(a)
Plans
for the development of land within the scope of this article shall
be drawn and submitted to the commission and board of aldermen for
their approval or disapproval, as provided in herein.
(b)
Notwithstanding
any provision of this article to the contrary, a developer shall not
commence construction activities within the city's jurisdiction, including
clearing and/or rough grading, before first obtaining all the city
approvals required by this article.
(c)
Generally,
the subdivision process is comprised of four (4) individual steps,
including the concept plan, the preliminary plat, construction plans,
and the final plat. Each step of the development process has established
deadlines and expirations that must be met in order for the application
and any approval(s) granted to remain valid, in effect and eligible
to continue to the next step of, or to complete, the development process.
Compliance with each such established deadline constitutes a separate
required performance and approval.
(Ordinance 040, sec. 20, adopted 4/1/2002; Ordinance adopting Code)
(a)
Purpose.
The purpose of the concept plan is to demonstrate
conformance with the master plan, compatibility of the proposed development
with this article and other applicable city ordinances, and the coordination
of improvements within and among individually platted parcels, sections,
or phases of a development, prior to the consideration of a preliminary
plat.
(1)
A concept plan shall be required for all subdivisions of land, except
as otherwise provided for in this article for short form final plats.
(2)
The concept plan shall include all adjacent and contiguous land,
owned or controlled by the developer or the person, firm or corporation
that sold the tract being developed.
(3)
It shall not be necessary to submit a concept plan on any land more
than once, unless the concept substantially or materially changes,
or approval of the precedent concept plan has expired, as defined
in this article.
(b)
Format.
It is recommended that a concept plan be drawn
on twenty-four by thirty-six inch (24" x 36") sheet(s) at a scale
of one (1) inch equals one (1) hundred feet (1" = 100') or one (1)
inch equals two (2) hundred feet (1" = 200') with all dimensions measured
accurately to the nearest foot.
(c)
Content.
The concept plan shall contain or have attached
thereto:
(1)
Name, address and phone numbers of the developer, record owner, and
authorized agents (engineer, surveyor, land planner, etc.).
(2)
Proposed name of the development; date revised and/or prepared; north
indicator; scale.
(3)
Location map drawn at a scale of two thousand (2,000) feet per inch
showing the area within a one (1) mile radius of the proposed subdivision.
Use of the latest USGS 7.5 minute quadrangle map is recommended.
(4)
A layout of the entire tract and its relationship to adjacent property,
existing development and recorded plats.
(5)
The owner's name, deed or plat reference and property lines of property
within three hundred (300) feet of the development boundaries, as
determined by current tax rolls.
(6)
Topographic contours at ten (10) foot intervals, or less, unless
otherwise approved by the city.
(7)
Proposed major categories of land use by acreage showing compatibility
of land use with, or proposed variance from, the master plan.
(9)
Proposed and existing arterial and collector streets to serve the
general area.
(10)
Location of sites for parks, schools and other public uses, and all
areas of common ownership.
(11)
Significant drainage features and structures including any regulatory
one hundred (100) year floodplains.
(12)
Significant existing features on or within 200 feet of the property,
such as railroads, roads, buildings, utilities and drainage structures.
(13)
Approximate boundaries and anticipated timing of proposed phases
of development.
(14)
Identification of known exceptional topographical, cultural, historical,
archaeological, hydrological and other physical conditions of the
property to be developed, or existing within two hundred (200) feet
of the property, which will require the establishment of reasonable
design standards in excess of the established minimum standards or
require a variance from those established minimum standards as defined
in this article.
(15)
Location of city limit lines and/or outer border of the city's extraterritorial
jurisdiction, as depicted on the city's most recent base map, if either
such line traverses the development or is contiguous to the development's
boundary.
(16)
A proposed phasing plan for the development of future sections.
(d)
Procedure.
A concept plan shall be submitted to the
city for approval by both the commission and the board of aldermen.
(1)
Legible prints, as indicated on the application form, shall be submitted
at least thirty (30) days prior to the regular meeting of the commission
along with the completed application forms, and payment of all applicable
fees and any attendant documents needed to supplement the information
provided on the plan.
(2)
City staff shall review all concept plan submittals for completeness
at the time of application. If in the judgment of city staff, the
concept plan submittal substantially fails to meet the minimal informational
requirements as outlined above, it will not be accepted for review.
(3)
Prior to the commission meeting at which the concept plan is to be
heard, city staff shall review the plan for consistency with city
codes, policies and plans.
(4)
City staff shall prepare a report analyzing the concept plan submittal,
as well as any comments received concerning the concept plan, and
recommending either approval or disapproval of the concept plan. This
report shall be available at least five (5) working days prior to
the commission meeting.
(5)
If the developer chooses to withdraw the concept plan, he/she may
do so in writing delivered by noon of the third working day preceding
the commission meeting. A withdrawn concept plan may be resubmitted
and appear on the next commission agenda after repayment of the applicable
fees.
(e)
Notification.
All owners of property (as determined
by the most recent tax rolls from the county appraisal district),
any part of which is located within three hundred (300) feet of the
perimeter of the land to be developed, shall be notified by mail.
(1)
The developer shall post signs along contiguous rights-of-way at
each corner of the development and at intervals that do not exceed
three hundred (300) feet between said corners. Signs must be in accordance
with the city standard details and specifications.
(2)
The city shall publish a public notice at least once in a newspaper
of general circulation in the city not fewer than fifteen (15) nor
more than thirty (30) days prior to said public hearing.
(3)
The city shall mail public notification forms, postmarked no fewer
than fifteen (15) days prior to the appropriate commission hearing,
to the owners of all property, any part of which is located within
three hundred (300) feet of the perimeter of the property included
within the concept plan.
(f)
Approval.
The commission and board of aldermen, after
holding public hearings in accordance with city ordinances and codes,
shall approve or disapprove the concept plan.
(1)
The failure of either the commission or the board of aldermen to
act within thirty (30) days of the concept plan's respective filing
date with the commission or board of aldermen shall be deemed an approval
of the plan by the respective body, except as otherwise agreed to
by the developer.
