Prior to the official filing of a preliminary plat, the developer
should consult with and present a proposed plan of subdivision to
the city administrator-secretary for comments and advice on the procedures,
specifications, and standards required by the city for the subdivision
of land.
(Ordinance 1041 adopted 11/1/1983)
(a) General.
(1) The developer shall cause to be prepared a preliminary plat by a
professional engineer in accordance with this article. The preliminary
plat will not be recorded.
(2) The developer shall file a formal application for a preliminary plat
approval in writing attaching to the application ten (10) blue or
black line copies of the plat, with the city administrator-secretary
at least ten (10) days prior to the date at which formal application
for the preliminary plat approval is to be considered by the planning
and zoning commission. The letter of transmittal of the application
shall state the name, address and telephone number of the owner, developer,
his agent and the engineer who prepared the plat.
(3) Such plat shall be accompanied by a filing fee as established by
the city. No action by the planning and zoning commission shall be
valid until the filing fee has been paid. This fee shall not be refunded
should the developer fail to make formal application for preliminary
plat approval or should the plat be disapproved. Filing fees shall
be made by check made payable to the City of Stanton, Texas, and given
to the city administrator-secretary with whom the plat is filed and
at the time the plat is filed.
(4) A developer may be required to submit a preliminary master plat of
the entire area he proposes to subdivide over a period of time and
indicate thereon his proposed plan of development by increments. After
approval of the preliminary master plat, he may submit fractional
final plats in general accordance with the preliminary master plat
by units or areas. Each increment or area must be adjacent to a preceding
developed increment or area.
(b) Form and content.
The plat shall be drawn on sheets
eighteen (18) inches wide and eighteen (18) inches long, with a binding
margin of not less than one and one-half (1-1/2) inches on the left
side of the sheet and margins on the other three (3) sides of not
less than three-fourths (3/4) inches. The plat shall be drawn to a
scale of one (1) inch to one hundred (100) feet or larger. When more
than one (1) sheet is necessary to accommodate the entire area, an
index sheet shall be attached to the plat. The plat shall show the
following:
(1) Names and addresses of the developer, record owner and engineer.
(2) Proposed name of the subdivision, which shall not have the same spelling
as or be pronounced similar to the name of any other subdivision located
within the city or within one-half (1/2) mile of the city, unless
the subdivision is contiguous to a recorded subdivision and the plat
represents an additional installment or increment of the original
subdivision.
(3) Names of contiguous subdivisions and the owners of contiguous parcels
of unsubdivided land, along with the deed record references, and an
indication of whether or not contiguous properties are platted.
(4) Description, by metes and bounds, of the subdivision.
(5) Primary control points or descriptions, and ties to such control
points to which all dimensions, angles, bearings, block numbers and
similar data shall be referred.
(6) Subdivision boundary lines, indicated by heavy lines and the computed
average of the subdivision.
(7) Existing sites as follows:
(A) The exact location, dimensions, name and description of all existing
or recorded streets, alleys, reservations, easements or other public
rights-of-way within the subdivision, intersecting or contiguous with
its boundaries or forming such boundaries.
(B) The exact location, dimensions, description and name of recorded
residential lots, parks, public areas, permanent structures and other
sites within or contiguous with the subdivision.
(C) The exact location, dimensions, description and flow line of existing
watercourses and drainage structures within the subdivision or on
contiguous tracts.
(8) The exact location, dimensions, description and name of all proposed
streets, alleys, drainage structures, parks, other public areas, reservations,
easements or other rights-of-way, blocks, lots and other sites within
the subdivision.
(9) Date of preparation, scale of plat and north arrow.
(10) Topographical information shall include contour lines on a basis
of five (5) vertical feet in terrain with a slope of two (2) percent
or more, and on a basis of two (2) vertical feet in terrain with a
slope of less than two (2) percent. Contour lines shall be based upon
city datum.
(11) A number or letter to identify each lot or site and each block.
(12) Front building setback lines on all lots and sites. Side yard building
setback lines on all lots and sites. Side yard building setback lines
at street intersections.
