reduction
of the plat, a copy of any applicable development agreement pertaining
to the subject property, if any, including an electronic version of
all submission documents in a format acceptable to the City, and shall
clearly demonstrate that the proposed development complies with all
applicable laws, and any other applicable information and materials
deemed appropriate by the City.
(A)
The application shall be accompanied by a certificate showing that
all taxes have been paid on the subject property, and that no delinquent
taxes exist against the property. Documentation shall also be included
that shows no delinquent assessments, fees, or other debts or obligations
to the City and which are directly attributable to the subject property.
(B)
The application shall also be accompanied by an engineer’s
summary report which describes, in as much detail as necessary, the
following: the overall nature and scope of the proposed development,
including zoning of the property, proposed use(s) and acreage of each
proposed use, minimum lot sizes, widths and depths, number of lots
to be created, and special amenities or facilities that will be included
in the development; how the property will be served with required
utilities and services; how stormwater drainage will be handled; and
an itemization and description of any exceptions from provisions of
this Ordinance that will be sought. If the proposed development will
have access points onto a major thoroughfare, the application shall
also include a letter from the appropriate entity, such as TxDOT or
Lynn County, acknowledging and approving proposed driveway locations
and corresponding median openings and left turn lanes, if applicable.
Letters shall also be provided from each of the applicable utility
service providers, including water, wastewater, gas, electricity,
telephone, cable TV and solid waste, verifying their receipt and review
of all materials depicting the proposed development and their ability
to provide an adequate level of service for the proposed development.
A letter from the Tahoka Independent School District shall also be
provided that acknowledges the District’s ability to accommodate
the additional number of school-age children that will be generated
by the proposed development, and that expresses any desire the District
may have to obtain a future school site within any portion of the
subject property.
(3)
City
Staff Review.
Upon official submission of a complete
application for plat approval, the City shall commence technical review
of the development application by forwarding a copy of the application
and plat to development review team members which includes, but shall
not be limited to, the City administrator, City engineer and the City
planner, and to the applicable utilities. Development review team
members shall review the plat and shall ascertain its compliance with
these and other applicable City regulations. Following City staff
review of the plat and supporting documents, and following discussions
with the applicant on any revisions deemed advisable and the kind
and extent of improvements to be installed, the applicant shall resubmit
additional copies of the corrected plat to the City administrator
no later than ten (10) calendar days prior to the commission meeting.
Failure to resubmit corrected copies of the plat back to the City
in time shall be cause for the City administrator to forward the plat
application to the commission as it was originally submitted rather
than the corrected version of the plat. If, upon re-submission of
the corrected plat to the City, the City administrator determines
that the application is still incomplete or is not correct, the plat
application shall be subject to denial.
(4)
After
the plat has been scheduled on an agenda, the applicant may request,
in writing, a waiver of the thirty (30) day approval requirement in
order to allow more time to correct deficiencies, address concerns,
or otherwise improve the plat pursuant to the City’s regulations.
After receipt of the request, the City may delay action on the plat
beyond thirty (30) calendar days following the official submission
date.
(5)
Action
by the Commission and City Council.
All subdivision plat
applications, unless otherwise subject to approval by the City Administrator,
shall be reviewed by the commission, and if in conformance with the
provisions of this Ordinance and with all other applicable regulations
of the City, they shall be approved by the City Council.
(A)
City staff shall place applications for preliminary plats that are
deemed to be administratively complete by the City administrator on
a commission agenda within thirty (30) calendar days of the date that
the plat is found to be administratively complete. The commission
shall review each plat application and shall recommend approval, approval
subject to certain conditions, or denial of the plat application.
The City Council shall take action on the plat within thirty (30)
calendar days of the action of the commission.
(B)
Affirmation of, or minor modifications to, the commission’s
recommendation to approve the plat shall require a majority vote of
the City Council members present.
(6)
Simultaneous
Submission of Plats.
In the event that an applicant submits
preliminary and final plat applications simultaneously, the City administrator
shall schedule both plat applications for action by the commission
within thirty (30) calendar days of the official submission date,
unless the applicant has executed a written waiver of the 30-day review
period for one or both plats;
If the preliminary plat has not received approval prior to consideration
of the final plat by the commission, then the commission shall deny
the final plat application. The City Council shall take action on
either one or both plat applications, as applicable, within thirty
(30) calendar days of the commission’s action. Affirmation of,
or minor modifications to, the commission’s recommendation to
approve the plat(s) shall require a simple majority vote of the City
Council members present.
(Ordinance adopted 6/14/10)
(a)
A preliminary
plat shall include all contiguous property under the ownership or
control of the applicant. It may contain more than one phase which,
if so, shall be clearly identified. Approval of a preliminary plat
by the City Council shall be deemed general approval of the street
and lot layout shown on the preliminary plat, and to the preparation
of the final or record plat. Approval for construction of the necessary
streets, water lines, sewer lines, and other required improvements
and utilities shall be authorized only through the City engineer’s
approval of the construction plans.
(b)
Standards
for Approval.
