(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)
Editor's note–Former section 109-88 pertaining to minor plat approval delegation and deriving from Ordinance 2022-52, § 1, adopted 12/21/2022, was deleted by Ordinance 2024-44 adopted 9/4/2024.
A subdivision plat is required under nearly all circumstances for the purposes specified in section 109-3. For specific exemptions to platting requirements see section 109-96.
(1) 
The owner of a tract of land located within the corporate limits of Harlingen or within the five-mile extraterritorial jurisdiction who plans to divide the tract in any manner that creates one or more lots of five acres or less must have a plat of the subdivision prepared, completed, and recorded. The owner of a tract that has been previously split and inadequately subdivided must also subdivide in accordance with this chapter.
(2) 
A division of a tract is defined as any division regardless of whether it is made by using a metes and bounds description, or any description of less than a whole parcel, in a deed of conveyance or in a contract for a deed, using a contract of sale or other executory contract, lease/purchase agreement, or using any other method to convey property.
(3) 
The owner of a tract of land located inside the city limits of Harlingen or its five-mile extraterritorial jurisdiction who divides the tract into two or more parts to lay out a subdivision of the tract, including an addition, or to lay out suburban lots or building lots, or to lay out streets, alleys, squares, parks, or other parts of the tract intended to be dedicated to public use or for the use of purchasers or owners of lots fronting on or adjacent to the streets, alleys, squares, parks, or other parts must have a plat prepared, completed and recorded.
(4) 
No subdivided land shall be sold or conveyed until the developer:
a. 
Has received approval of a plat of the tract; and
b. 
Has complied with all the conditions imposed during the plat approval process.
c. 
Has a filed and recorded an approved plat with the Cameron County Clerk.
(5) 
These rules and any preceding rules shall apply to land that has been divided on or after November 1, 1978.
(Ordinance 2022-52, § 1, adopted 12/21/2022)
(a) 
Generally.
(1) 
The developer shall prepare a plat through a licensed surveyor and engineer in accordance with this article and state law.
(2) 
No plat shall be recorded until:
a. 
The property is zoned in accordance with the city zoning code for the uses intended; and
b. 
The constructed public improvements required by this article have been approved and accepted by the city or an appropriate financial guarantee of performance (e.g. bonds, escrows or letter of credit) has been submitted and accepted by the city in lieu of construction of required improvements before plat recordation.
(b) 
Time for filing and copies required.
The developer shall file with the department of planning and development:
(1) 
One digital submission of both PDF and AutoCAD files. Files shall be submitted via compact disc, portable USB drive, or email as specified by the city engineer. AutoCAD files shall be submitted in the coordinate system as specified in section 109-91(c)(3)e. or as otherwise directed by the city engineer.
(2) 
Hard copies of the plat may be required, folded with the name of the subdivision showing and an application on a form specified by the city (see section 109-222, Exhibit B).
(c) 
Plat form and content.
(1) 
The plat and accompany data shall substantially conform to the conditions as approved by the planning and zoning commission, incorporating any and all changes, modifications, alterations and corrections imposed.
(2) 
The plat shall be drawn to a scale not smaller than 100 feet to one inch on a sheet 24 inches by 36 inches. Where more than one sheet is necessary to accommodate the entire area, an index sheet showing the entire subdivision at an appropriate scale shall be attached to the plat. The plat shall be drawn in with a minimum of a one-half inch margins on all sides.
(3) 
Upon completion of section 109-87(a)(8) regarding acceptance of infrastructure construction, the developer shall submit a plat for recordation. The plat shall be drawn in ink on mylar sheets and meet the requirements of this subsection. The plat shall contain the following:
a. 
Proposed name of the subdivision printed across the lots and blocks, which shall not have the same name and spelling or be pronounced similar to the name of any other subdivision within the city or within its extraterritorial jurisdiction;
b. 
Names of adjoining subdivisions and an indication of whether or not adjoining properties are platted with applicable record volume, page numbers, and legal descriptions;
c. 
Subdivision boundary lines, indicated by heavy lines and the total computed acreage of the subdivision;
d. 
A metes and bounds description of the subdivision boundary;
e. 