(13) Location of city limits lines, the outer border of the city's extraterritorial
jurisdiction, and boundaries, if they traverse the subdivision, form
part of the boundary of the subdivision, or are contiguous to such
boundary.
(14) Vicinity sketch or key map at a smaller scale which shall show existing
subdivisions, roads, streets, easements, highway, railroad rights-of-way,
parks, public facilities and other landmarks in the vicinity, the
general drainage plan and ultimate destination of water, and possible
storm sewer, water, gas, electric and sanitary sewer connections by
arrows. Key map shall extend one (1) mile in all directions.
(c) Processing of preliminary plat.
(1) The city engineer shall check the preliminary plat as to its conformity
with the city's master plan and the standards and specifications set
forth herein or referred to herein.
(2) Pertinent copies of the preliminary plat data shall be submitted
to the city engineer, and he shall check the same for conformity with
the standards and specifications contained or referred to herein.
(3) The city engineer shall present the preliminary plat data to the
planning and zoning commission with his recommendations.
(4) Within thirty (30) days after the preliminary plat is formally filed,
the planning and zoning commission shall approve, conditionally approve
or disapprove such plat. If it is disapproved or conditionally approved
with modifications, the commission shall inform the developer, in
writing, of the reasons at the time such action is taken.
(5) Approval of a preliminary plat shall not constitute automatic approval
of the final plat.
(6) Approval of a preliminary plat shall be effective for six (6) months
unless reviewed by the planning and zoning commission in the light
of new or significant information which would necessitate a revision
of the preliminary plat. If the commission should deem changes in
a preliminary plat as necessary, it shall so inform the developer,
in writing.
(7) If no development has occurred which would affect the proposed plat,
after six (6) months of effective approval the commission may, upon
application of the developer, extend the approval time allowable.
(Ordinance 1041 adopted 11/1/1983; Ordinance adopting 2024 Code)
(a) Form and content.
(1) The final plat and accompanying data shall conform to the preliminary
plat as approved by the planning and zoning commission incorporating
any and all changes, modifications, alterations, corrections and conditions
imposed by the commission.
(2) The final plat shall be drawn in India ink on linen tracing cloth
or dimensionally stable matte film sheets eighteen (18) inches wide
and eighteen (18) inches long with one and one-half (1-1/2) inch margin
on the left side of the sheet, and margins of not less than three-fourths
(3/4) inches on the other three (3) sides. The plat shall be drawn
at a scale of one (1) inch to one hundred (100) feet or larger. Where
more than one (1) sheet is necessary to accommodate the entire area,
an index sheet showing the entire subdivision at an appropriate scale
shall be attached to the plat.
(3) The final plat shall be submitted in one (1) original reproduction
tracing as specified above and ten (10) blue or black line prints
which shall contain all of the features required for preliminary plats,
and it shall be accompanied by site improvement data bearing the seal
of a professional engineer.
(4) The final plat and the accompanying site improvement data shall be
approved by the city engineer.
(5) In addition to the various requirements for the preliminary plat,
the final plat shall also include the following:
(A) The exact location, dimensions, name and description of all existing
or recorded streets, alleys, reservations, easements, or other public
rights-of-way within the subdivision, intersecting or contiguous with
its boundary or forming such boundary, with accurate dimensions, bearing
or deflecting angles and radii, area, and central angle, degree of
curvature, tangent distance and length of all curves where appropriate.
(B) The exact location, dimensions, description and name of all proposed
streets, alleys, drainage structures, parks, other public areas, reservations,
easements or other rights-of-way, blocks, lots and other sites within
the subdivision with accurate dimensions, bearing or deflecting angles
and radii, area, and central angles, degree of curvature, tangent
distance and length of all curves where appropriate.
(C) All front, side and rear building setback lines.
(D) Owner's acknowledgement and dedications.
(E) Certification by the city engineer that all requirements of this
article have been met.
(F) Approval of the planning and zoning commission of the city.
(G) Certification of the surveyor responsible for surveying the subdivision
area, attesting to its accuracy.
(H) A certificate by the engineer responsible for the preparation of
the final plat and supporting data, attesting to its accuracy.
(6) When filed, the final plat shall be accompanied by the following
data. All plans and engineering calculations shall bear the seal and
signature of an engineer.
