(a) 
Fee established.
(1) 
The city council shall establish a schedule of fees, charges and expenses, and a collection procedure for the intake and processing of plats, civil plans, engineering inspections, and engineering testing and other matters pertaining to this section.
(2) 
The schedule of fees are set forth in appendix C, comprehensive fee schedule of the city code.
(3) 
No application shall be accepted or reviewed, any official action taken, or any permits granted until all applicable costs, charges, fees, or expenses have been paid in full.
(4) 
An application shall not be deemed complete, nor shall it be approved, if there are delinquent city taxes on the subject property.
(b) 
Pre-development meeting.
(1) 
It is recommended that the applicant meet with an authorized representative of the development services department to allow the applicant to learn the general procedures for approval, but the development/project shall not be discussed in sufficient detail to provide the city with fair notice of the project.
(2) 
No applications may be submitted to or accepted for filing with representatives of the development services department during the meeting.
(3) 
No rights derived from chapter 245 of the Texas Local Government Code shall accrue from any pre-development meeting. Development review process or documents offered for review in connection therewith. There shall be no vested rights based on a pre-development meeting.
(c) 
Application contents.
(1) 
Application contents generally.
All applications and filings shall meet the requirements as defined by the development guide and the engineering design standards manual, as exists or may be amended, which shall be established and maintained by the director of development services and the director of engineering services, respectively. Incomplete applications shall not be accepted.
(2) 
Filing procedure.
(A) 
All applications and filings for approval required by this chapter shall be filed with the development services department.
(B) 
The development guide, as it exists or may be amended, shall prescribe the procedures for filing.
(C) 
All applications and filings shall occur only on official application accepted dates, published as part of the planning and zoning schedule.
(D) 
If an application or filing is rejected by the development services department, then it is not considered filed under this chapter or the law or regulation governing the application or filing, including chapter 212 of the Texas Local Government Code, if applicable.
(E) 
Any application submitted on a date other than an official application accepted date shall be rejected and shall not be considered filed under this chapter and the law or regulation governing the application or filing, including chapter 212 of the Texas Local Government Code, if applicable.
(F) 
An application must be considered complete and officially filed in accordance with article 10.02 of this chapter prior to being processed for review and consideration.
(3) 
Application accepted dates.
The director of development services shall publish schedules of the official development review processing dates as follows:
(A) 
A planning and zoning schedule for all land development applications and filings for the period January 1st to December 31st of each year shall be set by the planning and zoning commission on or before December 1st of the year before such period and shall be published as part of the development guide. Any changes or amendments to the approved schedule require planning and zoning commission approval.
(B) 
Official filing date.
The 30-day time period established by state law for taking action on a complete application shall commence on the official filing date for the complete application pursuant to the planning and zoning schedule, published as part of the development guide. The official filing date shall be defined as the date the application is deemed complete by the responsible official in the manner prescribed by article 10.02.
(C) 
A disapproval development services schedule for the period January 1st to December 31st of each year shall be set by the planning and zoning commission on or before December 1st of the year before such period and shall be published as part of the development guide. Any changes or amendments to the schedule require planning and zoning commission approval. The disapproval development services schedule shall govern an applicant's response to the conditional approval or disapproval of a plat subject to section 212.0093 of the Texas Local Government Code. Any such response submitted on a date other than an official disapproval development services schedule date shall be rejected and shall not be considered filed under this chapter and the law or regulation governing the application or filing, including chapter 212 of the Texas Local Government Code, if applicable.
(d) 
Initiation, complete application and expiration.
(1) 
Initiation by owner.
An application required under this chapter may be initiated only by the owner of the land subject to the application, or by the owner's duly authorized representative. If the applicant is a representative of the property owner, the application shall include a written and notarized statement from the property owner, such as a duly executed "power of attorney," authorizing the representative to file the application on the owner's behalf.
(2) 
Applicability.
The procedures within this section shall apply to all applications that are required by the city and submitted in accordance with this chapter.
(3) 
Determination of completeness.
Every application shall be subject to a determination of completeness by the responsible official for processing the application. An application must be complete in order to be accepted for review by the city.
(A) 
The application shall only be accepted by the responsible official for processing when it is accompanied by all documents required by, and prepared in accordance with, the requirements of this chapter and as described in the development guide. A typographical error shall not, by itself, constitute an incomplete application.
(B) 
A determination of completeness shall be conducted in accordance with the following procedures:
(i) 
If the application does not contain all information, as defined by the development guide as it exists or may be amended, and/or does not conform to all standards required by any ordinance, law, or regulation governing the application, then it shall be considered incomplete. The applicant shall be notified in writing within 10 business days if the submitted application is incomplete.
