Division 4 Platting Requirements

Replat.

A Replat, in accordance with State law and the provisions of section 10.02.096 replat, shall be required any time a platted, recorded lot is further divided or expanded, thus changing the boundary and dimensions of the property.

Amending plat.

In the case of minor revisions to recorded plats or lots, an amending plat may also be utilized if in accordance with section 10.02.097 amending plat.

Zoning.

Conformance with existing zoning.

All applications for land within the town's corporate limits shall conform with the existing zoning on the property.

Request to rezone first.

If an applicant seeks to amend the zoning for a property, the request to rezone the property shall be submitted and approved before acceptance of an application for filing of a plat.

Zoning ordinance site plan approval.

Where site plan approval is required by the zoning ordinance or by the commercial planned development district (CPDD), as they currently exist or may be amended, before development, no final plat shall be approved until a site plan has been approved for the land subject to the proposed plat.

(Ordinance 2024-03 adopted 2/6/2024)

§ 10.02.092 Sketch plan.

Purpose.

The sketch plan serves as a visual aid to the applicant and planning manager during the pre-application meeting (section 10.02.061). The sketch plan shall be used to identify major development considerations such as utilities, roadways, drainage concerns, comprehensive plan elements, specific neighborhood characteristics, and historical information.

Sketch plan for the pre-application meeting.

A sketch plan shall be prepared by the applicant. The applicant shall provide a sketch plan a minimum of 48 hours before a scheduled pre-application meeting. The sketch plan shall show the entire property ownership and any approved planned development (PD) zoning district's concept plan.

Sketch plan standards.

The sketch plan shall be a computer-drawn plan to approximate scale and shall show the following elements: Street layouts, lots, the boundaries of the original property in its entirety, proposed improvements, and proposed/permanent stormwater best management practices (BMP).

(Ordinance 2024-03 adopted 2/6/2024)

§ 10.02.093 Preliminary plat.

Purpose.

The purpose of a preliminary plat shall be to determine the general layout of the subdivision, the adequacy of public facilities needed to serve the intended development, and the overall compliance of the land division with applicable requirements of these subdivision regulations.

Applicability.

Unless listed below as an exception (subsection (c)), no subdivision of land shall be allowed without proper submittal, approval, and adoption of a preliminary plat.

Exceptions.

An approved preliminary plat is not required when a minor plat is submitted (refer to 10.02.095 minor plat).

An approved preliminary plat is not required for nonresidential development.

Accompanying applications.

Preliminary and other types of plans.

An application for a preliminary plat shall be accompanied by the following, in accordance with the town's development manual:

A preliminary plat application form;

Preliminary drainage plan (section 10.02.150(i));

Preliminary utility plan (section 10.02.148(c)); and

Other plans, if deemed necessary, for thorough review by the planning manager or the town engineer, such as a planned development master plan.

Approval of each plan shall be separate and in accordance with this section 10.02.093 preliminary plat.

Proof of ownership required.

The applicant shall furnish with the application to the town:

A current title commitment issued by a title insurance company authorized to do business in the state

A title opinion letter from an attorney licensed to practice in the state'

A tax certificate from the county; or

Some other acceptable proof of ownership, identifying all persons or entities having an ownership interest in the property subject to the preliminary plat, including all lienholders.

Review by planning manager.

The planning manager shall:

Initiate review of the plat and materials submitted as specified in the development manual;

Make available plats and reports to the commission and town council for review; and

Upon determination that the application is ready to be acted upon, schedule the preliminary plat for consideration on the agenda of the next available meeting of the planning and zoning commission.

Dual approval required.

As provided for in TLGC section 212.006(a), both planning and zoning commission and town council shall act on the preliminary plat in accordance with section 10.02.062 plat approval procedure.

Criteria for approval.

