(a) 
Platting sequence.
Except for minor plats, amending plats, development plats and certain replats described in division 3 of this article, the city's review and, where appropriate, approval of a plat is subject to three separate stages. Approval is required for each stage before the city will accept an application for the next stage of the sequence for filing. The stages occur in the following sequence:
(1) 
Adequate facilities plan (AFP);
(2) 
Preliminary plat/construction plans; and
(3) 
Final plat.
(b) 
Sequence to be followed.
(1) 
No required plat or subdivision plan may be submitted for filing simultaneously with another required plat or subdivision plan. No required plat or subdivision plan may be approved unless a required prior plat or subdivision plan has been approved or conditionally approved. Approval is required before the city will accept an application for the next stage of the sequence.
(2) 
Unless otherwise indicated in the action taken on an application, conditional approval means that conditions shall be satisfied prior to the approval of a subsequent plat or subdivision plan. Disapproval of an application means that the applicant may not proceed to the next stage of subdivision approval until the grounds for disapproval have been satisfied.
(Ordinance 2023-1127-01, sec. 10-20, adopted 11/27/2023)
(a) 
Pre-application conference.
(1) 
Before a person may submit an application for approval of a plat or subdivision plan to the city, an applicant shall meet with the city administrator, or designee, to review the following matters:
(A) 
The sequence of stages required prior to approval;
(B) 
Any claim of exemption for a contemplated division of land;
(C) 
Prerequisites to filing the initial application;
(D) 
Any request for major waivers to the subdivision regulations; and
(E) 
Complete application requirements.
(2) 
The following authorizations are required prior to submittal of an initial subdivision or development plat application for approval, unless a major waiver is approved waiving the requirement:
(A) 
For property within the city, zoning approval for the contemplated use(s) of the property to be divided or the developer has applied for a zoning change simultaneously with the subdivision or plat application;
(B) 
Texas Department of Transportation approval for any contemplated modification(s) to a state owned or maintained roadway, to include access;
(C) 
Approval of amendments to the city's adopted thoroughfare plan, if applicable, or other master plan for public facilities and services necessary to serve the proposed development;
(D) 
Any requested vested rights determination; and
(E) 
Any request for a major waiver to the subdivision regulations. No subdivision application will be accepted for filing at the pre-application conference.
(b) 
Official submittal dates.
(1) 
A person may only submit a plat or subdivision application, on an official submittal date.
(2) 
The city shall establish and publish annually on its website a monthly schedule of official submittal dates, which is subject to change.
(3) 
An applicant shall schedule a meeting with the city administrator on the official submittal date in order to review the proposed plat or subdivision application.
(4) 
A subdivision application shall not be accepted for filing on an official submittal date and shall be returned to the applicant in the following circumstances:
(A) 
Prerequisite authorizations have not been obtained;
(B) 
A prior required application has not been approved;
(C) 
A proposed major waiver is pending for decision;
(D) 
The subdivision application is not complete; or
(E) 
The applicant has not submitted the filing fee.
(5) 
If a subdivision application has been returned to the applicant for incompleteness following an initial review, the application shall be accepted for filing on the next official submittal date that it is submitted by the applicant. If any of the items in subsection (b)(4), above, have not been resolved, the application shall be placed on the commission or council, as applicable, agenda for summary denial. No further materials in support of the application shall be filed after the application has been accepted for filing. An applicant may elect to withdraw an application prior to the commission decision on the application.
(c) 
Complete application determination.
(1) 
The city administrator shall perform a completeness determination for the application within 5 days of the official submittal date.
(2) 
In addition to any requirements stated in this code, the administrator, in consultation with the city engineer, shall promulgate standards for a complete application for each plat or subdivision plan, such standards to be in conformance with this code and published on the city's website.
(3) 
The city administrator shall accept the application as complete or provide a list of deficiencies to the applicant that render the application incomplete.
(4) 
The administrator shall deny and return any subdivision application that remains incomplete after acceptance for filing.
(d) 
Thirty-day decision process.