(ii) 
The city shall reject all incomplete applications and provide written notice of the rejection to the applicant by one of the following methods:
a. 
Mail;
b. 
Email;
c. 
Delivery service; or
d. 
Hand delivery or other delivery method of written notice approved by the director of development services.
The written notice need not identify all reasons why the application was deemed incomplete. If the notice contains one or more reasons why the application was deemed incomplete, addressing the reason(s) identified in the notice does not guarantee acceptance of a subsequent application.
(iii) 
If the application is determined to be complete, the application shall be processed as prescribed by this chapter.
(iv) 
A determination of completeness shall not constitute a determination compliance with the substantive requirements of this chapter and does not guarantee the application will be approved, if after the application is deemed complete, it is determined that the application does not comply with this chapter and all other applicable laws or regulations.
(4) 
30-day action extension request.
(A) 
Request.
An applicant may submit in writing a request to extend the 30-day action in relation to the decision time for plats of 30 days, as mandated by state law.
(B) 
Received.
If the applicant requests an extension, such request must be received by the municipal authority on or before the 11th calendar day prior to the municipal authority's deadline to act at which action would have to be taken on the application (based on the 30-day requirement in state law). Extension requests that are not received by that day shall not be considered properly submitted, and action shall be taken on the application at such meeting as scheduled.
(C) 
Requirements maintained.
Submission of a request to extend the 30-day action, and acceptance of such waiver by the municipal authority, shall not be deemed in any way a waiver of any requirement within this chapter. A waiver from requirements herein is a separate and distinct process.
(5) 
Modification of applications prior to approval.
The applicant may modify a complete application following its filing and prior to the expiration of the period during which the city is required to act on the application only in accordance with the following conditions.
(A) 
If the modification is for revisions requested by the city, and the modification is received at least 14 calendar days prior to the time scheduled for decision on the application, the application shall be decided within the original period for decision (from the original official filing date) prescribed by this chapter.
(B) 
Any other modifications to an application will not be accepted.
(6) 
Concurrent applications.
Consideration for each application shall remain in the appropriate sequence of development. Any application submitted concurrently is subject to the approval of all related applications. Denial or disapproval of any individual application from a group of concurrently submitted applications shall stop consideration of all subsequent applications, if such approval is necessary for the subsequent applications to proceed.
(Ordinance 6727 adopted 5/20/2024)
A preliminary plat depicts the layout of a proposed subdivision or any implatted property and is required prior to approval of any division of land, as specified in this ordinance.
(1) 
Processing of preliminary plat application.
(A) 
The submittal of a preliminary plat must be complete with accurate information prior to filing for review of the contents. It is the responsibility of the surveyor to prepare the plat with clarity, informed knowledge of the appropriate requirements, and conformance with this chapter.
(B) 
Upon the determination of a complete application, a preliminary plat application shall be processed for review by the city engineer or his/her designee and applicable public entities to determine that the plat meets or exceeds the requirements of this chapter and adopted city plans and policies prior to any action taken, per section 10.02.001.
(2) 
Action of the city engineer.
(A) 
Within 30 days after the preliminary plat application is accepted, the city engineer shall approve or disapprove such plat, or conditionally approve it with modifications. City staff shall inform the applicant through written notice of the action taken within 10 days, stating the reasons for the action taken.
(B) 
The city engineer's conditional approval of a preliminary plat shall be deemed as an expression of approval of the layout submitted on the preliminary plat as a guide to the installation of streets, water, wastewater, and other required improvements and utilities, and to the preparation of the final plat. Conditional approval of a preliminary plat shall not constitute automatic approval of the final plat.
(C) 
Approval or conditional approval of a preliminary plat shall be effective for a period of 24 months from the date of the approval letter or conditional approval letter. At that point, the preliminary plat shall be considered expired.
(3) 
Parent Tract Concept Plan.
If the proposed subdivision is a portion of a larger tract of land which is intended to be subsequently subdivided with infrastructure connected to the subject plat, the preliminary and final plats shall be accompanied by a layout of the entire area, showing a conceptual proposed layout of streets and trails, preliminary drainage, parkland, and similar improvements for such areas. The overall layout shall be reviewed by the city engineer and attached to and filed with a copy of the approved subdivision plat in the permanent city files. Thereafter, plats of subsequent units of such subdivision shall generally conform to such approved overall layout, at the city engineer's discretion and consistent with this chapter.
(4) 
Phasing.
The city engineer shall require the developer to file a proposed subdivision phasing plan providing for continuity of development for any individual phases of reasonable proportions. Single-lot final plats and plats that create discontinuity within the development may be prohibited by the city engineer. A preliminary plat shall be required for each subsequent phase of development.
(5) 
Form and content of preliminary plat.