The commission and the town council shall apply the following criteria to approve, conditionally approve, or disapprove a preliminary plat:

All plats must be drawn to conform to the zoning regulations currently applicable to the property. If a zoning change for the property is proposed, then the zoning change must be completed before the approval of any preliminary plats/final plats;

No plat or replat may be approved that leaves a structure located on a remainder subdivided lot;

The proposed provision and configuration of public improvements including, but not limited to, roads, water, wastewater, storm drainage, electric, park facilities, open spaces, habitat restoration, easements, and right-of-way that are adequate to serve the development, meet applicable standards of these subdivision regulations, and conform to the town's adopted master plans for those facilities;

The preliminary plat has been duly reviewed by applicable town staff;

The preliminary plat conforms to design requirements and construction standards as established in the design standards and specifications by NCTCOG;

The proposed development represented on the preliminary plat does not endanger public health, safety, or welfare; and

(7)

The preliminary plat conforms to the planning manager's subdivision application form.

Effect of approval.

Preliminary plat approval shall allow the applicant to proceed with the development and platting process by submitting construction plans (section 10.02.121) and a final plat (section 10.02.094).

Preliminary plat approval shall be deemed general approval of the subdivision's layout only, and shall not constitute approval or acceptance of construction plans or a final plat.

Expiration.

Two-year validity.

Pursuant to TLGC 245.005(b), preliminary plat approval shall remain in effect two (2) years following the approval date, during which period the applicant shall submit and receive approval for construction plans and a final plat for the land area shown on the preliminary plat.

If construction plans and a final plat application have not been approved within the two (2) year period, the preliminary plat shall expire.

Relationship to construction plans.

A preliminary plat shall remain valid for the period of time in which approved construction plans are valid.

Void if not extended.

If the preliminary plat is not extended as provided in subsection (j) preliminary plat extension, it shall expire and shall become null and void.

(j)

Preliminary plat extension.

A preliminary plat may be extended for a period not to exceed one (1) year beyond the preliminary plat's initial expiration date. A request for extension shall be submitted to the planning manager in writing at least thirty (30) calendar days before expiration of the preliminary plat, and shall include reasons why the preliminary plat should be extended.

Decision by the planning manager.

The planning manager will review the extension request and shall approve or deny the extension request within thirty (30) calendar days following the date of the request.

Should the planning manager fail to act on an extension request within thirty (30) calendar days, the extension shall be deemed to be approved.

Considerations.

In considering an extension, the planning manager shall consider whether the following conditions exist:

A final plat has been submitted and/or approved for any portion of the property shown on the preliminary plat;

Construction plans have been submitted and/or approved for any portion of the property shown on the preliminary plat;

Construction, which includes the installation of public improvements, is occurring on the subject property only after the plat is filed with the county;

The preliminary plat complies with new ordinances that impact the health, safety, and general welfare of the community; and/or

(E)

If there is a need for a park, school, or other public facility or improvement on the property.

Conditions.

Any extension may be predicated upon compliance with new development regulations and/or the applicant waiving any vested rights.

Appeal of the denial of a preliminary plat approval extension.

Appeal of the planning manager's decision on a preliminary plat extension:

An extension denial by the planning manager may be appealed to the commission.

A written request for an appeal shall be received by the planning and zoning commission within fourteen (14) calendar days following the denial.

The commission shall hear and consider an appeal within thirty (30) calendar days following receipt of the appeal request by the planning manager.

Appeal of the commission's decision on a preliminary plat extension:

An extension denial by the commission may be appealed to the town council.

A written request for an appeal shall be received by the planning and zoning commission within fourteen (14) calendar days following the denial.

The town council shall hear and consider an appeal within thirty (30) calendar days following receipt of the appeal request by the planning manager.

The decision of the town council is final.

(k)

Amendments to preliminary plats following approval.

Minor amendments to preliminary plats.

Minor amendments to the design of the subdivision may be incorporated into an application for final plat approval without the necessity of filing a new application for re-approval of a preliminary plat.

Minor amendments shall only include minor adjustments in street or alley alignments, lengths and paving details, and minor adjustments to lot lines that:

Do not result in creation of additional lots or any nonconforming lots; and

Are consistent with approved prior applications.

Any increase to the size of a property shown on a preliminary plat, or increase to the density of single-family residential lots shown on a preliminary plat, shall not be considered minor amendments.

