Advice and cooperation in the preparing of plats will be reasonably given by the planning and zoning commission and appropriate members of the city staff.
(Ordinance 296, art. II, § 1, adopted 10/1/1996; Ordinance 439, art. II, § 1, adopted 11/24/2003; Ordinance 739, § 2(Exh. A), adopted 8/20/2013)
(a) 
Fees and charges shall be collected by the city secretary in advance of the filing of any concept plan, short form plat, preliminary plan package, final plat package, or replat application with the city for processing and consideration. No such plan, plat, preliminary plan, final plat or replat shall be approved until all fees required therefor have been paid. No action by the planning and zoning commission or the council shall be valid until such fees are paid.
(b) 
A receipt must be obtained from the proper officer specifying that the fees provided for herein have been paid prior to the submission of any plat to the planning and zoning commission. The receipt shall be attached to the formal request for plat review and processing.
(c) 
No filing fee shall be refunded because a preliminary plan, final plat, or any other plat or plan is later withdrawn or disapproved.
(d) 
The amounts to be charged shall be established by ordinance of the city council and adjusted from time to time as necessary to sustain efficient planning and development services and comply with laws and regulations.
(Ordinance 296, art. II, § 2, adopted 10/1/1996; Ordinance 439, art. II, § 2, adopted 11/24/2003; Ordinance 739, § 2(Exh. A), adopted 8/20/2013)
(a) 
Action on plats and plans.
Plats and plans for the development of land within the scope of this chapter shall be drawn and submitted to the municipal authority for their approval, conditional approval, or disapproval, as provided herein. If an application is approved with conditions or disapproved, the municipal authority shall provide or cause to be provided to the applicant a written statement for the conditions for approval or reasons for disapproval that clearly articulate each specific condition for the conditional approval or reason for disapproval. Each condition or reason specified in the written statement shall include a citation to the law or ordinance that is the basis for the conditional approval or disapproval, as applicable. In the event that a municipal authority subject to quorum requirements fails to act due to lack of a quorum at the meeting at which an application is posted for action, then: (i) the application will be deemed approved if it meets the requirements of this chapter and applicable state law; or (ii) the presiding officer of the municipal authority is authorized to disapprove an application that is recommended by city staff to be disapproved due to failure to comply with this chapter or applicable law.
(b) 
Commencement of construction.
Notwithstanding any provision of this chapter to the contrary a developer shall not commence construction activities within the city's jurisdiction, before first obtaining all of the city approvals required by this chapter.
(c) 
Pre-submittal meeting.
The applicant is required to attend a pre-submittal meeting with city staff to help familiarize the applicant with applicable codes and regulations before submitting any application under this chapter, except a construction plan application. Applicants shall also attend a pre-construction meeting after construction plans are approved and prior to the issuance of a construction permit. The director of planning may waive this requirement if they deem that the meeting is not necessary.
(d) 
General subdivision process.
Generally, the subdivision process is comprised of four individual steps, consisting of 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. Applicants must complete and obtain approval the application for a particular step before submitting an application for the next step in the platting process. An application will not be accepted unless the applicant has obtained approval of the plat or plan application for a preceding step, unless use of the alternative procedure is approved.
(e) 
Submittal schedule.
The director of planning shall prepare an application submittal schedule which will be kept on file with the planning department and published on the city's website. Applications will only be accepted for submittal or resubmittal on the days set forth in the submittal schedule. The director of planning is authorized to adjust the submittal schedule to accommodate holidays, city hall closures, and cancelled or special called meetings.
(f) 
Application forms.
The director of planning shall prepare application forms which shall include a checklist of the required information and documents that are required to be submitted by applicants in order for an application to be accepted as complete for review and processing under this chapter. The director of planning shall update the application from time to time as required due to amendments to this chapter, state law, or applicable technical codes and manuals. The applications will be kept on file with the planning department and published on the city's website.
(g) 
Application completeness review.
(1) 
City staff shall review all applications, for completeness and either accept the application as complete or reject the application and provide the applicant with written notice of rejection that specifies the reasons for rejection within ten business days of the date the application is submitted. An application will be considered complete if it is submitted in the required form, includes all information certificates, plans, documents, and instruments required in the application and by this chapter, and is accompanied by the applicable fees. All applications shall also include a list of any requested variance or exceptions from the ordinance and will identify whether there are any development agreements that govern development of the property. Resubmittal applications are also subject to subsection (g)(2)d below. An application that is not complete, does not include the information or documents required in the application, or is not accompanied by the applicable fees may not be accepted by the city. If the application is determined to be incomplete, the director of planning shall provide written notice of the rejection of the application that includes a description of the application's deficiencies. No further processing of the application will occur until the deficiencies are corrected.
(2) 
The following are additional requirements for acceptance of an application:
a. 
Required number of copies.
The required number of copies of applications and its components, having the form and content specified in this chapter for the plat package shall be as follows:
Stage of Review
Information in Narrative Form
Plat Maps
Concept plan package
2
20
Preliminary plan package
2
20
Final plat package
2
20
b. 
Water and wastewater modeling.
Water and wastewater modeling reports must be completed prior to the submission of the first plat application for a proposed subdivision, unless the requirement is waived by the city engineer. Applicants will use the consultant selected by the city to prepare the reports and will be responsible for paying the consultant fees charged by the consultant for conducting the analysis and preparing the reports.
c. 
Waivers and variances.
The applicant must apply for and obtain approval of any variances or waivers before a preliminary plat application or short form application, as applicable, is submitted to the city.
d. 
Resubmittal applications.
1. 
Resubmittal applications are subject to the completeness review process set forth in this subsection and section 41-47(g)(1).
2. 
In addition to containing the portions of the original application that are being modified, the resubmittal application shall include a transmittal letter that describes how each reason for disapproval of the particular plat or plan that is the subject of the resubmittal application is being remedied or how each condition of a conditional approval is being satisfied, as applicable, and identifying the location in the resubmittal application where each remedy or response to a condition can be found. The transmittal letter shall further identify whether any other changes to the application have been made other than those necessary to respond to the reasons for disapproval. A resubmittal application that modifies the original application beyond what is required to satisfy a conditional approval or to remedy reasons for disapproval shall be considered a new application and must be accompanied by the required application fee and will be reviewed and processed in accordance with the deadlines and procedures applicable to initial applications including, but not limited to, the 30 day approval deadlines.
