(a) 
Purpose.
The purpose of an adequate facilities plan is to assure that specific development and subdivisions, as described in subsection (b), below, are served with adequate, streets, water service, wastewater services, drainage (stormwater) and flood control, parks, and other facilities for each phase of the subdivision or development. An AFP shall delineate the sequence and timing of development within a proposed subdivision or development, where the tract to be developed is relatively large, will be developed in phases, or is part of a larger parcel of land owned by the applicant, to determine compliance with the comprehensive plan and the availability and capacity of public improvements needed to serve the development, both now and into the future.
(b) 
Applicability.
An adequate facilities plan shall be required for any of the following proposed subdivisions and developments:
(1) 
Any division or development of land where proposed development of the tract is to occur in phases;
(2) 
Any division that creates a remainder tract;
(3) 
A proposed residential subdivision containing 25 or more residential units or lots; or
(4) 
A proposed nonresidential development or subdivision of 1 or more acres.
(c) 
Remainder tracts.
(1) 
Remainder tracts will not be considered lots or tracts of the subdivision. A plan for the future development or subdivision of remainder tracts will be reviewed with the application for adequate facilities plan. The city engineer may require an adjustment in the number of acres included in the subdivision or development plat to comply with the standards applicable to the plat or plan. All remainder tracts must have independent access separate from the access available to the parent tract or subdivision. If the remainder tract does not have independent access the tract must be included in the subdivision or development plat of the parent tract.
(2) 
The city shall not accept a subdivision or plat application for a remainder tract for filing until a final plat has been approved for the first phase of the parent tract.
(3) 
A remainder tract shall not be an undevelopable lot or tract and must have access to a public street.
(d) 
Submittal requirements.
An application for an adequate facilities plan shall be submitted to the city administrator. The application for the AFP shall include the following information and documentation:
(1) 
A copy of all required pre-authorizations set forth in subsection 9.03.032(b) [9.03.032(a)];
(2) 
Names and addresses of the subdivider(s), record owner(s), land planner, engineer, or surveyor, when applicable;
(3) 
Proposed name of the subdivision/development;
(4) 
Location in relation to the rest of the city and boundaries of proposed subdivision;
(5) 
A schematic layout of the entire property to be subdivided/developed, including any remainder tracts, and the property's relationship to adjacent property and existing adjoining developments;
(6) 
Designation of each phase of development within the subdivision/development, the order of development, and a proposed schedule for the development of each phase of the development;
(7) 
Proposed major categories of land use for each phase, showing existing and proposed zoning, if applicable;
(8) 
Proposed and existing arterials and collector streets to serve the land to be platted consistent with the thoroughfare plan, if adopted by the city;
(9) 
Location of proposed sites for parks, schools, and other public uses as consistent with those required by the comprehensive plan, as applicable;
(10) 
Location of significant natural drainage features including drainage courses and other natural areas;
(11) 
Location of significant man-made features such as streets, buildings, utilities, or other physical structures;
(12) 
Proposed dedication of land, including rights-of-way, for the construction and placement of public improvements, whether on-site or off-site, intended to serve each proposed phase of the subdivision, such as streets, utilities, and drainage facilities;
(13) 
A detailed statement of how the proposed development/subdivision will be served by water, wastewater, roadway, and drainage facilities that have adequate capacity to serve the development;
(14) 
The following studies, where impacts on the city's public infrastructure systems from the development exceed the thresholds established in division 4 of this article or as may be required by the city engineer:
(A) 
A traffic impact analysis ("TIA");
(B) 
A drainage study; and/or
(C) 
A utility plan; and
(15) 
Any other requirements promulgated in writing by the administrator and city engineer.
(e) 
Decision by city engineer.
(1) 
The city engineer is the responsible official for processing an adequate facility plan. The procedures in section 9.03.032 apply to an AFP submitted for approval.
(2) 
The city engineer, in consultation with the administrator, shall approve, approve with conditions, or disapprove the adequate facilities plan based on the criteria for approval in subsection (g), below. In addition to other conditions, approval of the AFP may be conditioned on exclusion of land from the AFP, adjustments in the proposed sequence, or timing in the phases of the development. If approved with conditions, the city engineer shall specify whether such conditions must be met at the time of preliminary plat or construction plans approval.
(f) 
Appeal.
An applicant may appeal the city engineer's disapproval of the adequate facilities plan to the council within 10 days following notification thereof. The appeal shall state with specificity why the AFP should be approved. The council shall approve, approve with conditions or disapprove the AFP in accordance with the criteria in subsection (g), below. Such conditions may address but are not limited to matters involving conformity with the city's zoning code (see article 9.02 of the city's Code of Ordinances), the availability and capacity of public improvements, or the phasing of development. The council may require that a utility plan, drainage study, or traffic impact analysis that supports the subdivision be prepared as a condition of approval or reason for disapproval. In addition to other conditions, approval of the adequate facilities plan may be conditioned on exclusion of land from the AFP, or adjustments in the proposed sequence or timing in the phases of the development. The commission shall specify whether any conditions to approval must be met at the time of preliminary plat or construction plans approval.
(g) 
Criteria for approval.
The following criteria apply to determine whether an adequate facilities plan shall be approved, approved with conditions, or disapproved:
(1) 
The AFP is consistent with all existing or proposed zoning requirements for the property and any approved development or annexation agreements;
(2) 
The proposed provision and configuration of streets, water, wastewater, drainage (stormwater), sidewalk, and park facilities generally conform to the master plans for such improvements;
(3) 
The streets, water, wastewater, drainage (stormwater), and park facilities serving the development have adequate capacity to accommodate the demands for services created by each phase of the development in accordance with the standards in division 4 of this article;
(4) 
A required TIA, drainage study, and/or utility plan has been properly prepared and supports the adequacy of such facilities to serve the proposed development;
(5) 
The schedule of development for phased development/subdivisions is feasible and prudent and supports the development schedule;
(6) 
The location, size, and sequence of the phases of development proposed assure orderly and efficient development of the land subject to the plat;
(7) 
Where the proposed development is located in whole or in part within the ETJ and if subject to an interlocal agreement with the county pursuant to state law, the proposed AFP meets any county standards to be applied pursuant to the agreement.
(h) 
Effect of approval.
Approval of an adequate facilities plan authorizes an applicant to submit for approval of a preliminary plat for one or more phases of the subdivision. However, approval of the AFP does not reserve any type of utility capacity for the development. Infrastructure capacity may be reserved through the approval of the construction plans.
(i) 
Expiration and extension.
(1) 
Time of expiration.
An adequate facilities plan that is approved, or approved with conditions, is valid for 2 years from date of such approval, but automatically expires without notice if the subdivider/developer fails to receive approval, or conditional approval, for a preliminary plat/development plat, as applicable, by such date. Failure to meet said platting deadline will result in the expiration of the AFP for that and any subsequent phases of the development. In addition, where an approved preliminary plat/development plat expires pursuant to section 9.03.062, the AFP for that phase shall expire and for all other phases for which a preliminary plat, development plat, or final plat has not been approved, is not pending for approval, or no longer remains in effect.
(2) 
Extension.
The expiration date for any phase of the development may be extended by the council for a period of not more than 1 year provided that a request for extension is made in writing by the subdivider at least 30 days before the expiration date of the AFP. Extension of the expiration date for the phase extends the expiration date for the AFP for a like period, including a requirement that one or more current development standards be applied to subsequent subdivision/plat applications within the area subject to the AFP.