(2)
The board of aldermen, within thirty (30) days of the filing date,
shall either confirm the action of the commission, disapprove the
concept plan or request that the commission consider the board of
aldermen's recommendation at the next regularly scheduled commission
meeting.
(3)
The board of aldermen may not delete or amend conditions established
by the commission, but it may attach additional conditions, provided
that such additions do not negate the effect of the commission's conditions.
The respective minutes of the commission and board of aldermen shall
cite findings of fact supporting their actions.
(4)
If the concept plan is resubmitted to the commission for consideration
of the board of aldermen's recommendation, then the subsequent action
of the commission shall be final.
(5)
If applicable, zoning of the tract shall permit the uses proposed
by the concept plan, or a zoning amendment necessary to permit the
proposed uses shall be required prior to approval of the concept plan.
(6)
Approval of a concept plan constitutes acceptance of the general
development and arrangement of lots indicated on the plan; the classification
and arrangement of streets indicated; the proposed phasing plan; and
the nature of utility service proposed. Subsequent zoning approvals
cannot be guaranteed.
(7)
Concept plan approval does not ensure approval of a preliminary plat
failing to meet specific requirements of this article, and approval
does not comprise any vesting of development rights or any assurance
that permits of any kind will be issued.
(8)
Upon approval of the concept plan, the developer shall submit one
(1) mylar copy of the approved concept plan to be kept on file as
a public record in the office of the city.
(g)
Expiration.
The approval of a concept plan shall expire
one (1) year after the filing date unless:
(1)
A preliminary plat on all, or a portion of, the land is filed prior
to such expiration date; or
(2)
An extension is granted by the commission in accordance with this
article; or
(3)
The development proceeds in accordance with an approved phasing plan.
At such time as the development lags one (1) year behind the approved
phasing plan, the approval shall expire if the developer does not,
prior to the expiration date, submit and obtain approval of a written
request for the extension and continuance of the concept plan prior
to expiration.
(4)
If a concept plan expires, it may be reinstated only upon resubmittal
of the unaltered, approved plan to the commission and board of aldermen
and the approval by both bodies. All fees shall be repaid as if the
plan were initially being submitted.
(h)
Extension.
The developer may apply for an extension,
in writing, prior to the end of the initial twelve (12) month period,
stating reasons for needing the extension and demonstrating subsequent
development activity in accordance with this article. Upon receipt
of this written request, the commission may, at its discretion, grant
an additional six (6) month extension so long as the concept plan
remains consistent with the master plan and/or ordinances of the city.
(i)
Revision.
If a revision to a previously approved concept
plan is required, all changes must be completed on the one (1) mylar
copy on file in the office of the city, and resubmitted to the commission
and board of aldermen for approval. All fees shall be repaid as if
the concept plan was initially being submitted.
(Ordinance 040, sec. 21, adopted 4/1/2002; Ordinance adopting Code)
(a)
Purpose.
The preliminary plat provides detailed graphic
information and associated text indicating property boundaries, easements,
land use, streets, utilities, drainage, and other information required
to evaluate proposed subdivisions of land. A preliminary plat shall
be required for any subdivision of land, except as otherwise provided
for in this article, subsequent to concept plan approval.
(b)
Format.
It is recommended that the preliminary plat
be drawn on twenty-four by thirty-six inch (24" x 36") sheet(s) at
a scale of one (1) inch equals one hundred feet (1" = 100') with all
dimensions labeled accurately to the nearest foot. When more than
one (1) sheet is necessary to accommodate the entire area, an index
sheet showing the entire subdivision at a scale of one (1) inch equals
four hundred feet (1" = 400') shall be attached to the plat.
(c)
Content.
The preliminary plat shall include all of the
tract intended to be developed at one (1) time, and any off-site improvements
required to accommodate the project. The preliminary plat shall contain
or have attached thereto:
(1)
General information.
(A)
Name, address and phone numbers of the developer, record owner, and
authorized agents (engineer, land planner, etc.).
(B)
The proposed name of the subdivision, which shall not have the same
spelling or be pronounced similarly to the name of any other subdivision
located within the city or within the extraterritorial jurisdiction
of the city, provided however that use of the same base names for
different sections or phases is required when the units are contiguous
with their namesakes and individually identified by a section or phase
number.
(C)
The date, scale, and north indicator.
(D)
A location map showing the relation of the subdivision to streets
and other prominent features in all directions for a radius of at
least one (1) mile using a scale of one (1) inch equals two thousand
feet (1" = 2,000'). The latest edition of the USGS 7.5 minute quadrangle
map is recommended.
(E)
The owner's name, deed or plat reference and property lines of property
within three hundred (300) feet of the subdivision boundaries as determined
by the most recent tax rolls.
(F)
Certification and signature blocks as required by the city and the
county.
(G)
The total acreage of the property to be subdivided and the subtotals
by land use.
(2)
Existing conditions.
(A)
The existing property lines, including bearings and distances, of
the land being subdivided. Property lines shall be drawn sufficiently
wide to provide easy identification.
(B)
The location of existing watercourses, dry creek beds, wells, sinkholes
and other similar topographic features.
(C)
Significant trees, within the boundaries of the subdivision and of
8-inch caliper and larger, shall be shown accurately to the nearest
one (1) foot. Critical root zones of these trees shall also be shown.
(D)
Centerline of watercourses, creeks, existing drainage structures
and other pertinent data shall be shown.
(E)
Areas subject to flooding shall be shown, delineating the regulatory
one hundred (100) year floodplain, and any other floodplains identified
in the city's master drainage plan.
(F)
Topographic data indicating one (1) foot contour intervals for slopes
less than 5%, two (2) foot contour intervals for slopes between 5%
and 10%, and five (5) foot contour intervals for slopes exceeding
10%. The contoured area shall extend outward from the property boundary
for a distance equal to twenty-five percent (25%) of the distance
across the tract, but not fewer than fifty (50) feet nor more than
two hundred (200) feet.
(G)
The locations, sizes and descriptions of all existing utilities,
including but not limited to wastewater lines, lift stations, wastewater
and storm sewer manholes, water lines, water storage tanks, and wells
within the subdivision, and/or adjacent thereto.