3. 
Except for construction plan applications, resubmittal applications submitted for the purpose of satisfying a conditional approval or to remedy the reasons for disapproval of a resubmittal application shall be accompanied by the resubmittal application fee, which shall be one-half of the application fee for the underlying application.
4. 
If an application is disapproved because a variance or waiver is required and the applicant wishes to obtain a variance or waiver instead of modifying the original application, the resubmittal application will not be accepted until the waiver or variance is approved or the applicant modifies the application to comply with applicable regulations.
(h) 
Incomplete application expirations.
An application shall expire on the 45th day after the date the application is submitted to the city if:
(1) 
The applicant fails to provide documents or other information necessary to comply with requirements relating to the form and content of the application set forth in this chapter;
(2) 
Within ten business days of the date the application is submitted to the city, the city provides the applicant written notice of the failure that specifies the necessary documents or other information that are missing from the application and the date the application will expire if the documents or other information is not provided; and
(3) 
The applicant fails to provide the specified documents or other information within the time provided in the notice.
(i) 
Processing of applications accepted for filing.
(1) 
Prior to the commission meeting at which an application is to be heard, city staff shall review the plan for consistency and compliance with city codes, policies and plans.
(2) 
For applications acted upon by the commission, the application shall be scheduled for consideration by the commission within 30 days of the application filing date (or within the applicable extension period if an extension is granted), or within 15 days of the resubmittal date, as applicable. For applications acted upon by the city council, the application shall be scheduled for consideration by the council within 30 days of the commission's approval of the application (or within the applicable extension period if an extension is granted).
(3) 
City staff shall prepare a report analyzing the application, and recommending action on the application. If the recommended action is disapproval or conditional approval, the report shall include the reasons for disapproval or the conditions for approval, as applicable, and citations to the law or ordinance that is the basis for disapproval or the conditional approval.
(j) 
Approval, disapproval, conditional approval.
(1) 
Initial application.
The municipal authority shall take action on the application within 30 days of the filing date. The failure of the municipal authority to act within 30 days of the filing date (or within 60 days of the filing date where an extension has been granted), shall be deemed an approval of the application by the respective body, except as otherwise agreed to by the applicant pursuant to section 41-47.1 or 41-47.2.
(2) 
Resubmittal application.
After disapproval or conditional approval of an application, the applicant may submit a resubmittal application that addresses each condition of approval or remedies each reason for disapproval provided. The resubmittal application that has been accepted as complete shall be reviewed and processed in accordance with subsection (i) and (j) above.
(3) 
Action on resubmittal application.
The municipal authority shall take action on the resubmittal application within 15 days of resubmittal date. Except as otherwise requested by the applicant and approved by the municipal authority pursuant to section 41-47.1 or 41-47.2, the failure of the municipal authority to act within 15 days of the resubmittal date, shall be deemed an approval of the application by the municipal authority, if the resubmittal application satisfies all conditions of a conditional approval or remedies all reasons for disapproval.
(k) 
Application expiration.
(1) 
An application shall expire six months after the date that all initial staff review comments from all reviewing departments have been issued on the application if the application is not approved due to the applicant's failure to cause the application to comply with applicable city regulations.
(2) 
The planning department may grant one six month extension if the applicant can show substantial progress in obtaining approval of the application. Substantial progress shall consist of, at a minimum, a resubmission of the application and all relevant materials by the applicant that address all initial staff review comments from all reviewing departments.
(3) 
After expiration of an application, any new application will be required to be re-submitted as a new application including re-paying all of the fees associated with this process.
(l) 
Approval does not waive compliance.
Approval of a plan or plat under this chapter does not waive any requirement or regulation under this chapter or an applicable city code unless a waiver, exemption, or variance to such requirement or regulation is granted by the city employee, official, or body authorized to grant such waiver, exemption, or variance.
(Ordinance 1049, § 3, adopted 9/3/2019[1])
[1]
Editor's note—Former § 41-47 pertained to applications and derived from Ordinance 296, adopted 10/1/1996; Ordinance 439, adopted 11/24/2003; and Ordinance 739, adopted 8/20/2013.
(a) 
The applicant may request an extension of the 30 day approval deadlines set forth in this chapter by requesting an extension on the application form. The extension request will be considered by the municipal authority responsible for approving the particular plan or plat application. Approval of an extension request will extend the deadline for approval of a plan or plat by 30 days.
(b) 
An applicant may also request in writing the waiver of a deadline or procedure set forth in this chapter. If approved by the municipal authority, the waiver shall be documented by letter agreement or other form of agreement approved by the municipal authority.
(Ordinance 1049, § 4, adopted 9/3/2019)
(a) 
The applicant may request in writing that an application submitted under this chapter be reviewed under the alternative review procedure described in this section by electing the alternative review procedure at the time an application is submitted. The alternative review process will be used if approved by the planning director. The applicant may at anytime request that the alternative review procedure be terminated and the application be reviewed under the standard approval procedures set forth in this chapter. The alternative review procedure shall consist of the following:
(1) 
Submission of more than one plan or plat application for simultaneous review and approval.
(2) 
The application shall be made in compliance with the requirements of this chapter and shall be subject to completeness review set forth in section 41-47.
(3) 
Review of the application by city staff and return of comments to the applicant in accordance with the review schedule prepared by the director of planning and approved by the commission. The comments shall consist of the reasons that the application does not comply with city ordinances or state law and references to applicable city ordinances or state law.
(4) 
Submission of the application to the municipal authority after the applicant has corrected all deficiencies in the application and city staff certifies that the application complies with applicable city ordinances.
(5) 
If an applicant requests the alternative review procedure, then the deadlines for action on plats or plans, the requirement for a pre-development meeting, and the requirement for payment of resubmittal application fees will not apply unless the applicant requests in writing submitted on a date established for submission of plats or plans for an application to be moved back into the standard approval procedure.
