A.
Coordination
Required.
Approval of applications for subdivision and
development plats shall be coordinated with approval of zoning applications.
In no case shall a subdivision or development plat application be
accepted for filing until any pending zoning application for the same
land has been finally approved.
B.
Development
in Planned Development Zoning Districts.
The following
sequence of approval of zoning and platting applications is required
for development within a Planned Development Zoning District. Whenever
a subdivision or development plat application follows in sequence
a zoning application listed in this section, such application shall
not be accepted for filing until the zoning application has been approved
and the proposed subdivision or development plat is consistent with
such approved zoning application.
C.
Development
in Standard Zoning Districts.
The following sequence
of approval of zoning and platting applications is required for development
within standard zoning districts. Whenever a subdivision or development
plat application follows in sequence a zoning application listed in
this section, such application shall not be accepted for filing until
the zoning application has been approved and the proposed subdivision
or development plat is consistent with such approved zoning application.
D.
Consistency
Required.
No application for a subdivision plat or development
plat shall be approved on land for which there is an approved development
plan, site development plan or site plan unless the proposed plat
conforms to such approved zoning application for the development.
E.
Filing Prohibited.
A subdivision or development plat application shall be accepted
for filing only after approval of the applicable zoning application
identified in the sequences in Sections 3.1.B and 3.1.C. A platting
application may be accepted for review with the zoning application
that immediately precedes the platting application in sequence only
if the applicant submits an unconditional waiver of all time limitations
imposed by these regulations or state law for processing such application.
F.
Conditions.
Conditions attached to approval of a development plan, site
development plan or site plan shall be the basis for imposition of
consistent conditions on preliminary subdivision or development plat
applications.
(Ordinance 030609-3 adopted 6/9/03)
A.
Time for
Action on Plat.
The Commission, or the Council as required
by these regulations, shall take final action on each complete application
for a preliminary or final subdivision or development plat, including
applications for replats, within thirty (30) days after the date the
complete application for plat approval is officially filed.
B.
Official
Filing Date.
The date from which the time period in Section
3.2.A. commences to run shall be the date the plat is deemed filed
in accordance with this section. The acceptance or processing by any
City official of a plat application prior to the official filing dates
established in this section hereby is deemed to be null and void and,
upon discovery, shall be grounds for denial of such plat application.
1.
Official
Filing Date for Commission.
The official filing date for plats to be initially reviewed by the Commission shall be the date on which the Planning and Zoning Administrator or his designee certifies in writing that the plat application is complete in accordance with the regulations governing submission requirements in this Section 3. No application for plat approval shall be deemed filed with the Commission until the Administrator or his designee has certified the application as complete.
2.
Official
Filing Date for Council.
The official filing date for
Council review shall be the date final action is taken on the plat
application by the Commission.
3.
Official
Date for Modified Plat Application.
If the applicant elects to withdraw the plat application in order to make modifications recommended by the Commission or to satisfy conditions attached by the Council, the official filing date shall be the date on which the Planning and Zoning Administrator or his designee certifies in writing that the modified plat application is complete in accordance with the regulations governing submission requirements in this Section 3.
4.
Official
Date for Minor Plat Application.
The official filing date for minor plat applications shall be the date on which the Planning and Zoning Administrator or his designee certifies in writing that the plat application is complete and qualifies as a minor plat application, in accordance with the regulations governing submission requirements in this Section 3.
C.
Compliance
Procedure.
The Administrator shall place the plat application
on a regularly scheduled or specially called meeting of the Commission
or Council, as the case may be, prior to the expiration of thirty
(30) days following the official filing date. The Commission or Council
shall approve, conditionally approve or deny such application within
such period.
(Ordinance 030609-3 adopted 6/9/03)
A.
Master Plat
Applications.
A property owner may elect to divide property
into phases for purposes of development through the use of a master
plat, which shall be processed as an application for preliminary subdivision
plat approval. Master plats may only be submitted for residential
development within a standard zoning district. The master plat application
shall be consistent with the approved site plan if the property is
part of a residential planned development.
B.
Schedule
for Phased Development.
Master plats shall be accompanied
by a schedule summarizing the intended plan of development in phases
and the proposed dedication of land or rights-of-way for and construction
of public improvements, whether on-site or off-site, intended to serve
each proposed phase of the subdivision. All phases of the development
shall be included in the preliminary plat application. Any contiguous
land owned by the applicant that is not intended to be a part of the
proposed staged development shall be identified with the designation
"remainder tract." A remainder tract shall be identified on the plat
application, but shall not be included within the boundaries of the
proposed plat.
C.
Expiration
of Master Plats.
Master plats shall expire as provided
in Section 3.6.8.B.
(Ordinance 030609-3 adopted 6/9/03)
A.
Remainder
tracts shall not be considered lots and shall not be included within
the boundaries of the preliminary plat. Approval of a preliminary
plat shall not constitute approval of development on a remainder tract.
B.
Information
accompanying a preliminary plat application for remainder tracts shall
be deemed to be an aid to the Commission and the Council in taking
action on the preliminary plat application and may be used to determine
whether development of the land subject to the plat will be adequately
served by public facilities and services and is otherwise in compliance
with these regulations, taking into account the development of the
property as a whole. Based upon such information, the Commission or
the Council may require that additional land be included in the preliminary
plat in order to satisfy the standards in the regulations.
(Ordinance 030609-3 adopted 6/9/03)
Prior to the filing of a preliminary plat application, the owner
may request a pre-platting conference with the Planning and Zoning
Administrator or his designee for familiarization with the City's
subdivision and property development regulations and the relationship
of the proposed subdivision or development to the Gunter Comprehensive
Plan, Zoning Regulations and Engineering Design Manual. At such meeting,
the general character of the development may be discussed, and items
may be included concerning zoning, the availability of existing and
demand for new utility service, street requirements, and other pertinent
factors related to the proposed subdivision or development. At the
pre-platting conference, the subdivider may be represented by his/her
land planner, engineer, or surveyor.
(Ordinance 030609-3 adopted 6/9/03)
3.6.1
Purpose
and Applicability.
A.
Purpose.
The purpose of the preliminary subdivision plat is to assure
conformity of the proposed development with requirements and conditions
imposed in approved zoning applications for the land subject to the
proposed plat and to evaluate construction plans for public improvements
or to provide adequate security for construction of the same.
B.
Applicability.
A preliminary subdivision plat shall be required for any subdivision
that is not a minor subdivision.
3.6.2
Application
Requirements.