(Ordinance 2023-1127-01, sec. 10-30, adopted 11/27/2023)
(a) 
Purpose.
The purpose of a preliminary plat is to determine the general layout of the development/subdivision as applicable, the adequacy of public infrastructure needed to serve the intended development, and the overall compliance with this code.
(b) 
Submittal requirements.
The following documents and verifications shall be submitted to the city administrator with the application for preliminary plat or development plat approval:
(1) 
The application shall include a statement describing the current ownership of the property. The owner or owner's representative shall verify such information by signature, with the representative to also submit an owner's affidavit or some other written proof affirming such information and the relationship;
(2) 
If required, a copy of the approved adequate facilities plan and documents addressing any conditions attached to the AFP, where satisfaction of the conditions has been delayed until the time of preliminary plat/development plat approval, as applicable;
(3) 
Where an adequate facilities plan is not required, documentation that all pre-authorizations set forth in section 9.03.032 have been obtained and a detailed statement of how the proposed subdivision/development will be served by streets, water, wastewater, drainage (stormwater), sidewalk, and park facilities that have adequate capacity to serve the development;
(4) 
A copy of the preliminary plat showing the scale, layout requirements, and technical standards as per the application checklist promulgated by the city administrator.
(c) 
Council/commission decision.
(1) 
The city administrator is the responsible official for processing preliminary plats in accordance with the procedures in section 9.03.032.
(2) 
Both the city administrator and the city engineer shall submit reports to the commission/council as applicable, who shall thereafter approve, approve with conditions, or disapprove the preliminary plat/development plat based on the criteria for approval in subsection (d), below.
(3) 
The council/commission, as applicable, may impose such conditions on the approval of the preliminary plat as are reasonably necessary to assure compliance with the criteria in subsection (d), below. Such conditions may include that the applicant prepare a utility plan, drainage study, or traffic impact analysis that supports the subdivision/development.
(4) 
The council/commission, as applicable, shall specify whether such conditions must be completed in conjunction with approval of construction plans or final plat approval.
(d) 
Criteria for approval.
The council/commission, as applicable, shall apply the following criteria to determine whether the preliminary plat shall be approved, approved with conditions, or disapproved:
(1) 
The preliminary plat is consistent with all zoning requirements for the property if the property is located within the city's limits;
(2) 
The proposed provision and configuration of public infrastructure including streets, water, wastewater, drainage (stormwater), sidewalk, park facilities, and corresponding easements or other property interests are adequate to serve the subdivision/development and conform to the master plans, if any, for those facilities;
(3) 
Where the proposed preliminary plat is located in whole or in part in the ETJ and if subject to an interlocal agreement with the county pursuant to state law, the plat meets any county standards to be applied pursuant to the agreement;
(4) 
The preliminary plat conforms to design requirements and construction standards set forth in division 4 of this article; and
(5) 
The proposed subdivision/development represented on the preliminary plat mitigates the impact of the proposed development on public health, safety, or welfare.
(e) 
Effect.
The approval of a preliminary plat/development plat authorizes the applicant to apply for approval of construction plans.
(f) 
Expiration and extension.
(1) 
Procedures and standards.
Except as modified by this subsection, the provisions of subsection 9.03.032(h) apply to expiration and extension of preliminary plat approvals.
(2) 
Time of expiration.
A preliminary plat expires 2 years after approval if a final plat is not submitted to the city. If the applicant does not submit and receive approval, or conditional approval, for construction plans or a final plat with appropriate surety within the 2-year period, the preliminary plat shall automatically expire without notice. A preliminary plat shall remain valid for the period of time in which approved construction plans are in effect.
(3) 
Development plat expiration.
A development plat expires within the same time frame as a final plat.
(g) 
Amendments to preliminary plat.
(1) 
Minor amendments.
Following approval of the preliminary plat, minor amendments may be made to the design of the subdivision by incorporating those into an application for approval of a final plat without the necessity of filing a new application for a preliminary plat. Minor amendments 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, any nonconforming lots, or undevelopable lots; provided that such amendments are otherwise consistent with the approved prior plat and subdivision plan.
(2) 
Major amendments.
All other proposed changes to the design of the subdivision subject to an approved preliminary plat will be deemed major amendments that require submittal and approval of a new application for approval of a preliminary plat before approval of construction plans and/or a final plat.
(3) 
Determination.
The city administrator shall make a determination of whether proposed amendments are deemed to be minor or major, thereby requiring new submittal of a preliminary plat.
(Ordinance 2023-1127-01, sec. 10-31, adopted 11/27/2023)
(a) 
Purpose.
The purpose of a construction plan is to assure that required public infrastructure be installed in accordance with all of the standards in division 4 of this article.
(b) 
Submittal requirements.
The following documents and verifications shall be submitted with an application for approval of construction plans:
(1) 
Documentation that any conditions of an approved adequate facilities plan that have been deferred to the time of construction plan approval have been satisfied;
(2) 
An approved preliminary plat showing that all conditions attached to approval have been satisfied;
(3) 
Any request to defer construction of required public infrastructure until after final plat approval and recordation;
(4) 
If construction of required public infrastructure will occur before final plat approval and recordation, documents evidencing the provision for the existence of on-site easements for utility providers and acquisition of off-site easements for placement of the improvements as required by subsection (d), below. The easements shall be filed of record in the real property records of the county and the recording information shall be specified on the plat; and
(5) 
The construction of improvements within all subdivisions and developments shall be in conformance with the technical construction standards and specifications pursuant to division 4 of this article.
(c) 
Decision by city engineer.
The city engineer is the responsible official for processing and approving construction plans. The city engineer shall review and approve, approve with conditions, or disapprove the construction plans applying the criteria in subsection (f), below.
(d) 
Timing of public improvements.
(1) 
Completion prior to final plat approval and recordation.
A developer may complete all required public improvements in accordance with the approved construction plans prior to the approval of a final plat.
(2) 
Completion before recordation of final plat.
Unless an improvement agreement is executed pursuant to subsection (3), below, an approved final plat/development plat shall not be recorded in the real property records until after the public improvements have been completed by the owner and thereafter, inspected and accepted by the city.
(3) 
Deferral of obligation.
The city engineer may defer a subdivider's/developer’s obligation to construct public improvements upon execution of an improvement agreement, in a form approved by the city attorney, and upon provision of adequate security pursuant to subsection (e), below. Such improvement agreement shall be executed and security provided before final plat approval if the subdivider wishes to defer construction of any public improvement.
(4) 
Easements for utility providers.
The applicant shall secure all necessary easements for utility providers prior to the city releasing the plans for construction or final acceptance of utility infrastructure. This obligation may be fulfilled for an on-site easement by dedicating the easement on the final plat and may be fulfilled for any off-site easement as set forth in subsection (5), below.
(5) 
Off-site easements.
All necessary off-site easements required for installation of required off-site public infrastructure to serve the subdivision/development shall be acquired by the applicant prior to the city releasing the plans for construction. This obligation may be attached as a condition of development plat/final plat approval if the city engineer allows deferral of public infrastructure until after development plat/final plat approval and recordation. Off-site easements shall be conveyed and recorded in the real property records of the county by an instrument approved by the city.
(e) 
Improvement agreement and security for completion.
(1) 
Contents of agreement.