(Ordinance 1049, § 4, adopted 9/3/2019)
(a) 
A developer may elect not to submit a concept plan for a minor subdivision (as defined by this article) or for any division of land where the proposed development of the tract is not to occur in phases.
(b) 
Concept plan packages are helpful for identifying and resolving potential problems and deficiencies that might otherwise cause the planning and zoning commission to recommend disapproval of a preliminary plan or recommend approval with conditions. The intent of the concept plan is to provide an opportunity for the planning and zoning commission to be provided information and to offer comments relating to the concept plan.
(c) 
If the proposed subdivision constitutes a phase or section of a large tract, which is intended to be subsequently subdivided as additional phases or sections of the same subdivision or development, the concept plan shall include the entire area, showing the tentative proposed layout of all phases of development, streets, blocks, drainage, water sewage, parks, schools and other improvements for such areas.
(Ordinance 296, art. II, § 5, adopted 10/1/1996; Ordinance 439, art. II, § 4, adopted 11/24/2003; Ordinance 739, § 2(Exh. A), adopted 8/20/2013)
A subdivision may receive approval by city staff if it meets the following conditions:
(1) 
The lots must abut a dedicated and accepted public street for the required lot frontage;
(2) 
Topography of the tract is such that drainage-related facilities will not be required;
(3) 
Water and sewer mains of sufficient capacity are adjacent, or on the property, for tapping with service lines;
(4) 
All requirements in these regulations regarding preliminary and final plats shall be complied with, where applicable, without exception (i.e., without a variance from the requirements of this chapter).
(Ordinance 296, art. II, § 7, adopted 10/1/1996; Ordinance 439, art. II, § 5, adopted 11/24/2003; Ordinance 739, § 2(Exh. A), adopted 8/20/2013)
The planning director, city engineer and director of public works may administratively approve a minor plat, as defined herein, without consideration by the planning and zoning commission and council.
(Ordinance 296, art. II, § 8, adopted 10/1/1996; Ordinance 439, art. II, § 6, adopted 11/24/2003; Ordinance 739, § 2(Exh. A), adopted 8/20/2013)
(a) 
(Reserved)
(b) 
Staff review.
The preliminary plan shall be reviewed by appropriate members of the city staff for compliance with this and applicable ordinance and policies. A report shall be prepared and submitted to the planning and zoning commission and applicant prior to the next regular commission meeting date. The report shall provide the comments received as part of the review by the staff and any other concerned entities. Such report should include comments relative to the proposed subdivision's compliance with the comprehensive plan and other master plans.
(c) 
Planning and zoning commission review.
After the preliminary plan is deemed administratively complete, the planning and zoning commission shall recommend approval or disapproval of the preliminary plan or recommend conditional approval with modifications. A conditional approval recommendation can include the requirements and specific changes the planning and zoning commission determines necessary for the plan to comply with this chapter, or the conditional approval recommendation can be specifically given by the planning and zoning commission as an expression of recommended acceptance of the layout submitted on the preliminary plan as a guide to the installation of streets, drainage, water, sewer and other required improvements and utilities and to the preparation of the final or recorded plat.
(d) 
Extension of plan term.
The term of a preliminary plan shall be extended if the following conditions are met before the initial term or an extension of the term expires:
(1) 
The council approves a final plat for a phase of the subdivision that is reasonable in size and layout and finds that the final plat substantially conforms to the preliminary plan; and
(2) 
The developer begins construction of the subdivision improvements required for the section or phase for which the final plat was approved.
(e) 
Recommendation not approval.
Approval of a preliminary plan, by the planning and zoning commission shall not constitute automatic approval of the final plat.
(f) 
[Documentation from county 911 addressing division.]
A preliminary plan shall be considered incomplete and not subject to the commission's review without a letter of acceptance or documentation from the Hays County 911 Addressing Division demonstrating that the street layout and names proposed on the preliminary plan comply with the applicable county criteria.
(Ordinance 296, art. II, § 9, adopted 10/1/1996; Ordinance 439, art. II, § 7, adopted 11/24/2003; Ordinance 439-3 § 2, adopted 9/19/2006; Ordinance 739, § 2(Exh. A), adopted 8/20/2013; Ordinance 823, § 4, adopted 10/21/2014; Ordinance 1049, § 6, adopted 9/3/2019)
Under no circumstance may the expiration date be earlier than September 1. 2010. After that date, a permit or development project approval shall lapse and become void no earlier than two years for an individual permit after the date the first permit application was filed and no earlier than five years for a development project after the date the first permit application for the development project was filed, unless a longer time shall be specifically established by the city as a condition of approval, or unless, prior to the expiration, a building permit is issued and construction is commenced and diligently pursued toward completion.
(Ordinance 823, § 4, adopted 10/21/2014)
The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning. Words used in the present tense include the future tense. Words used in the plural number include the singular, and words in the singular include the plural. The word "shall" is always mandatory. The word "herein" means in this article.
City
means the City of Kyle, Texas.
Commended and diligently pursued toward completion
means a developer has established that it has made progress toward completion of a development project by engaging in one or more of the following avenues:
(1) 
Submission of an application for a final plat or plan;
(2) 
A good faith attempt to file a permit application necessary to begin or continue toward completion of the project;
(3) 
The incursion of costs in developing the project (exclusive of land acquisition) that equal five percent of the most recent appraised market value of the real property in which the project is located;
(4) 
The posting of a bond with the city to ensure performance of an obligation that the city requires; or
(5) 
Payment of utility connection fees or impact fees.
Development
means and begins when a developer makes application for a single permit.
Permit or permits
means any of the following: a site development plan; a license; a certificate; approval by the city staff; registration; consent by the city staff; permit; contract or other agreement for construction related to, or provision of, service from a water or wastewater utility agency owned, operated, or controlled by a regulatory agency; or other form of authorization required by law, rule, regulation, order, or ordinance that a person must obtain to perform an action or initiate, continue, or complete a project for which the permit is sought.
Person
means any human being or legal entity and includes a corporation, partnership, and an incorporated or unincorporated association.
Project or development project
means an endeavor over which a regulatory agency exerts its jurisdiction and for which one or more permits are required to initiate, continue, or complete the endeavor.