The submitted preliminary plat shall clearly depict the following information:
(A) 
Landowner, applicant, agent, or developer's name, as applicable.
(B) 
Surveyor's company name along with the licensed professional's name and RPLS # for the person responsible for the preparation of the plat.
(C) 
The title of the subdivision, which must not be so similar to that of an existing subdivision as to cause confusion.
(i) 
For preliminary replats, the title of the proposed preliminary replat must be unique and reference "being a replat of the (lot(s) of and block(s) of the parent plat)." The title shall not be so similar to that of an existing subdivision as to cause confusion.
(D) 
Date block with submittal date.
(E) 
Plat summary table to include total acreage of new plat, and the proposed number of total lots arranged by use and area of each lot to ensure compliance with zoning.
(F) 
Street summary table for streets or street rights-of-way to be dedicated with the plat, including street classification type, street name(s), street length, pavement and curb dimensions, and right-of-way.
(G) 
The plat shall be drawn to a scale of not to exceed 1 inch: 100 feet on a 24x36 inch document format.
(H) 
North arrow and scale shall be included on each page that depicts the land being platted.
(I) 
When more than one sheet is used for a plat, a key map showing the entire subdivision on a smaller scale shall be shown on the first sheet.
(J) 
Boundary survey with point of beginning, bearings and distances referenced to survey lines and established subdivisions, and complete and accurate field notes of said boundaries.
(K) 
The location, name, and width of all existing and proposed blocks, street and alley rights-of-way, existing and proposed easements, clearly visually depicted and labeled in the proposed subdivision boundary and within a distance of 200 feet of the proposed subdivision. Widths of existing rights-of-way and existing pavement shall be identified at two points and determined by found monuments on both sides of the roadway.
(L) 
Proposed street stubs to adjacent properties showing a conceptual continued projection of such a street. City staff may request additional information to ensure the projected street can be constructed without obvious constraint.
(M) 
Existing physical features within and directly adjacent to the proposed subdivision, including the location and size of watercourses, ravines, bridges, culverts, existing structures, and other features pertinent to the subdivision. Dimensions shall be shown from existing structures to existing and proposed rights-of-way and easements.
(N) 
The location, size, and type of all existing city utilities shall be represented as obtained from city records.
(O) 
Topographic contours, using the city's geodetic control survey, shall be shown at intervals of not more than two feet unless approved by the city engineer. Contours shall not interfere with the legibility of other plat information.
(P) 
Lots shall be labeled by lot-and-block number with acreage or square footage represented on each lot. A table may be used to display this information on the plat.
(Q) 
Lots in the ETJ shall show the required building lines per Grayson County Subdivision Regulations.
(R) 
Boundaries of existing 1% flood zone (if applicable).
(S) 
Proposed phasing boundary lines for subdivisions may be shown on a master preliminary plat. A preliminary plat for each phase shall be required.
(T) 
All necessary dimensions, including linear, angular and curvilinear, and other surveying information necessary to reproduce the plat on the ground shall be shown. The linear and curvilinear dimensions shall be shown in feet and decimals of a foot. The angular dimensions shall be shown by true bearings in degrees, minutes and seconds. The length of all straight lines, deflection angles, radii, tangents, central angles of curves, and the chords and arcs of curves shall be shown. All curve information shall be shown for the center line of the street based on are definitions. Dimensions shall be shown from all angle points and points of curve of lot lines. All lots on curves shall be shown with curve length dimensions based on are definitions.
(U) 
Avigation release, per the development guide (if applicable).
(V) 
Notes to be added to the preliminary plat:
(i) 
Utility providers and notation as to how water and wastewater will be served to the property (as will be represented on subsequent civil plans).
(ii) 
All easements and rights-of-way dedicated to the city by this plat include the following rights:
a. 
The right of the city to change the size of any facilities installed, maintained, or operated within the area;
b. 
The right of the city to relocate any facilities within the area; and
c. 
The right of the city to remove from the area vegetation or other obstructions which endanger or may interfere with the efficiency and maintenance of any facilities within the area.
(Ordinance 6727 adopted 5/20/2024)
Final plats are technically complete versions of an approved preliminary plat, unless approved changes are authorized, and are prepared for recording if approved by the planning and zoning commission.
(1) 
Procedure for approval of final plat.
(A) 
Approval or conditional approval of the preliminary plat by the city engineer is required prior to the submittal of a final plat to the city.
(B) 
All changes, alterations, modifications, and all appropriate documentation required on the conditional approval of the preliminary plat and from the civil plan review shall be incorporated into the final plat.
(C) 
The final plat shall be consistent with the approved preliminary plat and shall conform to all requirements of this chapter.
(D) 
A final plat application may not be submitted until the civil plans are sufficiently complete and construction of the public infrastructure has commenced, as determined by the city engineer, and the area proposed for final plat will be adequately served by public infrastructure.