No preliminary plat shall be recommended
for approval by the commission or approved by the City Council unless
the following standards have been met:
(1)
The
plat substantially conforms to the standards set forth in this Ordinance;
(2)
The
layouts and engineering plans for required public improvements and
City utilities have been submitted by the applicant for approval by
the City engineer provided that, whether specifically stated or not,
preliminary plat approval shall always be subject to any additions
or alterations to the engineering plans as deemed necessary by the
City engineer, as needed, to ensure the safe, efficient and proper
construction of public improvements within the subdivision;
(3)
The
plat conforms to applicable zoning and other regulations;
(4)
The
plat must include or have attached to the plat a document containing
a description of the water and sewerage service facilities that will
be constructed or installed to service the subdivision and a statement
of the date by which the facilities will be fully operable; and
(5)
There
must be attached to the plat a document prepared by an engineer registered
to practice in this state certifying that the water and sewerage service
facilities described by the plat or on the document attached to the
plat are in compliance with the model rules adopted under Section
16.343, Texas Water Code.
(6)
If
sewerage service facilities are not necessary, there must be included
on the plat a statement that water and sewerage service facilities
are unnecessary for the subdivision, and a document attached to the
plat prepared by an engineer registered to practice in this state
certifying that water and sewerage service facilities are unnecessary
for the subdivision under the model rules adopted under Section 16.343,
Texas Water Code.
(c)
No construction
work shall begin on the proposed improvements in the proposed subdivision
prior to approval of the preliminary plat by the City Council, or
prior to issuance of all appropriate construction permits by the City
and other appropriate entities or agencies.
(d)
The applicant
shall provide copies of letters from applicable local utility companies
stating that each utility company has reviewed the preliminary plat
and stating any requirements, including easements, they may have.
This requirement may be deferred until the final plat is submitted
if such deferral request is submitted to the City in writing and approved
by the City administrator prior to the commission meeting at which
the preliminary plat will be considered.
(e)
No excavation,
grading, tree removal or site clearing activities shall occur prior
to approval of the preliminary plat and the engineering plans. However,
preliminary grading or site preparation activities, such as limited
excavation, filling, and removal or clearing of brush, undergrowth
or man-induced debris, may be authorized by the City administrator
in accordance with other applicable ordinances.
(f)
Information
Required Upon or With Preliminary Plat.
The proposed
preliminary plat and associated construction plans shall show the
information set forth below.
(1)
A vicinity
or location map that shows the location of the proposed preliminary
plat within the City or its ETJ and in relationship to existing roadways;
(2)
Boundary
lines, abstract or survey lines, corporate or other jurisdictional
boundaries, existing or proposed highways and streets, including right-of-way
widths, bearings and distances sufficient to locate the exact area
proposed for the subdivision, and all survey monuments identified
and labeled; the length and bearing of all straight lines, radii,
arc lengths, tangent lengths and central angles of all curves shall
be indicated along the lines of each lot, and the curve and line data
may be placed in a table format; accurate reference ties via courses
and distances to at least one recognized abstract or survey corner
or existing subdivision corner shall be shown;
(3)
The
name, location and recording information of all adjacent subdivisions,
or property owners of adjacent unplatted lots; including those located
on the other sides of roads, shall be drawn to the same scale and
shown in dotted lines adjacent to the tract proposed for subdivision
in sufficient detail to show accurately the existing streets, alleys,
building setbacks, lot and block numbering, easements, and other features
that may influence the layout of development of the proposed subdivision;
adjacent unplatted land shall show property lines, the names of owners
of record, and the recording information;
(4)
The
location, widths and names of all streets, alleys and easements, existing
or proposed, within the subdivision limits and adjacent to the subdivision.
A list of proposed street names shall be submitted in the form of
a letter or memo along with the application form for all new street
names. Street name approval is required at the time the preliminary
plat is approved. It shall be the Applicant’s responsibility
to coordinate with appropriate utility entities for placement of necessary
utility easements and for location of all streets and median openings
on highways or arterial roadways.