Regulations
means whatever regulations are in place at the point a developer makes application for a single permit and govern through the rest of the development or project and include the provisions of any applicable ordinance, rule, regulation or policy and shall not include any intervening regulations between the time of a developer's application for a project's first permit and progress or completion of the project.
(Ordinance 823, § 4, adopted 10/21/2014)
The expiration periods set forth in section 41-51.1 begin to run at the time a person:
(1) 
Files either a preliminary or a final site development plan with the city;
(2) 
Obtains one or more permits from the city;
(3) 
Applies for a single permit;
(4) 
Holds a building permit that is not older than two years;
(5) 
Files an application that gives the city fair notice of the person's development project and the nature of the permit sought;
(6) 
Exhibits progress toward completion of the project, including (1) submission of an application for a final plat or plan; (2) a good faith attempt to file a permit application necessary to begin or continue toward completion of the project; (3) the incursion of costs in developing the project (exclusive of land acquisition) that equal five percent of the most recent appraised market value of the real property in which the project is located;
(7) 
Posts a bond with the city to ensure performance of an obligation that the city requires; or
(8) 
Makes payment of utility connection fees or impact fees.
(Ordinance 823, § 4, adopted 10/21/2014)
The expiration periods of Sec. 41-51.1 as set forth herein do not apply to or otherwise govern the following regulations, and the vesting provisions of V.T.C.A., Local Government Code ch. 245 are not applicable:
(1) 
Building permits that are at least two years old;
(2) 
Zoning regulations that do not affect landscaping or tree preservation, open space or park dedication, property classification, lot size, lot dimensions, lot coverage, or building size or that do not change development permitted by restrictive covenants required by the city;
(3) 
Regulations that specifically control only the use of the land and that do not affect landscaping or tree preservation, open space or park dedication, lot size, lot dimensions, lot coverage or building size;
(4) 
Regulations for sexually oriented businesses;
(5) 
City or county regulations affecting colonias;
(6) 
Fees imposed in conjunction with development permits;
(7) 
Regulations for annexation that do not affect landscaping or tree preservation or open space or park dedication;
(8) 
Regulations for utility connections;
(9) 
Flood control regulations;
(10) 
Construction standards for public works located on public lands or easements; or
(11) 
Regulations to prevent the imminent destruction of property or injury to persons that do not affect landscaping or tree preservation, open space or park dedication, property classification, lot size, lot dimensions, lot coverage, or building size, residential or commercial density, or the timing of a project, or that do not change development permitted by restrictive covenant required by the municipality.
(Ordinance 823, § 4, adopted 10/21/2014)
(a) 
Series of permits.
If a series of permits is required for a project, the regulations in place at the time of the original application for the permit in the series must be the sole basis for consideration of all subsequent permits required for completion of the project.
(b) 
Timing of permit application.
The city shall consider a permit application solely on the basis of the regulations that were in effect at the time the original application for a permit was filed for any purpose, including review for administrative purposes, or a plan for development of real property or plat application was filed with the city. After the application for a project is filed, the city may not shorten the duration of any permit required for the project.
(c) 
Run with the land.
A permit approval shall run with the land and shall continue to be valid upon a change of ownership of the site or structure which was the subject of the application.
(d) 
Dormant projects.
Notwithstanding section 41-51.1 stated herein, the city may impose an expiration date on dormant projects if it can show that no progress has been made toward completion of a project. Evidence that indicate a project is dormant and that no progress has been made toward completion of a project consists of facts or circumstances that a developer has not performed or otherwise acted upon any of the actions listed under section 41-51.3. The city council may decide by majority vote that a project is dormant upon evidence indicating such and determine that the expiration date required under section 41-51.1 herein is no longer valid or in effect.
(e) 
Expiration of permit application.
A permit application expires after 45 days if the permit applicant fails to provide the necessary information required by the application and the city provides the applicant with notice within ten days after the filing of the application. Notice shall be considered adequate if sent to the applicant by certified mail, return receipt requested, at the applicant's last known address provided by the applicant.
(Ordinance 823, § 4, adopted 10/21/2014)
(a) 
Staff review.
The final plat shall be reviewed by appropriate members of the city staff for compliance with this and other applicable ordinances and policies. A report shall be prepared and submitted to the planning and zoning commission prior to the next regular commission meeting date stating the comments of the subdivision review, including comments received as part of the review of utility companies and other concerned entities. Such a report should include comments relative to the proposed subdivision's compliance with the comprehensive plan and other master plans.
(b) 
Planning and zoning commission.
The planning and zoning commission shall act on and administratively complete final plat within 30 days of the date the final preliminary plat application is filed with the city. If the planning and zoning commission shall determine that the plat is in proper form, that the arrangement of the development proposed for the property being subdivided is consistent with zoning regulations, if applicable, and that the subdivision complies with the provisions of this chapter and other applicable ordinances and policies, it shall recommend approving the plat.
(c) 
Approval of plat by sections.
A subdivider, at his option, may obtain approval of a portion or a section of a subdivision, provided he meets all the requirements with reference to such portion or section in the same manner as is required for a complete addition. In the event a subdivision and the final plat thereof is approved in sections, each final plat of each section shall substantially conform to the preliminary plan, carry the name of the entire subdivision, but is to be distinguished from each other section by a distinguishing letter, number or subtitle. Lot numbers shall run consecutively and names shall be consistent throughout the entire subdivision, even though such subdivision may be finally approved in sections.
(d) 
[Documentation from county 911 addressing division.]
As a condition of final plat approval and acceptance, the developer shall provide documentation from the Hays County 911 Addressing Division demonstrating that the street layout and names on the final plat comply with the applicable county criteria; further, the developer shall provide electronic or digital subdivision data to the county 911 addressing division in a format approved by the county 911 addressing division.
(Ordinance 296, art. II, § 10, adopted 10/1/1996; Ordinance 439, art. II, § 8, adopted 11/24/2003; Ordinance 439-3, § 3, adopted 9/19/2006; Ordinance 739, § 2(Exh. A), adopted 8/20/2013)
(a) 
Certificate of approval.