(E) 
The final plat should be accompanied by a letter from the electric, gas and phone companies stating that all easements are satisfactory for the installation and maintenance of their respective utilities. The letter shall be accompanied proposed utility plans.
(2) 
Processing of final plat application.
(A) 
The submittal of a final plat must be complete with accurate information prior to filing for review of the contents. It is the responsibility of the preparing professional surveyor to prepare the plat with clarity, informed knowledge of the appropriate requirements, and conformance with this chapter.
(B) 
Upon the determination of a complete application, a final plat application shall be processed for review by the city engineer or his/her designee and applicable public entities to determine that the plat meets or exceeds the requirements of this chapter and adopted city plans and policies prior to any action taken, per section 10.02.001 of this chapter.
(C) 
Proposed subdivisions outside of the corporate limits that are adjacent to the city limits, requesting voluntary annexation, shall be annexed into the city prior to approval of the final plat by the planning and zoning commission and the acceptance of the dedication of streets, alleys, and easements.
(3) 
Final plat sections.
A developer, at their option, may obtain approval of a portion or a section of a subdivision provided it meets all the requirements of this chapter. In the event that a preliminary plat and the final plat thereof are approved in phased sections, each final plat shall carry the name of the entire subdivision, but shall bear a distinguishing letter, number or subtitle. Block numbers shall run consecutively throughout the entire subdivision, even though such subdivision may be approved in sections.
(4) 
Action of planning and zoning commission.
(A) 
The city engineer shall transmit his/her recommendations to the planning and zoning commission in writing ahead of consideration of action at a public meeting.
(B) 
Within 30 days after the final plat application is accepted, the planning and zoning commission shall approve or disapprove the plat.
(C) 
If the plat is disapproved, the planning and zoning commission shall within 10 days give written notice to the developer, stating the reasons for disapproval.
(5) 
Plat recordation.
An approved final plat shall be officially recorded at the county clerk's office once the city engineer has certified all steps for accepting required public infrastructure have taken place and the planning and zoning commission approves the plat.
(6) 
Form and content of final plat.
The submitted final plat shall clearly depict the following information:
(A) 
Landowner, applicant, agent, or developer's name, as applicable.
(B) 
Surveyor's company name along with the licensed professional's name and seal for the person responsible for the preparation of the plat.
(C) 
The title or name of the subdivision, which must not be so similar to that of an existing subdivision as to cause confusion.
(i) 
For replats, the title of the proposed replat must be unique and reference "being a replat of the [lot(s) of and block(s) of the parent plat]." The title shall not be so similar to that of an existing subdivision as to cause confusion.
(D) 
Date block with submittal date and approval date (to be added later).
(E) 
Signature blocks of the approving authorities and certifications of the plat preparers as found and specified in the development guide.
(F) 
Plat summary table to include total acreage of new plat, and the proposed number of total lots arranged by use and size of lot to ensure compliance with zoning.
(G) 
Street summary table for streets or street rights-of-way to be dedicated with the plat, including street classification type, street name, street length, pavement and curb dimensions, and right-of-way.
(H) 
The plat shall be drawn to a scale of not to exceed 1 inch: 100 feet on a 24 x 36 inch document format.
(I) 
North arrow and scale shall be included on each page that depicts the land being platted.
(J) 
When more than one sheet is used for a plat, a key map showing the entire subdivision on a smaller scale shall be shown on the first sheet.
(K) 
Boundary survey with point of beginning, bearings and distances referenced to survey lines and established subdivisions, and complete and accurate field notes of said boundaries.
(L) 
The location, name, and width of all existing and proposed blocks, street and alley rights-of-way, existing and proposed easements, clearly visually depicted and labeled in the proposed subdivision boundary and within a distance of 200 feet of the proposed subdivision. Widths of existing rights-of-way shall be identified at two points and determined by found monuments along both side of the roadway.
(M) 
Proposed street stubs to adjacent properties showing a conceptual continued projection of such a street. City staff may request additional information to ensure the projected street can be constructed without obvious constraint.
(N) 
Existing physical features within and directly adjacent to the proposed subdivision, including the location and size of watercourses, ravines, bridges, culverts, and other features pertinent to the subdivision.
(O) 
The location, size, and type of all easements shall be represented.
(P) 
All monuments and control points shall be set or recovered by a licensed surveyor, placed prior to the recording of the plat per the requirements of the engineering design standards manual.
(Q) 
Lots shall be labeled by lot-and-block number with acreage or square footage represented on each lot. A table may be used to display this information on the plat.
(R) 
Lots in the ETJ shall show the required building lines per Grayson County Subdivision Regulations.