(5)
The
location of all existing property lines, existing lot and block numbers
and date recorded, easements of record, with recording information,
buildings, cemeteries, existing sewer or water mains, gas mains or
other underground structures, or other existing features within the
area proposed for subdivision;
(6)
Proposed
arrangement and square footage of lots, including lot and block numbers;
(7)
A title
block within the lower right hand corner of the plat, and with the
engineering plans, which shows the title or name under which the proposed
subdivision is to be recorded, the name and address of the property
owner and the name of the land planner, licensed professional engineer
or registered public surveyor who prepared the plat or plans, the
scale of the plat, the date the plat was prepared, and the location
of the property according to the abstract or survey records of Lynn
County, Texas; the subdivision name shall not duplicate, or phonetically
replicate, the name of any other platted subdivision in the City or
its ETJ, but phasing identification is allowed. It is the property
owner’s responsibility to check the plat records of Lynn County
to ensure that the proposed subdivision name will not duplicate or
sound too much like a subdivision name already in existence. The City
may, at its discretion, require a different subdivision name if there
is potential for confusion by public safety officials or the general
public;
(8)
Sites,
if any, to be reserved or dedicated for parks, schools, playgrounds,
other public uses or for private facilities or amenities;
(9)
Scale,
date, north arrow oriented to the top or left side of the sheet, and
other pertinent informational data;
(10)
Contours
with intervals of two feet (2') or less shown for the area, with all
elevations on the contour map referenced to sea level datum;
(11)
Areas
contributing drainage to the proposed subdivision shall be shown in
the engineering plans; locations proposed for drainage discharge from
the site shall be shown by directional arrows;
(12)
All
physical features of the property to be subdivided shall be shown
in the engineering plans, including the location and size of all water
courses, 100-year floodplain according to Federal Emergency Management
Agency (FEMA) information, Corps of Engineers flowage easement requirements,
ravines, bridges, culverts, existing structures, drainage area in
acres or area draining into subdivisions, the outline of major wooded
areas or the location of major or important individual trees, and
other features pertinent to subdivision;
(13)
Proposed
phasing of the development and a proposed schedule of development;
the dedication of rights-of-way for streets and street improvements,
whether on-site or off-site, intended to serve each proposed phase
of the subdivision;
(14)
All
preliminary plats shall be submitted in a legible format that complies
with Lynn County requirements for the filing of plats, and shall be
drawn on a good grade blue line or black line paper;
(15)
Proposed
or existing zoning of the subject property and all adjacent properties;
(16)
If
the subdivision is not to be served immediately by a water utility,
a note shall be placed on the plat prohibiting occupancy of any lot
until water satisfactory for human consumption is available from a
source on the land, a community source, or a public utility source
in adequate and sufficient supply to serve each lot. Such note shall
provide that the plans and specifications for a private water supply
system must be submitted by a licensed professional engineer and approved
by the Texas Commission on Environmental Quality (TCEQ);
(17)
If
the subdivision is not to be served immediately by a sewage-collecting
system connected to a community treatment plant or public sewer system,
a note shall be placed on the plat prohibiting occupancy of any lot
until an on-site waste disposal, such as a septic tank, system is
installed in accordance with the City’s and the state’s
rules and regulations governing such systems, and until the City has
inspected and approved the installed system; and
(18)
Certificates
and other language shall be included on the plat, pursuant to the
following sections:
(A)
A statement that the subdivided area is legally owned by the applicant.
(B)
An accurate legal description by bearings and distances, including
necessary curve and line data, accurate to the nearest one hundredth
of a foot, for all boundary, block and lot lines, with descriptions
correlated to a permanent survey monument.
(C)
A statement signed by the property owner and acknowledged before
a Notary Public as to the authenticity of the signatures, saying that
the property owner adopts the plat as shown, described and named,
and that he or she does dedicate, in fee simple, to the public use
forever the streets, alleys and easements shown on the plat. The property
owner further reserves any easement areas shown for mutual use of
all public utilities desiring to use the same. Any public utility
shall have the right to remove and keep removed all or any part of
any vegetative growth or other appurtenance for construction or maintenance,
or efficiency of its respective system in these easements and all
or any part of, any growth or construction which in any way hinders
or interferes with the right of ingress and egress to these easements
for any necessary use without asking anyone’s permission.
(D)
The registered public surveyor’s certificate, with a place
for his or her signature and notarization of his or her signature.
(E)
A place for plat approval signature of the mayor, the City Council,
a place for the City secretary to attest such signature, and the approval
dates by the commission and City Council.
(F)
Property owner’s and surveyor’s certificate, approval
block, Special Notice regarding sale of property, Visibility, Access
and Maintenance Easements (to be used if applicable), Fire Lanes (to
be used if applicable), and Access Easements (to be used if applicable)
language is required and the specific language is available at the
City.
(G)
Other Plat Language.
The plat shall include any other
applicable language, such as for drainage, floodway or other special
types of easements, or for a private street subdivision, as deemed
appropriate and necessary by the City for the purpose of protecting
the public health, safety and welfare.
(g)
Effect
of Approval.
Approval of a preliminary plat authorizes
the applicant to file construction plans for infrastructure improvements,
upon fulfillment of all requirements and conditions of approval. The
preliminary plat shall lapse where a complete application for such
construction plans is not submitted within two years of the date of
approval of the preliminary plat.
(Ordinance adopted 6/14/10)
(a)
Following
approval of the preliminary plat by the City Council, the applicant
shall submit the required number of sets of the complete construction
plans for streets, alleys, storm sewers and drainage structures, water
and sanitary sewer facilities, screening and retaining walls, landscaping
and irrigation, and any other required public improvements for the
area covered by the preliminary plat. Such construction plans shall
comply with the Minimum Construction Standards found in Appendix A
[sic].
(b)
Cost estimates
for infrastructure improvements shall also be submitted with the construction
plans.
(c)
For the
purposes of this Ordinance, complete sets of construction plans shall
include the following plans or sheets, generally in the order shown
below, as well as any additional plans or sheets deemed necessary
and requested by the City engineer:
(1)
Cover
or title sheet;
(2)
Approved
Preliminary plat;
(3)
Final
site plan for nonresidential and multifamily projects only;
(4)
Existing
conditions plan which shows existing topography, vegetation, tree
inventory, existing natural and manmade physical features;
(5)
Existing
tree and vegetation protection plan;
(6)
Grading,
erosion control, and water quality control plans;
(7)
Paving
and storm drainage plans;
(8)
Utility
plans for water, sanitary sewer or septic systems, etc.;
(9)
Traffic-control
plans (if necessary);
(10)
Screening
and retaining wall plans; and
(11)
Landscaping
and irrigation plans.