(H)
The location, dimensions, names and descriptions of all existing
or recorded streets, alleys, reservations, railroads, easements or
other public rights-of-way within the subdivision, intersecting or
contiguous with its boundaries or forming such boundaries, as determined
from existing deed and plat records. The existing right-of-way width
of any boundary street to the proposed subdivision shall also be shown.
(I)
The location of city limit lines and/or outer border of the city's
extraterritorial jurisdiction, as depicted on the city's most recent
base map, if either traverses the subdivision or is contiguous to
the subdivision boundary.
(3)
Improvements.
(A)
The location, size and description of any proposed drainage appurtenances,
including storm sewers, detention ponds and other drainage structures
proposed to be constructed on and off the site, and designed in accordance
with the requirements of this article.
(B)
The developer shall include a copy of the complete application for
floodplain map amendment or revision, as required by the Federal Emergency
Management Agency (FEMA), if applicable.
(C)
The location, dimensions, names and descriptions of all proposed
streets, alleys, parks, open spaces, blocks, lots, reservations, easements
and rights-of-way; and areas within the subdivision indicating the
connection to or continuation of other improvements in adjacent subdivisions.
(D)
The location of building setback lines indicated by dashed lines
on the plat.
(E)
Numbers to identify each lot and each block.
(F)
The lengths of each proposed property line of all lots. The area
of each non-rectangular lot shall be provided.
(G)
Significant trees to remain during construction showing the critical
root zones as solid circles, and significant trees designated to be
removed showing the critical root zones as dashed circles.
(H)
Replacement trees shall be shown on the preliminary plat based on
a replacement ratio (inches removed to inches planted) of:
(i)
1:2 for significant trees eighteen (18) inches in caliper and
larger; and
(ii)
1:1 for significant trees between eight (8) and eighteen (18)
in caliper.
(iii)
Replacement trees shall not be required for the removal of trees
smaller than eight (8) inches in caliper. The removal of significant
trees larger that eighteen inches in caliper requires commission approval.
(4)
Support documents.
(A)
A drainage study, consisting of a drainage area map with contours,
location and capacities of existing and proposed drainage features,
and calculations in accordance with this article and good engineering
practices, shall be provided to ensure the property will be developed
in accordance with city drainage policies.
(B)
Utility demand data, consistent with the proposed uses indicated
on the preliminary plat, to determine the adequacy and the consistency
of proposed utility improvements.
(C)
A letter of certification, when applicable, that the plat has been
submitted to the county health district for review (applicable to
all projects proposing septic systems and/or containing any portion
of the regulatory one hundred (100) year floodplain outside of the
city limits).
(5)
Accuracy of data.
The applicant shall be responsible
for verifying the accuracy of all data submitted, including that which
might be obtained from the city, excepting that data which can only
be obtained from the city.
(d)
Procedure.
A preliminary plat for any proposed subdivision
of land, shall be submitted to the city for commission approval.
(1)
Legible prints, as indicated on the application form, shall be submitted
at least thirty (30) days prior to the regular meeting of the commission
at which the preliminary plat is to be heard, along with the following:
(A)
Completed application forms and the payment of all applicable fees.
(B)
A summary letter stating briefly the type of street surfacing, drainage,
water and wastewater facilities proposed, and declaring the intent
to either dedicate parkland or pay fees-in-lieu of said dedication
if such dedication or fees apply.
(C)
A petition requesting annexation, if applicable.
(D)
A letter requesting any variances from the provisions of this article.
(E)
Any attendant documents needed to supplement the information provided
on the preliminary plat.
(2)
For projects located within the city's extraterritorial jurisdiction,
one (1) extra copy of the above-referenced items must be provided
to the county for review and approval. The applicant shall be responsible
for any additional information required by the county for preliminary
plan approval.
(3)
City staff shall review all preliminary plat submittals for completeness
at the time of application. If, in the judgment of city staff, the
preliminary plat submittal substantially fails to meet the minimal
informational requirements as outlined above, it will not be accepted
for review.
(4)
Prior to the commission meeting at which the preliminary plat is
presented, city staff shall review the plat for consistency with city
ordinances, codes, policies and plans.
(5)
City staff shall prepare a report analyzing the preliminary plat
submittal, as well as any comments received concerning the concept
plan, and recommending either the approval or disapproval of the preliminary
plat. This report shall be available at least five (5) working days
prior to the commission meeting.
(6)
If the developer chooses to withdraw the preliminary plat, in writing,
by noon of the third working day preceding the meeting [of the] commission,
the submittal may appear on the next commission agenda after repayment
of the applicable fees.
(e)
Notification.
Public notification for a preliminary
plat shall be the same as the notification procedures for the concept
plan.
(1)
Approval.
The commission, after holding public hearings
in accordance with city ordinances and codes, shall act on the request
for preliminary plat approval.
(2)
The failure of the commission to act within thirty (30) days of the
preliminary plat filing date shall be deemed an approval of the plat,
except as otherwise agreed to by the developer.
(3)
Zoning of the tract, if applicable, that shall permit the uses proposed
by the preliminary plat, or any pending zoning amendment necessary
to permit the proposed uses shall have been adopted by the board of
aldermen prior to approval of the preliminary plat.
(4)
Approval of the preliminary plat shall not constitute approval of
the final plat, but shall constitute a vesting of the right to develop
under city ordinances, codes and policies in effect on the date of
the approval provided that neither the preliminary plat nor any subsequent
plat or permit has been, or is, allowed to expire.
(5)
The developer should be aware that specific approvals from other
agencies may be required.
(6)
Upon approval of the preliminary plat, the developer shall furnish
one (1) mylar reproducible copy of the approved plat to be kept on
file at the city as public record.
(f)
(g)
Extension.
The developer may apply for an extension,
in writing, prior to the end of the initial twelve (12) month period,
stating reasons for needing the extension and demonstrating pursuit
of approvals for construction plans and/or final plat in accordance
with this article. Upon receipt of this written request, the commission
may, at its discretion, grant up to a two (2) year extension so long
as the preliminary plat remains consistent with the master plan and/or
ordinances of the city.