Printed and electronic copies of the proposed
preliminary subdivision plat shall be submitted to the Planning and
Zoning Administrator, and shall be accompanied by the same number
of copies of additional documents set forth in subsection B, unless
otherwise provided therein. The preliminary subdivision plat shall
be prepared by or under the supervision of a registered professional
land surveyor in the State of Texas and shall bear his/her seal, signature
and date on each sheet. All applications for a preliminary subdivision
plat shall be accompanied by the following in order for said plat
to be reviewed by the Planning & Zoning Administrator:
A.
Preliminary Subdivision Plat Contents.
The proposed
preliminary subdivision plat shall be submitted on sheets a maximum
size of twenty-four (24) inches by thirty-six (36) inches and drawn
to a minimum scale of one hundred (100) feet to the inch, or larger.
Architectural scales are not acceptable. The plat shall contain the
following graphic information:
2.
Name, address and contact information of the property owner, developer,
and engineer (as applicable), and the surveyor who prepared the plat.
3.
North arrow, graphic scale, site location map (scale of 1" = 2000'
or larger). Match lines and key map (if more than one sheet).
4.
The boundary lines with accurate distances and bearings and the exact
location and width of all existing or recorded streets intersecting
the boundary of the tract.
5.
True bearings and distances to the nearest established survey lines
and established subdivisions and additions, which shall be accurately
described on the plat.
6.
Provide two (2) standard City of Gunter monuments. Horizontal and
vertical control information (geo-referenced to N.A.D. 1983 State
Plane coordinates). City & County limit lines, and ETJ boundary,
if applicable.
7.
The exact layout including:
a.
Proposed streets and alleys with names, sidewalks, easements, blocks,
parks, etc., with principal dimensions. All street and ROW geometry
shall conform to the Gunter Design Criteria, Comprehensive Plan, Future
Land Use Map, Thoroughfare Plan, any drainage analysis, any treescape
plan analysis, and any traffic analysis recommendations.
1.
Include typical street section detail for each type of street, showing
dimensions for paving section, parkway, street tree placement, and
sidewalk.
2.
If site contains proposed thoroughfares, add note: "The thoroughfare
alignment(s) shown on this exhibit are for illustration purposes and
does not set the alignment. The alignment is determined at the time
of final plat."
b.
The angle of intersection of the centerlines of all intersecting
streets which are intended to be less than ninety (90) degrees. Show
and label corner clip ROW dedications where applicable.
c.
The length of all arcs, radii, internal angles, points of curvature,
length, and bearings of the tangents.
d.
All lot numbers and lines with accurate dimensions in feet and hundredths
of feet and with bearings and angles to street and alley lines. Old
lot lines and numbers should be greyed back if being abandoned. Lots
adjacent to or containing floodway/drainage easements must include
minimum finished floor elevations (at least two feet (2') above
the 100-yr floodplain).
e.
The accurate outline of all property which is offered for dedication
for public use with the purpose indicated thereon, and of all property
that may be reserved by deed covenant for the common use of the property
owners in the subdivision.
f.
The name and location of a portion of adjoining subdivisions or developments
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, easements and other features
that may influence the layout and development of the proposed subdivision
(within two hundred (200) feet of the proposed subdivision). Where
adjacent land is not subdivided, the owner's name of the adjacent
tract shall be shown.
g.
Front/back/side setback lines, as applicable.
h.
All easements for rights-of-way provided for public services, utilities,
drainage/floodway and any limitations of the easements. Show and label
additional easements (as applicable):
i.
The location of all existing property lines, buildings, sewer or
water mains, fire hydrants, gas mains or other underground structures,
easements of record or other existing features within the area proposed
for subdivision.
j.
Bold the labels and easement lines of any easement or rights-of-way
being dedicated, abandoned, or modified per the plat so that they
stand out from existing easements.
k.
All physical features of the property to be subdivided or developed,
including location and size of all watercourses, ravines, bridges,
culverts, existing structures, drainage area in acres or acreage draining
into subdivisions and additions, and other features pertinent to subdivision.
The outline of wooded areas or the location of important individual
trees may be required.
l.
Required off-site improvements (roads, drainage, fire lanes, median
openings, etc.) - may be submitted as an accompanying document based
on size and extent of the improvement.
m.
Existing (lighter) and proposed (darker) contour lines on a basis
of two foot (2') intervals or less in terrain with a slope of
five percent (5%) or more and on basis of one foot (1') intervals
in terrain with a slope of less than five percent (5%)
8.
The exact location of all contiguous property owned or controlled
by the applicant. A separate drawing may be submitted for this purpose.
9.
A designation of the zoning district(s) for the land included within
the subdivision plat.
10.
Special restrictions/dedication language including, but not limited
to, water line, sanitary sewer line, drainage, VAM, and landscape
easements; fire lanes; screening; buffering; standard notes for floodway/drainage
easements; private streets for private street subdivisions; stormwater
quality.
11.
Provide detention note: "On-site detention limiting post-development
discharge to a pre-development runoff rate is required for all new
construction unless a downstream assessment has been provided demonstrating
that the existing storm system is adequate to handle post-development
discharge rates. If regional detention exists for this project, provide
a note referencing where the regional detention was designed and constructed."
12.
Certification by a surveyor to the effect that the plat represents
a survey made by him and that all the monuments shown thereon actually
exist, and that their location, size, and material description are
correctly shown, and that the survey correctly shows the location
of all visible easements and rights-of-way and all rights-of-way,
easements and other matters of record affecting the property being
platted.
13.
Designation of remainder tracts (shown outside the boundaries of
the area to be platted).
14.
For master plats, designation of the boundaries of each phase. Master
Plat shall be submitted with a Preliminary Plat of the first portion
to be subdivided. The Master Plat shall conform in all respects to
the requirements of the Preliminary Plat, except it may be on a scale
of note more than one (1) inch to four hundred (400) feet.
15.
Legal description (metes and bounds) of the property.
16.
A notation "Preliminary Plat, for Inspection Purposes Only. In No
Way Official or Approved for Record Purposes."
17.
Name the responsible entity for the operation and maintenance of
any building, park, pools, plantings, lawns, detention/retention ponds
or other drainage structures, or legal interests if it is proposed
that they are to be shared by owners of the real property within the
subdivision.
B.
Accompanying Documents.
The following documents are
required to be submitted with a preliminary subdivision plat:
1.
Universal Application Form completed and signed by the Owner.
2.
Application fee, or a receipt shall be submitted with the preliminary
plat showing that the filing fees as prescribed by the City Council
have been paid.
3.
Tax Certificate from Grayson County indicating that City property
taxes are current.
4.
A current title commitment issued by a title insurance company authorized
to do business in Texas, a title opinion letter from an attorney licensed
to practice in Texas, or some other acceptable proof of ownership,
identifying all persons having an ownership interest in the property
subject to the Preliminary Plat.