(d)
The applicant
shall have these plans prepared by his own professional engineer(s),
subject to approval of the plans by the City engineer. The City engineer
shall review, or cause to be reviewed, the plans and specifications
and if approved, shall mark them “Approved” and shall
return one set to the applicant.
(e)
If not
approved, one set shall be marked with the objections noted and returned
to the applicant for correction, whereupon the Applicant’s engineer
shall correct the plans as requested and shall resubmit them back
to the City Engineer for re-review.
(1)
Once
the construction plans are approved by the City Engineer, the applicant
shall provide additional sets of the approved plans to the City, as
specified by the City engineer, for use during construction. A full
set of the City-approved construction plans must be available for
inspection on the job site at all times.
(2)
After
approval of the preliminary plat by the City Council, approval of
the construction plans and specifications by the City Engineer, and
following procurement of all applicable permits from other appropriate
agencies, such as TxDOT, TCEQ, LCRA or Lynn County, the applicant
shall cause a contractor to install or construct the public improvements
in accordance with the approved plans and the City’s standard
specifications, and at the Applicant’s expense.
(3)
The
applicant shall employ engineers, surveyors or other professionals
as necessary to design, stake, supervise and perform the construction
of such improvements, and shall cause his or her contractor to construct
the said improvements in accordance with this Ordinance and with the
City’s, and any other applicable agency’s, design standards.
(4)
Construction
plans shall be prepared by or under the direct supervision of a professional
engineer licensed in the State of Texas, as required by state law
governing such professions and in accordance with this Ordinance.
(5)
All
construction plans submitted for City review shall be dated and shall
bear the responsible engineer’s registration number, his or
her designation of “professional engineer” or “P.E.,”
and the engineer’s seal.
(6)
As
part of the construction plans, a drainage plan showing how the drainage
of each lot relates to the overall drainage plan for the plat under
consideration shall be submitted. The drainage plan shall be made
available to each builder within the proposed subdivision and all
builders shall comply with the drainage plan.
(f)
Revisions
to Approved Preliminary Plat.
Where the preparation of
construction plans reveals the need for revisions to the approved
preliminary plat, such revisions shall be considered minor or major
according to this section.
(1)
Minor
Revisions.
(A)
It is generally recognized that minor revisions to the preliminary
plat may be needed before the final plat can be filed at the County.
(B)
No revision to a preliminary plat shall be considered minor if it
is requested more than ninety (90) calendar days after initial approval
of the preliminary plat.
(C)
Such minor revisions as slight enlargement or shifting of easements
or lot lines, addition of private or franchise utility easements,
correction of bearings or distances, correction of minor labeling
errors, addition of erroneously omitted informational items and labels,
modification of a plat note that does not amend the covenants and
restrictions, and other similar revisions as determined by the City
Administrator may occur on the final plat without having to re-approve
the preliminary plat and without altering the plat’s status
under Chapter 245.
(2)
Major
Revisions.
(A)
Major revisions, such as obvious reconfiguration of lot lines or
easements, relocation of driveways or access easements or fire lanes,
any modification to the perimeter or boundary of the property, and
relocation or addition or deletion of any public improvement, including
corresponding easement, shall necessitate resubmission and re-approval
of the plat as a “revised preliminary plat” and shall
be considered a new project for the purpose of determining applicable
regulations.
(B)
The procedures for such re-approval shall be the same as for a preliminary
plat, and such re-approval shall constitute a new project thus necessitating
submission of a new application form, payment of new fees, and other
requirements.
(g)
Effect
of Approval.
Approval of construction plans authorizes
the applicant, upon fulfillment of all requirements and conditions
of approval and upon construction of all required improvements, or
submission of the proper assurances for construction of same, as authorized
by this Ordinance to submit an application for final plat approval.
The construction plan approval shall lapse where a complete application
for a final plat is not submitted within two years of the date of
approval of the construction plans.
(h)
Revisions
to Approved Construction Plans.
(2)
Major
Revisions.
(A)
Major revisions shall necessitate re-submission and re-approval of
the construction plans.
(B)
The procedures for such re-approval shall be the same as for the
original approval, and such re-approval may constitute a new project
thus necessitating submission of a new application form, payment of
new fees, and other requirements.
(Ordinance adopted 6/14/10)
(a)
The final
plat shall be in accordance with the preliminary plat, as approved,
and shall incorporate all applicable conditions, changes, directions
and additions imposed by the commission and City Council upon the
preliminary plat. The final plat shall not be approved by the City
Council until all utilities, infrastructure, and other required improvements
have been constructed according to the engineering plans, as approved
by the City engineer, unless provisions are made.
(b)
Final
plat applications which do not include the required data, completed
application form, submission fee, number of copies of the plat, record
drawings, “Letter of Satisfactory Completion” of the public
improvements from the City, and other required information, including
documentation that all required public improvements have been constructed
and installed in accordance with City standards, letters from utility
companies verifying their easements, and submission of the proper
assurances or escrow funds for the completion of the improvements,
will be considered incomplete, shall not be accepted for submission
by the City, and shall not be scheduled on a commission agenda until
the proper information is provided to City staff.
(c)
Information
Required on a Final Plat.