(h)
Revision.
If a revision to a previously approved preliminary
plat is required, then no application for final plat shall be accepted
until the revised preliminary plat has been submitted and approved
by the commission. This signed, approved document shall be kept on
file as public record in the offices of the city.
(i)
Responsibility.
Notwithstanding the approval of any
preliminary plat by the board of aldermen, the commission or the city
engineer, the developer and the engineer that prepares and submits
such plats shall be and remain responsible for the adequacy of the
design and nothing in this article shall be deemed or construed to
relieve or waive the responsibility of the developer or his/her engineer
for or with respect to any plat submitted.
(Ordinance 040, sec. 22, adopted 4/1/2002; Ordinance adopting Code)
(a)
Purpose.
Construction plans, based upon the approved
preliminary plat, and consisting of detailed specifications and diagrams
illustrating the location, design, and composition of all improvements
identified in the preliminary plat phase and required by this article
and other applicable city ordinances, codes and policies, shall be
submitted to the city for approval. In addition, any project that
necessitates the construction, reconstruction or modification of existing
city infrastructure shall also be submitted to the city for approval.
The plans shall be kept by the city as a permanent record of required
improvements in order to:
(1)
Provide better records that facilitate the operation and maintenance
of, and any future modifications to existing city infrastructure.
(2)
Provide data for evaluation of materials, methods of construction
and design.
(3)
Provide documentation of approved public improvements to ensure that
all such improvements are built to city standards and specifications.
(4)
No final plat shall be certified by the city, and no construction
activities shall commence, until such time as construction plans completely
describing the on-site and off-site improvements required by this
article and other applicable city ordinances and codes, have been
approved by the city engineer.
(b)
Format.
Drawings shall be on twenty-four inch by thirty-six
inch (24" x 36") sheets at generally accepted horizontal and vertical
engineering scales.
(c)
Content.
Construction plans shall include all on-and
off-site improvements required to serve the proposed development as
indicated on the approved preliminary plat and in compliance with
applicable ordinances, codes, standards and policies of the city,
and other applicable governmental entities. All construction plans
shall be signed and sealed by a registered professional engineer,
licensed to practice in the State of Texas, and shall contain or have
attached thereto:
(1)
Cover sheet.
(A)
The appropriate project name, date, and the name, addresses and phone
numbers of the developer, engineer and surveyor, etc.
(B)
A location map showing the relation of the subdivision to streets
and other prominent features in all directions for a radius of at
least one (1) mile using a scale of one inch equals two thousand feet
(1" = 2,000'). The latest edition of the USGS 7.5 minute quadrangle
map is recommended.
(2)
Street and roadway systems.
(A)
The horizontal layouts and alignments showing geometric data and
other pertinent design details. The horizontal layout shall also show
the direction of storm water flow and the location of manholes, inlets
and special structures;
(B)
Vertical layouts and alignments showing existing and proposed centerline,
right and left right-of-way line elevations along each proposed roadway;
(C)
Typical right-of-way cross-sections showing pertinent design details
and elevations as prescribed in the city standard details and specifications;
(D)
Typical paving sections showing right-of-way width, lane widths,
median widths, shoulder widths, and pavement recommendations;
(E)
Attendant documents containing any additional information required
to evaluate the proposed roadway improvements, including geotechnical
information; and [sic]
(3)
Drainage improvements.
(A)
Detailed design of all drainage facilities as indicated in the preliminary
plat phase, including typical channel or paving section, storm sewers
and other storm water control facilities.
(B)
Typical channel cross-sections, plan and profile drawings of every
conduit/channel shall be shown.
(C)
Existing and proposed topographic conditions indicating one (1) foot
contour intervals for slopes less than 5%, two (2) foot contour intervals
for slopes between 5% and 10%, and five (5) foot contour intervals
for slopes exceeding 10%, and referenced to a United States Geological
Survey or Coastal and Geodetic Survey benchmark or monument.
(D)
Attendant documents containing design computations in accordance
with this article, and any additional information required to evaluate
the proposed drainage improvements.
(E)
A copy of the complete application for floodplain map amendment or
revision, as required by the Federal Emergency Management Agency (FEMA),
if applicable.
(4)
Erosion and sedimentation controls.
(A)
Proposed fill or other structure elevating techniques, levees, channel
modifications and detention facilities.
(B)
Existing and proposed topographic conditions with vertical intervals
not greater than one (1) foot referenced to a United States Geological
Survey or Coastal and Geodetic Survey benchmark or monument.
(C)
The location, size, and character of all temporary and permanent
erosion and sediment control facilities with specifications detailing
all on-site erosion control measures which will be established and
maintained during all periods of development and construction.
(D)
Contractor staging areas, vehicle access areas, temporary and permanent
spoils storage areas.
(E)
A plan for restoration for the mitigation of erosion in all areas
disturbed during construction.
(5)
Water distribution systems.
(A)
The layout, size and specific location of the existing and proposed
water mains, pump stations, storage tanks and other related structures
sufficient to serve the proposed land uses and development as identified
in the preliminary plat phase and in accordance with the city standard
details and specifications.
(B)
The existing and proposed location of fire hydrants, valves, meters
and other fittings.
(C)
Design details showing the connection with the existing city water
system.
(D)
The specific location and size of all water service connections for
each individual lot.
(E)
Attendant documents containing any additional information required
to evaluate the proposed water distribution system.
(6)
Wastewater collection systems.
(A)
The layout, size and specific location of the existing and proposed
wastewater lines, manholes, lift stations, and other related structures
sufficient to serve the land uses and development as identified in
the preliminary plat phase, in accordance with all current city standards,
specifications, and criteria for construction of wastewater systems.
(B)
Plan and profile drawings for each line in public rights-of-way or
public utility easements, showing existing ground level elevation
at centerline of pipe, pipe size and flow line elevation at all bends,
drops, turns, and station numbers at fifty (50) foot intervals.
(C)
Design details for manholes and special structures. Flow line elevations
shall be shown at every point where the line enters or leaves the
manholes.
(D)
Detailed design for lift stations, package plants or other special
wastewater structures.