5.
Boundary survey closure and area calculations shall be included.
6.
Additional documents necessary for dedication or conveyance of any
on-site or off-site easements or rights-of-way as required by the
City to satisfy adequate public facilities standards shall be provided.
The City may, in some instances, require the conveyance of fee simple
title for certain rights-of-way.
7.
For master plats, a schedule summarizing the intended plan of development
in phases and the proposed dedication of land or rights-of-way for
and construction of public improvements, whether on-site or off-site,
intended to serve each proposed phase of the subdivision.
8.
For remainder tracts, the zoning designation for the tract and any
pending applications for rezoning; tentative development plans, site
development plans or site plans shall be provided. Information also
shall be provided illustrating the location of all existing and proposed
water, wastewater, roadway, and drainage easements or facilities located
or proposed within the boundaries of the remainder tract.
9.
Conceptual layout of any required off-site improvements.
10.
Conceptual layout of any required landscaping/screening.
11.
Franchise utility "will serve" letters indicating current adequate
capacity to serve the property.
12.
Water and wastewater service availability letters from Mustang SUD
or other CCN holder.
13.
Preliminary construction plans consistent with approved zoning, and
complying with the standards and criteria outlined in the Code of
Ordinances, Engineering Design Standards, and the Municipal Code.
The City's review of the preliminary plans does not constitute
acceptance of the final construction plans. These shall include, at
a minimum:
a.
Preliminary drainage area maps (pre-/post-development)
b.
Preliminary drainage plans showing preliminary inlet locations and
storm drain alignments, including any lots reserved for detention/retention
and detention/retention sizing calculations
c.
Preliminary stormwater management plan (SWMP) identifying any permanent
water quality features in the development. The SWMP is not a substitute
for the SWPPP included in construction plans.
d.
Preliminary utility plans.[,] including size and location of all
water mains and fire hydrants, and size and location of all wastewater
lines and manholes.
14.
Traffic Threshold Worksheet and supporting reports and/or data for
Traffic Impact Analysis.
15.
Drainage Study and/or supporting data.
16.
Treescape plan.
17.
Copies of any applicable FEMA/NRCS/Floodplain reclamation permits.
18.
For residential preliminary plats/replats proposing common open space
lots and/or common property improvements (including detention/retention
ponds), provide Homeowners Association (HOA) conditions, covenants,
and restrictions (CCR).
C.
Format for Document.
All documents shall be submitted
in both printed and electronic versions unless otherwise specified.
3.6.3
Staff
Review and Distribution.
A.
Determination of Completeness.
The Planning and Zoning
Administrator or his designee shall determine whether the preliminary
subdivision plat application is complete within ten (10) working days
of the date the application is submitted. The Administrator shall
provide the applicant with written notification of his determination.
If the application is incomplete, the Administrator shall return the
application to the applicant with an explanation of additional items
or documents that must be provided before the application is considered
complete. If the application is complete, the Administrator shall
file the application with the Planning & Zoning Commission for
decision and place the application on the agenda of a regularly scheduled
or specially called meeting of the Planning & Zoning Commission.
B.
Report.
A written report containing recommendations
on the proposed preliminary subdivision plat shall be prepared by
the City Engineer, incorporating the comments of the Planning and
Zoning Administrator and other officials and agencies to whom a request
for review has been made. The report of the City Engineer shall be
submitted to the Planning and Zoning Commission prior to the Commission's
review of the plat application. Any fee for reviewing the proposed
plat application by the City Engineer shall be charged to the applicant.
3.6.4
Standards
for Approval.
Neither the Planning & Zoning Commission nor the City Council
shall recommend approval of, approve or conditionally approve a preliminary
subdivision plat unless the following standards have been met:
1.
The plat conforms to approved zoning applications for the land subject
to the preliminary subdivision plat and any conditions attached thereto.
2.
The plat conforms to the goals and policies of the Gunter Comprehensive
Master Plan, Future Land Use Plan, and the Thoroughfare Plan(s) incorporated
therein.
3.
Easements or rights-of-way for all public water, sanitary sewer,
roadway, and drainage facilities have been designated and dedicated.
4.
Fire lanes, access easements or street rights-of-way have been provided
for access to all fire hydrants and fire department connections.
5.
Easements have been designated for all landscaped buffers, public
trails and open space.
6.
The plat meets all other requirements of these subdivision and property
development regulations.
7.
Provision for public facilities adequate to serve the development
of the property in accordance with Section 1.2(G) of these regulations
has been made.
8.
Preliminary Drainage Utility, & Plans, as well as any additional
supporting documents/data as required by the City Engineer, are approved
and consistent with approved zoning applications and the preliminary
subdivision plat.
9.
For master plats, each phase of the development is to be supported
by timely provision of adequate public facilities.
10.
Payment of applicable fees and escrows has been made.
3.6.5
Approval
Procedures.
A.
Action
by Commission.
The Commission shall consider and take
action on the preliminary subdivision plat application at a regularly
scheduled or specially called meeting. Following review of application,
the Commission shall recommend approval of the application as submitted,
approval of the application subject to conditions, or denial of the
application. The action of the Planning and Zoning Commission shall
be noted on two (2) copies of the preliminary subdivision plat, referenced
and attached to any conditions determined. One (1) copy shall be returned
to the applicant and the other retained in the files of the City staff.
A notation of the action taken on each preliminary subdivision plat
application and requisite reasons therefor shall be entered in the
minutes of the Planning and Zoning Commission.
B.
Processing
of Plat Following Commission Recommendation.
Following
action by the Commission recommending approval, approval subject to
conditions or denial of the preliminary subdivision plat application,
the Planning and Zoning Administrator shall place the application
on the agenda of a regularly scheduled or specially called meeting
of the City Council for review. The preliminary subdivision plat application,
together with the recommendations established by the Planning and
Zoning Commission, shall be forwarded to the City Council for its
consideration. Six (6) additional copies of the application shall
be submitted to the City Council through the Planning and Zoning Administrator
not less than fifteen (15) days prior to the City Council meeting
at which the plat is to be considered. The applicant's failure to
have a representative at the meeting shall be grounds for disapproval
of the application.
C.
Withdrawal
of Plat.
Following a recommendation of conditional approval
or denial of the preliminary subdivision plat application by the Commission,
the applicant may elect within five (5) working days of the Commission's
action to withdraw the plat application in order to prepare amendments
or modifications responsive to the Commission's recommendation. Written
notice of withdrawal shall be sent to the Planning and Zoning Administrator
within such period. In such event, the Planning and Zoning Administrator
shall not schedule the plat application for consideration by the City
Council. Upon resubmission of the modified preliminary subdivision
plat application, the plat shall be considered by the Commission as
a new application.