(1)
All
information that is required for a preliminary plat, except for submission
of construction plans, provided that such plans were already submitted
and approved with the preliminary plat; and except that physical features
of or on the land, such as topography, buildings, structures, water
bodies and tree cover, shall not be shown on the final plat. In addition
to these items, the final plat shall also provide a place for the
County Clerk of Lynn County to stamp the date and location where the
plat will be filed (“Volume ________, Page ________”)
in the lower right-hand corner of the plat drawing.
(2)
A detailed
cost estimate for unconstructed water and wastewater facilities necessary
to serve each lot is required to be attached to the final plat for
approval. Additionally, if the cost estimate is to be included within
a final engineering report, this final report must be attached to
the final plat for approval.
(3)
A final
plat requires attaching a construction schedule for each significant
element needed to provide adequate water or wastewater facilities.
Additionally, if the construction schedule is to be included within
a final engineering report, this final report must be attached to
the final plat for approval.
(4)
An
executed service agreement shall be attached to the final plat when
the subdivider/owner proposes to connect to an existing public water
system (see Appendix B) [sic].
(5)
A contractual
agreement between the subdivider and the retail public utility shall
be attached to the final plat when the subdivider proposes to connect
to an existing sewer system (see Appendix C) [sic].
(6)
Certification
of water availability sealed by a licensed Professional Engineer is
required to be included on the final plat or be attached to the final
plat in an engineering report. The certification regarding the method
for providing these services shall provide for:
(A)
Connection to an existing public water or sewer system; or
(B)
Creating a new public water or sewer utility that complies with requirements
of the Texas Commission on Environmental Quality (TCEQ); or
(C)
Installing wells that meet public drinking water standards or septic
systems that meet on-site sewerage facility requirements; and
(D)
Must state that the water and wastewater facilities will accommodate
ultimate development of the tract for a minimum of 30 years.
(7)
All
aspects of the final plat shall conform to the standards of Lynn County
for plats with respect to clarity, sheet size, lettering size and
reproducibility.
(8)
Approval
Block (required).
The approval block, property owner’s
and surveyor’s certificate, special notice regarding sale of
property, visibility, access and maintenance easement (to be used
if applicable), fire lanes (to be used if applicable), and access
easements (to be used if applicable) used on the previously approved
preliminary plat shall be modified and shown on the final plat.
(9)
Other
plat language.
The plat shall include any other applicable
language, as deemed appropriate and necessary by the City for the
purpose of protecting the public health, safety and welfare.
(d)
Standards
for Approval.
No final plat shall be reviewed by the
commission or approved by the City Council unless the following standards
have been met:
(1)
The
plat substantially conforms with the approved preliminary plat and
other studies and plans, as applicable;
(2)
The
construction and installation of required public improvements and
City utilities has been completed and the improvements have been accepted
by the City as conforming to the City’s regulations and design
standards, or the proper assurances for construction of the improvements
have been submitted and approved by the City, and
(3)
The
plat conforms to applicable zoning, subdivision and other development
related regulations, and any other applicable codes or ordinances
of the City that are related to development of a land parcel.
(e)
Record
Drawings.
When all of the improvements are found to be
constructed and completed in accordance with the approved plans and
specifications and with the City’s standards, and upon receipt
by the City of Tahoka of a maintenance bond or certificate of deposit
from each contractor, three (3) sets of “AS BUILT” or
“Record Drawing” plans and one (1) set of “As-Built”
or “Record Drawing” sepias shall be submitted with a letter
stating the contractor’s compliance with this Ordinance. After
such letter is received, the City administrator shall receive and
accept for the City the title, use and maintenance of the improvements.
The final plat shall not be approved prior to receipt of the above
letter and other items, nor prior to acceptance of the improvements
by the City.
(f)
Timing
of Public Improvements.
(1)
The
City Council may permit all or some of the public improvements to
be installed, offered for dedication, or accepted by the City after
approval of the final plat by the City if there exists a compelling
reason that is consistent with the public health, safety or welfare
to do so.
The City Council may permit or require the deferral of the construction
of public improvements if, in its judgment, deferring the construction
would not result in any harm to the public or would offer significant
advantage in coordinating the site’s development with adjacent
properties and off-site public improvements.
The deferred construction of any public improvement(s) must
be approved by the City Council at the time of preliminary plat approval,
and the necessary assurances for completion of the improvements, shall
be a condition, of approval of the preliminary or final plat.
(g)
Effect
of Approval.
Approval of a final plat authorizes the
applicant, upon fulfillment of all requirements and conditions of
approval and upon completion of construction of all required improvements,
or submission of the proper assurances for construction of same, to
submit the final copies, or mylars, of the plat for filing at Lynn
County. No conveyance or sale of any portion or lot of the property
may occur until after the final plat is approved by the City Council
and filed with the Lynn County Clerk, except where land to be sold
for nonresidential or multifamily purposes is reviewed and approved
through the development plat process.
(h)
Revisions
to Approved Final Plat Prior to Filing at the County.
Occasionally, minor revisions are needed before the final plat can
be filed at the county. Such minor revisions as correction of bearings
or distances, correction of minor labeling errors, addition of erroneously
omitted informational items and labels, and similar revisions as determined
by the City
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Administrator, may occur on the record plat prior to filing
it without the City Council having to re-approve the final plat.