(S) 
Boundaries of existing 1% flood zone and base flood elevation (if applicable).
(T) 
All necessary dimensions, including linear, angular and curvilinear, and other surveying information necessary to reproduce the plat on the ground shall be shown. The linear and curvilinear dimensions shall be shown in feet and decimals of a foot. The angular dimensions shall be shown by true bearings in degrees, minutes and seconds. The length of all straight lines, deflection angles, radii, tangents, central angles of curves, and the chords and arcs of curves shall be shown. All curve information shall be shown for the center line of the street based on are definitions. Dimensions shall be shown from all angle points and points of curve of lot lines. All lots on curves shall be shown with curve length dimensions based on are definitions.
(U) 
Avigation release, per the development guide (if applicable).
(V) 
Owner's certificate of dedication: (To be placed on the plat in a manner that will permit the completion of the certificate by filling in the blank spaces.)
OWNER'S CERTIFICATE OF DEDICATION
That _____ (owner), acting by and through its duly authorized agent, does hereby certify and adopt this plat designating the herein-described real property as (title of plat), an addition to the City of Sherman, Grayson County, Texas, Being (acres) acres situated in and being a portion of the _____(Original survey)_____, City of Sherman, Grayson County, Texas, and does hereby dedicate to the public use forever the streets and easements shown on this plat. [Owner name] does herein certify the following:
1.
The streets and alleys are dedicated in fee simple for street and alley purposes.
2.
All public improvements and dedications shall be free and clear of all debt, liens, and other encumbrances.
3.
The easements and public use areas, as shown, and created by this plat, are dedicated for the public use forever for the purposes indicated on this plat.
4.
No buildings, fences, trees, shrubs or other improvements or growths shall be constructed or placed upon, over or across the easements as shown, except that landscape improvements may be placed in landscape easements if approved by the City of Sherman.
5.
The City of Sherman is not responsible for replacing any improvements in, under, or over any easements caused by maintenance or repair.
6.
Utility easements may also be used for the mutual use and accommodation of all public utilities desiring to use or using the same unless the easement limits the use to particular utilities, said use by public utilities being subordinate to the public's and city of Sherman's use thereof.
7.
The City of Sherman and public utilities shall have the right to remove and keep removed all or parts of any buildings, fences, trees, shrubs or other improvements or growths which may in any way endanger or interfere with the construction, maintenance, or efficiency of their respective systems in the easements.
8.
The City of Sherman and public utilities shall at all times have the full right of ingress and egress to or from their respective easements for the purpose of constructing, reconstructing, inspecting, patrolling, maintaining, reading meters, and adding to or removing all or parts of their respective systems without the necessity at any time procuring permission from anyone.
9.
All modifications to this document shall be by means of plat and approved by the City of Sherman.
This plat is approved subject to all ordinances, rules and regulations and resolutions of the City of Sherman, Texas.
WITNESS, my hand at _____, _____ County, Texas, this _____ day of _____, (year).
_____ (owner)
STATE OF TEXAS By: __________
COUNTY OF GRAYSON
Before me, the undersigned authority, a Notary Public in and for the County and State on this day personally appeared __________, known to me to be the person and officer whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purpose and consideration therein and in the capacity therein stated
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this _____ day of __________, (year).
__________________
Notary Public, State of Texas
(W) 
Notes to be added to the final plat:
(i) 
All easements and rights-of-way dedicated to the city by this plat include the following rights:
a. 
The right of the city to change the size of any facilities installed, maintained, or operated within the area;
b. 
The right of the city to relocate any facilities within the area; and
c. 
The right of the city to remove from the area vegetation or other obstructions which endanger or may interfere with the efficiency and maintenance of any facilities within the area.
(ii) 
Details regarding a property owners' association (POA) that has been incorporated with the state responsible for any water detention facility, common properties, and/or amenities.
(7) 
Final plat expiration and extension.
(A) 
Expiration.
An approved final plat shall expire and shall thereafter be deemed null and void if the final plat has not been recorded as required in this section 10.02.003 within two years from the date of the planning and zoning commission's approval of the final plat. Upon expiration, or upon denial of a timely submitted request for extension of plat approval, a new preliminary plat application shall be required to submitted, subject to requirements in effect at the time the new application is filed with the city.
(B) 
Extension.
The planning and zoning commission may extend a final plat for a period not to exceed one year on the written request of the applicant. The request must be filed before the final plat expires and must document the reasons for the extension. In determining whether to grant a request, the council shall take into account the reasons for the requested extension, the ability of the applicant to comply with any conditions attached to the original approval, whether extension is likely to result in timely completion of the project, and the extent to which any newly adopted regulations should be applied to the proposed development. In granting an extension, the council may impose such conditions as are needed to assure that the land will be developed in a timely fashion and that the public interest is served, including compliance with one or more new adopted development standards.