The final plat shall be approved for recording after approval by the planning and zoning commission. The council's approval of the final plat shall authorize execution of certificates of approval on the final plat and duplicate originals of the final plat as provided in this chapter.
(b) 
Coordination with county.
The approved final plat for any subdivision located outside the corporate limits of the city but within the extraterritorial jurisdiction shall also be submitted to the planning and zoning commissioners court of the county for approval before filing, unless provided otherwise by interlocal cooperation agreement then in effect between the city and the county. After action by the planning and zoning commissioners court, or if no action by the planning and zoning commissioners court is required, the final plat with duplicate originals shall be returned to the city bearing all appropriate signatures and seals. A copy of the interlocal agreement between the city and the county for the processing of subdivisions may be obtained from the city manager.
(c) 
Final plat copies.
After approval of the final plat, one reproducible Mylar sepia and the required number of duplicate originals of the final plat shall be furnished to the city complete with all necessary signatures. All figures and letters shown must be plain, distinct and of sufficient size to be easily read, and must be of sufficient density to make a lasting and permanent record.
(d) 
Final plat term.
A final plat shall be recorded within 12 months after approval by the planning and zoning commission and if not so recorded such plat approval shall expire. Prior to such final plat being recorded, subdivision improvements must be completed in accordance with the approved construction plans and accepted by the city council or the subdivider shall obtain and provide to the administrator an acceptable performance and a payment bond, letter of credit or escrow account to secure that the required infrastructure and public improvements in the subdivision are completed within 12 calendar months including the city's cost for collecting the guaranteed funds and administering the completion of the improvements, in the event the subdivider defaults, hereinafter referred to as "fiscal surety, assurance, or guarantee"). Such bond, letter of credit or escrow shall be payable to the city in an amount equal to 110 percent of the estimate of construction costs as approved by the city engineer for constructing such infrastructure and improvements as approved by the city.
(e) 
Fiscal surety.
Fiscal surety required by this section shall comply with the following, as applicable to the type of surety:
(1) 
Performance and payment bonds.
The developer shall post a performance and a payment bond with the city, as set forth herein, in an amount equal to 110 percent of the estimated construction costs for all remaining required improvements, using the standard city form.
(2) 
Escrow account.
The developer shall deposit cash, or other instrument readily convertible into cash at face value, either with the city or in escrow with a bank or savings and loan institution. The use of any instrument other than cash shall be subject to the approval of the city. The amount of the deposit shall equal 110 percent of the estimated construction costs for all remaining required improvements. In the case of any escrow account, the developer shall file with the city an agreement between the financial institution and the developer guaranteeing the following:
a. 
That the funds of said escrow account shall be held in trust until released by the city and may not be used or pledged by the developer as security in any other matter during that period.
b. 
That in the case of a failure on the part of the developer to complete said improvements, the financial institution shall immediately make the funds in said account available to the city for use in the completion of those improvements.
Such escrow account agreement shall be prepared using the standard city form.
(3) 
Letter of credit.
The developer shall provide a letter of credit from a bank or other reputable institution or individual. This letter shall be submitted to the city and shall certify the following:
a. 
That the creditor does guarantee funds equal to 110 percent of the estimated construction costs for all remaining required improvements.
b. 
That, in the case of failure on the part of the developer to complete the specified improvements within the required time period, the creditor shall pay to the city immediately, and without further action, such funds as are necessary to finance the completion of those improvements, up to the limit of credit stated in the letter.
c. 
That this letter of credit may not be withdrawn, or reduced in amount, until approved by the city according to provisions of this section.
Such letter of credit shall be prepared using the standard city form.
(4) 
Cost estimates.
A licensed professional engineer licensed to practice in the State of Texas shall furnish estimates of the costs of all required improvements to the city engineer who shall review the estimates in order to determine the adequacy of the guarantee instrument for insuring the construction of the required facilities.
(5) 
Surety acceptance.
The bank, financial institution, insurer, person or entity providing any letter of credit, bond or holding any escrow account, pursuant to this section, shall meet or exceed the minimum requirements established by city ordinance and shall be subject to approval by the city as provided in the ordinances of the city.
(6) 
Sufficiency.
Such surety shall comply with all statutory requirements and shall be satisfactory to the city attorney as to form, sufficiency, and manner of execution as set forth in this section. All such surety instruments shall be both a payment and performance guarantee.
(f) 
Time limit for completing improvements.
The period within which required improvements must be completed shall be incorporated in the surety instrument and shall not in any event, without prior approval of the city, exceed one year from date of final plat approval.
(1) 
The planning and zoning commission may, upon application of the applicant and upon proof of hardship, recommend to the council extension of the completion date set forth in such bond or other instrument for a maximum period of one additional year. Such hardship may include delays imposed due to city projects. An application for extension shall be accompanied by an updated estimate of construction costs prepared by a licensed professional engineer, licensed to practice in the State of Texas. A surety instrument for guaranteeing completion of remaining required improvements must be filed in an amount equal to 110 percent of the updated estimate of construction costs as approved by the city engineer.
(2) 
The council may at any time during the period of such surety instrument accept a substitution of principal sureties upon recommendation of the planning and zoning commission.
(g) 
Failure to complete improvements.
Approval of final plats shall be deemed to have expired in subdivisions for which no assurances for completion have been posted or the improvements have not been completed within one year of final plat approval, unless otherwise approved by the city. In those cases where a surety instrument has been required and improvements have not been completed within the terms of said surety instrument, the city may declare the applicant and/or surety to be in default and require that all the improvements be installed, as well as exercise any other remedy available under law or the fiscal surety.
(h) 
Inspection and acceptance of improvements.
The city engineer and/or city construction inspector shall inspect all required improvements, to insure compliance with city requirements and the approved construction plans.
(1) 
When all required improvements have been satisfactorily completed, the city engineer and/or city construction inspector shall either:
a. 
Accept, in writing, the improvements as having been satisfactorily completed; or
b. 
Issue a punch list to the applicant denoting items remaining to be completed.
(2) 
The city engineer and/or city construction inspector shall have ten working days to complete this inspection upon notification by the applicant.