D.
Council
Action.
After review of the preliminary subdivision plat
application, all staff reports, the Commission's recommendations and
the record of proceedings before the Commission, and following consideration
of all materials presented at the public meeting, the City Council
shall approve, approve subject to conditions, or deny the preliminary
subdivision plat application. The action of the Council all be noted
on two (2) copies of the preliminary subdivision plat. One (1) copy
shall be returned to the applicant and the other retained in the City
files.
E.
Conditions.
In order to assure that the preliminary subdivision plat application
is in compliance with standards for approval, the Commission in its
recommendation to the Council or the Council in taking action on the
application may identify requirements or attach conditions to be satisfied
prior to final subdivision plat approval.
3.6.6
Effect
of Council Action.
A.
Approval
or conditional approval of a preliminary subdivision plat application
by the Council constitutes authorization for the City Engineer to
release construction plans following review and final approval. Upon
release of the construction plans, the City Engineer shall issue a
certificate indicating the construction plans have been released and
construction of the public improvements are thereafter authorized
and that grading by the property owner may commence. Additional certificates
may be issued by the City Engineer authorizing the construction of
private utilities on a phased schedule.
B.
Approval
of a preliminary subdivision plat application also authorizes the
property owner, upon fulfillment of all requirements and conditions
of approval, to submit an application for final plat approval. Conditional
approval of the preliminary plat by the City Council, however, shall
not constitute approval of the final plat.
C.
If the City
Council denies the preliminary subdivision plat application, the applicant
may not file a substantially similar application for a period of six
(6) months following such denial.
3.6.7
Amendments
to Preliminary Plat.
A.
Proposed
Amendments.
At any time following approval of a preliminary
subdivision plat application by the City Council, and before the expiration
of such approval, a property owner may request an amendment.
1.
A minor
amendment shall include minor changes of street and alley alignments,
lengths, and paving details, the adjustment of lot lines not resulting
in new lots, and variation from other details of the original preliminary
plat as may be designated by the Planning and Zoning Commission, provided
that such changes comply with these regulations. Major amendments
include all other proposed changes.
2.
The Commission
may approve or deny a minor amendment subject to the standards in
these regulations. Major amendments shall be approved under the same
procedures and standards required for approval of the original preliminary
subdivision plat application.
B.
Approval.
The Commission shall recommend and the Council shall approve,
conditionally approve or deny any proposed major amendment and may
make any modifications to the terms and conditions of preliminary
subdivision plat approval reasonably related to the proposed amendment.
C.
Retaining
Previous Approval.
Unless the previous preliminary subdivision
plat has been withdrawn, if the applicant is unwilling to accept the
proposed amendment under the terms and conditions required by the
City, the applicant may withdraw the proposed amendment and the previously
approved preliminary subdivision plat shall remain in effect, subject
to all conditions of approval and subject to expiration dating from
the original approval.
3.6.8
Expiration
of Approval, Extension and Reinstatement Procedure.
A.
Expiration
of Preliminary Subdivision Plat.
Unless a shorter time
is required by the City's zoning regulations of [or] by conditions
attached to the original approval of the application, the approval
of a preliminary subdivision plat application shall remain in effect
for a period of two (2) years from the date that the application was
approved or conditionally approved by the City Council, during which
period the applicant shall submit and receive approval for a final
subdivision plat for the land subject to the preliminary subdivision
plat. If a final subdivision plat application has not been approved
within two-year period, the preliminary subdivision plat approval
shall expire and such plat shall be null and void. Thereafter, the
property owner shall be required to obtain approval for a new preliminary
subdivision plat subject to the then-existing Gunter zoning, subdivision
and property development regulations prior to development of the land.
B.
Master
Plats.
An application for final subdivision plat shall
be submitted and approved for the initial phase of an approved master
plat within two years from the date the master plat was approved or
conditionally approved by the City Council. Thereafter, for each subsequent
phase of the development, an application for final subdivision plat
shall be submitted and approved within two years from the date the
preceding phase of the master plat was approved or conditionally approved
by the City Council. If a final subdivision plat application has not
been approved within such two-year period for any phase of the master
plat, preliminary subdivision plat approval for such phase and all
succeeding phases shall expire and such preliminary subdivision plats
shall be null and void. Thereafter, the property owner shall be required
to obtain approval for a new preliminary subdivision plat for all
such expired phases of the original master plat, subject to the then-existing
Gunter zoning, subdivision and property development regulations prior
to development of the land.
C.
Extension
of Approval.
At least sixty (60) days prior to the expiration
of approval for the preliminary subdivision plat, the property owner
may petition the City Council to extend or reinstate the approval.
Such petition shall be considered and decided at a public meeting
of the Council prior to expiration of the preliminary subdivision
plat.
1.
In determining
whether to grant such request, the Council [shall] take into account
the reasons for delay in development of the land, the ability of the
property owner to comply with any conditions attached to the original
approval and the extent to which newly adopted subdivision and property
development regulations shall apply to the plat. The Council shall
extend the plat or deny the request, in which instance the plat shall
expire in accordance with this section.
2.
The Council
may extend the time for expiration of the plat for a period not to
exceed one (1) year.
(Ordinance 030609-3 adopted 6/9/03; Ordinance
2023-11-16-02 adopted 11/16/2023)
3.7.1
Purpose
and Applicability.
A.
Purpose.
The purpose of a final subdivision plat is to enable recordation
of the subdivision of property that includes the elements and is in
compliance with the requirements of Tex. Loc. Gov't Code ch. 212 and
that meets the requirements of these subdivision and property development
regulations.
B.
Applicability.
A final subdivision plat shall be required for all subdivisions
of property.
3.7.2
Timing
of Public Improvements.
A.
Unless the City Council authorizes deferral of such obligations pursuant to subsection B, all public improvements serving a subdivision shall be installed, offered for dedication and accepted by the City prior to issuance of a building permit. Final Plats, Amending Plats, Minor Plats, and Replats will not be filed with the County until all required public improvements have been installed and accepted by the City, unless specifically allowed in a Development Agreement. All landscaping, buffering, screening, drainage, roads, and erosion control measures shall be completed and be in good condition as determined by the City.
B.
The City Council upon petition by the applicant, or upon its own motion, may permit or require the deferral of the construction of public improvements if, in its sole judgment, deferring the construction would not result in any harm to the public, or offer significant advantage in coordinating the site's development with adjacent properties and off-site public improvements. If the Council authorizes deferral of construction of some or all public improvements required to support the subdivision, provision for constructing and assuring construction of such improvements shall be made in accordance with Section 4 [ prior to approval] of the final subdivision plat by the Council.