The primary subdivision corners with descriptions of coordinates where northing and easting shall be provided to four decimal places in the NAD 83 State Plane Coordinate System Texas South Zone (4205), or as directed by the city engineer with ties to the original block corners. Elevations of these points shall be provided to two decimal places in NAVD 88 datum, or as directed by the city engineer. All new monuments set at subdivision corners shall be set to a sufficient depth to retain a stable and distinctive location, encased in concrete where location permits, shall be marked in a way that is traceable to the responsible surveyor, and shall conform to the appropriate state statutes;
f. 
Existing site information as follows:
1. 
Exact locations, descriptions and names of all existing or recorded streets, roads, alleyways, or other public right-of-way within the subdivision, intersecting or contiguous with its boundaries, or forming such boundaries. This shall include dimensions from the existing centerline to the right-of-way and overall width of the right-of-way;
2. 
Exact locations and descriptions of all existing or recorded easements within the subdivision, intersecting or contiguous with its boundaries, or forming such boundaries. This shall include legal description, record information, width, and purpose of said easements;
3. 
Exact locations, dimensions, and descriptions of all existing or recorded reservations, parks, public areas, watercourses, irrigation canals, or drainage ditches, within or contiguous with the subdivision; and
4. 
Regulatory flood elevations and boundaries of flood prone area, including floodways, and areas located in the special flood hazard area;
g. 
The exact location, dimensions, description and name of all proposed streets with full right-of-way dedication indicated, alleys, parks, other public areas, easements or other rights-of-way, lots with net square footage, blocks and other sites within the subdivision. All right-of-way dedicated by plat shall have a statement indicating so on the plat;
h. 
Date of preparation, scale of plat (including a bar scale) and north arrow;
i. 
A number or letter to identify each lot or site and each block;
j. 
Building setback lines (if different from chapter 111 standards);
k. 
Location of city limits lines, ETJ boundary if they traverse the subdivision, form part of the boundary of the subdivision, or are otherwise located within the plat;
l. 
A vicinity map at a scale of not more detail than one inch to 2,000 feet that shall show existing subdivisions, streets, city limits and/or ETJ boundary. This map shall contain enough information, including names of major streets and subdivisions to properly discern the location of the proposed subdivision. This map shall be oriented to true north and include a north arrow and description of scale;
m. 
Names of the developer, record owner, lienholders, engineer and/or surveyor with signature lines as appropriate;
n. 
Owner's acknowledgement of the dedication to public use of all streets, alleys, easements, parks, and other public places, as applicable, shown on such final plat (see section 109-226, Exhibit F);
o. 
The certification of the surveyor and/or engineer responsible for surveying the subdivision area, attesting to its accuracy, and for the preparation of the plat and supporting data, attesting to its accuracy (see section 109-226, Exhibit F);
p. 
A blank statement for the certification of the city engineer or other designated city official that the plat conforms to all requirements of the subdivision regulations of the city; to be executed upon final approval (see section 109-226, Exhibit F);
q. 
A blank statement for the planning and zoning commission chairperson that the plat has been approved by such commission; to be executed upon final approval (see section 109-226, Exhibit F);
r. 
A blank statement for the appropriate HWWS official that the plat has been approved by such department; to be executed upon plat approval (see section 109-226, Exhibit F);
s. 
A blank statement for the mayor that the plat has been approved and conforms to the requirements of the subdivision regulations of the city; to be executed upon final approval (see section 109-226, Exhibit F);
t. 
A signed statement for the appropriate drainage or irrigation district official that the plat has been approved by such department; to be executed upon final approval by such district (where applicable);
u. 
A general notes section which at a minimum shall contain:
1. 
A description and basis of the flood zone(s) within the subdivision;
2. 
An engineer's statement of the minimum permissive finished floor elevation that will protect all habitable improvements from the one percent annual exceedance probability (100-year) storm event in the flood zone location;
3. 
If any portion of the subdivision for any lots within a special flood hazard area, a note will be required indicating that a floodway development permit is required before any construction is to take place;
4. 
In residential subdivisions for any lots within 100 feet of a drainage inlet, a note on the plat shall indicate that the finished floor, for those specific lots, shall be six inches higher as compared to the other finished floors within the subdivision;
5. 
A description, location, and elevation of the benchmark used to establish vertical control for the subdivision;
6. 
The high and low ground elevations within the subdivision;
7. 
The basis of bearings and vertical datum;
8. 
A note describing the type of monuments set at interior corners;
9. 
Certificate of compliance with the requirements of the applicable Texas Local Government Code;
10. 