When construction of any of the required public infrastructure has been deferred until after final plat/development plat approval and recordation, the final plat/development plat will not be accepted for filing, nor will it be approved, unless and until the applicant enters into an improvement agreement with the city by which the applicant:
(A) 
Agrees to complete the improvements by a specified date;
(B) 
Warrants the improvements for 2 years following final acceptance by the city;
(C) 
Provides a maintenance bond in the amount of 110% of the costs of the improvements for such time period;
(D) 
Provides for securing the obligations of the agreement consistent with subsections (4) and (5), below; and
(E) 
Contains other terms and conditions as are agreed to by the applicant and the city or as may be required by these subdivision regulations.
(2) 
Agreement to run with the land.
The improvement agreement shall provide that the covenants of the agreement contained therein shall run with the land and shall bind all successors, heirs, and assignees of the applicant. All existing owners shall be required to execute the agreement or provide written consent to the covenants contained in the agreement. The applicant shall record the agreement or evidence thereof in the county's real property records on a form approved by the city prior to submitting an application for final plat/development plat approval. The applicant shall thereafter return a copy of the filing to the city administrator.
(3) 
Decision by city engineer.
The city engineer shall review the improvement agreement and shall approve it, approve it with conditions, or disapprove it. The agreement shall also be reviewed and approved by the city attorney prior to any approval by the city engineer. An improvement agreement shall not be considered final until the approved form is executed by the city and all existing owners.
(4) 
Security for completion of improvements.
(A) 
Type of security.
When any of the required public infrastructure will be constructed after approval and recordation of the final plat, the applicant shall guarantee his or her construction obligations by an irrevocable letter of credit, cash deposit with the city, or bond executed by a surety company licensed to do business in the State of Texas and on a form provided by the city attorney. The type of security required for each improvement shall be as agreed to by the city.
(B) 
Estimated cost and security approval.
Security shall be issued in the amount of 110% of the estimated cost, in the sole opinion of the city engineer, to construct and complete all required public infrastructure to the city's standards. Security shall be subject to the review and approval of the city attorney.
(C) 
Security for construction in ETJ.
Where all or some portion of the public infrastructure will be constructed in the ETJ, the security shall be in a form and shall contain such terms as are consistent with the city's interlocal agreement with the county, where applicable. In cases where the requirements governing the form and terms of the security are defined in such interlocal agreement, they will supersede any conflicting provisions within these regulations.
(5) 
Escrow policies and procedures.
(A) 
Request for escrow.
The city engineer may require, or the developer may petition the city, to defer required public infrastructure in exchange for a deposit of cash funds in escrow. The city engineer may require studies and other information to support a developer's request to escrow funds. The parties will incorporate the provisions for escrow into the improvement agreement.
(B) 
Escrow deposit.
When the city engineer requires or agrees to accept escrow deposits, the subdivider shall deposit funds in escrow in an amount equal to 110% of the total "turnkey" costs including the design, permitting, acceptance, and inflation costs related to the improvement(s). The city engineer shall review and approve the amount, which shall be approved and paid prior to approval of the final plat.
(C) 
City usage of escrowed funds.
The city may also use the escrowed funds in participation with another party to jointly construct the public infrastructure.
(D) 
Termination of escrow.
Escrow funds which remain unused after a period of 10 years following the date of such payment shall, upon written request, be returned to the property owner or successor without interest if the recorded final plat/development plat is vacated. Such return of escrowed funds does not remove any obligations of the subdivider/developer for construction of the required improvement(s).
(E) 
Refund.
If funds are deposited in escrow for a public infrastructure that is constructed by a party other than the developer or city, any unused escrowed funds, upon written request, shall be refunded to the property owner, without interest, after completion and city acceptance of the improvement.
(f) 
Criteria for approval of construction plans.
The city engineer shall approve the construction plans if:
(1) 
The plans are consistent with any deferred conditions attached to an approved adequate facilities plan;
(2) 
The plans are consistent with the approved preliminary plat/development plat and any conditions attached thereto;
(3) 
The plans conform to the standards of division 4 of this article;
(4) 
An applicant has provided on-site easements and has acquired off-site utilities easements as required by subsection (d), above;
(5) 
Postponing construction of public infrastructure until after final plat approval and recordation is appropriate and a financial guarantee is acceptable through an improvement agreement; and
(6) 
An applicant has executed an improvement agreement and has posted security as required in subsection (e), above, if the obligation to construct public infrastructure has been deferred until final plat/development plat approval.
(g) 
Effect.
Approval of construction plans authorizes the applicant to schedule a pre-construction meeting with the city in accordance with subsection 9.03.071(a) [9.03.072(a)] and to apply for the city to release the plans for construction or final acceptance of utility infrastructure in accordance with subsection 9.03.071(b) [9.03.072(b)]. If the obligation to construct public infrastructure has been deferred until after final plat/development plat approval and recordation, approval of construction plans authorizes the applicant to apply for final plat/development plat approval.
(h) 
Expiration and extension.
(1) 
Procedures and standards.
Except as modified by this subsection, the provisions of subsection 9.03.032(h) apply to expiration and extension of construction plan approvals.
(2) 
Expiration.
Approved construction plans remain valid for a period of 1 year following the date of approval during which period, a developer shall commence and be diligently and continuously pursuing construction of the public infrastructure. If the developer does not undertake these activities as described above, the construction plans will automatically expire without notice. If the obligation to construct public infrastructure has been deferred until after approval and recordation of the final plat/development plat, the construction plans will expire upon the deadline to complete the improvements contained in the improvement agreement.
(Ordinance 2023-1127-01, sec. 10-32, adopted 11/27/2023)
(a) 
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 infrastructure, that public infrastructure to serve the subdivision has been installed and accepted by the city or that provision for such installation has been made, and that all other requirements and conditions have been satisfied or provided for to authorize the recording of the final plat.
(b) 
Submittal requirements.
The following documents and verifications shall be submitted to the city administrator with the application for preliminary plat approval:
(1) 
A copy of the approved preliminary plat and approved construction plans;
(2) 
If construction of any public infrastructure is to be delayed until after recordation of the final plat, an executed copy of the improvement agreement and security for completion required by subsection 9.03.063(e);
(3) 
Documents addressing any conditions attached to the approved preliminary plat or construction plans, where satisfaction of the conditions has been delayed until the time of final plat approval;
(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 other proof of ownership acceptable to the city, identifying all persons having an ownership interest in the property subject to the preliminary plat. Records from the county appraisal district are not sufficient;
(5) 
A copy of the final plat showing the signatures of each owner, or owner's representative, authorized to sign legal documents for the owner(s), denoting that each owner is consenting to the platting of the property and to the dedications and covenants that may be contained in the final plat;
(6) 
Where the land to be platted is located in whole or part in the ETJ of the city and if subject to an interlocal agreement with the county pursuant to state law, the proposed plat meets any county standards to be applied pursuant to the agreement; and
(7) 
One paper bond copy of the final plat, as well as a PDF or other digital file in a format acceptable to the city and showing the following:
(A) 
Name and location of subdivision, date the drawing was prepared, graphic scale, and true north arrow;
(B) 
Location map at a scale of one inch (1.0") to one thousand feet (1,000.0');
(C) 
Lot and block numbers for each lot or tract;
(D) 
Certification of dedication of all rights-of-way, easements or property to be dedicated for public use, signed by the owner(s);
(E) 
An agreement waiving any claim for damages against the city occasioned by the alteration of the surface of any portion of existing streets or alleys to conform to the grade established in the subdivision/development;
(F) 
Certification by a registered professional land surveyor registered in the State of Texas to the effect that the plat represents a complete and accurate survey made on the ground;
(G) 
If the final plat is not a minor plat, a note referencing the date of approval of the preliminary plat by the council and its location in city records; and
(H) 
Any other requirements as required by an application checklist as promulgated by the administrator and available on the city's website.
