(a)
Plats required for land subdivision.
A final
plat or minor plat shall be approved before any land division that
is subject to these regulations and before commencement of any new
development, with the exception of land that is divided solely for
the purpose of conveyance. Land divided for conveyance shall not be
issued a building permit unless all provisions, standards, and requirements
of this subdivision ordinance are met.
(b)
(c)
Zoning.
(1)
Conformance with existing zoning.
All applications
for land within the town's corporate limits shall conform with
the existing zoning on the property.
(2)
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.
(3)
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)
(a)
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.
(b)
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.
(c)
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)
(a)
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.
(b)
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.
(d)
Accompanying applications.
(1)
Preliminary and other types of plans.
(A)
An application for a preliminary plat shall be
accompanied by the following, in accordance with the town's development
manual:
(i)
A preliminary plat application form;
(ii)
Preliminary drainage plan (section 10.02.150(i));
(iii)
Preliminary utility plan (section 10.02.148(c)); and
(iv)
Other plans, if deemed necessary, for thorough
review by the planning manager or the town engineer, such as a planned
development master plan.
(2)
Proof of ownership required.
The applicant shall
furnish with the application to the town:
(A)
A current title commitment issued by a title insurance
company authorized to do business in the state
(B)
A title opinion letter from an attorney licensed
to practice in the state'
(C)
A tax certificate from the county; or
(D)
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.
(e)
Review by planning manager.
The planning manager
shall:
(1)
Initiate review of the plat and materials submitted as specified
in the development manual;
(2)
Make available plats and reports to the commission and town
council for review; and
(3)
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.
(f)
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.
(g)
Criteria for approval.
The commission and the
town council shall apply the following criteria to approve, conditionally
approve, or disapprove a preliminary plat:
(1)
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;
(2)
No plat or replat may be approved that leaves a structure located
on a remainder subdivided lot;
(3)
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;
(4)
The preliminary plat has been duly reviewed by applicable town
staff;
(5)
The preliminary plat conforms to design requirements and construction
standards as established in the design standards and specifications
by NCTCOG;
(6)
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.
(h)
(i)
Expiration.
(1)
Two-year validity.
(A)
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.
(B)
If construction plans and a final plat application
have not been approved within the two (2) year period, the preliminary
plat shall expire.
(2)
Relationship to construction plans.
A preliminary
plat shall remain valid for the period of time in which approved construction
plans are valid.
(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.
(1)
Decision by the planning manager.
(A)
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.
(B)
Should the planning manager fail to act on an extension
request within thirty (30) calendar days, the extension shall be deemed
to be approved.
(2)
Considerations.
In considering an extension,
the planning manager shall consider whether the following conditions
exist:
(A)
A final plat has been submitted and/or approved
for any portion of the property shown on the preliminary plat;
(B)
Construction plans have been submitted and/or approved
for any portion of the property shown on the preliminary plat;
(C)
Construction, which includes the installation of
public improvements, is occurring on the subject property only after
the plat is filed with the county;
(D)
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.
(3)
Conditions.
Any extension may be predicated upon
compliance with new development regulations and/or the applicant waiving
any vested rights.
(4)
Appeal of the denial of a preliminary plat approval extension.
(A)
Appeal of the planning manager's decision
on a preliminary plat extension:
(i)
An extension denial by the planning manager may
be appealed to the commission.
(ii)
A written request for an appeal shall be received
by the planning and zoning commission within fourteen (14) calendar
days following the denial.
(iii)
The commission shall hear and consider an appeal
within thirty (30) calendar days following receipt of the appeal request
by the planning manager.
(B)
Appeal of the commission's decision on a preliminary
plat extension:
(i)
An extension denial by the commission may be appealed
to the town council.
(ii)
A written request for an appeal shall be received
by the planning and zoning commission within fourteen (14) calendar
days following the denial.
(iii)
The town council shall hear and consider an appeal
within thirty (30) calendar days following receipt of the appeal request
by the planning manager.
(iv)
The decision of the town council is final.
(k)
Amendments to preliminary plats following approval.
(1)
Minor amendments to preliminary plats.
(A)
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.
(C)
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.
(2)
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.
(3)
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)
(a)
Purpose.
The purpose of a final plat is to ensure
that:
(1)
The proposed subdivision and development of the land is consistent
with all standards of these subdivision regulations pertaining to
the adequacy of public facilities;
(2)
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
(3)
All other town requirements and conditions have been satisfied
or provided for to allow the final plat to be recorded.
(b)
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.
(c)
Exceptions.
A final plat is not required when a minor plat is submitted (refer to section 10.02.095 minor plat).
(d)
Proof of ownership required.
(1)
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.
(2)
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.
(e)
Accompanying applications.
(1)
A final plat application form, which can be obtained from the
planning manager.
(2)
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.
(3)
Construction plans shall accompany a final plat application
as required by planning manager.
(4)
A tree survey shall accompany a final plat application.
(5)
A signage plan shall accompany a final plat application (residential
only).
(6)
An open space or HOA open space and maintenance plan shall accompany
a final plat application.
(f)
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.
(g)
Review by planning manager.
The planning manager
shall:
(1)
Initiate review of the plat and materials submitted;
(2)
Make available plats and reports to the commission and town
council for review; and
(3)
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.
(h)
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.
(i)
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.
(1)
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;
(2)
All conditions imposed at the time of approval of the preliminary
plat, as applicable, have been satisfied;
(3)
The final layout of the subdivision or development meets all
standards for adequacy of public facilities contained in this subdivision
ordinance;
(4)
The plat conforms to design requirements and construction standards
as established in the design standards and specifications by NCTCOG;
and
(5)
The plat conforms to the planning manager's subdivision
application checklists and subdivision ordinance regulations.