(3) 
The city engineer and/or city construction inspector shall issue the report within ten working days of the date of inspection.
(4) 
The failure to perform the inspection or issue the report with[in] the ten working days shall not constitute city acceptance of the improvements or any defects in the improvements, nor shall such failure constitute a waiver of any rights the city may have under this section, state law, or an assurance filed pursuant to this section.
(5) 
The city shall not accept dedications of required improvements or release or reduce a performance bond or other assurance until such time it is determined that:
a. 
All improvements have been satisfactorily completed, as determined by the city engineer after performing an inspection.
b. 
One Mylar set of as-built plans has been submitted to and approved by the city engineer and/or city construction inspector, along with a statement prepared by a licensed professional engineer that all improvements have been installed and constructed in accordance with the submitted as-built plans.
c. 
Copies of all inspection reports, shop drawings and certified test results of construction materials have been submitted to and approved by the city engineer and/or city construction inspector.
d. 
Two copies of maintenance bonds meeting the requirements of this article have been provided.
e. 
Electronic copy containing computed generated Auto CAD drawings of all public improvements shown on the construction plans, and all lot lines shown on the plat; have been submitted to the city engineer and/or city construction inspector to update city maps.
f. 
Documentation is provided from Texas Department of Licensing and Regulation that the improvements are acceptable.
g. 
Any and all other requirements identified in the final plat process have been satisfied.
h. 
An approved address plat provided by Hays County.
(i) 
Reduction or release of improvement surety instrument.
(1) 
A surety instrument may be reduced with the approval of the city engineer and or city construction inspector, and the director of finance, upon actual construction of required improvements by a ratio that the improvement bears to the total public improvements required for the subdivision, as determined by the city engineer and/or public works director.
(2) 
Before the city shall reduce said surety instrument, the applicant shall provide a new or revised surety instrument in an amount equal to 110 percent of the estimated cost of the remaining required improvements.
(3) 
The substitution of a new or revised surety instrument shall in no way change or modify the terms and conditions of the performance surety instrument or the obligation of the applicant as specified in the performance surety instrument.
(4) 
In no event shall a surety instrument be reduced below ten percent of the principal amount of the original estimated total costs of improvements for which surety was given, prior to completion of all required improvements.
(5) 
The city shall not release a surety instrument unless and until all the conditions of this section have been met.
(j) 
Maintenance bond required.
(1) 
Before the release of any surety instrument guaranteeing the construction of required subdivision improvements, or prior to release of the final plat for recording where subdivision improvements were made prior to the filing of the final plat for recordation, the developer shall furnish the city engineer with a maintenance bond or other surety to assure the quality of materials, workmanship, and maintenance of all required improvements including the city's costs for collecting the guaranteed funds and administering the correction and/or replacement of covered improvements.
(2) 
The maintenance bond or other surety instrument:
a. 
Shall be satisfactory to the city attorney as to form, sufficiency, and manner of execution.
b. 
Shall clearly state both the applicant and the city as joint obligees.
c. 
Shall cover all facilities requested for city acceptance, including water, wastewater, street, drainage improvements and erosion control.
d. 
Shall be in an amount equal to 35 percent of the cost of improvements for the two calendar years from the date of city council acceptance of operation and maintenance of the subdivision. A statement of construction value or final pay estimate shall be provided to the engineering department to support said warranty and maintenance bond amounts.
e. 
Shall require the surety to notify the city at least 30 days prior to the expiration of the maintenance bond or other surety instrument.
(3) 
In an instance where a maintenance bond or other surety instrument has been posted and a defect or failure or any neglected maintenance of any required improvement occurs within the period of coverage, the city may declare said bond or surety instrument to be in default and require that the improvements be repaired or replaced.
(4) 
Whenever a defect or failure of any required improvement occurs within the period of coverage, the city shall require that a new maintenance bond or surety instrument be posted for a period of two full calendar years sufficient to cover the corrected defect or failure.
(k) 
Acceptance of improvements.
Before the city council accepts the subdivision improvements by resolution the applicant shall comply with subsections 41-53(h) and (j).
(l) 
Building permits.
The approved final plat must be recorded in the records of Hays County and all the required streets, drainage, utilities and other infrastructure and public improvements for the subdivision must be completed and accepted as built in compliance with all applicable city requirements, prior to any building permit being issued for any home or building within the subdivision.
(Ordinance 296, art. II, § 9, adopted 10/1/1996; Ordinance 439, art. II, § 9, adopted 11/24/2003; Ordinance 565, §§ 1—3, adopted 4/7/2009; Ordinance 739, § 2(Exh. A), adopted 8/20/2013)
Approval of the plat shall not impose any duty upon the city concerning the maintenance of improvements of any such dedicated parts until the director of public works or his authorized representative shall have signed a statement for the acceptance of same.
(Ordinance 296, art. II, § 12, adopted 10/1/1996; Ordinance 439, art. II, § 10, adopted 11/24/2003; Ordinance 739, § 2(Exh. A), adopted 8/20/2013)
The acceptance of a final plat, bond, letter of credit, or cash escrow by the city does not in any manner obligate the city to finance or furnish any storm sewers, drainage structures, street, water or wastewater improvements or any other improvements within the approved subdivision, except under the provisions provided herein. The city may in its discretion, but shall not be required to, use any bond, letter of credit, or cash escrow deposit provided or made for a subdivision to complete all or any part of the utilities, streets, drainage or other improvements in the subdivision for which the final plat was recorded. Further, if insufficient bond, escrow or letter of credit funding is available to complete all the required improvements within the subdivision, the city may use any such funds to complete only certain improvements selected in the sole discretion of the city council.
(Ordinance 296, art. II, § 13, adopted 10/1/1996; Ordinance 439, art. II, § 11, adopted 11/24/2003; Ordinance 739, § 2(Exh. A), adopted 8/20/2013)
(a) 
Conformance with preliminary plan.
Unless the subdivider wishes to resubmit for preliminary plan processing, the final plat shall conform substantially to the preliminary plan as approved.
(b) 
Resubmission because of change or delay.