3.7.3
Application
Requirements.
Refer to Preliminary Plat application
requirements. No application for a final subdivision plat shall be
certified as complete by the Planning and Zoning Administrator unless
the application is accompanied by the following:
A.
Final Subdivision Plat Contents.
When more than one
sheet is used for a plat, a key map showing the entire subdivision
at smaller scale with block numbers and street names shall be shown
on one of the sheets or on a separate sheet of the same size. The
final subdivision plat shall contain the following graphic information:
2.
The name of the owner and/or subdivider and of the surveyor responsible
for the plat and the following language:
Notice: Selling a portion of the property without platting is
a violation of the City Ordinance and state law and subject to fines
and withholding of utilities and building permits.
3.
The name of the subdivision or development and adjacent subdivisions
or developments, the names of streets (to conform wherever possible
to existing street names) and number of lots and blocks, in accordance
with a systematic arrangement. In case of branching streets, the lines
of departure shall be indicated.
4.
An accurate boundary survey of the property, with bearings and distances,
referenced to survey lines and established subdivisions or developments,
and showing the lines of adjacent lands and the lines of adjacent
streets and alleys, with their width and names. Street, alley and
lot lines in adjacent subdivisions or developments shall be shown
in dashed lines. The bearing system used for the plat shall be shown.
5.
Location of proposed lots, streets, public highways, alleys, parks
and other features, with accurate dimensions in feet and decimal fractions
of feet, with the length of radii and of arcs of all curves, all angles,
and with all other engineering information necessary to reproduce
the plat on the ground. Dimensions shall be shown from all angle points.
The plat shall be marked with a notation indicating formal offers
of dedication in fee.
6.
The location of building lines on front and side streets and the
location of utility easements.
7.
The accurate location, material, and size of all monuments approved
by the City Engineer. For all subdivisions or development, global
positioning systems (GPS) shall be used to establish the location
of a minimum of two corners of the subdivision. The establishing of
the location of one additional monument by GPS may be required for
each additional twenty acres or fraction thereof for developments
that are larger than twenty acres. These monuments shall be tied vertically
and horizontally to the City's existing GPS coordinate system.
All GPS coordinates shall be determined such that the maximum error
does not exceed 0.05 feet. Elevations and the location of all other
subdivision corner monuments shall be established to at least third
order accuracy.
8.
The following certificates shall be placed on the plat in a manner
that will allow them to be clearly visible on the Final Plat:
|
RECOMMENDED FOR APPROVAL BY THE PLANNING AND ZONING COMMISSION
OF GUNTER, TEXAS, on the __________ day of _____, 20_____.
| |
|
ATTEST:
| |
|
Chairman
|
City Secretary
|
|
APPROVED BY THE CITY COUNCIL OF GUNTER, TEXAS, on the _____
day of _____, 20_____.
| |
|
ATTEST:
| |
|
Mayor
|
City Secretary
|
B.
Accompanying Documents.
1.
An instrument of dedication in fee shall be provided that is signed
and acknowledged by the owner or owners and by all other parties who
have a mortgage or lien interest in the property, showing all restrictions,
reservations and/or easements, if any, to be imposed and reserved
in connection with the addition. Easements shall be provided for all
landscaped areas, open space areas, public trails, utilities and drainageways,
whether within the platted area or off-site, that will allow but not
require the City to maintain these areas.
2.
A certificate of dedication in fee shall be provided incorporating
irrevocable offers of dedication to the public of all streets, public
highways, alleys, parks, easements, and other land intended for public
use, signed by the owner or owners and by all other parties who have
a mortgage or lien interest in the property. The certificate of dedication
shall incorporate the standard easement language of the City of Gunter
as jointly prepared by the City Attorney and the City Engineer. All
deed restrictions that are to be filed with the plat shall be submitted
with the final plat.
3.
A tax certificate showing that all taxes then due have been paid
on the property shall be provided.
4.
Certification shall be provided by a surveyor, duly licensed by the
State of Texas, that the plat represents a survey he made, and that
all the necessary survey monuments are correctly shown thereon, in
accordance with section 5.1(E).
5.
Three (3) sets of final construction plans shall be provided. Unless a public improvement agreement has been executed in accordance with section 4.1, the final subdivision plat also shall be accompanied by one Mylar reproducible and electronic set of "record drawings" prepared in accordance with Section 4.3 and meeting the City of Gunter Engineering Design Manual of the construction plans for all water, sanitary sewer, drainage and paving facilities and any other public improvements required to serve the subdivision.
6.
A certified grading plan prepared by a registered professional land
surveyor showing finished grade elevations and demonstrating that
the completed grading is consistent with the approved grading plan
shall be provided.
7.
Certification or [of] approval of the plat by all electric, gas and
telephone companies that will serve the development shall be provided
and that all easements that are required by these utility companies
have been described on the plat.
8.
If a public improvement agreement is proposed in lieu of construction of public facilities, a complete draft of the public improvement agreement prepared in accordance with Section 4.1 of these regulations, together with a security authorized in Section 4.1 in a form satisfactory to the City Attorney and in an amount established by the City Council upon recommendation of the City Engineer, shall be provided. The agreement shall include a provision that the property owner shall comply with all terms of the final subdivision plat approved by the Council.
9.
A plat fee, together with other authorized fees applicable to the
development, in an amount as set by the City Council.
10.
Any other documents or requests required by City staff.
3.7.4
Staff
Review and Distribution.
A.
Determination
of Completeness.
The Planning and Zoning Administrator
or his designee shall determine whether the final subdivision plat
application is complete within ten (10) working days of the date the
application is submitted. The Administrator shall provide the applicant
with written notification of his determination. If the application
is incomplete, the Administrator shall return the application to the
applicant with an explanation of additional items or documents that
must be provided before the application can be considered complete.
If the application is complete, the Administrator shall file the application
with the Commission for decision and place the application on the
agenda of a regularly scheduled or specially called meeting of the
Commission.
B.
Distribution
for Review.
Final subdivision plats and other required
documents shall be distributed by the Planning and Zoning Administrator
to the following:
1.
Planning
and Zoning Commission (7 printed copies). Electronic copies are not
required.
2.
City Council
(6 printed copies). Electronic copies are not required.
3.
Planning
and Zoning Administrator (6 printed copies, 1 electronic copy and
one 11" x 17" reduced scale print)
4.
City Engineer
(2 printed copies, 1 electronic copy and one 11" x 17" reduced scale
print)
5.
Gunter
Independent School District (1 printed copy)
6.
City Planner/consultant
(1 printed copy and 1 electronic copy)
C.
Report.