(E)
Attendant documents containing any additional information required
to evaluate the proposed wastewater system, and complete an application
for department of state health services approval.
(7)
Street lighting. The location, size, type and description of street
lights according to city standard details and specifications.
(8)
Street signs. The location, size, type and description of street
signs according to city standard details and specifications.
(9)
Sidewalks. The location, size and type of sidewalks and pedestrian
ramps according to city standard details and specification.
(10)
Improvements for parks and other public and common areas, as identified
and/or approved on the preliminary plat.
(11)
The location, size and description of all significant trees (to remain
and to be removed), and replacement trees to meet the requirements
of this article.
(12)
Landscaping and screening. The location, size and description of
all landscaping and screening materials as required by this article.
(13)
Design criteria. Final design criteria, reports, calculations, and
all other related computations, if not previously submitted with the
preliminary plat.
(14)
Cost estimates. A cost estimate of each required improvement, prepared,
signed and sealed by a professional engineer licensed to practice
in the State of Texas.
(d)
Procedure.
After all necessary approvals of the preliminary
plat have been granted, construction plans, together with a completed
application form and review fee, shall be submitted to the city engineer
for approval.
(1)
Construction plans may be submitted for review and approval simultaneously
with a final plat, provided however that the final plat shall not
be approved until the construction plans have been approved. If the
construction plans and the final plat are to be reviewed simultaneously,
a complete application for construction plans and a complete application
for final plat must be submitted to the city simultaneously.
(2)
City staff shall review all construction plan submittals for completeness
at the time of application. If in the judgment of the city, the construction
plan submittal substantially fails to meet the minimal informational
requirements as outlined above, it will not be accepted for review.
(3)
The city engineer shall review the construction plans to insure compliance
with this article, and other applicable city ordinances, codes, standards
and specifications, and good engineering practices.
(4)
For projects located within the city's extraterritorial jurisdiction,
the construction plans and attendant documents shall be provided to
the county for review and approval. The applicant shall be responsible
for any additional information required by the county for construction
plan approval.
(e)
Approval.
Within thirty (30) days of the date on which
all required information has been accepted for review, the city engineer
shall either approve or disapprove the construction plans.
(1)
If the construction plans are disapproved, the city engineer shall
notify the applicant, in writing, of disapproval and indicate the
requirements for bringing the construction plans into compliance.
(2)
If construction plans are approved, then the city engineer shall
sign the cover sheet of the construction plans, returning one (1)
signed copy to the applicant and retaining the other signed copy for
city records.
(3)
The developer should be aware that specific approvals from other
agencies may be required.
(4)
All improvements shown in the approved construction plans shall be
constructed pursuant to and in compliance with the approved plans,
except as otherwise specifically approved.
(f)
Revision.
Where it becomes necessary, due to unforeseen
circumstances, for corrections to be made to construction plans for
which approval has already been obtained, the city engineer shall
have the authority to approve such corrections when, in his/her opinion,
such changes are warranted and also in conformance with city requirements.
Approval of such changes agreed to between the developer and city
engineer shall be noted by initialing and dating by both parties on
the two (2) original signed copies of the construction plans.
(g)
Responsibility.
Notwithstanding the approval of any
construction plans by the board of aldermen, the commission or the
city engineer, the developer and the engineer that prepares and submits
such plans and specifications shall be and remain responsible for
the adequacy of the design of all such improvements; and nothing in
this article shall be deemed or construed to relieve or waive the
responsibility of the developer or his/her engineer for or with respect
to any design, plans and specifications submitted.
(Ordinance 040, sec. 23, adopted 4/1/2002; Ordinance adopting Code)
(a)
Purpose.
The final plat provides detailed graphic information
and associated text indicating property boundaries, easements, streets,
utilities, drainage, and other information required for the maintenance
of public records of the subdivision of land.
(b)
Format.
The final plat shall be drawn on eighteen inch
by twenty-four inch (18" x 24") mylar sheets at a scale of one (1)
inch equals one hundred feet (1" = 100') with all dimensions labeled
accurately to the nearest one tenth (1/10) of a foot. When more than
one (1) sheet is necessary to accommodate the entire area, an index
sheet showing the entire subdivision at a scale of one (1) inch equals
four hundred feet (1" = 400') shall be attached to the plat.
(c)
Content.
The final plat shall include all of the tract
intended to be developed at one (1) time, and shall contain or have
attached thereto:
(1)
General information.
(A)
The proposed name of the subdivision, which shall not have the same
spelling or be pronounced similarly to the name of any other subdivision
located within the city or within the extraterritorial jurisdiction
of the city; provided however, that use of the same base names for
different sections or phases is required when the units are contiguous
with their namesakes and individually identified by a section number.
(B)
The date, scale, north point, addresses of the owner of record, developer,
registered public surveyor, and registered professional engineer if
required, platting the tract. The engineer and surveyor shall affix
their seals to the plat in conjunction with the signing of the certification
requirements.
(C)
A location map showing the relation of the subdivision to streets
and other prominent features in all directions for a radius of at
least one (1) mile using a scale of one (1) inch equals two thousand
feet (1" = 2,000'). The latest edition of the USGS 7.5 minute quadrangle
map is recommended.
(D)
Identification and location of proposed uses and reservations for
all lots within the subdivision.
(E)
The owner's names and the property lines of property within three
hundred (300) feet of the subdivision boundary, together with the
respective plat or deed references as determined by the most recent
tax rolls.
(F)
Certification, signature and revision blocks as required by the city
and county, including but not limited to the following:
(G)
Certification from a registered professional engineer and approval
by the department of state health services (if applicable) that water
satisfactory for human consumption is available in adequate supply
at the time of submission, except that such certification is not required
if the property will be served by the city water system.
(H)
Certification from the county health district that a subdivision
is located in an area which cannot reasonably be served by an organized
wastewater collection system and that the use of septic tank or other
means of disposal has been approved by the county health district.
Said certificate shall show the limitations, if any, of such approval.
(I)
Lot area, width and depth, public utility and drainage easements,
and setbacks shall conform to the requirements as established for
the designated land use as set forth in this article.