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Major revisions, such as obvious corrections or reconfiguration
of lot lines or easements, relocation of driveways or access easements
or fire lanes, any modification to the perimeter or boundary of the
property, and relocation or addition or deletion of any public improvement,
including corresponding easement, shall necessitate re-submission
and re-approval of the plat as a “revised final plat.”
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The procedures for such re-approval shall be the same as for
a final plat, and such re-approval may constitute a new project thus
necessitating submission of a new application form, payment of new
fees, and other requirements.
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(i)
Plat
Filing.
Subsequent to final plat approval by the City
Council, the applicant shall return copies of the final plat, as approved,
with any other required documents and necessary fees attached thereto,
to the City administrator within thirty (30) calendar days following
approval, in accordance with requirements established by the City.
(1)
All
easements shall be included on the plat, including the recording information
for those easements that are filed or recorded as separate instruments,
as required by utility companies and the City prior to filing the
final plat, and a copy of letters from each applicable utility company
shall be submitted to the City administrator stating that the plat
contains the proper easements.
(2)
All
necessary filing materials, including mylars, reductions or blueline
copies, as required by the County Clerk of Lynn County or the City
administrator, shall be returned to the City secretary with the required
fees.
(3)
If
the required copies and materials are not returned to the City within
the specified 30-day time frame, the approval of the final plat shall
be null and void unless an extension is granted by the City Council.
(4)
The
City secretary shall file the final plat at the office of the County
Clerk of Lynn County within thirty (30) calendar days following receipt
of all filing materials, including filing fees.
(Ordinance adopted 6/14/10)
(a)
Lapse.
(1)
The
entire project shall expire five years after the date of initial approval
if no progress towards completion is made. Progress towards completion
of the project shall include any one or more of the following:
(A)
An application for a final plat or plan is submitted to a regulatory
agency;
(B)
A good-faith attempt is made to file with a regulatory agency an
application for a permit necessary to begin or continue towards completion
of the project;
(C)
Costs have been incurred for developing the project including, without
limitation, costs associated with roadway, utility, and other infrastructure
facilities designed to serve, in whole or in part, the project (but
exclusive of land acquisition) in the aggregate amount of five percent
of the most recent appraised market value of the real property on
which the project is located;
(D)
Fiscal security is posted with a regulatory agency to ensure performance
of an obligation required by the regulatory agency; or
(E)
Utility connection fees or impact fees for the project have been
paid to a regulatory agency.
(2)
A properly
recorded final plat approved by the City shall not expire.
(3)
Any
re-application shall be considered a new project, subject to the regulations
in place at the time of the re-application.
(b)
Extension
and Reinstatement Procedure.
(1)
Prior
to the lapse of approval for a plat or construction plans, the applicant
may petition the City to extend the approval. Such petition shall
be considered by the City Council, and an extension may be granted
by the City Council at such meeting. Any such extension must be approved
prior to the lapse of the approval.
(2)
In
determining whether to grant a request for extension, the City Council
shall take into account the reasons for lapse, and the ability of
the applicant to comply with any conditions attached to the original
approval.
(3)
The
City Council may extend the approval subject to additional conditions
based upon newly enacted City regulations or state legislation, or
such as are necessary to ensure compliance with the original conditions
of approval and to protect the public health, safety and welfare.
The City Council may also specify a shorter time for extension of
the approval than the original two year approval period.
(Ordinance adopted 6/14/10)
(a)
Authority.
This section is adopted pursuant to the Texas Local Government
Code, Chapter 212, Subchapter B, Sections 212.041 through 212.050,
as amended. Development plats are not allowed for single-family lot
development in residential subdivisions.
(b)
Applicability.
For purposes of this section, the term “development”
means the construction of any building, structure or improvement of
any nature, residential or nonresidential, or the enlargement of any
external dimension thereof. This section shall apply to any land lying
within the City or within its extraterritorial jurisdiction in the
following circumstances:
(1)
The
development of any tract of land which has not been platted or replatted
prior to the effective date of this Ordinance, unless expressly exempted
herein;
(2)
The
development of any tract of land for which the property owner claims
an exemption from the City’s subdivision ordinance, including
requirements to replat, which exemption is not expressly provided
for in such regulations;
(3)
The
development of any tract of land for which the only access is a private
easement or street;
(4)
The
division of any tract of land resulting in parcels or lots each of
which is greater than five (5) acres in size, and where no public
improvement is proposed to be dedicated.
(c)
Exceptions.
No development plat shall be required, where the land to be
developed has received final plat or replat approval prior to the
effective date of this Ordinance.
(d)
Prohibition
on Development.
No development shall commence, nor shall
any building permit, utility connection permit, electrical connection
permit or similar permit be issued, for any development or land division
subject to this section, until a development plat has been reviewed
by the commission, approved by the City Council, and submitted with
the City secretary.
(e)
Standards
of Approval.
The development plat shall not be approved
until the following standards have been satisfied:
(1)
The
proposed development conforms to all City plans;
(2)
The
proposed development conforms to the requirements of the zoning ordinance,
if located within the City’s corporate limits, and this Ordinance;
(3)
The
proposed development is adequately served by public facilities and
services, parks and open space in conformance with City regulations;
(4)
Appropriate
agreements for acceptance and use of public dedications to serve the
development have been tendered; and
(5)
The
proposed development conforms to the design and improvement standards
contained in this Ordinance and any other applicable codes or ordinances
of the City that are related to development of a land parcel.