In the event that either or both of the following conditions occur during the processing of a subdivision plat, the planning and zoning commission may recommend or council may require resubmission as a preliminary plan or final plat:
(1) 
Significant change.
a. 
Pending concept plan or preliminary plan subject to city regulations.
This section shall only apply to plans or plats legally filed and pending approval before the county commissioners court which have not been submitted to the city for review and approval as a result of not being within the city's jurisdiction at the time the pending series of plans or plats were submitted to the county. Such plans or plats shall be referred to herein as a "county project in progress."
1. 
Purpose.
Submission of a concept plan, preliminary plan and final plat to the city shall be required when substantial changes to a county project in progress have occurred during the county platting process.
2. 
Revision of preliminary plan.
If one or more of the following changes to a project in progress has been made between the filing or approval of a concept plan and the filing or approval of a preliminary plan, the concept plan previously submitted to the county shall be submitted to the planning and zoning commission and council to ensure compliance with city regulations. The following are deemed substantial changes requiring submission to the city:
(i) 
Any change that causes the preliminary plan to be significantly inconsistent with the city's master plan for the property.
(ii) 
More than a 20 percent change in the overall concept or design of the development or layout of the lots.
(iii) 
Any change in land use categories that total more than 20 percent of the land area.
(iv) 
Any change in the total number of residential or nonresidential lots totaling more than 20 percent of the total number of lots for any individual category of lots.
(v) 
Any change in classification of arterial or collector streets or in alignment of arterial or collector streets of more than 150 feet.
(vi) 
Any change in parkland that totals more than 20 percent of the proposed parkland area.
(vii) 
Any change in detention pond or drainage channel location by more than 150 feet.
(viii) 
Any change in phase timing by more than one year.
(ix) 
Any change that would require a variance from the county regulations.
3. 
Revision of final plat.
If one or more of the following changes to a county project in progress has been made between the filing or approval of a preliminary plan and the filing or approval of a final plat, the concept plan and preliminary plan previously submitted to the county shall be submitted to the planning and zoning commission and council to ensure compliance with city regulations. The following are deemed substantial changes requiring submission to the city:
(i) 
Any change that causes the final plat to be significantly inconsistent with the city's master plan.
(ii) 
Any change in land use categories that total more than five percent of the land area.
(iii) 
Any change in the total number of residential or nonresidential lots totaling more than five percent of the total number of lots for any individual category of lots.
(iv) 
Any change in classification of arterial or collector streets or in alignment of arterial or collector streets of more than 75 feet.
(v) 
Any change in parkland that totals more than five percent of the proposed parkland area.
(vi) 
Any change in detention pond or drainage channel location by more than 75 feet.
(vii) 
Any change in drainage channel location by more than 75 feet.
(viii) 
Any change in phase timing by more than one year.
(ix) 
Any change that would require a variance from the county's regulations.
4. 
Procedure for submission.
(i) 
A concept plan that is required to be submitted to the city under this section shall be submitted pursuant to the procedures set forth in sections 41-48 and 41-108.
(ii) 
A preliminary plan that is required to be submitted to the city under this section shall be submitted pursuant to the procedures set forth in sections 41-51 and 41-109.
(iii) 
Construction plans and final plats that are required to be submitted to the city under this section shall be submitted pursuant to the procedures set forth in sections 41-53 and 41-110.
(iv) 
For cause shown, the city council may waive the requirement for resubmission of a revised plan or plat.
5. 
Current regulations govern.
If a concept plan or preliminary plan of a county project in progress is required to be resubmitted under this section, the subdivision shall be governed by the regulations, ordinances, rules, expiration dates, or other properly adopted requirements of the city in effect at the time of the submission to the city.
(2) 
Extended delay in processing.
When the developer does not complete the review process within 12 months from the date of approval of the preliminary plan, extensions may be granted by the planning and zoning commission for good cause, for additional six-month periods.
(Ordinance 296, art. II, § 14, adopted 10/1/1996; Ordinance 439, art. II, § 12, adopted 11/24/2003; Ordinance 439-1, § 2, adopted 10/5/2004; Ordinance 739, § 2(Exh. A), adopted 8/20/2013)
(a) 
Upon approval by the planning and zoning commission and the city council, the owner of a tract covered by a plat may vacate the plat at any time before any lot in the plat is sold. The plat is vacated when a signed, acknowledged instrument declaring the plat vacated is approved and recorded in the manner prescribed for the original plat; provided that the planning and zoning commission and the council may establish requirements as may be reasonable in the discretion of the city to protect the public interest.
(b) 
If lots in a plat have been sold, the plat, or any part of the plat, may be vacated on the application of all the owners of the lots in the plat with approval obtained in the manner prescribed for the original plat.
(c) 
No plat shall be vacated except upon the approval of the planning and zoning commission and the council and the recording of the approved instruments vacating such plat in the office of the county clerk of the county. The county clerk shall write legibly on a vacated plat the word "vacated" and shall enter on the plat a reference to the volume and page at which the vacating instrument is recorded.
(d) 
On the execution and recording of the vacated instrument, the vacated plat has no effect; provided that when necessary to protect the public welfare or preserve the benefits or integrity of any street, utility, park or other public improvement plan that has moved forward in reliance on such plat, the planning and zoning commission and council may require that any right-of-way, parkland, public property, or easement shown on such plat be dedicated to the city by separate instrument.
(e) 
In the event of any conflict between the terms and provisions of this section and V.T.C.A., Local Government Code § 212.013, the terms and provisions of V.T.C.A., Local Government Code § 212.013 shall govern to the extent of such conflict.
(Ordinance 296, art. II, § 15, adopted 10/1/1996; Ordinance 439, art. II, § 13, adopted 11/24/2003; Ordinance 739, § 2(Exh. A), adopted 8/20/2013)
(a) 
Procedural requirements.
The replatting of any existing subdivision, or any part thereof, shall meet the procedural requirements provided for herein for a new subdivision, except as provided in subsection (b) of this section. The subdivision standards imposed are those in effect at the time the application for replat is requested and, in the event of any conflict between this section and V.T.C.A., Local Government Code §§ 212.014 and 212.015, the terms and provisions of such sections shall govern to the extent of the conflict.
(b) 
Without vacating.