(A) Streets and alleys.
Four (4) copies of plans and profiles
of all streets and alleys.
(B) Sanitary sewers.
(i)
Four (4) copies of the proposed plat, showing two (2) foot contours
and the proposed location and dimensions of existing sanitary sewer
lines.
(ii)
Four (4) copies of plans and profiles of proposed sanitary sewer
lines, indicating depths and grades of lines.
(iii)
When a separate sewer system or treatment plant other than that
provided by the City of Stanton is proposed, four (4) copies of proposed
plans and specifications.
(C) Water lines.
(i)
Four (4) copies of the proposed plat showing two (2) foot contours
and the location and size of existing water lines and fire hydrants.
(ii)
Four (4) copies of plans and profiles of all proposed water
lines and fire hydrants, showing depths and grades of the lines.
(iii)
When a separate water system is planned, or when connection
is proposed to a water system other than to the City of Stanton water
system, four (4) copies of the plans, including fire hydrants, of
the proposed system.
(D) Storm drainage.
(i)
Four (4) copies of the proposed plat, indicating two (2) foot
contours based on City of Stanton datum. All street widths and grades
shall be indicated on the plat and runoff figures shall be indicated
on the outlet and inlet side of all drainage ditches and storm sewers,
and at all points in the street at changes of grade and where the
water enters another street or storm sewer or drainage ditch. Drainage
easements shall be indicated.
(ii)
A general location map of the subdivision showing the entire
watershed (a U.S.G.S. quadrangle is satisfactory).
(iii)
Calculations showing the anticipated storm water flow, including
watershed area, percent runoff, and time of concentration. When a
drainage ditch or storm sewer is proposed, calculations shall be submitted
showing basis for design.
(iv)
When a drainage channel or storm sewer is proposed, complete
plans, profiles, and specifications shall be submitted, showing complete
construction details.
(v)
When conditions upstream or downstream from a proposed channel
or storm sewer do not permit maximum design flow, high-water marks,
based on a twenty-five (25) year frequency, shall be indicated based
on existing conditions.
(b) Processing of final plat.
(1) If desired by the developer and approved by the planning and zoning
commission, the final plat may constitute only that portion of the
approved preliminary plat which he proposes to record and develop.
However, such portion shall conform to all the requirements of this
article and the portion or portions of the subdivision for which the
final plat is drawn and submitted for approval shall be in successive
order of development as exhibited on the previously approved preliminary
master plat. The developer has two options for obtaining final plat
approval. Option "A" is to present the final plat along with an acceptable
guarantee of performance (as herein described). Upon acceptance by
the city council the plat shall be recorded with the Martin County
clerk and the developer can begin construction of improvements in
accordance with the requirements of this article. If the developer
chooses Option "B", he must obtain final plat approval from the city
council prior to start of construction. All improvements must then
be constructed in accordance with this article and upon approval and
acceptance of said improvements, the plat shall be recorded with the
Martin County clerk.
(2) As soon as practical after the developer is notified of the approval
of the preliminary plat, his engineer shall submit to the planning
and zoning commission, at an official meeting, the final plat of the
subdivision or portion thereof.
(3) No final plat shall be considered unless a preliminary plat has first
been submitted and approved. However, if a preliminary plat has been
duly approved and the developer wishes to increase the size of lots
by combining two (2) or more lots or by combining one (1) lot with
a portion of the adjacent lot in such manner that no portion of a
lot remains smaller than the original lots, no additional preliminary
plat will be necessary.
(4) A final plat of an approved preliminary plat or a portion thereof
shall be submitted to the planning and zoning commission within six
(6) months of the date of approval of the preliminary plat, otherwise
the approval of the planning and zoning commission shall become null
and void, unless an extension of time is applied for and granted by
the planning and zoning commission.
(5) When the final plat is filed with the planning and zoning commission
for approval, it shall be accompanied by a fee as established by the
city, and a check payable to the county clerk in the amount of the
recordation fee for filing the final plat.
(6) Within thirty (30) days after the final plat is formally filed, the
planning and zoning commission shall recommend approval or disapproval
to the city council. If the recommendation is disapproval of the plat,
the commission shall inform the city council in writing of the reasons
recommending disapproval.