A description of setback requirements; and
11. 
A note requiring sidewalks at time of construction (if applicable, see section 109-124(f) and indicating a permit is required from the city prior to construction of sidewalks; and
v. 
Name, address, phone number, and firm number of the engineer and/or surveyor.
(d) 
Additional content to be submitted.
Along with the plat, the following shall be submitted:
(1) 
Preliminary subdivision construction plans;
(2) 
Proposed fills or other structure elevating techniques, levels, channel modifications, seawalls and other methods to overcome flood or erosion related hazards.
(3) 
A nonrefundable plat review fee in the amount as established in the city fee schedule in chapter 18 of the City of Harlingen Code of Ordinances.
(4) 
A street lighting plan (existing and proposed) must be submitted that indicates placement of a standard streetlight as specified in the subdivision development guide.
(5) 
A fire hydrant plan which includes location of existing and proposed fire hydrants. Fire hydrants must be shown to create a coverage network of not more than 500-foot intervals measured along streets or other public access right-of-way for single-family residential subdivisions. (In all other subdivisions, this distance must be a 150-foot radius.) Standard hydrants shall be installed as per specifications of the state board of insurance and HWWS. This requirement shall not apply to subdivisions within the North Alamo Water Supply Corporation CCN. A note in the plat would be required stating that the subdivision does not have fire hydrants.
Single-family homes may be considered in the city limits and ETJ on a one-lot subdivision on lots of one to 9.99 acres in size without a fire hydrant provided the property/homeowner agrees to and signs a notarized affidavit indemnifying and holding the city harmless of any liability that might occur to the subject property, due to fire or any other incident that would require a fire hydrant to assist the city in dealing with the fire or incident. If such property owner has requested that a fire hydrant not be installed on the property, a note on the plat to that effect shall be required as notification to subsequent property owners of the absence of a fire hydrant.
(6) 
Written statements from the various utilities that they have reviewed the subdivision that they can provide service and are prepared to do so when requested by the developer.
(7) 
Any restrictive covenants that will be imposed on the subdivision, complete with recording information, must be noted on the plat.
(8) 
Tax certificates showing that all property taxes have been paid in full up to the most recently-completed fiscal year.
(9) 
Documentation of any liens and encumbrances on the property subject to the plat.
a. 
The developer shall submit with the plat the opinion of an attorney, licensed to practice law in the State of Texas, showing any recorded liens and encumbrances affecting the title to said land as of the date of submission of the record plat for approval. A title commitment may be substituted for the attorney's opinion. Such opinion or title commitment may not be older than six months at the date of plat consideration by the planning and zoning commission.
b. 
If any liens appear of record, the subordination of such liens to the plat and dedications contained therein shall be secured by the developer prior to plat recording through a statement on the plat (see section 109-226, Exhibit F).
(10) 
Any drainage or street assessments, street sign deposits, street light deposits, or other fees due must be submitted prior to recording of the plat.
(11) 
Upon completion of section 109-87(a)(8) regarding acceptance of construction, a check payable to the county clerk in the amount of the recording fee for filing the plat (of subdivisions located inside city limits).
(12) 
A portable USB drive or other digital medium with the plat shall be submitted with control points for incorporation into the city map. Such submission shall be in the format designated by the planning and development department.
(13) 
Stormwater facility maintenance agreement and maintenance easement as required by the city municipal separate storm sewer system (MS4) permit and relevant ordinances.
(e) 
Simultaneous submission.
Plats shall be simultaneously submitted by the applicant to the appropriate entities of the subdivision review committee for review.
(f) 
Recording of the plat.
After all plat conditions have been complied with, the director of planning and development or other designated official shall cause the plat to be recorded with the Cameron County Clerk.
(Ordinance 2022-52, § 1, adopted 12/21/2022)
(a) 
No land in a proposed subdivision shall be sold or conveyed until the developer:
(1) 
Has received approval of the plat by the planning and zoning commission; and
(2) 
Has complied with all the conditions imposed during plat approval; and
(3) 
Has filed and recorded a recorded plat approved in accordance with this chapter with the county clerk of Cameron County.
(b) 
No building, repair, plumbing or electrical permits shall be issued by the city for any structure on a lot in a proposed subdivision for which a plat has not been approved and recorded, nor for any structure on a lot within a proposed subdivision in which the standards contained herein have not been complied with in full.