(f)
Conditions.
The City Council may impose such conditions on the approval of the development plat as are necessary to assure compliance with the standards in subsection (e) above.
(g)
Approval
Procedure.
The application for a development plat shall
be submitted to the City in the same manner as a final plat, and shall
be approved, conditionally approved, or denied by the City Council
following review and recommendation by the commission in a similar
manner as a final plat. Upon approval, the development plat shall
be filed at the county by the City secretary in the same manner as
prescribed for a final plat; and approval of a development plat shall
expire if all filing materials are not submitted to the City administrator
and if the plat is not filed with the Lynn County Clerk within the
time periods specified for a final plat.
(h)
Submittal
Requirements.
In addition to all information that is
required to be shown on a final plat, a development plat shall:
(1)
Be
prepared by a registered professional land surveyor or licensed professional
engineer;
(2)
Clearly
show the boundary of the development plat;
(3)
Show
each existing or proposed building, structure or improvement or proposed
modification of the external configuration of the building, structure
or improvement involving a change therein;
(4)
Show
all easements and rights-of-way within or adjacent to the development
plat; and
(5)
Be
accompanied by the required number of copies of the plat, a completed
application form, the required submission fee, and a certificate showing
that all taxes have been paid on the subject property and that no
delinquent taxes exist against the property.
(Ordinance adopted 6/14/10)
(a)
A minor
plat or replat shall meet all of the informational and procedural
requirements set forth for a final plat, and shall be accompanied
by the required number of copies of the plat, a completed application
form, the required submission fee, and a certificate showing that
all taxes have been paid on the subject property and that no delinquent
taxes exist against the property.
(b)
Notice,
a public hearing, and the approval of other lot owners are not required
for the approval a minor plat or replat. Approval of a minor plat
or replat may be by the City Administrator.
(c)
The minor
plat or replat shall be entitled and clearly state that it is a “minor
plat” or “minor replat.”
(Ordinance adopted 6/14/10)
(a)
Replat
Required.
Unless otherwise expressly provided for herein,
a property owner who proposes to replat any portion of an already
approved final plat, other than to amend or vacate the plat, must
first obtain approval for the replat under the same standards and
by the same procedures prescribed for the final platting of land by
this Ordinance.
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All improvements shall be constructed in accordance with the
same requirements as for a preliminary or final plat, as provided
herein. Approval of a replat or minor replat shall be considered to
automatically vacate any prior plat, except as set forth in paragraph
(b) below.
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(b)
Replatting
Without Vacating Preceding Plat.
A replat of a final
plat or portion of a final plat may be recorded and is controlling
over the preceding plat without vacation of that plat where:
(1)
The
replat is signed and acknowledged by the owners of the property being
replatted (no signatures are required from other owners of lots in
the subdivision that are not replatted);
(2)
The
replat is approved, after a public hearing by the City Council. No
public hearing is required by the commission; and
(3)
The
replat does not amend or remove any covenants or restrictions previously
incorporated in the final plat.
(c)
In addition to compliance with subsections (b)(1) through (3) above, a replat without vacation of the preceding plat must conform to the requirements of this section if:
(1)
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
(2)
Any
lot in the preceding plat was limited by deed restrictions to residential
use for not more than two (2) residential units per lot.
(3)
Notice of the public hearing required under subsection (b) above shall be given on or before the fifteenth (15th) calendar day before the date of the hearing by publication in an official newspaper or a newspaper of general circulation in Lynn County.
(4)
Notice
of the public hearing shall also be given by written notice, with
a copy or description of any requested exceptions, sent to the property
owners, as documented on the most recently approved ad valorem tax
roll of the City, of lots that are in the original subdivision and
that are within two hundred (200) feet of the lot(s) to be replatted.
(5)
In
the case of a subdivision in the extraterritorial jurisdiction, the
most recently approved county tax roll shall be used. 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.
(d)
If the property owners of twenty percent (20%) or more of the total land area of lots to whom notice is required to be given under subsection (c) above file with the City a written protest of the replatting before or at the public hearing, or if the replat requires an exception, then approval of the replat will require the affirmative vote of at least three-fourths (3/4) of the City Council members present. For a legal protest, written instruments signed by the owners of at least twenty percent (20%) of the area of the lots or land immediately adjoining the area covered by the proposed replat and extending two hundred feet (200') from that area, but within the original subdivision, must be filed with the City prior to the close of the public hearing. In computing the percentage of land area subject to the “20% rule” described above, the area of streets and alleys shall be included.
(e)
Compliance with subsection (c) above is not required for approval of a replat or part of a preceding plat 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.
(f)
Any replat
which adds or deletes lots must include the original subdivision and
lot boundaries.
(g)
If the
previous plat is vacated as prescribed in Section 212.013 of the Texas
Local Government Code, as amended, a public hearing is not required
for a replat of the area vacated.
(h)
The replat
of the subdivision shall meet all the requirements for a final plat
for a new subdivision that may be pertinent, as provided for herein.
(i)
The title
shall identify the document as a “Final Plat” of the “______Addition,
Block ______, Lot(s) ______, Being a Replat of Block ______, Lot(s)
______of the ______ Addition, an addition to the City of Tahoka, Texas,
as recorded in Volume/Cabinet ______, Page/Slide ______of the Plat
Records of Lynn County, Texas.”