(7) Within thirty (30) days after the commission makes its recommendation,
the city council shall approve or disapprove the proposed plat. If
the city council disapproves the plat, its reasons shall be provided,
in writing, to the developer.
(8) Under Option "A", after the final plat has been approved and the
developer has filed the required security hereinafter provided, the
city council shall cause the final plat to be recorded with the county
clerk of Martin County. The city council shall also cause the check
for the recordation fee deposited at the time the final plat was filed
to be delivered with the final plat to the county clerk. No plat shall
be filed for record without written consent of the developer. If the
developer fails to give such written consent within ten (10) days
of the date of final approval of the plat, the city council may at
any time thereafter cancel such approval.
(9) If the developer chooses to construct the required improvements prior
to recordation of the final plat (Option "B"), all construction shall
be inspected by the city engineer. A certificate by the city engineer
stating that the construction conforms to the specifications and standards
contained in or referred to herein must be presented to the city council
prior to the recordation of the final plat with the county clerk.
(c) Guarantee of performance.
(1) If the developer chooses to file security in lieu of completing construction
prior to recording final plat, he may utilize one of the following
methods of posting security. If the developer chooses to file security,
the plat shall not be approved unless the developer has done one (1)
of the following:
(A) Performance bond.
Has filed with the planning and zoning
commission a bond executed by a surety company holding a license to
do business in the State of Texas, and acceptable to the City of Stanton,
on the form provided by the city, in an amount equal to one hundred
percent (100%) of the cost of the improvements required by this article
and within the time for completion of the improvements as estimated
by the city engineer. The performance bond shall be approved as to
form and legality by the city attorney.
(B) Trust agreement.
Has placed on deposit in a bank or
trust company in the name of the city, and approved by the City of
Stanton, in a trust account a sum of money equal to one hundred percent
(100%) of the cost and time of completion as estimated by the city
engineer. Selection of the trustee shall be subject to approval by
the City of Stanton and the trust agreement shall be executed on the
form provided by the city and approved as to form and legality by
the city attorney. Periodic withdrawals may be made from the trust
account for a progressive payment of installation cost. The amount
of such withdrawals shall be based upon progress work estimates approved
by the city engineer. All such withdrawals shall be approved by the
trustee. A ten percent (10%) retainage shall be withheld from each
withdrawal. This retainage shall be held until final approval and
acceptance of the improvements by the city council.
(C) Unconditional guarantee from a financial institution.
Has filed with the planning and zoning commission a letter on the
form provided by the city, signed by a principal officer of a local
bank or local federally insured savings and loan association or other
financial institution, acceptable to the City of Stanton, agreeing
to pay to the City of Stanton, on demand, a stipulated sum of money
to apply to the estimated costs of installation of all improvements
for which the developer is responsible under this article. The guaranteed
payment sum shall be the estimated costs and scheduling as prepared
by the city engineer. The letter shall state the name of the subdivision
and shall list the improvements for which the developer is required
to provide.
(2) Guarantee of materials and workmanship.
The developer
shall require of his construction contractors, with whom he contracts
for furnishing materials and installing the improvements required
under this article, and shall himself be responsible for guaranteeing
that all materials and workmanship in connection with such improvements,
are free of defects for a period of one (1) year after acceptance
of the improvements by the city engineer.
(3) If one of the above three (3) types of security is filed by the developer
the city engineer shall inspect the construction of the improvements
while in progress, and shall inspect such improvements upon completion
of construction. He shall reject such construction only if it fails
to comply with the standards and specifications contained or referred
to herein. If the rejects such construction, the city attorney shall,
on direction of the city council, proceed to enforce the guarantees
provided in this article.
(4) Where good cause exists, the city engineer may extend the period
of time for completion as discussed in this section. Such extension
of time shall be reported to the planning and zoning commission and
recorded in the minutes. No such extension shall be granted unless
security as provided in above paragraphs has been provided by the
developer covering the extended period of time.
(Ordinance 1041 adopted 11/1/1983; Ordinance adopting 2024 Code)