(c) 
Council/commission decision.
(1) 
The administrator is the responsible official for processing final plats.
(2) 
After consideration of the administrator's report and the report of the city engineer, the commission/council, as applicable, shall approve, approve with conditions, or disapprove the final plat based on the criteria for approval in subsection (d), below.
(3) 
If the obligation to construct public infrastructure has been deferred until after approval and recordation of the final plat, the commission/council may impose such conditions on the approval of the final plat as are reasonably necessary to assure compliance with the criteria for approval in subsection (d), below.
(d) 
Criteria for approval of final plat.
The commission/council shall use the following criteria to determine whether the application for a final plat shall be approved, approved with conditions, or disapproved:
(1) 
The final plat conforms to the approved preliminary plat and 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 have been satisfied;
(3) 
Construction plans have been approved by the city engineer;
(4) 
Where public infrastructure has been installed, the infrastructure conforms to the approved construction plans and have been approved for acceptance by the city engineer;
(5) 
Where the city engineer has authorized public infrastructure to be deferred, an improvement agreement has been executed and submitted by the property owner, and security and/or escrow in conformity with these regulations has been provided to the city;
(6) 
The final layout of the subdivision or development meets all standards for adequacy of public infrastructure to comply with these subdivision regulations;
(7) 
If applicable, the final plat meets all county standards to be applied under an interlocal agreement between the city and the county under chapter 242, Texas Local Government [Code], and where the proposed subdivision is located in whole or in part in the ETJ; and
(8) 
The plat conforms to design requirements and construction standards as set forth in division 4 of this article.
(e) 
Effect.
The approval of a final plat supersedes any prior approved preliminary plat for the same land. The approval authorizes the applicant to install any improvements in public rights-of-way in conformance with approved construction plans, an improvement agreement as provided in subsection 9.03.063(e), and other city regulations.
(f) 
Recordation of plat.
(1) 
The applicant shall deliver to the city administrator the required number of signed and executed copies of the final plat that will be needed to file the plat in the real property records of the county where the property is located.
(2) 
The administrator shall procure the requisite city approvals required on the plat.
(3) 
The administrator shall record the final plat if:
(A) 
The final plat is approved by the commission/council, as applicable;
(B) 
All required public infrastructure has been completed and accepted by the city, or an improvement agreement has been executed and appropriate security and/or escrow has been provided in accordance with these regulations;
(C) 
All county filing requirements are met;
(D) 
Where some of or all required public infrastructure is not yet completed in connection with an approved final plat, the applicant shall submit the final plat as approved by the commission and revised to reflect any conditions imposed by the commission as part of approval; and
(E) 
If there has been any change in ownership since the time of the proof of ownership provided under subsection (b), above, the applicant shall submit a new consent agreement executed by each owner consenting to the platting of the property and the dedications and covenants contained in the plat. The title commitment or title opinion letter and consent agreement is subject to review and approval by the city attorney.
(4) 
Revisions to the recorded plat may only be processed and approved as a replat or amending plat under section 9.03.066 or 9.03.067 [9.03.067 or 9.03.068], respectively.
(Ordinance 2023-1127-01, sec. 10-33, adopted 11/27/2023)
(a) 
Generally.
This section establishes the procedures and application requirements for development plats.
(b) 
Authority.
This section is adopted pursuant to the Texas Local Government Code, chapter 212, subchapter B, and sections 212.041 through 212.050, as amended.
(c) 
Applicability.
For purposes of this section, the term "development" means the construction of any building, structure or improvement of any nature (residential or nonresidential), or the enlargement of any external dimension thereof on property that has not been previously platted. This section shall apply to any land lying within the city or within its extraterritorial jurisdiction in the following circumstances:
(1) 
The development of any tract of land which has not been platted or replatted prior to the effective date of these regulations, unless expressly exempted herein; or
(2) 
The development of any tract of land for which the property owner claims an exemption from the city's subdivision ordinance, including requirements to replat, which exemption is not expressly provided for in such regulations; or
(3) 
The development of any tract of land for which the only access is a private easement or street; or
(4) 
The division of any tract of land resulting in parcels or lots each of which is greater than five (5) acres in size, and where no public improvement is proposed to be dedicated or constructed.
(d) 
Exceptions.
No development plat shall be required, where the land to be developed has received final plat or replat approval prior to the effective date of these regulations. The city council may, from time to time, exempt other development or land divisions from the requirements of this section.
(e) 
Prohibition on development.
No development shall commence, nor shall any building permit, utility connection permit, electrical connection permit or similar permit be issued, for any development or land division subject to this section, until a development plat has been approved by the commission/council, as applicable, and submitted to the city for filing at the county. Notwithstanding the provisions of this section, the city shall not require building permits or otherwise enforce the city's building code in the city's extraterritorial jurisdiction in relation to any development plat required by this subdivision ordinance.
(f) 
Standards of approval.
The development plat shall not be approved until the following standards have been satisfied:
(1) 
The proposed development conforms to all city plans, including but not limited to, the comprehensive plan, utility plans and applicable capital improvements plans;
(2) 
The proposed development conforms to the requirements of the zoning (if located within the city's corporate limits) and subdivision regulations of this code;
(3) 
The proposed development is adequately served by public facilities and services, parks and open space in conformance with city regulations;
(4) 
The proposed development will not create a safety hazard on a public roadway (such as by not providing adequate on-site parking or vehicle maneuvering space for a restricted-access/gated entrance);
(5) 
Appropriate agreements for acceptance and use of public dedications to serve the development have been tendered; and
(6) 
The proposed development conforms to the design and improvement standards contained in these regulations and in the city's TCSS, and to any other applicable codes or ordinances of the city that are related to development of a land parcel.
(g) 
Conditions.
The city council may impose such conditions on the approval of the development plat as are necessary to assure compliance with the standards in subsection 9.03.065(f) (Standards of approval), above.
(h) 
Approval procedure.
The application for a development plat shall be submitted to the city in the same manner as a final plat and shall be approved, conditionally approved, or denied by the commission/council, as applicable, in a similar manner as a final plat. Upon approval, the development plat shall be filed at the county by the city administrator in the same manner as prescribed for a final plat, and approval of a development plat shall expire if all filing materials are not submitted to the city administrator (or designee) and if the plat is not filed at the county within the time periods specified for a final plat.
(i) 
Submittal requirements.
In addition to all information that is required to be shown on a final plat, a development plat shall:
(1) 
Be prepared by a registered professional land surveyor;
(2) 
Clearly show the boundary of the development plat;
(3) 
Be accompanied by a showing of each existing or proposed building, structure or improvement or proposed modification of the external configuration of the building, structure or improvement involving a change therein and also show all other AFP requirements as required by these regulations;
(4) 
Show all easements and rights-of-way within or adjacent to the development plat; and
(5) 
Be accompanied by the required number of copies of the plat, a completed application form, the required submission fee (per the city's current fee schedule), and a certificate or some other form of verification from the appropriate appraisal district showing that all taxes have been paid on the subject property and that no delinquent taxes exist against the property.
(j) 
A copy of all application materials for a development plat shall be simultaneously submitted to the city administrator for review in the same manner as for a final plat, or the application shall be deemed incomplete.
(Ordinance 2023-1127-01, sec. 10-34, adopted 11/27/2023)
(a) 
General delegation.
The city administrator, after consultation with the city engineer, may approve a minor subdivision. The approval of a minor subdivision will be deemed to be the approval of a final plat for the subdivision, which may be recorded following approval.