Major amendments to preliminary plats.

All other proposed changes to the design of the subdivision subject to an approved preliminary plat shall be deemed major amendments that require submittal and approval of a new application for approval of a preliminary plat (including new fees, new reviews, etc.) before approval of construction plans and/or a final plat.

Determination of minor or major preliminary plat amendments.

The planning manager shall make a determination of whether proposed amendments are minor or major by requiring a new preliminary plat submittal.

(Ordinance 2024-03 adopted 2/6/2024)

§ 10.02.094 Final plat.

Purpose.

The purpose of a final plat is to ensure that:

The proposed subdivision and development of the land is consistent with all standards of these subdivision regulations pertaining to the adequacy of public facilities;

Public improvements to serve the subdivision or development have been installed and accepted by the town, or that provision for such installation has been made; and

All other town requirements and conditions have been satisfied or provided for to allow the final plat to be recorded.

Applicability.

Unless listed below as an exception (subsection (c)), no subdivision of land shall be allowed without proper submittal, approval, and adoption of a final plat.

Exceptions.

A final plat is not required when a minor plat is submitted (refer to section 10.02.095 minor plat).

Proof of ownership required.

The applicant shall furnish with the application to the town a current title commitment issued by a title insurance company authorized to do business in the state, a title opinion letter from an attorney licensed to practice in the state, or some other acceptable proof of ownership, identifying all persons having an ownership interest in the property subject to the final plat.

The final plat shall be signed by each owner, or by the representative of the owners authorized to sign legal documents for the owners and lienholder, effectively denoting that they are consenting to the platting of the property and to the dedications and covenants that may be contained in the final plat.

Accompanying applications.

A final plat application form, which can be obtained from the planning manager.

For nonresidential development, a preliminary site plan for the entire development and a site plan for each lot shall be required with the final plat application.

Construction plans shall accompany a final plat application as required by planning manager.

A tree survey shall accompany a final plat application.

A signage plan shall accompany a final plat application (residential only).

An open space or HOA open space and maintenance plan shall accompany a final plat application.

(7)

Approval of the final plat and construction plans shall be separate and in accordance with this section 10.02.094 final plat and with section 10.02.121 construction plans.

Prior approved preliminary plat.

The final plat and all accompanying data shall conform to the approved preliminary plat, or as the preliminary plat may have been amended per section 10.02.093(k) amendments to preliminary plats following approval, if applicable, incorporating all conditions imposed or required, if applicable.

Review by planning manager.

The planning manager shall:

Initiate review of the plat and materials submitted;

Make available plats and reports to the commission and town council for review; and

Upon determination that the application is ready to be acted upon, schedule the final plat for consideration on the agenda of the next available meeting of the commission.

Dual approval required.

In agreement with TLGC section 212.006(a), both planning and zoning commission and town council must act on the final plat in accordance with section 10.02.062 plat approval procedure.

Final plat criteria for approval.

The commission and the town council shall apply the following criteria to approve, conditionally approve, or disapprove a final plat.

The final plat conforms to the approved preliminary plat except for minor amendments that are authorized under section 10.02.093(k) amendments to preliminary plats following approval and that may be approved without the necessity of revising the approved preliminary plat;

All conditions imposed at the time of approval of the preliminary plat, as applicable, have been satisfied;

The final layout of the subdivision or development meets all standards for adequacy of public facilities contained in this subdivision ordinance;

The plat conforms to design requirements and construction standards as established in the design standards and specifications by NCTCOG; and

The plat conforms to the planning manager's subdivision application checklists and subdivision ordinance regulations.

A motion to approve a final plat is subject to the following conditions:

All required fees shall be paid.

All covenants required by ordinances have been reviewed and approved by the town.

On-site easements and right-of-way have been dedicated and filed of record and properly described and noted on the proposed plat.

All required abandonments of public right-of-way or easements that must be approved by the town council and the abandonment ordinance numbers are shown on the plat.

(E)

Original tax certificates have been presented from each taxing unit with jurisdiction of the real property showing the current taxes are paid.