A written report containing recommendations on the proposed
final subdivision plat shall be prepared by the City Engineer, and
City Planner, incorporating the comments of the Planning and Zoning
Administrator and other officials. The reports of the City Engineer
shall be submitted to the Planning and Zoning Commission prior to
the Commission's review of the plat application. Any fee for reviewing
the proposed plat application by the City Engineer shall be charged
to the applicant.
3.7.5
Standards
for Approval.
Neither the Commission nor the Council
shall recommend approval of or approve a final subdivision plat unless
the following standards have been met:
A.
The plat
substantially conforms to the preliminary subdivision plat, if a preliminary
subdivision plat was required, including master plat requirements
for phasing and provision of adequate public facilities.
B.
The plat
satisfies conditions attached to approval of the preliminary subdivision
plat.
C.
Required
public improvements have been constructed and accepted or a public
improvement agreement has been accepted by the City providing for
the subsequent completion of improvements.
D.
The plat
conforms to approved zoning applications for the land subject to the
final subdivision plat and any conditions attached thereto.
E.
The plat
meets all other requirements of these subdivision and property development
regulations.
F.
Payment
of all fees has been made.
3.7.6
Approval
Procedures.
A.
Action
by Commission.
The Commission shall consider and take
action on the final subdivision plat application at a regularly scheduled
or specially called meeting. Following review of the application,
the Commission shall recommend approval or denial of the application.
In denying the application, the Commission may identify conditions
that, if satisfied, would lead to approval of the application. The
action of the Planning and Zoning Commission shall be noted on two
(2) copies of the final subdivision plat, referenced and attached
to any conditions determined. One (1) copy shall be returned to the
applicant and the other retained in the files of the City staff. A
notation of the action taken on each final subdivision plat application
and requisite reasons therefor shall be entered in the minutes of
the Planning and Zoning Commission.
B.
Processing
of Plat Following Commission Action.
Following action
by the Commission recommending approval or denial of the final subdivision
plat application, the Planning and Zoning Administrator shall place
the application on the agenda of a regularly scheduled or specially
called meeting of the City Council for review. The final subdivision
plat application, together with the recommendations established by
the Planning and Zoning Commission, shall be forwarded to the City
Council for its consideration. Seven (7) additional copies of the
final subdivision application shall be submitted to the City Council
through the Planning and Zoning Administrator not less than fifteen
(15) days prior to the City Council meeting at which the plat is to
be considered. The applicant's failure to have a representative at
the meeting shall be grounds for disapproval of the application.
C.
Withdrawal
of Plat.
Following a recommendation of denial of the
final subdivision plat application by the Commission, the applicant
may elect within five (5) working days of the Commission's action
to withdraw the plat application in order to prepare amendments or
modifications responsive to the Commission's recommendation. Written
notice of withdrawal shall be sent to the Planning and Zoning Administrator
within such period. In such event, the Planning and Zoning Administrator
all not schedule the plat application for consideration by the City
Council. Upon resubmission of the modified final subdivision plat
application, the plat all be considered by the Commission as a new
application.
D.
Council
Action.
After review of the final subdivision plat application,
all staff reports, the Commission's recommendations and the record
of proceedings before the Commission, and following consideration
of all materials presented at the public meeting, the City Council
shall approve, deny or deny subject to reconsideration the final subdivision
plat application. In denying the application subject to reconsideration,
the Council shall identify conditions that, if satisfied, would lead
to approval of the application. The action of the Council shall be
noted on two (2) copies of the final plat. One (1) copy shall be returned
to the applicant and the other retained in the City files. Notation
of the action taken on the final subdivision plat application and
the requisite reasons therefor shall be entered in the minutes of
the Council.
3.7.7
Effect
of Council Action.
A.
Effect
of Approval.
Approval of a final subdivision plat application
by the City Council shall serve as certification that the plat complies
with these subdivision and property development regulations. Approval
of the application also shall authorize the mayor to execute any public
improvement agreement submitted with the application. The owner shall
be notified in writing that the final subdivision plat has been approved.
B.
Right to
Record.
An approved and signed final plat may be filed
with the County as a record of the subdivision of land, and the dedication
of rights-of-way, easements and other covenants and may be used to
reference lots and interests in property thereon defined for the purpose
of conveyance and development as allowed by these regulations.
C.
Denial
With Reconsideration.
Denial of a final subdivision plat
application by the City Council subject to reconsideration shall authorize
the applicant to file a modified application with the City Council
without prior review by the Commission. In such event, the official
filing date shall be the date the date [sic] on which the Planning
and Zoning Administrator certifies that the modified final subdivision
plat application is complete.
D.
Denial
Without Reconsideration.
Denial of a final subdivision plat application by the City Council without recourse to reconsideration shall require the applicant to prepare a new application in accordance with the requirements and subject to the procedures of this Section 3.7, provided that such application is finally approved prior to expiration of the approved preliminary subdivision plat.
3.7.8
Signing
and Recording of Final Plat.
A.
When a public
improvement agreement and security are required, the Mayor and the
City Engineer shall endorse approval on the final plat after the agreement
and security have been approved by the Council, and all the conditions
pertaining to the final plat have been satisfied.
B.
When installation
of public improvements is required prior to approval of the final
plat, the Mayor and Engineer shall endorse approval on the final plat
after all conditions of approval have been satisfied and all public
improvements satisfactorily completed. There shall be written evidence
that the required public facilities have been installed in a manner
satisfactory to the City as shown by a certificate signed by the City
Engineer stating that the necessary dedication of public lands and
installation of public improvements has been accomplished.
C.
It shall
be the responsibility of the Planning and Zoning Administrator to
file the final plat with the County Clerk. Simultaneously with the
filing of the final plat, the Planning and Zoning Administrator shall
record such other agreements of dedication and legal documents as
shall be required to be recorded by the City Attorney. The final plat,
bearing all required signatures, shall be recorded after final approval
and within ten (10) working days of its receipt. One (1) copy of the
recorded final plat will be forwarded to the property owner by the
Planning and Zoning Administrator.
D.
A developer
or subdivider, at his/her option, may obtain approval of a portion
or a section of a subdivision provided he/she meets all the requirements
of this article with reference to such portion or section in the same
manner as is required for a complete subdivision. In the event a subdivision
and the Final Plat thereof is approved by the City Council in sections,
each Final Plat of each section is to carry the name of the entire
subdivision, but is to bear a distinguishing letter, number or subtitle.
Block numbers shall run consecutively throughout the entire subdivision,
even though such subdivision may be finally approved in sections.
(Ordinance 030609-3 adopted 6/9/03; Ordinance
2023-11-16-02 adopted 11/16/2023)
A.
Petition
for Exception.