(6)
A motion to approve a final plat is subject to the following
conditions:
(A)
All required fees shall be paid.
(B)
All covenants required by ordinances have been
reviewed and approved by the town.
(C)
On-site easements and right-of-way have been dedicated
and filed of record and properly described and noted on the proposed
plat.
(D)
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)
(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.
(1)
Two-year validity.
(A)
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.
(B)
A final plat expires if construction plans have
not been approved within the two (2) year period.
(2)
Relationship to construction plans.
A final plat
shall remain valid for the period of time in which approved construction
plans are valid.
(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.
(1)
Decision by the planning manager.
(A)
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.
(B)
Should the planning manager fail to act on an extension
request within thirty (30) calendar days, the extension shall be deemed
to be approved.
(2)
Considerations.
In considering an extension,
the planning manager shall consider whether the following conditions
exist:
(A)
Construction plans have been submitted and/or approved
for any portion of the property shown on the final plat;
(B)
Construction, including the installation of public
improvements, is occurring on the property;
(C)
The final plat complies with new ordinances that
impact the health, safety, and general welfare of the community; and/or
(D)
If there is a need for a park, school, or other
public facility or improvement on the property.
(3)
Conditions.
Any extension may be predicated upon
compliance with new development regulations and/or the applicant waiving
any vested rights.
(4)
Appeal of the denial of a final plat approval extension.
(A)
Appeal of the planning manager's decision
on a final plat extension:
(i)
The extension denial by the planning manager may
be appealed to the commission.
(ii)
A written request for an appeal shall be received
by the planning manager within fourteen (14) calendar days following
the denial.
(iii)
The commission shall hear and consider an appeal
within thirty (30) calendar days following receipt of the appeal request
by the planning manager.
(B)
Appeal of the commission's decision on a final
plat extension:
(i)
The extension denial by the commission may be appealed
to the town council.
(ii)
A written request for an appeal shall be received
by the planning manager within fourteen (14) calendar days following
the denial.
(iii)
The town council shall hear and consider an appeal
within thirty (30) calendar days following receipt of the appeal request
by the planning manager.
(iv)
The decision of the town council is final.
(Ordinance 2024-03 adopted 2/6/2024)
(a)
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).
(b)
Applicability.
A minor plat application may be
filed only in accordance with state law, when all of the following
circumstances apply:
(1)
The proposed division results in four (4) or fewer lots;
(2)
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
(3)
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.
(c)
Application requirements.
Minor plat submittal
requirements are determined by the planning manager on the application
form.
(d)
Additional requirements.
To be considered a minor
plat, the following requirements must also be met:
(1)
The proposed plat shall be for the subdivision of one (1) tract
into four (4) or fewer lots.
(2)
The person, firm, or corporation presenting the proposed plat
shall dedicate all easements and right-of-way as required elsewhere
in these regulations.
(3)
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.
(e)
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:
(1)
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;
(2)
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;
(3)
The ownership, maintenance, and allowed uses of all designated
easements have been stated on the minor plat; and
(4)
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.
(f)
Review and approval.
The review and approval processes shall comply with section 10.02.094 final plat.
(g)
Procedures for minor plat after approval.
The procedures shall comply with section 10.02.094(j) procedures after final plat approval.
(h)
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)
(a)
Purpose.
The purpose of a replat is to re-subdivide
any part or all of a recorded plat.
(b)
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:
(c)
Additional requirements for certain replats.
In
agreement with TLGC section 212.015, the following requirements shall
apply.
(1)
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:
(A)
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
(B)
Any lot in the preceding plat was limited by deed
restrictions to residential use for not more than two residential
units per lot.
(2)
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.
(3)
Notice of the hearing required under subsection (c)(2) shall be given before the 15th day before the date of the hearing by:
(A)
Publication in an official newspaper or a newspaper
of general circulation in the county in which the town is located;
and
(B)
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.
(4)
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.
(5)
In computing the percentage of land area under subsection (c)(4), the area of streets and alleys shall be included.
(6)
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).
(d)
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.
(e)
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.
(h)
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)
(a)
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.
(b)
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.
(1)
Error corrections or administrative adjustments.
(A)
Correct an error in a course or distance shown
on the preceding plat.
(B)
Add a course or distance that was omitted on the
preceding plat.
(C)
Correct an error in a real property description
shown on the preceding plat.
(D)
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:
(2)
Relocate lot lines.
(A)
Relocate a lot line to eliminate an inadvertent
encroachment of a building or other improvement on a lot line or easement.
(3)
Replatting.
(A)
Replat one or more lots fronting on an existing
street if:
(i)
The owners of all those lots join in the application
for amending the plat;
(ii)
The amendment does not attempt to remove recorded
covenants or restrictions;
(iii)
The amendment does not increase the number of
lots; and
(iv)
The amendment does not create or require the creation
of a new street or make necessary the extension of municipal facilities.
(c)
Application requirements.
An amending plat submittal
shall be determined by the planning manager on the application form.
(d)
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.
(Ordinance 2024-03 adopted 2/6/2024)
(a)
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.
(b)
Initiation of a plat vacation.
(1)
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.
(2)
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.
(c)
Review and approval.
The review and approval processes shall comply with section 10.02.094 final plat.
(d)
Procedures for recordation following approval.
(1)
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.
(2)
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.
(e)
Effect.
(1)
On the execution and recording of the vacating instrument, the
previously filed plat shall have no effect.
(2)
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.
(3)
The planning and zoning commission and town council shall have
the right to retain all or specific portions of road right-of-way
or easements shown on the plat being considered for vacation. However,
the planning and zoning commission and town council shall consider
plat vacation upon satisfactory conveyance of easements and/or right-of-way
in a separate legal document using forms provided by the town attorney's
office.
(Ordinance 2024-03 adopted 2/6/2024)