(1) 
Without vacating.
A replat of a subdivision or part of a subdivision may be recorded and is controlling over the preceding plat without vacation of that plat if the replat:
a. 
Is signed and acknowledged by only the owners of the property being replatted;
b. 
If a variance is requested or the area to be replatted is an area described in subsection (2) below, approved, after a public hearing on the matter at which parties in interest and citizens have an opportunity to be heard, by the planning and zoning commission, and is subsequently approved by the council; and
c. 
Does not attempt to amend or remove any covenants or restrictions;
(2) 
In addition to compliance with subsection (b)(1) of this section, a replat without vacation of the preceding plat is subject to the notice and hearing requirements set forth in subsection (3) below if:
a. 
During the preceding five years, any of the area to be replatted was limited by an interim or permanent zoning classification to residential use for not more than two residential units per lot; or
b. 
Any lot in the preceding plat was limited by deed restrictions to residential use for not more than two residential units per lot.
(3) 
Notice of the hearing required under subsection (b)(1) of this section shall be given before the 15th day before the date of the hearing by:
a. 
Publication in an official newspaper or a newspaper of general circulation in the county; and
b. 
By written notice, with a copy of subsection (b)(4) of this section attached, forwarded by the planning and zoning commission to the owners of lots that are in the original subdivision and that are within 200 feet of the lots to be replatted, as indicated on the most recently approved municipal tax roll or in the case of a subdivision within the extraterritorial jurisdiction, the most recently approved county tax roll of the property upon which the replat is requested. The written notice may be delivered by depositing the notice, properly addressed with postage prepaid, in a post office or postal depository within the boundaries of the municipality.
(4) 
If the proposed replat requires a variance and is protested in accordance with this subsection, the proposed replat must receive, in order to be approved, the affirmative vote of at least three-fourths of the members present of the planning and zoning commission. For a legal protest, written instruments signed by the owners of at least 20 percent of the area of the lots or land immediately adjoining the area covered by the proposed replat and extending 200 feet from that area, but within the original subdivision, must be filed with the planning and zoning commission prior to the close of the planning and zoning commission's public hearing.
(5) 
In computing the percentage of land area under subsection (b)(4) of this section, the area of streets and alleys shall be included.
(6) 
Compliance with subsection (b)(4) and (5) of this section is not required for approval of a replat of part of a preceding plat if the area to be replatted was designated or reserved for other than single or duplex-family residential use by notation on the last legally recorded plat or in the legally recorded restrictions applicable to the plat.
(Ordinance 296, art. II, § 16, adopted 10/1/1996; Ordinance 439, art. II, § 14, adopted 11/24/2003; Ordinance 739, § 2(Exh. A), adopted 8/20/2013; Ordinance 1049, § 7, adopted 9/3/2019)
(a) 
Purpose.
The planning and zoning commission and the council may approve and issue an amending plat, which may be recorded and is controlling over the preceding plat without vacation of that plat, if the amending plat is signed by the applicants only and is solely for one or more of the following purposes:
(1) 
To correct an error in a course or distance shown on the preceding plat;
(2) 
To add a course or distance that was omitted on the preceding plat;
(3) 
To correct an error in a real property description shown on the preceding plat;
(4) 
To indicate monuments set after the death, disability, or retirement from practice of the engineer or surveyor responsible for setting monuments;
(5) 
To 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;
(6) 
To correct any other type of scrivener or clerical error or omission previously approved by the municipal authority responsible for approving plats, including lot numbers, acreage, street names, and identification of adjacent recorded plats;
(7) 
To correct an error in courses and distances of lot lines between two adjacent lots if:
a. 
Both lot owners join in the application for amending the plat;
b. 
Neither lot is abolished;
c. 
The amendment does not attempt to remove recorded covenants or restrictions; and
d. 
The amendment does not have a material adverse effect on the property rights of the other owners in the plat;
(8) 
To relocate a lot line to eliminate an inadvertent encroachment of a building or other improvements on a lot line or easement;
(9) 
To relocate one or more lot lines between one or more adjacent lots if:
a. 
The owners of all those lots join in the application for amending the plat;
b. 
The amendment does not attempt to remove recorded covenants or restrictions; and
c. 
The amendment does not increase the number of lots; or
(10) 
To make necessary changes to the preceding plat to create six or fewer lots in the subdivision or part of the subdivision covered by the preceding plat if:
a. 
The changes do not affect applicable zoning and other regulations of the municipality;
b. 
The changes do not attempt to amend or remove any covenants or restrictions; and
c. 
The area covered by the changes is located in an area that the municipal commission or other council of the municipality has approved, after a public hearing, as a residential improvement area.
(b) 
Application for amendment.
The amended plat may be submitted without approval of a preliminary plan or construction plans. The plat, prepared by a surveyor, and engineer if required, and bearing their seals shall be submitted to the administrator with a completed application and all required fees, for approval before recordation of the plat. Legible prints, as indicated on the application form, shall be submitted to the city engineer along with the following:
(1) 
Completed application forms and the payment of all required fees.
(2) 
Certification from all applicable taxing authorities that all taxes due on the property have been paid.
(3) 
Any attendant documents needed to supplement the information provided on the plat.
(4) 
The city engineer shall require the following note on the amended plat:
This subdivision is subject to all general notes and restrictions appearing on the plat of _____ Lots _____ recorded at Vol. _____ Page _____ of the Plat Records of Hays County, Texas.
(c) 
Required notice.
Notice, a hearing, and the approval of other lot owners are not required for the approval and issuance of an amending plat.
(d) 
Conflicts between terms and provisions.
In the event of any conflict between the terms and provisions of this section and V.T.C.A., Local Government Code § 212.016, the terms and provisions of V.T.C.A., Local Government Code § 212.016 shall govern to the extent of such conflict.
(e) 
Expiration.
Approval of an amended plat shall expire if said plat is not recorded in the plat records of the county within 12 months of approval.
(Ordinance 296, art. II, § 17, adopted 10/1/1996; Ordinance 439, art. II, § 15, adopted 11/24/2003; Ordinance 739, § 2(Exh. A), adopted 8/20/2013)