(Ordinance 6727 adopted 5/20/2024)
A property owner who proposes to further subdivide all or part of a recorded plat must obtain approval for a replat as outlined in the procedures below and in conformance with chapter 212 of the Texas Local Government Code.
(1) 
Processing of replat application.
Applications must follow the requirements outlined in section 10.02.002 preliminary plat and section 10.02.003 final plat. All replats shall include preliminary plat approval before application can be submitted to the planning and zoning commission for replat approval.
(A) 
A replat may not amend or remove any covenants or restrictions relevant to the preceding plat.
(2) 
Public hearings for certain replats.
Replats containing any area or lot that, during the preceding five years, was limited by an interim or permanent zoning classification to residential use for not more than two residential units per lot or in the preceding plat was limited by deed restrictions to residential use for not more than two residential units per lot, require compliance with section 212.015 of the Texas Local Government Code and a public hearing with mailed written notice no less than 15 days prior to the public hearing, to all owners of lots that are part of the original subdivision and located within 200 feet of the boundary of the proposed replat.
(Ordinance 6727 adopted 5/20/2024)
(a) 
Authority.
This section is adopted pursuant to Texas Local Government Code, chapter 212, subchapter B, sections 212.041 through 212.050.
(b) 
Applicability.
For purposes of this section, the term "development" means the construction of any building, structure or improvement of any nature (residential or nonresidential), or the enlargement of any external dimension thereof. This section shall apply to any land lying within the city or within its extraterritorial jurisdiction in the following circumstances:
(1) 
The development of any tract of land which has not been platted or replatted prior to June 3, 2024, unless expressly exempted in this section;
(2) 
The development of any tract of land for which the property owner claims an exemption from platting under applicable law, including requirements to replat, which exemption is not expressly provided for in such regulations;
(3) 
The development of any tract of land for which the only access is a private easement or street;
(4) 
The division of any tract of land resulting in parcels or lots each of which is greater than five acres in size, and where no public improvement is proposed to be dedicated or constructed.
(c) 
Exceptions.
No development plat shall be required where the proposed development conforms to all applicable city plans, including but not limited to, the comprehensive plan, transportation plan, future land use plan, park and trails plan, utility plans and applicable capital improvements plans. The responsible authority may, from time to time, exempt other development or land divisions from all or a portion of the requirements of this section. In addition, the city manager or his/her designee is authorized to exempt development from all or a portion of the requirements of this section where the property owner demonstrates in a written application that the development involves only the following:
(1) 
The new construction of one single-family residential unit and no other building, structure or improvement on property that is not located adjacent to a thoroughfare or other roadway shown on the city's thoroughfare plan;
(2) 
The enlargement of any exterior dimension of one existing, single-family residential unit and no other building, structure or improvement; or
(3) 
The new construction of one single-family residential unit and no other building, structure or improvement on property that is located adjacent to a thoroughfare or other roadway shown on the city's thoroughfare plan and the owner has dedicated or conveyed to the city the necessary right-of-way and easements for such thoroughfare or other roadway and related improvements.
(d) 
Prohibition on development.
No development shall commence, nor shall any building permit, utility connection permit, electrical connection permit or similar permit be issued, for any development or land division subject to this section until a development plat has been approved by the city's appointed or elected body with authority over plats and filed with the city secretary.
(e) 
Standards of approval.
The development plat shall not be approved until the following standards have been satisfied:
(1) 
The proposed development conforms to all applicable city plans, including but not limited to, the comprehensive plan, transportation plan, future land use plan, park and trails plan, utility plans and applicable capital improvements plans;
(2) 
The proposed development conforms to the requirements of the zoning ordinance (if located within the city's corporate limits) and this chapter;
(3) 
The proposed development is adequately served by public facilities and services, parks and open space (to the extent necessary based on the nature of the development) in conformance with city regulations;
(4) 
The proposed development will not create a safety hazard on a public street;
(5) 
Required dedications and/or appropriate agreements for acceptance and use of public dedications to serve the development have been tendered; and
(6) 
The proposed development conforms to the design and improvement standards contained in this chapter, in the city's engineering design standards manual and in any other applicable codes or ordinances of the city related to development of a tract of land.
(f) 
Conditions.
The planning and zoning commission and city council may impose such conditions on the approval of the development plat as are necessary to assure compliance with the standards in subsection (e) above.
(g) 
Approval procedure.
The application for a development plat shall be submitted to the city in the same manner as a final plat, and shall be approved, conditionally approved or denied by the planning and zoning commission. Upon approval, the development plat shall be filed with the county.
(h) 
Submittal requirements.