The applicant for a subdivision application
or the owner of the property subject thereto may petition the City
Council for exception of any standard of this Subdivision Ordinance
or the imposition of a condition related thereto, where the petitioner
alleges that unreasonable hardships will result from strict compliance
with such standard or condition.
B.
Procedures.
A petition for an exception shall be submitted in writing to
the Planning and Zoning Administrator (or his designee) by the petitioner
at the time the subdivision application is filed for the consideration
by the Planning and Zoning Commission. The petition shall state fully
the grounds for the application, and all of the facts relied upon
by the petitioner. The City staff shall prepare a report evaluating
the request for exception and make its recommendation to the Commission.
The Commission shall make its recommendation and the City Council
shall finally act on the petition for an exception in conjunction
with the action taken by each on the subdivision application.
C.
Criteria
for Approval.
The City Council, following recommendation
by the Planning and Zoning Commission, may grant or conditionally
grant the exception only upon finding that:
1.
Granting
the exception will not be detrimental to the public safety, health
or welfare, and will not be injurious to other property;
2.
The conditions
upon which request for a exception is based are unique to the property
for which the exception is sought, and are not applicable generally
to other property;
3.
Because
of the particular physical soundings, shape or topographical conditions
of the specific property involved, a particular hardship to the owner
would result, as distinguished from a mere inconvenience, if the standard
is strictly applied;
4.
The exception
will not result in variation of the provisions of the Zoning Ordinance
or Comprehensive Plan, Future Land Use Plan, Thoroughfare Plan, Water
and Wastewater Master Plans, or other adopted plans; and
5.
The exception
is not contrary to the intent and purpose of these subdivision regulations.
(Ordinance 030609-3 adopted 6/9/03)
A.
Petition
for Relief.
The applicant for a subdivision application
or the owner of the property subject thereto may petition the City
Council for relief from the application of any provision of this Subdivision
Ordinance that requires dedication of an interest in land for rights-of-way
or construction of capital improvements in order to provide adequate
water, wastewater, roadway or drainage facilities to serve the proposed
subdivision, or the imposition of a condition related thereto. The
petition must allege that application of the provision or the imposition
of conditions relating to the provision and requiring such dedication
of land or construction of capital improvements is not roughly proportional
to the nature and extent of the impacts created by the proposed development
on the City's water, wastewater, roadway or drainage facilities system,
as the case may be, or does not reasonably benefit the proposed development.
The petition may also allege that the application of the provision
or the imposition of conditions relating to the provision deprives
the applicant or the property owner of the economically viable use
of the land, or of a vested property right.
1.
Prior to
decision by the Commission on a subdivision application subject to
this section, an applicant who proposes to challenge the application
of a provision that requires dedication of an interest in land for
rights-of-way or construction of capital improvements to serve the
proposed subdivision, or the imposition of conditions related thereto,
shall file a notice of intent to appeal such determination to the
City Council. Approval of such subdivision application by the Commission
shall include a condition that approval is subject to the Council's
decision on the petition for relief.
2.
If a petition for an exception from the requirements of this Subdivision Ordinance pursuant to Section 3.10 has been filed by the petitioner, the petition for relief may be submitted in conjunction with the Council's review of such request.
3.
If the
subdivision application otherwise may be finally decided by an administrative
officer or the Commission, the petition for relief shall be submitted
by the petitioner within ten (10) days of receiving the staff report
applying the requirement or imposing the condition.
B.
Study required.
The applicant or property owner shall provide a study in support
of the petition for relief that includes the following information:
1.
Total capacity
of the City's water, wastewater, roadway or drainage facilities system
to be utilized by the proposed development, employing standard measures
of capacity and equivalency tables relating the type of development
proposed to the quantity of system capacity to be consumed by the
development. If the subdivision application is part of a phased development
project, such information also shall be provided for the entire development
proposed, including any phases already developed.
2.
Total capacity
to be supplied to the City's water, wastewater, roadway or drainage
facilities system by the proposed dedication of an interest in land
for rights-of-way or construction of capital improvements. If the
subdivision application is part of a phased development project, the
information shall include any capacity supplied by prior dedications
or construction of capital improvements.
3.
The study
supplied by the petitioner shall be evaluated by City staff, who shall
make its recommendation to the City Council based upon the information
contained in the study and any additional information related to the
petition produced by the staff. In evaluating the petition, the staff
shall take into account the maximum amount of any impact fees to be
assessed against the development, as well as any traffic impact, drainage
or other adequate facilities studies evaluating the impacts of the
development or similar developments on the City's water, wastewater,
roadway or drainage facilities systems.
C.
Action on
Petition.
The City Council shall consider the petition
and determine whether the application of the provision requiring dedication
of an interest in land for rights-of-way or construction of capital
improvements in order to provide adequate water, wastewater, roadway
or drainage facilities to serve the proposed subdivision, or the imposition
of a condition related thereto, is roughly proportional to the nature
and extent of the impacts created by the proposed development on such
public facilities systems, and reasonably benefits the development.
In making such determination, the City Council shall consider the
evidence submitted by the applicant or property owner and the staff's
recommendation. If the petition also alleges that the proposed dedication
or construction requirements constitute a deprivation of the economically
viable use of the land or of a vested property right, the Council
also shall resolve such issues. Following such determinations, the
Council may take any of the following actions:
1.
Deny the
petition for relief, and impose the requirement or condition; or
2.
Deny the
petition for relief, upon finding that the proposed dedication or
construction requirements are inadequate to offset the impacts of
the development on community water, wastewater, roadway or drainage
facilities, and either deny the subdivision application or require
that additional dedications of rights-of-way for or improvements to
such facilities systems be made as a condition of approval of the
application; or
3.
Grant the
petition for relief, and waive in whole or in part any dedication
or construction requirement that is not roughly proportional; or
4.
Grant the
petition for relief, and direct that the City participate in the costs
of acquiring right-of-way for or constructing such facility pursuant
to standard participation policies.
(Ordinance 030609-3 adopted 6/9/03)
3.10.1
Replats
Without Vacation.
Replat of a subdivision, or a portion
thereof, may be recorded and shall be deemed controlling over the
preceding plat of the subdivision without vacation of that plat when:
A.
The replat
has been signed and acknowledged by only the owners of the property
being replatted; and
B.
The replat
does not attempt to amend or remove any covenants, easements or restrictions
contained in the preceding plat; and
C.
The replat,
following public hearing, is approved in accordance with the procedures
and standards applicable to the preceding plat under this Chapter.
3.10.3
Special
Replat Requirements.
A.
Circumstances.
The following additional requirements for approval shall apply,
in any replatting of a subdivision or development, without vacating
the preceding plat, if any of the proposed area to be 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 (2) residential units per lot, or if any lot in the immediate
previous subdivision was limited by deed restrictions to residential
use for not more than two (2) residential units per lot:
B.