(b) 
Applicability.
A proposed subdivision is eligible for minor subdivision approval if it meets each of the following standards:
(1) 
The division creates five or fewer lots;
(2) 
Each lot abuts and takes access from a public street that is constructed to current city specifications;
(3) 
The city's water and wastewater systems are in place adjacent to each lot and there is no further extension of improvements for such systems; or, the lots are to be served by on-site water and wastewater facilities, which use is subject to compliance with applicable laws; and
(4) 
Drainage facilities to serve each lot have been constructed in accordance with an approved stormwater drainage study for properties within the city.
(c) 
Submittal requirements.
An application for minor subdivision approval shall be submitted to the city administrator, together with the required number of copies of the minor subdivision drawn at an adequate scale as required by the application checklist promulgated by the city administrator and available on the city's website. Submission shall include the following:
(1) 
Authorization for any on-site water and wastewater facilities;
(2) 
Any stormwater drainage study approved for the property; and
(3) 
If the street abutting the subdivision from which the lots will take access is substandard under current subdivision regulations, a waiver approved by the council authorizing approval of the subdivision without the necessity of improving the street to current standards.
(d) 
Processing and decision.
(1) 
The procedures in section 9.03.032 apply to an application for minor subdivision approval.
(2) 
The city administrator shall approve the minor subdivision application if it meets the eligibility standards in subsection (b), above, within 30 days after the date the application is filed. Such division may not create an undevelopable lot. If an application does not meet the eligibility standards, the city administrator shall disapprove the application within such period. An applicant may then submit an application for preliminary plat approval to the commission/council, as applicable, in accordance with these regulations.
(3) 
The city administrator may refer the minor subdivision application to the commission/council, as applicable, for a decision for any reason, such decision to be made within 30 days after the date the application is filed. The commission/council shall decide the application at its next regularly scheduled meeting applying the criteria in subsection (b), above.
(Ordinance 2023-1127-01, sec. 10-35, adopted 11/27/2023)
(a) 
Vacation of prior plat.
(1) 
Purpose.
The purpose of a plat vacation is to provide an expeditious means of vacating a previously recorded plat in its entirety, consistent with state law.
(2) 
Application.
(A) 
By property owner.
The property owner of the whole tract covered by a plat may submit an application to vacate the plat at any time before any lot in the plat is sold.
(B) 
By all lot owners.
If lots in the plat have been sold, an application to vacate the plat shall be submitted by all the owners of lots in the plat.
(3) 
Council decision.
The council, on the recommendation of the city administrator, shall determine whether the plat is eligible for vacation and whether the plat should be vacated in whole or in part. The council’s decision on a plat vacation is final.
(4) 
Recordation of action.
If the council determines that a plat should be vacated, it shall certify in writing by resolution that the plat vacation has been approved by the city. If the council adopts a resolution vacating a plat, it shall cause a vacating plat to be recorded. The plat is vacated when a signed, acknowledged instrument declaring the plat vacated is approved by the council and recorded in the manner prescribed for the original plat.
(5) 
Effect.
(A) 
On the execution and recording of the vacating instrument, a previously filed plat has no effect. Regardless of the commission's action on the application, the property owner(s) or subdivider has no right to a refund of any application fees paid to the city nor to the return of any property or consideration previously dedicated or delivered to the city.
(B) 
The city council, at its discretion, shall have the right to retain all or specific portions of street rights-of-way or easements shown on the plat being considered for vacation, and may require separate instruments prior to the vacating plat being recorded.
(C) 
Following vacation of a plat, a new application must be filed for any subdivision/development approval, as provided in division 2 of this article.
(b) 
Replat without vacation of preceding plat.
(1) 
Purpose and applicability.
The purpose of a replat is to allow changes to be made to all or a portion of a recorded plat without vacation of the recorded plat, if the replat:
(A) 
Is signed and acknowledged by only the owners of the property being replatted;
(B) 
Does not propose to amend or remove any plat notes, covenants or restrictions previously incorporated in the recorded plat; and
(C) 
Is approved by the council.
(2) 
Exceptions.
The term "replat" for purposes of this subsection does not include the following:
(A) 
A vacating plat and any plat filed after plat vacation;
(B) 
Platting of a remainder tract; or
(C) 
An amending plat.
(3) 
General procedures.
(A) 
The city administrator is the responsible official for processing a replat application in accordance with division 2 of this article, except as otherwise stated in this subsection.
(B) 
At the required pre-application conference, the city engineer will determine the replat requires construction of additional improvements, in which case an application for approval of construction plans shall be required in accordance with section 9.03.063.
(C) 
Unless otherwise specified, an application for a replat shall be processed as a final plat application.
(D) 
If a replat is submitted for only a portion of a previously platted subdivision, the replat shall reference the previous subdivision name and recording information and shall state on the replat the specific lots which are being changed along with a detailed statement as to the purpose of the replat.
(4) 
Notice and public hearing requirements for certain replats.
(A) 
If the proposed replat requires a minor waiver, then the council/commission, as applicable shall hold a public hearing. The city administrator shall then cause a notice of a public hearing to be given by:
(i) 
Publication in the city's official newspaper before the 15th day (i.e., 17 days) before the date of the hearing; and
(ii) 
Written notice, mailed before the 15th day (i.e., 17 days) before the date of the hearing, including a copy of section 212.015(c), Texas Local Government Code, as may be amended, and sent by the administrator to the owners of lots that are in the original subdivision and that are within two hundred feet (200.0') of the lots to be replatted, as indicated on the most recent city tax roll or in the case of a replat within the ETJ, the most recent 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 postal depository within the city.
(B) 
The council/commission, as applicable, shall conduct a public hearing. If a protest is received in accordance with subsection (C), below, before the close of the public hearing, approval or conditional approval of the replat requires an affirmative vote of at least three-fourths of the members present at the council/commission hearing.
(C) 
A protest triggering the requirements of subsection (B), above, shall be signed by at least twenty percent (20%) of the area of the lots or land immediately adjoining the area covered by the proposed replat and extending two hundred feet (200.0') from that area, and contained within the original plat. In determining the percentage of land area, the area of streets and alleys shall be included.
(D) 
Following approval or conditional approval of the replat that does not require a major or minor waiver, the city administrator shall cause written notice of the council’s decision to be given by mail not later than 15 days after the date of approval of the replat to each owner of a lot that is on the original plat and is within two hundred feet (200.0') of the replatted lots according to the most recent city or county tax roll. The notice shall include the zoning designation of the property after the replat, where applicable, and a telephone number and email address an owner of a lot may use to contact the city about the replat.
(5) 
Effect.
Following council approval of the replat application and recording of the replat, the replat is controlling over the previously recorded plat for the portion replatted.
(Ordinance 2023-1127-01, sec. 10-36, adopted 11/27/2023)
(a) 
Purpose and applicability.
(1) 
Purpose.
The purpose of an amending plat is to provide an expeditious means of making minor revisions to a previously recorded plat.
(2) 
Applicability.