(j)

Procedures after final plat approval.

Construction plan submitted with final plat (see division 5 construction plans and procedures).

Letter of acceptance provided by the town.

Sign plat.

The planning manager shall procure the appropriate town signatures on the final plat.

The applicant shall provide the required number of signed and executed copies of the final plat for filing with the county (in the county's required format).

Authorize to file the final plat with the county.

(k)

Effect of recordation.

Final plat recordation:

Supersedes any prior approved preliminary plat for the same land.

Authorizes the applicant to seek issuance of a building permit and sell or transfer lots.

(l)

Revisions following recording/recordation.

Revisions may only be processed and approved as a replat, or amending plat, as applicable.

(m)

Signature blocks.

The planning manager shall develop and maintain wording for final plat signature blocks. This wording shall be made available to the general public via the town's development manual or similar type document.

(n)

Expiration of approved but not filed plat.

Two-year validity.

Final plat approval shall remain in effect two (2) years following the approval date, during which period the applicant shall submit and receive approval for construction plans for the land area shown on the final plat.

A final plat expires if construction plans have not been approved within the two (2) year period.

Relationship to construction plans.

A final plat shall remain valid for the period of time in which approved construction plans are valid.

Void if not extended.

If the final plat is not extended as provided in subsection (o) final plat extension for approved but not filed plat, it shall expire and shall become null and void.

Approve final plats that have been filed (recorded with the county).

Approved plats that have been filed with the county shall not expire.

Construction of the site may not begin until the final plat has been filed with the county.

(o)

Final plat extension for approved but not filed plat.

A final plat may be extended for one (1) year beyond the final plat's initial expiration date. An extension request shall be submitted to the planning manager in writing at least thirty (30) calendar days before final plat expiration, and shall include reasons why the final plat should be extended.

Decision by the planning manager.

The planning manager will review the extension request and shall approve or deny the extension request within thirty (30) calendar days following the date of the request.

Should the planning manager fail to act on an extension request within thirty (30) calendar days, the extension shall be deemed to be approved.

Considerations.

In considering an extension, the planning manager shall consider whether the following conditions exist:

Construction plans have been submitted and/or approved for any portion of the property shown on the final plat;

Construction, including the installation of public improvements, is occurring on the property;

The final plat complies with new ordinances that impact the health, safety, and general welfare of the community; and/or

If there is a need for a park, school, or other public facility or improvement on the property.

Conditions.

Any extension may be predicated upon compliance with new development regulations and/or the applicant waiving any vested rights.

Appeal of the denial of a final plat approval extension.

Appeal of the planning manager's decision on a final plat extension:

The extension denial by the planning manager may be appealed to the commission.

A written request for an appeal shall be received by the planning manager within fourteen (14) calendar days following the denial.

The commission shall hear and consider an appeal within thirty (30) calendar days following receipt of the appeal request by the planning manager.

Appeal of the commission's decision on a final plat extension:

The extension denial by the commission may be appealed to the town council.

A written request for an appeal shall be received by the planning manager within fourteen (14) calendar days following the denial.

The town council shall hear and consider an appeal within thirty (30) calendar days following receipt of the appeal request by the planning manager.

The decision of the town council is final.

(Ordinance 2024-03 adopted 2/6/2024)

§ 10.02.095 Minor plat.

Purpose.

The purpose of a minor plat is to simplify divisions of land under certain circumstances as outlined in Texas Local Government Code section 212.0065(2).

Applicability.

A minor plat application may be filed only in accordance with state law, when all of the following circumstances apply:

The proposed division results in four (4) or fewer lots;

All lots in the proposed subdivision front onto an existing public street and the construction or extension of a street or alley is not required to meet the requirements of these subdivision regulations; and

Except for right-of-way widening and easements, the plat does not require the extension of any municipal facilities to serve any lot within the subdivision.

Application requirements.

Minor plat submittal requirements are determined by the planning manager on the application form.

Additional requirements.

To be considered a minor plat, the following requirements must also be met:

The proposed plat shall be for the subdivision of one (1) tract into four (4) or fewer lots.