Each development plat shall show all information that is required to be shown on a final plat and shall:
(1) 
Be prepared by a registered professional land surveyor;
(2) 
Clearly show the boundary of the development plat;
(3) 
Show each existing or proposed building, structure or improvement or proposed modification of the external configuration of the building, structure or improvement involving a change therein;
(4) 
Show all easements and rights-of-way within or adjacent to the development plat;
(5) 
Be accompanied by the required number of copies of the plat, a completed application form, the required submission fee (in an amount equal to the fee associated with final plat submission) and a certificate or some other form of verification from the Grayson County Appraisal District showing that all taxes have been paid on the subject property and that no delinquent taxes exist against the property; and
(6) 
Be submitted to the department of development services for review with the application in the same manner as for a final plat; failure to so comply shall result in the application being determined to be incomplete and subject to expiration in the same manner as other plats under this chapter.
(Ordinance 6727 adopted 5/20/2024)
(a) 
A variance of certain subdivision standards of this chapter, as provided for within this chapter, may be considered prior to or concurrently with a preliminary plat, final plat, or replat to address unforeseen circumstances or other difficulties in developing a property under the specific provisions of this chapter. The requirements for submitting a subdivision variance application shall follow the regulations in section 14.06.006 (Variance Procedures) of this Code.
(b) 
Processing of subdivision variance application:
(A) 
The city engineer shall review the application, consider applicable criteria for approval, and prepare a report to the board of adjustment.
(B) 
The city engineer's report may include a recommendation for final action.
(Ordinance 6727 adopted 5/20/2024)
(a) 
Purpose.
The purpose for the establishment of a property owners' association (also referred to as "association") for residential developments is to create an organization that owns and is responsible for maintaining, among other things, commonly owned properties, amenities, rights-of-way and thoroughfare screening for the communal good of the development's property owners and residents.
(b) 
Applicability.
A POA shall be established for any development that contains any amenity, as defined in this section, or thoroughfare screening. For purposes of this section, the terms "homeowners' association" and "association" are interchangeable with the term "property owners' association" for multifamily and nonresidential developments.
(c) 
Descriptions of elements requiring a POA.
Any one or more of the following elements created as part of a development shall require formation and continued operation of a mandatory POA:
(1) 
Amenity.
Where proposed in conjunction with a development, the word "amenity" shall be as defined as an aesthetic or other physical improvement to a development that increases its quality, desirability, and/or marketability to the public, and shall include, but not be limited to, the following:
(A) 
Amenity center (i.e., private swimming pool, club house, tennis courts, etc.);
(B) 
Private recreational facility;
(C) 
Entry features;
(D) 
Open space - voluntary or as required by zoning, this chapter or development agreement;
(E) 
Ponds and drainage ways, including detention or retention areas;
(F) 
Water fountains;
(G) 
Water features and creek areas;
(H) 
Hike-and-bike trails;
(I) 
Private streets; and
(J) 
Other commonly owned facilities.
(2) 
Thoroughfare screening.
Screening as required and generally regulated by Section 14.04.004 of this code.
(d) 
Procedure.
The establishment of a required POA shall occur in conjunction with the recordation of the subdivision final plat, and shall generally be established as follows:
(1) 
Documents submitted for review.
The declaration, covenants and other necessary documents establishing the POA shall be submitted to the city for review by the city attorney for conformance with this and other applicable ordinances prior to submission of the final plat, and prior to issuance of an acceptance of public improvements letter for the development. POA documents shall include descriptions of any amenities, thoroughfare screening, and other areas for which the association is responsible for maintenance, and shall outline the organization of the association.
(2) 
Approval by city attorney.
All POA documents shall be reviewed by the city attorney prior to recordation of the final plat. The applicant shall reimburse the city for all related legal costs for review of the POA documents. This reimbursement shall be paid in full prior to recordation of the final plat.
(3) 
Recordation.
All POA documents shall be recorded at the county prior to the recordation of the final plat. Two copies of the recorded documents shall be submitted to development services for city records within five days following recordation.
(4) 
Additional phases.
An additional phase to an existing subdivision is not required to establish a separate and distinct POA, provided that:
(A) 
The existing, recorded association documents are amended to incorporate the area of the new subdivision phase and to adopt the responsibility of its amenities, thoroughfare screening, and other areas for which the association is responsible for maintenance.
(B) 
The applicant shall provide a draft of the amended covenants to the city attorney for review prior to the recordation of the plat.
(e) 
Notice to purchasers.
The developer shall be required to post notice in a prominent place at all model homes and sales offices stating the following:
(1) 
That an POA has been established for the subdivision;
(2) 
That membership in the POA is mandatory for all lot owners; and
(3) 
That the developer is required to provide to any person, upon their request, a complete copy of the association documents and a five-year projection (at a minimum), of association dues, income and expenses.