The procedures for an amending plat only apply if the sole purpose is to achieve one or more of the following:
(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 on a plat previously approved by the city, including lot numbers, acreage, street names, and identification of adjacent recorded plats;
(G) 
Correct an error in courses and distances of lot lines between two adjacent lots if:
(i) 
Both lot owners join in the application for amending the plat;
(ii) 
Neither lot is abolished;
(iii) 
The amendment does not attempt to remove recorded covenants or restrictions; and
(iv) 
The amendment does not have a material adverse effect on the property rights of the other owners in the plat;
(H) 
Relocate a lot line to eliminate an inadvertent encroachment of a building or other improvement on a lot line or easement;
(I) 
Relocate one or more lot lines between one or more adjacent lots 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; and
(iii) 
The amendment does not increase the number of lots;
(J) 
Make necessary changes to the preceding plat to create 6 or fewer lots in the subdivision or a part of the subdivision covered by the preceding plat if:
(i) 
The changes do not affect applicable zoning and other regulations of the city;
(ii) 
The changes do not attempt to amend or remove any covenants or restrictions; and
(iii) 
The area covered by the changes is located in an area that the city has approved, after a public hearing, as a residential area; or
(K) 
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.
(b) 
Submittal requirements.
The applicant shall identify the matters under subsection (a)(2), above, for which an amending plan is sought and submit documentation sufficient to show that the application meets the standards set forth therein.
(c) 
Decision by city administrator.
(1) 
The approval and issuance of an amending plat does not require notice, a public hearing, or approval of other lot owners.
(2) 
The provisions in section 9.03.032 apply to an amending plat.
(3) 
The city administrator, in consultation with the city engineer, shall approve the amending plat, approve the amending plat with conditions, or disapprove the amending plat in accordance with the criteria in subsection (e), below.
(d) 
Appeal.
An applicant may appeal the city administrator's disapproval of the amending plat to the council within 10 days following notification thereof. The appeal shall state with specificity why the amending plat should be approved. The council shall approve the amending plat, approve the amending plat with conditions, or disapprove the amending plat in accordance with the criteria in subsection (e), below.
(e) 
Criteria for approval.
The following criteria shall be used to determine whether the amending plat shall be approved, approved with conditions, or disapproved:
(1) 
For each ground for which the applicant seeks approval for an amending plat, the eligibility requirements stated in subsection (a)(2), above, have been met; and
(2) 
The plat otherwise meets the requirements of division 4 of this article.
(f) 
Effect and recordation.
Upon approval, an amending plat shall be recorded and is controlling over the previously recorded plat without vacation of that plat. The procedures for recordation of an amending plat shall be the same as the procedures for recordation of a final plat.
(Ordinance 2023-1127-01, sec. 10-37, adopted 11/27/2023)
(a) 
The city council may authorize major waivers from these subdivision regulations upon a request by an applicant. The administrator or commission, as applicable, may authorize minor waivers in accordance with the following:
(1) 
Request for waiver.
Prior to any application for plat or subdivision plan approval, an applicant who seeks a major waiver, as specified below, to the standards in these regulations shall submit the request for the waiver(s) to the city administrator for consideration by the city council. The request shall be accompanied by a detailed statement of the reasons for the waiver and addressing the criteria for approval of the request, together with a schematic showing the plat or subdivision plan with and without the waiver. No application for plat or subdivision approval shall be accepted for filing until the council has acted upon the waiver request. Any waiver request that is based upon the alleged disproportionate costs of dedicating land, construction, or payment of fees for a public infrastructure will be classified as an appeal of a rough proportionality determination and processed under section 9.03.069 [9.03.070]. Determinations on requests for waivers will be handled in the following manner:
(A) 
Minor waivers.
Requests for waivers that will be considered minor amendments to the subdivision regulations may only include minor adjustments in street or alley alignments, and lengths, and minor adjustments to lot lines that do not result in creation of additional lots or any nonconforming lots, provided that such amendments are consistent with applicable approved prior plats and subdivision plans. Minor waivers may be approved by the city administrator. Denial of the waiver by the city administrator may be appealed to the city council. If a minor waiver is requested in an application for a replat, the minor waiver shall be considered for approval by the council following the procedures in subsection 9.03.066(b) [9.03.067(b)], above.
(B) 
Major waivers.
All other proposed changes that do not meet the criteria to be a minor waiver to the subdivision regulations shall be deemed major amendments that require approval of the major waiver by city council. If a major waiver is requested in an application for a replat, the public hearing and notice procedures in subsection 9.03.066(b) [9.03.067(b)], above, shall apply to approval of the major waiver.
(b) 
Criteria for approval of waiver.
(1) 
In deciding a major waiver request, the council shall consider the hardship of the applicant in complying with the standards for which the waiver is sought, the nature of the proposed use of land involved and existing uses of the land in the vicinity, and the probable effect of such waivers upon traffic conditions and upon the public health, safety, convenience, and welfare in the vicinity. No major waiver will be granted unless council finds that:
(A) 
There are special circumstances or conditions affecting the land to be platted such that the strict application of the provisions of these subdivision regulations would result in unnecessary hardship to the applicant and/or the waiver accomplishes one of the following:
(i) 
To preserve environmental features that would be otherwise be affected by a strict application of these regulations, including tree preservation, geologic formations, steep slopes, springs, or similar conditions;
(ii) 
To enable more efficient use of the land;
(iii) 
To minimize or correct previous adverse effects from placement of drainage courses, transmission lines, or septic systems; or
(iv) 
To enable orientation of lots for greater solar advantage; and
(B) 
The granting of the waiver will not be detrimental to the public health, safety, general welfare, or injurious to surrounding properties; and
(C) 
The granting of the waiver will not have the effect of preventing the orderly subdivision of other land in the area in accordance with these subdivision regulations.
(2) 
The city administrator or the council may grant a minor waiver utilizing the criteria in subsection (1)(A), above.
(3) 
No waiver may be granted that would constitute a violation of a city ordinance.
(c) 
Decision and effect.
The council or the city administrator, as the case may be, shall provide the applicant with its written decision on the waiver request. Where the council grants a major waiver, the applicant is authorized to submit an application for plat or subdivision plan approval that incorporates the major waiver(s), which shall not be altered by the city administrator or the commission, as the case may be, nor shall an approved waiver be the basis for a denial of the application.
(Ordinance 2023-1127-01, sec. 10-38, adopted 11/27/2023)
(a) 
Purpose and applicability.
(1) 
Purpose.
The purpose of a proportionality determination is to assure that any requirement to dedicate, construct, or pay a fee for streets, water, wastewater, drainage (stormwater), sidewalks, park facilities, utilities, and other public infrastructure imposed on a proposed plat or subdivision plan as a condition of approval does not result in a disproportionate cost burden on the developer, taking into consideration the nature and extent of the demands created by the proposed development on the public facilities systems.
(2) 
Applicability.
The proportionality determination by the city engineer and any appeals filed by the developer apply solely to the dedication of land for the construction of, or the payment of fees for public infrastructure that serves developments in addition to the subdivision which is the subject of the determination or appeal. The standards for on-site public infrastructure set forth in these regulations are the minimum standards required to supply the development with services from the public facilities systems.
(b) 
Proportionality determination by city engineer.
Following the submission of an AFP and/or an application for a preliminary plat, the city engineer, in conjunction with such review, shall prepare a written report affirming that each required dedication of land for, construction of, or payment of fees for a public infrastructure is roughly proportionate to the city's costs required to supply services to the subdivision from its public facilities systems, taking into consideration the nature and extent of the development proposed.