The person, firm, or corporation presenting the proposed plat shall dedicate all easements and right-of-way as required elsewhere in these regulations.

Private wastewater treatment facilities (septic tanks) that meet the current TCEQ health standards shall be considered adequate when existing public water and wastewater lines are not available.

Minor plat criteria for approval.

The commission and the town council shall apply the following criteria to approve, conditionally approve, or disapprove a minor plat:

The minor plat is consistent with all zoning requirements for the property (unless a right-of-way dedication causes the lot to become nonconforming) and all other requirements of these subdivision regulations that apply to the plat;

All lots to be created by the plat already are adequately served by improved public street access and by all required town utilities and services and by alleys, if applicable;

The ownership, maintenance, and allowed uses of all designated easements have been stated on the minor plat; and

Except for right-of-way widening and easements, the plat does not require the extension of any municipal facilities to serve any lot within the subdivision.

Review and approval.

The review and approval processes shall comply with section 10.02.094 final plat.

Procedures for minor plat after approval.

The procedures shall comply with section 10.02.094(j) procedures after final plat approval.

Revisions following approval.

Revisions may only be processed and approved as a replat, or amending plat, as applicable.

(Ordinance 2024-03 adopted 2/6/2024)

§ 10.02.096 Replat.

Purpose.

The purpose of a replat is to re-subdivide any part or all of a recorded plat.

Applicability.

In agreement with TLGC section 212.014, a replat of a subdivision or part of a subdivision may be recorded and is controlling over the preceding plat without vacation of that plat if the replat:

Is signed and acknowledged by only the owners of the property being replatted;

Is approved by the planning and zoning commission and town council; and

Does not attempt to amend or remove any covenants or restrictions.

Additional requirements for certain replats.

In agreement with TLGC section 212.015, the following requirements shall apply.

In addition to compliance with subsection (b) (ref TLGC section 212.014), a replat without vacation of the preceding plat must conform to the requirements of this section if:

During the preceding five 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 residential units per lot; or

Any lot in the preceding plat was limited by deed restrictions to residential use for not more than two residential units per lot.

If a proposed replat described by subsection (c)(1) requires a variance or exception, a public hearing must be held by the planning and zoning commission or town council.

Notice of the hearing required under subsection (c)(2) shall be given before the 15th day before the date of the hearing by:

Publication in an official newspaper or a newspaper of general circulation in the county in which the town is located; and

By written notice, with a copy of subsection (c)(4) attached, forwarded by the planning and zoning commission or town council to the owners of lots that are in the original subdivision and that are within 500 feet of the lots to be replatted, as indicated on the most recently approved municipal tax roll or in the case of a subdivision within the extraterritorial jurisdiction, the most recently approved county tax roll of the property upon which the replat is requested. 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 town.

If the proposed replat requires a variance and is protested in accordance with this subsection, the proposed replat must receive, in order to be approved, the affirmative vote of at least three-fourths of the members present of the planning and zoning commission or town council, or both. For a legal protest, written instruments 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, must be filed with the planning and zoning commission or town council, or both, prior to the close of the public hearing.

In computing the percentage of land area under subsection (c)(4), the area of streets and alleys shall be included.

Compliance with subsections (c)(4) and (c)(5) is not required for approval of a replat of part of a preceding plat if the area to be replatted was designated or reserved for other than single or duplex family residential use by notation on the last legally recorded plat or in the legally recorded restrictions applicable to the plat.

(7)

If a proposed replat described by subsection (c)(1) does not require a variance or exception, the town shall, not later than the 15th day after the date the replat is approved, provide written notice by mail of the approval of the replat to each owner of a lot in the original subdivision that is within 500 feet of the lots to be replatted according to the most recent town or county tax roll. This subsection does not apply to a proposed replat if the planning and zoning commission or town council holds a public hearing and gives notice of the hearing in the manner provided by subsection (c)(3).

(8)

The notice of a replat approval required by subsection (c)(7) must include:

The zoning designation of the property after the replat; and

A telephone number and e-mail address an owner of a lot may use to contact the municipality about the replat.