(f) 
General requirements.
The following shall be set forth in the POA documents:
(1) 
A statement that membership in the association is mandatory for all owners of property within the subdivision;
(2) 
A listing of all required maintenance responsibilities, and where possible, the lot number(s), legal descriptions, street name(s), etc. as shown on the approved plat for areas to be the responsibility of the association;
(3) 
Bylaws related to the governance of the association;
(4) 
Covenants for maintenance assessments, which shall run with the land;
(5) 
Responsibility for liability insurance and local taxes;
(6) 
Statement that the authority for enforcement of association rules and regulations is solely the responsibility of the association and is not, in any way, the responsibility of the city;
(7) 
Authority for the association to secure funds from its members sufficient to meet its responsibilities. This authority shall include the ability to collect dues, to increase dues, to charge special assessments, and to place liens against property for failing to pay dues and assessments.
(A) 
Dues shall be calculated based on a cost projection for the maintenance of all amenities and based on eventual build-out of the subdivision;
(B) 
Dues shall not be based on calculations which include monies from the developer which will not be provided following the transfer of the association from the developer to the lot owners.
(C) 
Dues shall be required to be disclosed to all lot owners at the time of property purchase by the lot owners.
(8) 
Provision that no amendment of the association documents relating to maintenance of amenities, thoroughfare screening, any other association-maintained area or facility, or related reserve funds (as applicable) shall occur without prior city approval;
(9) 
Written release of liability for maintenance to benefit the city; written indemnification of the city outlining that under no circumstances shall the city be liable to the association or any property owner or their respective heirs, executors, administrators, devisees, personal representatives, successors or assigns for any damages, injuries (including death), and/or liability resulting from any amenity, on the private streets, within or adjacent to any major creek or tributary, associated with any thoroughfare screening or common landscaping, or from any other association-owned and maintained area or facility;
(10) 
Written assurance of funds based on an accredited cost projection analysis within a specific reserve account of the association for the maintenance and removal of amenities as determined by the city; and
(11) 
Written consent giving the city the authority to take the actions for violations as set forth in Subsection (h).
(12) 
Other city requirements as applicable.
(g) 
Supplementary requirements.
The POA shall also comply with the following regulations, where applicable:
(1) 
Association documents shall not overrule the landscaping or other provisions of the zoning ordinance by penalizing or restricting water conserving landscapes, or by requiring landscape materials that do not comply with zoning ordinance landscape requirements;
(2) 
Amenities.
The following regulations shall apply to any subdivision that includes an amenity, as described in subsection (c)(1):
(A) 
Where amenities are proposed in conjunction with a development, the applicant shall comply with those regulations outlined in this section 10.03.007 of this code.
(B) 
All developments that require the provision of common open space shall submit covenants to maintain open space, recreational areas, and other commonly owned facilities for review with the final plat application.
(3) 
Thoroughfare screening.
All subdivisions that are required to provide thoroughfare screening per section 14.04.004 of this code shall comply with the following:
(A) 
The property owners' association shall own and be responsible for the maintenance of all required screening walls and fences, landscaping, landscape edges, and landscape irrigation systems, and shall provide for the payment of dues and assessments required to maintain such improvements.
(B) 
The association documents shall state that the city has no obligation to maintain or reconstruct the screening walls and fences, landscaping, landscape edges, and landscape irrigation systems in the event of damage to such improvements.
(C) 
The association documents shall state that the city may, but is not obligated to, inspect screening walls and fences, landscaping, landscape edges, and landscape irrigation systems, and that the city may require maintenance and repairs necessary to ensure that such improvements are maintained to city standards.
(h) 
Violations, revocations and liens.
(1) 
The city will notify the property owners' association of violations of any of the regulations specified within this section.
(2) 
Failure to bring the subdivision into compliance with these regulations may cause the city to revoke the specific approval of the association or take other remedies as outlined in this Subsection (h).
(3) 
The city shall have all lien, assessment and enforcement rights granted therein to the association, and the city shall have the ability to enforce the liens and assessments, and avail itself of any other enforcement actions available to the city pursuant to state law and/or city regulations.
(4) 
Should the association fail to carry out its duties as specified in this chapter, the city shall have the right and ability, after due notice to the association, to perform the duties required by this or any other ordinance, regulation or agreement with the city in order to bring the association into compliance therewith. The city shall have the right and ability, after due notice to the association to assess the association, for the full amount owed and/or assess the property owners on a pro rata basis for all costs incurred by the city in performing said duties if the association fails to do so. Said assessment shall constitute a lien, in favor of the city, upon the property for which the assessment is made.
(Ordinance 6727 adopted 5/20/2024)