(2)
Existing conditions.
(A)
The existing property lines, including bearings and distances, of
the land being subdivided. Property lines shall be drawn sufficiently
wide to provide easy identification.
(B)
Areas delineating the regulatory one hundred (100) year floodplain,
if applicable. This information must be certified by a registered
professional engineer.
(C)
The location, dimensions, names and descriptions of all existing
and recorded streets, alleys, reservations, railroads, easements or
other public rights-of-way within the subdivision, intersecting or
contiguous with its boundaries or forming such boundaries, as determined
from current deed and plat records. The existing right-of-way width
of any boundary street to the proposed subdivision shall also be shown.
(D)
Location of city limit lines and/or outer border of the city's extraterritorial
jurisdiction, as depicted on the city's most recent base map, if either
such line traverses the subdivision or is contiguous to the subdivision
boundary.
(3)
Survey control information.
(A)
True bearings and distances to the nearest established street lines,
official monuments, or existing subdivision corner which shall be
accurately described on the plat and rotated to the state plane coordinate
system. Using said system, X and Y coordinates shall be identified
for four (4) property corners.
(B)
The description and location of all permanent monuments or benchmarks,
standard monuments, survey control points and lot pins.
(C)
Suitable primary control points to which all dimensions, bearings
and similar data shall be referenced. At least one (1) corner of the
subdivision shall be located with respect to a corner of the original
survey of which it is a part.
(D)
Sufficient data shall be shown on the plat for each lot to prove
mathematical closure.
(4)
Improvements.
(A)
The location, bearings, distances, widths, purposes and approved
names of proposed streets, alleys, easements and rights-of-way to
be dedicated to public use.
(B)
Streets. Provide complete curve data (delta, arc length, radius,
tangent, point of curve, point of reverse curve, point of tangent,
long chord with bearing) between all lot corner pins.
(C)
Watercourses and easements. Provide distances to be provided along
the side lot lines from the right-of-way line or the high bank of
a stream. Traverse line to be provided along the edge of all major
waterways in a convenient location, preferably along a utility easement
if paralleling the drainage easement or stream.
(D)
The property lines and number designations of all proposed lots and
blocks, with complete bearings, distances and dimensions for front,
rear and side lot lines. The surveyor shall certify that all lots
meet the city's minimum requirements set forth herein.
(E)
The use, property dimensions, names and boundary lines of all special
reservations to be dedicated for public use, including sites for schools,
churches, parks and open spaces; common ownership; or subsequent development.
(F)
The location of building setback lines, as required by the city's
zoning ordinance and indicated by dashed lines on the plat, and the
location, dimensions, and descriptions of all required easements within
the subdivision, intersecting, or contiguous with its boundaries or
forming such boundaries.
(G)
The proposed location of sidewalks for each street, to be shown as
a dotted line inside the proposed right-of-way lines.
(5)
Support documents.
The following supporting documents
must accompany the final plat:
(A)
The developer shall include a copy of the approved application for
floodplain map amendment or revision, as required by the Federal Emergency
Management Agency (FEMA), if applicable.
(B)
If a subdivision is located in an area served by any utility other
than the city, the developer shall furnish a letter from such utility
certifying their approval of the location of the utility easements
shown on the plat and indicating the utility's intent to serve the
property, except that said letters are not required if the easements
conform to those approved on the preliminary plat.
(C)
If the construction of all improvements needed to serve the subdivision
is not completed prior to the filing of the plat for recordation then
the developer must provide financial assurance for the completion
of the remainder of those improvements in accordance with this article.
(6)
The applicant shall be responsible for verifying the accuracy of
all data submitted.
(d)
Procedure.
After approval of the preliminary plat and
construction plans for a proposed subdivision, a final plat for that
subdivision shall be submitted to the city for commission approval
before recordation.
(1)
A final plat may be submitted for review and approval simultaneously
with construction plans, provided however that the final plat shall
not be approved until the construction plans have been approved. If
the final plat and construction plans are to be reviewed simultaneously,
a complete application for final plat and a complete application for
construction plans must be submitted to the city simultaneously.
(2)
Legible prints, as indicated on the application form, shall be submitted
at least thirty (30) days prior to the regular meeting of the commission
at which the final plat is to be heard, along with the following:
(A)
Completed application forms and the payment of all applicable fees.
(B)
Any materials or documents required by the commission and/or board
of aldermen as a condition of preliminary plat approval.
(C)
A letter requesting any variances from the provisions of this article,
if not previously approved as part of the preliminary plat, and posted
pursuant to the requirements [of] this article.
(D)
Two (2) copies of the deed restrictions or covenants, if such documents
are to be used. These shall be filed for record in conjunction with
the filing of the final plat.
(E)
Certification from all applicable taxing authorities that all taxes
due on the property have been paid.
(F)
Performance and maintenance guarantees as required by the city.
(G)
Any attendant documents needed to supplement the information provided
on the final plat.
(3)
For projects located within the city's extraterritorial jurisdiction,
one (1) extra copy of the above-referenced items must be provided
to the county for review and approval. The applicant shall be responsible
for any additional information required by the county for final plat
approval.
(4)
City staff shall review all final plat submittals for completeness
at the time of application. If, in the judgment of city staff, the
final plat submittal substantially fails to meet the minimal informational
requirements as outlined above, it will not be accepted for review.
(5)
Prior to the commission meeting at which the final plat is presented,
city staff shall review the plat for consistency with city codes,
policies and plans.
(6)
City staff shall prepare a report analyzing the final plat submittal,
as well as any comments received concerning the preliminary plat,
and recommending the either approval or disapproval of the final plat.
This report shall be available at least five (5) working days prior
to the commission meeting.
(7)
If the developer chooses to withdraw the final plat, in writing,
by noon of the third working day preceding the meeting [of the] commission,
the submittal may appear on the next commission agenda after repayment
of the applicable fees.
(e)
Notification.
Public notification of final plats filed
as part of an approved preliminary plat shall not be required.
(f)
Approval.
The commission, after holding a public hearing,
shall act on the request for final plat approval.