(c) 
The city shall not repair, maintain, install or provide any streets or public utility services in any subdivision for which a plat has not been approved and recorded, nor in which the standards contained or referred to herein have not been complied with in full.
(d) 
Neither the city, nor any other utility, shall sell or supply any water, gas, electricity, or sewage service within a subdivision for which a subdivision plat has not been approved or recorded, nor in which the standards contained or referred to herein have not been complied with in full, except as provided for above.
(e) 
Provided, however, that the provisions of this section shall not be construed to prohibit the issuance of permits for any lots upon which a residence building exists and was in existence prior to passage of the ordinance from which this article is derived, nor to prohibit the repair, maintenance, or installation of any street or public utility services for, to or abutting any lot, the last recorded conveyance of which prior to passage of the ordinance from which this article is derived was by metes and bounds, and/or any subdivision, or lot therein, recorded or unrecorded, which subdivision was in existence prior to the passage of the ordinance from which this article is derived.
(Ordinance 2022-52, § 1, adopted 12/21/2022)
At any time after plat approval and before recordation, the applicant may request of the director of planning and development that an amendment be made to the approval of the plat. Under regulations established by this article, the director of planning and development may agree to proposed amendments that are deemed to be minor as indicated in the V.T.C.A. Local Government Code § 212.016. If the proposed amendment is major, the developer shall follow the same requirements for plat approval under section 109-91 and must go before the planning and zoning commission for a reconsideration of the plat approval.
(Ordinance 2022-52, § 1, adopted 12/21/2022)
(a) 
A recorded plat of a subdivision must accurately reflect the subdivision as it develops. If there is any change, either by the intentional act of the developer or by an error, including changes in the size or dimension of lots or the direction of roads or streets, a plat must be revised in accordance with this section and the V.T.C.A. Local Government Code § 212.016. All costs associated with replatting shall be borne by the developer or subsequent property owner(s).
(b) 
The planning and zoning commission shall approve or disapprove any proposed major amendment and may make any modifications in the terms and conditions of the subdivision replat. If the applicant is unwilling to accept the replat under the terms and conditions required by the planning and zoning commission, the applicant may withdraw the proposed replat. A replat shall include, but is not limited to, any amendment that results in or has the effect of decreasing open space in the subdivision by ten percent or more. As per V.T.C.A. Local Government Code §§ 212.014 and 212.015 a public hearing does not need to be conducted if the resulting lots are in conformance with the city minimum standards.
(c) 
Amendments to a recorded plat may take place only as a replat of the original plat and shall be reviewed and recorded in the same manner as an original plat.
(d) 
Exceptions to this may occur as specified in the V.T.C.A. Local Government Code § 212.016 and may include amendments only for the purposes as stated in that section and as noted in section 109-97.
(Ordinance 2022-52, § 1, adopted 12/21/2022)
(a) 
Property that was divided into its current configuration prior to November 1, 1978, and has not had a change in boundaries since such time can be exempted from platting requirements if the owner can provide proof of such. A recorded property deed dated prior to that date with a metes and bounds or legal description exactly matching the current property would constitute the necessary proof. If the property was divided after November 1, 1978, the intended use is single-family residential for only one house and one lot, has access to a public street, and meets the minimum area requirements it shall also qualify for an exemption. This shall be limited to one division only from a larger tract of land.
(b) 
The director of planning and development shall determine the subdivision exemption status of a tract of land upon receipt of a completed application form (see section 109-230 Exhibit J) and accompanying documents by the property owner or authorized agent. The application form shall be accompanied by the following documents:
(1) 
Warranty deeds for the subject tracts indicating date of last conveyance;
(2) 
Evidence of a building on the subject tract prior to the effective date of November 1, 1978, if applicable;
(3) 
Current tax certificates;
(4) 
Survey of the tracts showing property line, right-of-way widths, easements, proposed partition and existing improvements, signed and sealed by a registered public surveyor;
(5) 
Separate instruments dedicating additional right-of-way along perimeter streets in accordance with the major thoroughfare plan with appropriate recording fees (or provide recorded copy); and
(6) 
Upon receipt of all applicable data and upon determination that such tract is exempt from subdivision, the director of planning and development can issue a letter of determination that the tract satisfies the exemption requirements of this section.
(Ordinance 2022-52, § 1, adopted 12/21/2022)