(1) 
The city engineer, in drafting the report, may rely upon categorical findings pertaining to on-site improvements; the proposed or potential use of the land; the timing and sequence of development in relation to availability of adequate levels of public facilities systems; the effects of development of subsequent phases of the subdivision or of a remainder tract on the public facilities systems; impact fee studies or other studies that measure the demand for services created by the development and the cost impacts on the public facilities systems; standardized land values or construction costs; the function of the public infrastructure in serving the proposed development; the degree to which public infrastructure to serve the subdivision/development are supplied by other developments; the anticipated participation by the city in the costs of such infrastructure; any reimbursements for the costs of public infrastructure for which the proposed development is eligible; or any other information relating to the mitigating effects of the public infrastructure on the impacts created by the development on the public facilities systems.
(2) 
The city engineer may require the developer, at his or her expense, to submit any information or studies that reasonably may assist in making the proportionality determination.
(3) 
Based on the proportionality determination, the city engineer shall affirm or not affirm that the exaction requirements of this code or other ordinance, as applied to the proposed development or subdivision, does not impose costs on the developer for public infrastructure that exceed those roughly proportionate to the impact of the proposed development or subdivision.
(4) 
The city engineer shall provide the report to the city administrator and the council shall consider the report when making a decision on a plat application.
(5) 
If the city engineer does not affirm that the costs of the dedication of land for, construction of, or fees for public infrastructure are roughly proportionate to the costs necessary for the city to provide services to the subdivision from its public facilities systems, he or she shall make a recommendation whether the city council should negotiate a participation agreement with the developer in which the city will participate in the costs of such public infrastructure. The council may then determine to eliminate or lessen the requirements for dedication of land for, or construction of, the public infrastructure or negotiate any other terms as it deems necessary.
(6) 
The city council shall approve, reject, or modify the participation agreement. In lieu of entering into a participation agreement, the council may determine to eliminate or lessen the requirements for dedication of land for, or construction of, the public infrastructure. In such case, the council's determination shall be reflected in the commission's decision on the final plat/development plat application.
(c) 
Appeals.
An applicant may appeal the city engineer's report to city council as follows:
(1) 
Time for filing and stay of construction or applications.
The appeal shall be filed in writing within 15 days following the receipt of the report. The appeal shall be filed with the city secretary and shall be forwarded to city council for consideration. The applicant may not proceed with construction of improvements or submit an application for final plat approval until the council has decided the appeal.
(2) 
Form of appeal.
An appeal shall allege that the costs of the required dedication of land for, construction of, or payment of fees for public infrastructure is not roughly proportionate to the city's costs in supplying the subdivision with services from its public facilities system or does not reasonably benefit the subdivision. The applicant shall specifically allege what the applicant asserts to be proportionate in the appeal.
(3) 
Study required.
The applicant shall provide a study in support of the appeal that includes the following information within 30 days following the date the appeal is filed, unless a longer time is requested:
(A) 
As a threshold matter, the study shall demonstrate that the public infrastructure at issue serves other property or development(s) in addition to the subdivision/development which is the subject of the appeal.
(B) 
Total capacity of the city's streets, water, wastewater, drainage (stormwater), sidewalk, and/or park facilities 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 public facilities systems capacity to be consumed by the development. If the proposed subdivision is to be developed in phases, such information shall be provided for the entire development proposed, including any phases already developed.
(C) 
Total capacity to be supplied to the city's streets, water, wastewater, drainage (stormwater), sidewalk, and park facilities by the dedication of land for, construction, or payment of fees for public infrastructure and the associated costs. If the plat application is proposed as a phased development, the information shall include the costs of any capacity supplied by prior dedication of land for, construction of, [or] payment of fees for public infrastructure.
(D) 
Comparison of the capacity of the public facilities systems to be utilized by the proposed development with the capacity to be supplied to such systems by the proposed dedication of land for, construction of, or payment of fees for the public infrastructure. In making this comparison, the impacts on the public facilities systems from the entire development shall be considered.
(E) 
The amount of any city participation in the costs of oversizing the public infrastructure to be constructed in accordance with the city's requirements.
(F) 
Any other information that shows the alleged disproportionality between the impacts created by the proposed subdivision and the dedication, construction, or fee requirement imposed by the city.
(4) 
Extraterritorial jurisdiction.
Where the subdivision or the public infrastructure are located in the ETJ and are to be dedicated to the county under an interlocal agreement, if any, an appeal or study in support of the appeal shall not be accepted as complete for filing by the city engineer unless the appeal and subsequent study are accompanied by verification that a copy has been delivered to the county.
(5) 
Processing application.
(A) 
The city engineer is the responsible official for evaluation and processing of an appeal. Where the appeal is for relief from dedication of an easement or other property interest for, or construction of, a facility in the ETJ that is to be dedicated to a county under any interlocal agreement, if applicable, the city engineer shall coordinate a recommendation with the county.
(B) 
The city engineer shall evaluate the appeal and supporting study and shall make a recommendation to city council based upon the information contained in the study, any comments received from the county, and the city engineer's report. The city engineer's recommendation shall present the city's costs of supplying the subdivision with services from its public facilities systems in comparison to the costs attributed to the subdivision by the proportionality determination.
(6) 
Decision.
The city council shall decide the appeal within 30 days following the final submission of any testimony or evidence by the applicant. The council shall base its decision on the criteria listed in subsection (7), below, and may take one of the following actions:
(A) 
Deny the appeal and affirm the required dedication of land for, construction of, or payment of fees for the public infrastructure in accordance with the report;
(B) 
Grant the appeal and waive in whole or in part any dedication of land for, construction of, or payment of fees for the public infrastructure to the extent necessary to achieve rough proportionality; or
(C) 
Grant the appeal and direct that the city participate in the costs of acquiring land for or constructing the public infrastructure under standard participation policies. If the appeal is granted in whole or in part by the council, the commission's decision on the final plat application shall reflect the council's action on the appeal.
(7) 
Criteria for approval.
In deciding an appeal under this section, the city council shall determine whether the application of the standard or condition requiring dedication of land for, construction of, or payment of a fee for public infrastructure is roughly proportionate to the city's costs of supplying services to the subdivision from its public facilities systems for streets, water, wastewater, drainage (stormwater), sidewalk, and park facilities and reasonably benefits the development. In making such determination, the council shall consider the evidence submitted by the applicant, the report from the city engineer, and, where the property or the public infrastructure is located within the ETJ, any recommendations from the county.
(Ordinance 2023-1127-01, sec. 10-39, adopted 11/27/2023)
(a) 
Vested rights petition.
(1) 
Purpose.
The purpose of a vested rights petition is to determine whether one or more standards of these subdivision regulations should not be applied to a plat or subdivision plan application by operation of state law.
(2) 
Applicability.
A vested rights petition may be filed and shall be decided prior to submittal of a plat or subdivision plan application. A petitioner may elect to request a decision on all required plat or subdivision plan applications simultaneously.
(3) 
Effect.
Upon granting of a vested rights petition in whole or in part, the plat or subdivision plan application shall be decided in accordance with the standards specified in the relief order based on prior subdivision requirements.
(4) 
Exceptions.
The procedures in division 2 of this article are not subject to a vested rights petition, nor are the submittal requirements for plat or subdivision plan applications.
(b) 
Petition requirements.
(1) 
Who may petition.
A vested rights petition may be filed by a property owner or the owner's authorized agents, with a preliminary, development plat, or final plat application.
(2) 
Form of petition.