Notice.
Notice of public hearings shall be given in advance, in the
following manner:
1.
Publication
before the 15th day before the date of the public hearing in the official
newspaper of the City of Gunter.
2.
Written
notice of such public hearing, together with a copy of protest provisions,
forwarded by the Council to owners of lots (as the ownerships appear
on the last approved ad valorem tax roll of the City) that are in
the original subdivision and that are within 200 feet of the lots
to be replatted before the 15th day before the date of public hearing.
Such notice may be served by depositing the same, properly addressed
and postage prepaid, in a postal depository within the City or at
the post office in Forney.
C.
Protest.
Where the proposed replat requires an exception, upon written
petition signed by the owners of at least 20% 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,
and which petition is filed prior to the close of the public hearing,
approval of the replat shall require the affirmative vote of at least
three-fourths (3/4) of the members of the Council present at the hearing.
In computing percentages of ownership, each lot in such subdivision
shall be considered equal to all other lots, regardless of size or
number of owners, and the owners of each lot shall be entitled to
cast only one (1) vote per lot. In computing the percentage of land
area under this section, the area of streets and alleys shall be included.
D.
Provided, however, compliance with subsection C shall not be required for approval of a replatting or resubdividing of a portion of a prior plat, if all of the proposed area sought to be replatted or resubdivided was designated or reserved for usage other than for single or duplex family residential usage, by notation on the last legally recorded plat or in the legally recorded restriction applicable to such plat.
3.10.4
Amending
Plats.
A.
The Council
may, upon petition of the property owner or developer, approve and
issue an amending plat which is signed by the applicants only unless
otherwise required to the contrary, and which is for one or more of
the purposes set forth in this section, and such approval and issuance
shall not require notice, hearing, or approval of other lot owners.
This subsection shall apply only if the sole purpose of the amending
plat is:
1.
To correct
an error in any course or distance shown on the preceding plat;
2.
To add
any course or distance that was omitted on the preceding plat;
3.
To correct
an error in the description of the real property shown on the preceding
plat;
4.
To indicate
monuments set after death, disability, or retirement from practice
of the surveyor charged with responsibilities for setting monuments;
5.
To show
the proper location or character of any monument which has been changed
in location or character or which originally was shown at the wrong
location or incorrectly as to its character on the preceding plat;
6.
To correct
any other type of scrivener or clerical error or omission as previously
approved by the City Planning and Zoning Commission or Council; such
errors and omissions may include, but are not limited to, lot numbers,
acreage, street names, and identification of adjacent recorded plats;
7.
To correct
an error in courses and distances of lot lines between two adjacent
lots where both lot owners join in the application for plat amendment
and neither lot is abolished, provided that such amendment does not
attempt to remove recorded covenants or restrictions and does not
have a material adverse effect on the property rights of the other
owners in the plat;
8.
To relocate
a lot line in order to cure an inadvertent encroachment of a building
or improvement on a lot line or on an easement;
10.
To
replat one or more lots fronting on an existing street where the owner
or owners of all such lots join in the application for the amending
plat, provided that such amendment does not:
B.
Procedures.
Amending plats may be approved by the Council by a majority
vote at a regularly or specially scheduled public meeting without
notice, public hearing or approval of other lot owners.
3.10.5
Plat
Vacation.
A.
By Property
Owner.
The property owner of the tract covered by a plat
may vacate, upon the approval of the Council, the plat at any time
before any lot in the plat is sold. 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 lots in 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 Council shall approve the petition for vacation on such
terms and conditions as are reasonable to protect public health, safety
and welfare. As a condition of vacation of the plat, the Council may
direct the petitioners to prepare a revised final plat in accordance
with these regulations.
D.
Effect
of Action.
On the execution and recording of the vacating
instrument, the vacated plat shall have no effect. Regardless of the
Council's action on the petition, the property owner or developer
will have no right to a refund of any monies, fees or charges paid
to the City nor to the return of any property or consideration dedicated
or delivered to the City except as may have previously been agreed
to by the Council.
E.
Government
Initiated Plat Vacation.
1.
General
Conditions.
The Council, on its motion, may vacate the
plat of an approved subdivision or development when:
a.
No
lots within the approved final plat have been sold within five (5)
years from the date that the plat was signed by the Chairman of the
Mayor
b.
The
property owner has breached a public improvement agreement and the
City is unable to obtain funds with which to complete construction
of public improvements, except that the vacation shall apply only
to lots owned by the property owner or its successor;
c.
The
plat has been of record for more than five (5) years and the Council
determines that the further sale of lots within the subdivision or
development presents a threat to public health, safety and welfare,
except that the vacation shall apply only to lots owned by the property
owner or its successors.
2.
Procedure.
Upon any motion of the Council to vacate the plat of any previously
approved subdivision or development, in whole or in part, the Council
shall publish notice in the City's official newspaper and provide
personal notice to all property owners within the subdivision or development
and shall also provide notice to the Council. The notice shall state
the time and place for a public hearing on the motion to vacate the
subdivision or development plat. The Council shall approve the vacation
only if the criteria in Section 3.12.5(C) [3.10.5(C)] are satisfied.
3.
Record
of Notice.
If the Council adopts a resolution vacating
a plat in whole, it shall record a copy of the resolution in the County
Clerk's Office. If the Council adopts a resolution 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.
(Ordinance 030609-3 adopted 6/9/03)
A.
A construction
fee equal to three percent (3.0%) of the cost of the construction
(as determined by the City's consulting engineer), including water,
sewer, paving, and drainage facilities, shall be paid to the City
prior to the construction of any facilities. Subdivider shall submit
to the City's consulting engineer an estimate of construction costs.
The City's consulting engineer shall either approve or disapprove
the estimate and send a copy of said approval or disapproval to subdivider
and City. If the estimate is disapproved, the City's consulting engineer
shall consult with subdivider and attempt to negotiate an acceptable
estimate. If such negotiations are unsuccessful, the subdivider may
appeal to the City Council to resolve the dispute. Construction shall
not begin until the City's consulting engineer has approved the estimate
or in the alternative the City Council has approved the estimate.
B.
The City
shall hold twenty-five percent (25%) of the subdividers inspection
fee in an escrow account.
C.
The subdivider
shall submit to City documentation showing actual cost of construction
when construction is completed. If actual cost is less than the original
estimate, the City shall refund the appropriate amount. If the actual
construction cost is greater than the original estimate, subdivider
shall pay to the City the appropriate amount, based on three [percent]
(3.0%) of actual costs.
(Ordinance 030609-3 adopted 6/9/03)