(1)
The failure of the commission to act within thirty (30) days of the
final plat filing date shall be deemed an approval of the plat, except
as otherwise agreed to by the developer.
(2)
For final plats submitted simultaneously with a construction plans,
the failure of the commission to act within thirty (30) days of the
later of the filing date or the construction plan approval date shall
be deemed an approval of the final plat, except as otherwise agreed
to by the developer.
(3)
The developer shall begin construction of the required public improvements
or file a financial surety instrument for the improvements within
six (6) months after final plat approval by the commission, or such
approval of the final plat shall be void.
(4)
Unless the final plat is recorded in the official county records
within twelve (12) months after approval by the commission, such approval
of the final plat shall be void, except that the developer may apply
in writing to allow extension of approval prior to the end of such
twelve (12) month period, stating just cause therefor, and the commission
may grant an extension not to exceed one (1) year.
(5)
Zoning of the tract, if applicable, that shall permit the proposed
use, or any pending zoning amendment necessary to permit the proposed
use shall, have been adopted by the board of aldermen prior to approval
of the final plat.
(6)
The developer should be aware that specific approvals from other
agencies may be required.
(7)
The city engineer and developer's engineer must certify that the
design standards of division 3 of this article have been complied
with and that the development and improvements meet sound engineering
practices.
(g)
Revision.
If revision of the final plat is required
by the commission, then the final plat shall not be recorded until
the revised final plat has been resubmitted and approved by city staff
for compliance with the commission's requirements, and the board of
aldermen's requirements, if any, established by the board of aldermen
during its consideration of the concept plan.
(h)
Recordation.
(1)
Prior to the recordation of the final plat, one (1) original copy
of the final plat shall be submitted to the city for signatures, and:
(A)
The final plat shall have been approved by the commission pursuant
to the provisions of this article.
(B)
All conditions of final plat approval established by the commission
shall have been determined to be complete by city staff.
(C)
Construction plans for all required improvements shall have been
approved by the city engineer.
(D)
Fees-in-lieu of parkland dedication as required by this article,
if applicable, shall have been paid.
(E)
Performance and maintenance guarantees for all required improvements
shall have been established pursuant to this article.
(F)
Copies of any agreements required providing for the proper and continuous
operation, maintenance, and supervision of any facilities that are
of common use or benefit which cannot be satisfactorily maintained,
or which have been rejected for operation and/or maintenance, by an
existing public agency shall be executed.
(G)
Written acceptance of all improvements required by this article by
the city engineer or, in lieu of acceptance, assurance of completion
of said improvements pursuant to this article, shall be received by
the city.
(H)
Applicable fees pursuant to city ordinance shall be paid, including,
but not limited to, all professional fees, engineer, and attorney
fees incurred by the city for or with respect to the review, processing
and approval of the application for the approval of the subdivision
plat.
(I)
Notes shall be added to the plat describing any variances approved
by the commission.
(2)
City staff shall, upon determination that all provisions of this
article have been satisfied, and all the above conditions have been
met, obtain signatures certifying final plat approval by the chairperson
of the commission, and the mayor, as attested to by the city secretary.
(3)
Once the original final plat has been certified by the chairperson
of the commission and the mayor, city staff shall notify the developer
that the original final plat is ready for reproduction.
(4)
The developer, at his/her own expense, shall make two (2) photographic
mylar copies of the original, signed final plat, and return the photographic
mylar copies and the original final plat to the city engineer for
recordation.
(5)
If the land area represented by the subdivision is located outside
the corporate limits of the city on the date of its filing for recordation
with the official county records, then it must be approved by the
commissioners court of the county prior to recordation. It shall be
the responsibility of the developer to be familiar with the process,
procedures, and requirements necessary to secure county approval.
Such approval shall be evidenced by the signature of the statement
of certification by the county judge.
(6)
City staff shall, after the photographic mylar copies and the original
final plat have been duly recorded in the official county records,
return the original final plat to the developer within five (5) working
days by notifying the developer that the original final plat is available
for pickup at the office of the city engineer.
(7)
The city shall keep one (1) photographic mylar copy of the original
approved final plat on file as public record.
(i)
Responsibility.
Notwithstanding the approval of any
final plat by the board of aldermen, commission or the city engineer,
the developer and the engineer that prepares and submits such plats
shall be and remain responsible for the adequacy of the design and
nothing in this article shall be deemed or construed to relieve or
waive the responsibility of the developer or his/her engineer for
or with respect to any plat submitted.
(Ordinance 040, sec. 24, adopted 4/1/2002; Ordinance adopting Code)
(a)
Purpose.
An amended plat that meets all of the informational
requirements set forth in this article may be approved and recorded
by the city without vacation of the preceding plat, without a public
hearing, and without approval of other lot owners within the platted
subdivision provided that any persons with a vested interest affected
by the plat amendment signs the plat and application; and that the
purpose of the amended plat is:
(1)
To correct an error in any course or distance shown on the preceding
plat; or
(2)
To add any course or distance that was omitted on the preceding plat;
or
(3)
To correct an error in the description of the real property shown
on the preceding plat; or
(4)
To indicate monuments set after death, disability, or retirement
from practice of the engineer or surveyor charged with responsibilities
for setting monuments; or
(5)
To show the proper location or character of any monument which has
been changed in location, character, or shown incorrectly on the preceding
plat; or
(6)
To correct any other type of scrivener or clerical error or omission
as previously approved by the commission and board of aldermen; such
errors and omissions may include, but are not limited to: lot numbers,
acreage, street names, and identification of adjacent recorded plats;
or
(7)
To correct an error in courses and distances of lot lines between
two (2) adjacent lots where lot owners join in the application for
an amended plat and neither lot is abolished, provided that such amendment
does not attempt to remove recorded covenants or restrictions and
does not have a material adverse effect on the property rights of
the other owners in the plat; or
(8)
To relocate a lot line in order to cure an inadvertent encroachment
of a building or improvement on a lot line or on an easement; or
(9)
To relocate one (1) or more lot lines between one (1) or more adjacent
lots where the owner or owners of all such lots join in the application
for the amended plat, provided that such amendment does not attempt
to remove recorded covenants or restrictions, or increase the number
of lots.