Application requirements.

A replat application shall meet all final plat application requirements. The applicant shall acknowledge that the replat will not amend or remove any covenants or restrictions previously incorporated in the recorded plat.

Partial replat application.

If a replat is submitted for only a portion of a previously platted subdivision, the replat must reference the previous subdivision name and recording information, and must state on the replat the specific lots that are being changed along with a detailed "purpose for replat" statement.

Criteria for approval.

The replat of the subdivision shall meet all review and approval criteria for a final plat.

The replat document shall be prepared by a state registered professional land surveyor.

Replat review and approval.

The review and approval processes shall comply with section 10.02.094 final plat (except for the special public hearing and notice requirements described in subsection (c) additional requirements for certain replats).

Effect.

Upon approval of the application, the replat may be recorded and is controlling over the previously recorded plat for the portion replatted.

(Ordinance 2024-03 adopted 2/6/2024)

§ 10.02.097 Amending plat.

Purpose.

The purpose of an amending plat shall be to provide an expeditious means of making minor revisions to a recorded plat consistent with provisions of state law.

Applicability.

In agreement with TLGC section 212.016, the town may approve and issue an amending plat, which may be recorded and is controlling over the preceding plat without vacation of that plat, if the amending plat is signed by the applicants only and is solely for one or more of the following purposes.

Error corrections or administrative adjustments.

Correct an error in a course or distance shown on the preceding plat.

Add a course or distance that was omitted on the preceding plat.

Correct an error in a real property description shown on the preceding plat.

Indicate monuments set after the death, disability, or retirement from practice of the engineer or surveyor responsible for setting monuments.

(E)

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.

(F)

Correct any other type of scrivener or clerical error or omission previously approved by the planning and zoning commission or town council, including lot numbers, acreage, street names, lot frontage, and identification of adjacent recorded plats.

(G)

Correct an error in courses and distances of lot lines between two adjacent lots if:

Both lot owners join in the application for amending the plat;

Neither lot is abolished;

The amendment does not attempt to remove recorded covenants or restrictions; and

The amendment does not have a material adverse effect on the property rights of the other owners in the plat.

Relocate lot lines.

Relocate a lot line to eliminate an inadvertent encroachment of a building or other improvement on a lot line or easement.

Relocate one or more lot lines between one or more adjacent lots if:

The owners of all those lots join in the application for amending the plat;

The amendment does not attempt to remove recorded covenants or restrictions; and

The amendment does not increase the number of lots.

Replatting.

Replat one or more lots fronting on an existing street if:

The owners of all those lots join in the application for amending the plat;

The amendment does not attempt to remove recorded covenants or restrictions;

The amendment does not increase the number of lots; and

The amendment does not create or require the creation of a new street or make necessary the extension of municipal facilities.

Application requirements.

An amending plat submittal shall be determined by the planning manager on the application form.

Notice not required.

In agreement with TLGC section 212.016(b), amending plat approval and issuance shall not require notice, hearing or approval of other lot owners.

Review and approval.

The review and approval processes shall comply with section 10.02.094 final plat.

(Ordinance 2024-03 adopted 2/6/2024)

§ 10.02.098 Plat vacation.

Purpose.

The purpose of a plat vacation is to provide an expeditious means of vacating a recorded plat in its entirety, consistent with provisions of state law per TLGC 212.013.

Initiation of a plat vacation.

By property owner.

The property owner of the tract covered by a plat may submit an application to vacate the plat at any time before any lot in the plat is sold.

By all lot owners.

If lots in the plat have been sold, an application to vacate the plat must be submitted by all the owners of lots in the plat.

Review and approval.

The review and approval processes shall comply with section 10.02.094 final plat.

Procedures for recordation following approval.

If the planning and zoning commission and town 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 planning and zoning commission and town council adopt a resolution vacating a plat in part, it shall cause a revised final plat to be recorded along with the resolution that shows the portion of the original plat that has been vacated and the portion that has not been vacated.

Effect.

On the execution and recording of the vacating instrument, the previously filed plat shall have no effect.

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.