(1) 
Approval by commission/council.
The city administrator shall prepare a report on a proposed plat or subdivision application. The adequate facilities plan shall be considered for approval as described in subsection (d)(2), below. The commission/council as applicable, upon consideration of the administrator's report, shall approve, approve with conditions, or disapprove a preliminary plat, final plat, or other plat within 30 days after the date the plat or adequate facilities plan application is filed. A plat is deemed approved unless it is conditionally approved or disapproved by the commission/council within that period in the manner provided in subsection (d)(4), below.
(2) 
Approval of adequate facilities plan ("AFP").
The city administrator shall approve, approve with conditions, or disapprove an adequate facilities plan within 30 days after the date the AFP application is filed. An AFP is deemed approved unless it is conditionally approved or disapproved within that period in the manner provided in subsection (d)(4), below.
(3) 
Approval of construction plans.
The city engineer shall approve, approve with conditions, or disapprove construction plans within 30 days after the date the construction plans application is filed. A construction plan application is deemed approved unless it is conditionally approved or disapproved within that period in the manner provided in subsection (d)(4), below.
(4) 
Documentation for conditional approval or disapproval.
The commission or council, as applicable, shall provide the applicant a written statement that clearly articulates each specific condition for conditional approval or reason for disapproval of the plat or subdivision plan. Each condition or reason specified in the written statement shall be directly related to the requirements of this code and include a citation to the applicable law, including state or local laws, that is the basis for the conditional approval or disapproval. The commission/council or administrator shall identify the stage of the subdivision approval process by which the time for satisfaction of each condition or reason for approval imposed on the application shall be satisfied.
(5) 
Extension by agreement.
The applicant may request in writing and the commission/council may approve the request for an extension of the time for plat or subdivision plan approval required by subsection (d)(1), above, for a period not to exceed 30 days. The written request shall be made at least 15 days prior to the time scheduled for a decision on the application. If an extension is granted, the applicant may submit additional materials in support of the application no later than 20 days before the date the commission/council is scheduled to review the application.
(e) 
Post-decision procedures.
(1) 
Applicant's response.
After the conditional approval or disapproval of a plat or subdivision plan under subsection (d)(4), above, the applicant may submit to the commission/council, as applicable, a written response that satisfies each condition for the conditional approval or remedies each reason for disapproval. The commission/council, as applicable, shall disapprove any response that does not address all of the conditions or reasons for disapproval. When the city administrator or city engineer determines that a condition may be satisfied at the next stage of subdivision or plat approval, the applicant need not submit a response before application is made for the next plat or subdivision plan in the sequence of approvals.
(2) 
Reply to applicant's response.
The commission/council, as applicable, that receives an applicant's response in accordance with subsection (e)(1), above, shall determine whether to approve or disapprove the plat or subdivision plan not later than the 15th day after the date the response was submitted. The commission or the responsible official, as the case may be, shall approve the plat or subdivision plan if the response adequately addresses each condition of the conditional approval or each reason for the disapproval. If the commission/council disapproves the plat or subdivision plan, the city administrator shall then provide the applicant with a written statement that clearly articulates each reason for disapproval in the manner provided in subsection (d)(4), above. Following timely disapproval of the plat or subdivision plan, a new application for the plat or subdivision plan will need to be filed. If the response meets the criteria in subsection (e)(1), above, and the commission/council, as applicable, fails to act upon the response as required by this subsection, the plat or subdivision plan shall be deemed approved.
(3) 
Delegation and appeal.
The city administrator is authorized, and hereby designated as a municipal authority, to take action on and prepare a reply to an applicant's response to conditional approval or disapproval of a plat or an adequate facilities plan in the event the commission/council, as applicable, is unable to meet within the 15-day period required by subsection (e)(2), above. The city engineer is authorized to take action on and prepare a reply to an applicant's response to conditional approval or disapproval of construction plans. An applicant may appeal the decision of the city administrator or the city engineer to the council. An applicant may also elect to have the commission/council, as applicable, take action on and make the reply by agreeing in writing to have the response considered at the next scheduled commission/council meeting, as applicable.