(b)
Format.
The format of an amended plat shall be the same
as the format for a final plat.
(c)
Content.
The content of a amended plat shall be the
same as the content requirements for a short form final plat.
(d)
Procedure.
(1)
The amended plat may be submitted without re-approval of a preliminary
plat or construction plans. The amended plat, prepared by a surveyor,
and engineer if required, and bearing their seals shall be submitted
to the city for approval before recordation of the plat.
(2)
Legible prints, as indicated on the application form shall be submitted
to the city along with the following:
(A)
Completed application forms and the payment of all applicable fees.
(B)
Certification from all applicable taxing authorities that all taxes
due on the property have been paid.
(C)
Any attendant documents needed to supplement the information provided
on the plat.
(D)
The city shall require the following note on the amended plat:
This subdivision is subject to all general notes and restrictions
appearing on the plat of __________, Lot(s) __________, recorded at
Cabinet __________, Slide __________ of the Plat Records of __________
County, Texas.
(e)
Notification.
Public notification and public hearings
shall not be required for an amended plat.
(f)
Approval.
The city engineer shall approve any amended
plat meeting the requirements of this article within thirty (30) days
of receipt of a complete submittal. However, if in the city engineer's
determination, the amended plat does not satisfy this article, the
city engineer may require the plat to be processed in accordance with
the final plat procedures of this article.
(g)
Expiration.
Approval of an amended plat shall expire
if said plat is not recorded in the plat records of the county within
six (6) months of city approval.
(h)
Recordation.
Recordation of an amended plat shall follow
the same recordation provisions of a final plat.
(i)
Responsibility.
Notwithstanding the approval of any
amended plat by the city engineer, the developer and the engineer
that prepares and submits such plats shall be and remain responsible
for the adequacy of the design and nothing in this article shall be
deemed or construed to relieve or waive the responsibility of the
developer or his/her engineer for or with respect to any plat submitted.
(Ordinance 040, sec. 25, adopted 4/1/2002; Ordinance adopting Code)
(a)
Purpose.
The provision of adequate data concerning land
use, utility requirements, traffic impact, streets, easements and
dedications is vital to ensure the continued health, safety and welfare
of the city's residents. Recognizing that the significance of this
data is reduced for the small scale projects that are most heavily
impacted by the burden of producing this data, the city allows alternate
procedures for simple resubdivisions, lot splits, and the platting
of existing development and of land proposed for site development
where public improvements are not required.
(1)
Applicants for subdivisions or resubdivisions creating no more than
four (4) new lots may follow the procedure set forth below provided
that the subdivision meets all of the following criteria:
(A)
The city shall certify that the proposed subdivision meets all the
requirements of the short form final plat.
(B)
No new public street shall be necessary for each lot to access a
public street.
(C)
Each of the lots is contiguous with at least one (1) of the other
lots in the subdivision for a distance of at least fifty (50) feet.
(D)
No off-site improvements to the city's infrastructure are determined
to be necessary by the city engineer.
(E)
No off-site drainage improvements are determined to be necessary
by the city engineer.
(2)
The commission may require the standard final plat procedures outlined
this article, if the city determines that the plat is inconsistent
with any element of the master plan, or any established city ordinances,
codes or policies.
(b)
Format.
The format of the short form final plat shall
correspond with the format for final plats as required by this article.
(c)
Content.
The content of the short form final plat shall
correspond with the content for final plats as required by this article,
except that:
(1)
Construction plans may not be required.
(2)
The city may permit omission of any informational requirements that
are determined by the city to place an excessive burden on the applicant,
including, but not limited to contours, centerlines of existing watercourses,
etc.
(3)
The city shall require the following note on the final plat:
This subdivision is subject to all general notes and restrictions
appearing on the plat of __________, Lot(s) __________, recorded at
Cabinet __________, Slide __________ of Plat Records of __________
County, Texas.
(d)
Procedure.
The procedure for review and approval of
a short form final plat shall follow the procedure for final plats,
except that:
(1)
The short form final plat may be submitted without approval of a
preliminary plat or construction plans. The plat, prepared by a surveyor,
and engineer if required, and bearing their seals shall be submitted
to the commission for approval before recordation of the plat.
(2)
Legible prints, as indicated on the application form shall be submitted
at least thirty (30) days prior to the regular meeting of the commission
along with the following:
(A)
Completed application forms and the payment of all required fees.
(B)
Two (2) copies of the deed restrictions or covenants, if such documents
are to be used. These shall be filed for record in conjunction with
the filing of the plat.
(C)
Certification from all applicable taxing authorities that all taxes
due on the property have been paid.
(D)
Notification materials as required herein.
(E)
A petition requesting annexation, if applicable.
(F)
Any attendant documents needed to supplement the information provided
on the plat.
(3)
For projects located within the city's extraterritorial jurisdiction,
one (1) extra copy of the above-referenced items must be provided
to the county for review and approval. The applicant shall be responsible
for any additional information required by the county for short form
final plat approval.
(e)
Notification.
Notification procedures for a short form
final plat shall be the same as those identified for concept plan.
(f)
Approval.
The approval process of a short form final
plat shall be the same as the approval of a final plat.
(g)
Revision.
The revision process of a short form final
plat shall be the same as the revision process described for a final
plat.
(h)
Recordation.
The recordation procedures of a short form
final plat shall be the same as the procedures for a final plat.
(i)
Responsibility.
Notwithstanding the approval of any
short form final plat by the commission, board of aldermen or city
engineer, the developer and the engineer that prepares and submits
such plats shall be and remain responsible for the adequacy of the
design and nothing in this article shall be deemed or construed to
relieve or waive the responsibility of the developer or his/her engineer
for or with respect to any plat submitted.
(Ordinance 040, sec. 26, adopted 4/1/2002; Ordinance adopting Code)
When no lots on a plat of subdivision have been sold, the developer
may request the vacation of the plat prior to the time that the improvements
covered by the guarantees are installed, and when such plat is vacated,
all fiscal sureties shall be returned to the developer.
(Ordinance 040, sec. 27, adopted 4/1/2002)