The vested rights petition shall allege that the petitioner has a vested right for some or all of the land subject to the plat application under chapter 245, Texas Local Government Code, or pursuant to section 43.002, Texas Local Government Code, that requires the city to review and decide the application under standards in effect prior to the effective date of these regulations. The petition shall include the following information and documents:
(A) 
A narrative description of the grounds for the petition;
(B) 
A copy of each approved or pending development application which is the basis for the contention that the city may not apply current standards to the plat or subdivision plan application which is the subject of the petition;
(C) 
Documentation reflecting the original date of submittal of the prior application or development plan which is claimed as the basis for vesting;
(D) 
The date the project defined by the prior application or development plan was commenced;
(E) 
Identification of all standards otherwise applicable to the application(s) from which relief is sought;
(F) 
Identification of the standards which the petitioner contends apply to the plat or subdivision plan application;
(G) 
Identification of any current standards which petitioner agrees can be applied to the application(s) at issue; and
(H) 
A copy of any prior vested rights determination by the city involving the same land.
(c) 
Processing of petition and decision.
(1) 
Responsible official.
The city administrator shall review a petition for completeness and where complete, process the vested rights petition. A petition that is incomplete shall be rejected and the applicant shall be notified in writing of the incomplete items within 10 days. An incomplete petition expires if the missing items are not submitted to the administrator within 45 days following the date notice is issued. The petition shall be reviewed by the city administrator in consultation with the city attorney following receipt of the petition.
(2) 
Decision by administrator.
The city administrator shall render a decision on the vested rights petition within 30 days after receiving a complete petition.
(3) 
Appeal of decision.
The petitioner may appeal the city administrator's decision on the vested rights petition within 14 days following the date of such decision to the city council.
(4) 
Decision by council.
The council shall consider the vested rights petition on appeal no later than its first regular meeting that follows the expiration of 30 days from the date the written appeal is received from the owner.
(d) 
Form of action on petition.
The city administrator, or council on appeal, may take any of the following actions:
(1) 
Deny the relief requested in the petition and direct that the plat or subdivision plan application(s) be reviewed and decided under currently applicable standards;
(2) 
Grant the relief requested in the petition and direct that the plat or subdivision plan application be reviewed and decided in accordance with the standards contained in the identified prior subdivision regulations or other than applicable exceptions identified in subsection (a)(4), above; or
(3) 
Grant the relief requested in part and direct that certain identified current standards shall be applied to the plat application, while other standards contained in prior subdivision regulations also shall be applied.
(e) 
Order on petition.
Either the administrator's or council's decision on the petition shall be memorialized in an order stating the following:
(1) 
The nature of the relief granted, if any;
(2) 
The application(s) or development plan(s) which is the basis for any vesting determination;
(3) 
Current standards which shall apply to the plat or subdivision plan application for which relief is sought;
(4) 
Prior subdivision standards which shall apply to the plat application for which relief is sought; and
(5) 
The statutory exception or other grounds upon which relief is denied in whole or in part on the petition.
(f) 
Criteria for approval.
The city administrator, or the council on appeal, shall decide the vested rights petition based upon the following factors:
(1) 
The nature and extent of prior applications or development plans filed or approved for the land subject to the petition;
(2) 
Whether any prior vested rights determinations have been made with respect to the property subject to the petition;
(3) 
Whether any prior approved applications for the property have expired or have been terminated in accordance with law;
(4) 
Whether any statutory exception to vesting applies to the standards in the current subdivision regulations from which the applicant seeks relief; and
(5) 
Whether the project defined by a prior application(s) has expired.
(Ordinance 2023-1127-01, sec. 10-40, adopted 11/27/2023)
(a) 
Pre-construction conference.
(1) 
Purpose.
The purpose of the pre-construction conference is to discuss procedures for project construction prior to construction release under subsection (b), below. The city engineer may furnish a list of typical inspection items, procedures, and acceptance criteria for public infrastructure within public right-of-way and easements to the applicant.
(2) 
Drawings.
All record drawings shall reflect the construction plans, or working drawings, used, corrected, and/or clarified in the field and be signed by the project's design engineer.
(3) 
Requirement and effect.
Following approval of construction plans and prior to commencement of any construction of public infrastructure, the subdivider or his or her engineer(s) and contractors shall attend a pre-construction conference with the city engineer. Following the pre-construction conference, the subdivider/developer may request construction release, as provided in subsection (b), below.
(b) 
Construction release.
Following approval of construction plans and fulfillment of any conditions thereto, the city engineer shall release the plans for commencement of construction of the public infrastructure. The construction release will remain in effect as long as the construction plans are in effect. If the obligation to construct public infrastructure has been deferred, the city engineer shall release plans for commencement of construction following approval of the development plat/final plat, fulfillment of any conditions thereto, and following recordation of the development plat/final plat. No construction release shall be issued until after a pre-construction conference has been held pursuant to subsection (a), above.
(c) 
Inspections.
(1) 
The city engineer shall inspect the construction of public infrastructure while in progress as well as upon completion. The subdivider, or his contractor, shall maintain contact with the city engineer during construction of improvements.
(2) 
Construction shall be in accordance with the approved construction plans. Any significant change in design required during construction shall be made by the applicant's engineer and shall be subject to approval by the city engineer.
(3) 
If the city engineer finds, upon inspection, that any of the required public infrastructure has not been constructed properly and in accordance with the approved construction plans, the applicant shall be responsible for completing and/or correcting the public infrastructure to bring such into compliance.
(d) 
Maintenance during construction.
The subdivider/developer shall maintain all required public infrastructure during construction of the development.
(e) 
Acceptance of improvements.
(1) 
Responsible official.
The city engineer shall be responsible for accepting completed public infrastructure intended for dedication to the city.
(2) 
Final inspection.
After completion of all public infrastructure, franchise utilities, grading, and erosion control, the city engineer shall perform a final inspection before recommending acceptance of the infrastructure.
(3) 
Letter of final acceptance.
When all public infrastructure has been completed, inspected, tested (if applicable), and determined by the city engineer to be in conformance with the approved construction plans and the standards and specifications in division 4 of this article, and when all required documents associated with acceptance of the new improvements, including maintenance bonds, contractors' affidavits of final payment and release, record drawings reflecting the construction plans, or working drawings, used, corrected, and/or clarified in the field and signed by the project's design engineer, have been submitted to the city, the city engineer shall issue a letter of final acceptance to the subdivider.
(4) 
Effect.
Acceptance of the improvements shall mean that the applicant has transferred all rights to all the public infrastructure to the city for title, use, and maintenance.
(5) 
Rejection.
The city engineer shall reject infrastructure that fails to comply with the city's standards and specifications. The city shall enforce the guarantee provided by the improvement agreement.
(6) 
Disclaimer.
Approval of a preliminary plat, development plat, or final plat by the council, or construction plans by the city engineer, shall not constitute acceptance of any of the public infrastructure required to serve the subdivision/development. No public infrastructure shall be accepted for dedication by the city except in accordance with this section.
(7) 
Acceptance of improvements for land in the ETJ.
Where the improvements to be constructed under an improvement agreement are located within the extraterritorial jurisdiction and are to be dedicated to the public, the city engineer shall inform the county that the public infrastructure have been constructed in accordance with approved construction plans and are ready for acceptance by the county.
(8) 
Maintenance bond for accepted improvements.
The subdivider shall furnish the city engineer with a sufficient maintenance bond with a reputable and solvent corporate surety registered with the State of Texas, in favor of the city, to indemnify the city against any repairs. The bond shall remain in effect for 1 year from the date of the city's final acceptance of all public infrastructure. The bond shall be a minimum of 110% of the value of the work constructed, such value to be determined by the city engineer. Final acceptance shall be withheld until said maintenance bond is furnished to the city in a form acceptable by the city attorney.
(Ordinance 2023-1127-01, sec. 10-41, adopted 11/27/2023)