(f) 
Exceptions to thirty-day decision process.
The 30-day decision process and post-decision procedures described in subsections (d) and (e), above, do not apply to the following proceedings:
(1) 
Any request for relief provided for in this code, including an application for any waivers from the standards or procedures;
(2) 
Any appeal provided for in these regulations, including an appeal from a vested rights determination;
(3) 
Any action by the city council on the city engineer's rough proportionality determination, including an appeal taken by an applicant;
(4) 
Any actions taken to modify an approved final plat;
(5) 
Inspections of improvements;
(6) 
Any actions taken after plat recordation, other than a replat or amending plat;
(7) 
Any request to extend plat or subdivision plan approval beyond an expiration date; or
(8) 
Any matter requiring authorization prior to submittal of a plat or subdivision plan application identified in subsection (a)(2), above.
(g) 
Certification.
(1) 
If a plat or subdivision plan is approved, the council shall endorse the approved plat or subdivision plan with a certificate indicating the approval. Where approved, the certificate shall be signed by the mayor. The city engineer is responsible for approving all construction plans, technical notes, and/or the dedication of improvements and property interests.
(2) 
If a plat or subdivision plan application is deemed approved pursuant to subsection (d)(1) or (e)(2), above, the council shall issue a certificate stating the date that the plat or plan application was filed and that the commission/council, as applicable, failed to act on the application within the prescribed period.
(h) 
Expiration and extension of an approved plat or subdivision plan.
(1) 
Expiration date.
Except as otherwise provided in this code, unconditional approval of a plat or subdivision plan application or conditional approval where all conditions may be satisfied at a subsequent stage of subdivision approval, expire 2 years from the date of approval, unless the applicant submits and receives approval for a required subsequent application for approval. Unconditional approval of a preliminary plat expires 2 years from the date of approval, if a final plat has not been submitted to the city.
(2) 
New application required.
Following expiration of an approved plat or subdivision plan, a new subdivision application is required unless the date for expiration has been extended in accordance with this section.
(3) 
Project expiration.
Following expiration of an approved plat or subdivision plan, the project defined by a prior-approved plat or subdivision application shall be deemed to have expired within 5 years from the date of the last prior approval, unless a new subdivision or plat application is made and approved for the expired plat or subdivision plan within such period, or unless progress toward completion of the project has otherwise been made in accordance with section 245.005, Texas Local Government Code, such as completion of one or more phases, utility installations, and/or filing of a recording plat.
(4) 
Extension request.
An applicant may submit a request to the city administrator, or in the case of construction plans, to the city engineer, for an extension of a plat or subdivision plan expiration date for a period not to exceed 1 year, if the request is filed at least 30 days before the date of expiration. Every request for extension shall include a statement of the reasons why the expiration date should be extended. More than one extension request may be filed.
(5) 
Criteria for approval of extension request.
The city administrator shall take into account the reasons for the requested extension; the ability of the applicant to comply with any conditions attached to the original approval; whether extension is likely to result in timely completion of the project; whether the applicant has made a good faith effort to submit a complete application for the next required application; whether there are circumstances beyond the applicant's control, which have prevented submittal of an application for a subsequent stage of approval; and the extent to which newly adopted regulations should be applied to the original subdivision application.
(6) 
Appeal to commission.
Denial of an extension request by the city administrator may be appealed to the council within 10 days of notification of the denial. In deciding the appeal, the council shall apply the criteria in subsection (h)(5), above.
(7) 
Conditions.
The council may attach conditions to approval of an extension request such as are needed to assure that the land will be developed in a timely fashion and that the public interest is served.
(i) 
Withdrawal of application.
The applicant for a plat or subdivision plan approval may withdraw the application following the city's acceptance for filing, but no later than 4 days before the time of the scheduled decision on the plat or subdivision application. Following withdrawal, the applicant shall submit a new subdivision application, including the fee.
(Ordinance 2023-1127-01, sec. 10-21, adopted 11/27/2023)