(a)
Subdivision process.
The following steps apply to all subdivision plats.
(1)
Subdivision process.
The following steps apply to all subdivision plats.
a.
Preliminary conference.
Prior to the official filing of a plat, the developer shall request a mandatory preliminary conference to consult with and present a conceptual plan of the subdivision to the departments of planning and development, fire, engineering, and to the HWWS for comments on the procedures, specifications, and standards required by the city for the subdivision of the land. The goal of the preliminary conference is to aid the developer by explaining the subdivision process, discussing the conceptual design for the subdivision, providing a plat processing checklist, determining the requirements for the construction documents, providing guidance on city standards, the identification of required reports and studies to be performed, identifying additional stakeholders (for example, HWWS, TxDOT, HID, CCDD No. 3 and No. 5, TCEQ, among others), identifying proper zoning and land use and communicating preliminary estimated costs including impact and development fees.
b.
Preliminary subdivision plat submittals.
The developer shall then prepare and submit a plat of the proposed subdivision with preliminary construction documents for associated public improvements and any other required documentation. Such submittals shall be made to the department of planning and development. Separate submittals should be made to TxDOT, Cameron County irrigation districts (e.g. Harlingen Irrigation District), drainage districts (e.g. Cameron County Drainage District No. 5), other governmental jurisdictions including the post office and utility providers to ensure compliance with their corresponding requirements. The documents submitted will be evaluated against the standard plat processing checklist posted on the city website under the department of planning and development.
c.
Progress meeting.
The developer can then request a progress meeting with the subdivision review committee to identify any deficiencies of the proposed subdivision if desired.
d.
Plat filing.
Once the developer has submitted all items required on the standard plat processing checklist with no deficiencies remaining, and after confirmation that the subdivision has been routed to the other agencies as described in subsection (2), the application for subdivision will be considered administratively complete and the payment of the required city processing fees can be accepted. If the appropriate zoning is not in place for the proposed subdivision, a re-zoning application must be filed before the subdivision application can be accepted for processing. The plat will be considered as administratively "filed" upon receipt of acceptable payment.
e.
Consideration of filed plat.
Upon the payment of the city processing fees and, the proposed subdivision plat will be placed on the agenda of the next available planning and zoning commission meeting. The planning and zoning commission will receive a report and a recommendation by the department of planning and development for plat approval, subject to a list of conditions, or for disapproval. If the recommendation is for disapproval, the sections of this article with which the proposed subdivision does not comply will be noted. The planning and zoning commission shall approve, approve with conditions, or disapprove the plat within 30 days after the plat is "filed." A municipal authority that conditionally approves or disapproves a plat under this article shall provide the applicant a written statement of the conditions for the conditional approval or reasons for disapproval that clearly articulates each specific condition for the conditional approval or reason for disapproval with reference to the statutes or municipal ordinances forming the basis for the conditional approval or disapproval, as may be applicable.
f.
Review of subdivision construction plans.
Once the preliminary construction plans and the plat are approved by the planning and zoning commission with conditions, the developer shall coordinate through the planning and development department submission of the construction plans for each department for review. Review comments will be issued by the respective departments, sent to the planning and development department, and forwarded to the developer to be addressed. This may be an iterative process until all comments have been addressed to the satisfaction of the respective departments. Construction of the infrastructure may not commence until both the city engineer and HWWS have approved and signed the construction plans, nor shall the plat be recorded with the county clerk in advance of construction unless a financial guarantee of performance has been filed with the department of planning and development and approved by the city's finance director. Acceptable forms of financial guarantee of performance are defined in Article VI of this chapter. The subdivision construction plans will not be considered "filed" until all of the pending comments are addressed and the plans have been stamped "approved for construction" by the city engineer and HWWS.
g.
Preconstruction conference.
Once construction documents are approved by all the applicable city departments, a preconstruction meeting will be scheduled by the city with the developer's engineer of record and contractor(s) for the purpose of coordinating all construction activities.
h.
Acceptance of construction.
Once construction is complete, an "as-built" survey of the public improvements shall be performed by a licensed surveyor at the developer's expense. The surveyor shall submit the "as-built" plans in a digital format as specified by the city engineer to the city engineer and HWWS for review. After approval from the applicable city departments, submittal of a one-year warranty for all public improvements, submittal of the "as-built" drawings, and submittal of "red line" drawings indicating any changes from the original plans by the engineer of record all to the city engineer and HWWS, letters of acceptance by the city engineer and HWWS will then be issued to the developer.
i.
Plat recordation.
After all conditions are met for plat approval, the plat will then be recorded with the county clerk by staff from the planning and development department. For plats in the ETJ for which the developer has not requested annexation to the city the plat recording is done by personnel from the county engineering division.
(b)
Responsibility of the developer.
It is the developer's responsibility to satisfy all outside agency requirements, including those of the subdivision review committee member's entities and of the Environmental Protection Agency, TCEQ, and the International Boundary Water Commission. The developer shall adhere to all federal, state and local laws and regulations throughout the platting and construction process. Approval of the proposed plat by the planning and zoning commission does not represent that the developer has met the requirements of any other agency.
(c)
Series of permits.
Approval of a subdivision plat is not tied to nor guarantees issuance of a specific building permit or a certain zoning change to the property being subdivided. The subdivision process constitutes the process for the proper infrastructure improvements for the resulting subdivision lots, and recordation of a subdivision plat does not vest a building permit or any other type of action.
(d)
Number of dwellings per lot on residential subdivisions.
No more than one single-family detached dwelling shall be located on each tract. A notation of this restriction shall be placed on the face of the final plat. This restriction shall be placed in all deeds and contracts for deeds for real estate sold within the subdivision. Notice of this restriction must be given by the seller to purchasers prior to execution of any binding agreement for sale or conveyance of any real estate. Proposals which include multifamily residential dwelling may note this on the plat and therefore not restrict the dwellings to one. They shall also include adequate, detailed planning materials plans as required for determination of proper water and wastewater utility type and design.
(e)
Coordination responsibilities of the developer.
(1)
It shall be the responsibility of the developer to make note of and communicate all topics of discussion, discrepancies between the parties, and outstanding questions that may arise during the subdivision process. The developer shall take notes during all meetings and shall subsequently electronically prepare and submit the meeting notes to all parties in attendance within five business days of the meeting.
(2)
Meeting between the developer and the city or HWWS may be requested by email through the department of planning and development. The developer shall provide a meeting agenda and coordinate the meeting time a minimum 48 hours in advance.
(Ordinance 2022-52, § 1, adopted 12/21/2022; Ordinance 2024-44 adopted 9/4/2024)