(j)
An application
submittal for a replat shall be the same as for a final plat.
(k)
The replat
shall be filed with the Lynn County Clerk in the same manner as prescribed
for a final plat.
(Ordinance adopted 6/14/10)
(a)
An amended
plat shall meet all of the informational and procedural requirements
set forth for a final plat, and shall be accompanied by the required
number of copies of the plat, a completed application form, the required
submission fee, and a certificate showing that all taxes have been
paid on the subject property and that no delinquent taxes exist against
the property. Any amending plat shall be considered a new project
for the purposes of determining rights under Chapter 245, subject
to the regulations in place at the time of filing of the amending
plat.
(b)
The City
administrator may approve an amending plat, which may be recorded
and is controlling over the preceding or final plat without vacation
of that plat, if the amending plat is signed by the property owner
and if the amending plat is for one or more of the purposes set forth
in this Section. The procedures for amending plats shall apply only
if the sole purpose of the amending plat is to:
(1)
Correct
an error in a course or distance shown on the preceding plat;
(2)
Add
a course or distance that was omitted on the preceding plat;
(3)
Correct
an error in a real property description shown on the preceding plat;
(4)
Indicate
monuments set after the death, disability, or retirement from practice
of the engineer or surveyor responsible for setting monuments;
(5)
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)
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)
Correct
an error in courses and distances of lot lines between two adjacent
lots if:
(8)
Relocate
a lot line to eliminate an inadvertent encroachment of a building
or other improvement on a lot line or easement;
(10)
To 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:
(A)
The changes do not affect applicable zoning and other regulations
of the City;
(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 City
Council has approved, after a public hearing, as a residential improvement
area.
(c)
The City
administrator may, at his or her discretion and for any reason, elect
to present the amending plat to the commission and City Council for
consideration and approval. Should the City administrator refuse to
approve the amending plat, then the plat shall be referred to the
commission and the City Council for consideration within the time
period required by state law.
(d)
Notice,
a public hearing, and the approval of other lot owners are not required
for the approval and issuance of an amending plat.
(e)
The amended
plat shall be entitled and clearly state that it is an “amended
plat.” It shall also state the specific lots affected or changed
as a result of the amended plat, and shall include the original subdivision
plat boundary.
(f)
The amending
plat shall be filed at the county in the same manner as prescribed
for a final plat.
(Ordinance adopted 6/14/10)
(a)
By Property
Owner.
The property owner of the tract covered by a plat
may vacate, upon review by the commission and approval by the City
Council, the plat at any time before any lot in the plat is sold.
Any plat vacation shall be considered a new project for the purposes
of determining rights under Chapter 245, subject to the regulations
in place at the time of filing of the plat vacation. 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.
(b)
By All
Lot Owners.
If some or all of the lots covered by the
plat have been sold, the plat, or any part of the plat, may be vacated
on the application of all the owners of lots in the plat with approval
obtained in the manner prescribed for the original plat.
(c)
Criteria.
The commission shall review, and the City Council shall approve,
the petition for vacation on such terms and conditions as are in accordance
with Section 212.013 of the Texas Local Government Code, and as are
reasonable to protect the public health, safety and welfare. As a
condition of vacation of the plat, the City Council may direct the
petitioners to prepare a revised final plat in accordance with this
Ordinance such that the property does not become “unplatted.”
(d)
Effect
of Action.
On the execution and recording of the vacating
instrument, the vacated plat shall have no effect. Regardless of the
commission’s and City Council’s action on the petition,
the property owner 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 commission and City Council.
(e)
City-Initiated
Plat Vacation.
(1)
General
Conditions.
The City Council, on its motion, may vacate
the plat of an approved subdivision or addition when:
(A)
No lots within the approved plat have been sold within five (5) years
from the date that the plat was signed by the City;
(B)
The applicant 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] applicant or its successor; or
(C)
The plat has been of record for more than five (5) years and the
City determines that the further sale of lots within the subdivision
or addition presents a threat to public health, safety or welfare,
except that the vacation shall apply only to lots owned by the applicant
or its successors.
(2)
Procedure.
Upon any motion of the commission or City Council to vacate
the plat of any previously approved subdivision or addition, in whole
or in part, the commission shall publish notice in a newspaper of
general circulation in the county. The commission shall also provide
personal notice to all property owners within the subdivision or addition
and to the City Council. The notice shall state the time and place
for a public hearing on the motion to vacate the subdivision or addition
plat. The commission shall recommend approval and the City Council
shall approve the vacation only if the criteria and conditions cited
above are satisfied.
(3)
Record
of Notice.
If the commission and City Council approve
vacating a plat, the City secretary shall record a copy of the resolution
or ordinance in the office of the County Clerk of Lynn County with
a copy of the area or plat vacated. The county clerk shall write legibly
on the vacated plat the word “vacated” and shall enter
on the plat a reference to the volume and page at which the vacating
instrument is recorded. If the commission and City Council adopt a
resolution or ordinance vacating a plat in part, it shall cause a
revised final plat to be recorded which shows that portion of the
original plat that has been vacated and that portion that has not
been vacated. On the execution and recording of the vacating instrument
the vacated plat has no effect.
(Ordinance adopted 6/14/10)
