(a) 
Generally.
In addition to the applicable required procedures in division VII-2, review and referral, the following shall apply to amending and minor plats.
(b) 
Purpose.
The purpose of this section is to delegate to the administrator the authority to approve amending plats, minor plats, and certain replats. Amending plats, minor plats, and replats shall conform to the rules and regulations of section 28-7-37, preliminary plats, and section 28-7-36, final plats, of this division.
(c) 
Submittal requirements.
(1) 
Generally.
The amending plat shall depict both the current recorded configuration and the proposed configuration of all altered lots and reserves.
(2) 
Current configuration.
The current configuration shall be located on the left side of the plat as originally recorded.
(3) 
Proposed configuration.
The proposed configuration shall be located on the right side of the plat and shall depict all information as required for final plats.
(d) 
Specific decision criteria.
(1) 
Review and decision.
In determining whether to approve, approve with conditions, or deny an amending or minor or plat, the review bodies shall consider the applicable common decision criteria in section 28-7-8 and the following:
a. 
Number of lots.
The minor plat is proposed for the creation of four or fewer lots.
b. 
Existing street.
Each lot in the minor plat has frontage on an existing public street without the need for the creation or extension of a new public street.
c. 
Existing utilities.
Existing public utilities of adequate capacity serve the entirety of the subject property in the minor plat without the need for extension.
d. 
TLGC reference.
The purpose of the amending plat is solely one or more of those listed in TLGC § 212.016.
(2) 
Affirmative findings.
In order to approve a minor plat, the final decision-making body shall make affirmative findings on all of the applicable decision criteria.
(e) 
Referral.
The administrator shall have no authority to disapprove an amending plat, minor plat, or replat. If the administrator does not approve an amending plat, minor plat, or replat, then the administrator shall submit the plat to the PZC and the procedures of section 28-7-36, final plats, or section 28-7-37, preliminary plats, shall apply.
(Ord. No. 2020-1331, 9-15-2020)
(a) 
Generally.
In addition to the applicable required procedures in division VII-2, review and referral, the following shall apply to final plats.
(b) 
Purpose.
The purpose of a final plat is to serve as the official recorded map of the property to be developed, showing the boundaries, lots, public streets, easements, and other significant facilities and features that are necessary to serve the development. The final plat shall conform to the approved preliminary plat if applicable.
(c) 
Procedure.
(1) 
After city decision.
After receiving a preliminary plat decision from both the planning and zoning commission (P&Z) and city council, all persons desiring the subdivided land, referred to as applicant, shall submit an application for final plat approval as set forth herein, unless such person's subdivision is specifically exempted from the requirements to obtain a plat by this article.
(2) 
Copies.
The applicant shall submit eight copies of the final plat application to the P&Z. The application form shall be kept on file with the city secretary and shall be in a form approved by the P&Z.
(3) 
Timing of submittal.
Final plat application submittal time and date. A final plat application should be submitted to the P&Z not later than 5:00 p.m. on the third Monday before the P&Z's next regularly scheduled meeting. The application shall comply with the city's fee schedule as set by the city council.
(d) 
Required documents for application.
A final plat application shall contain the following documents:
(1) 
Filing fees.
See section 28-7-13, fees.
(2) 
Copies required.
A final plat application shall contain eight 24-inch by 36-inch paper prints of the original plat drawing, reproduced on white paper with blue or black lines, each of which shall be folded to eight and one-half inches by 14 inches. The city may adopt rules allowing the applicant to submit the entire plat in an electronic format. Additionally, a final plat application shall contain one electronic format of the original plat drawing in either PDF or CAD format.
(e) 
Documents required.
All final plat applications shall contain the documents listed in section 28-7-33, preliminary plats, as well as the following:
(1) 
Title report.
The report shall include a legal description of the subdivision. The report shall be executed within 30 days before the date an application for final plat approval is submitted to the city.
(2) 
Environmental assessment.
A final plat application shall contain a phase 1 environmental assessment if the city engineer determines such assessment necessary for the subdivision. If hazardous materials are found, appropriate remediation shall be performed in accordance with the state commission on environmental quality or other applicable law prior to final plat approval.
(3) 
Drainage district.
A final plat application shall contain a copy of the approval form from each drainage district in which the property being subdivided is located.
(4) 
Traffic study.
A final plat application shall contain a traffic impact study from a qualified traffic engineering firm for the ultimate build-out to assure that adequate public facilities for transportation generated by the subdivision are being provided. The city engineer may require a traffic impact study to forecast five years or greater in the future. The city engineer may waive the requirements of a traffic impact study if in his opinion a traffic impact study is not needed for the subdivision. Furthermore, if less than 100 vehicle trips per day is anticipated for all streets in the subdivision, then no traffic impact study is required.
(5) 
Special studies.
The applicant shall comply with all local, state, and federal laws pertaining to archeological, geological, and wetland sites, and endangered species applicable to the subdivision and shall provide any documents required by the city to evidence compliance.
(f) 
P&Z action.
(1) 
The P&Z shall review each final plat application.
The P&Z shall approve a final plat if it is in compliance with this division and other rules and regulations adopted by the city council governing plats and the subdivision of land. The P&Z shall review and act on final plat applications within 30 days from the date the final plat application is postmarked or hand-delivered to the city as required by V.T.C.A., Local Government Code, Chapter 212 and Chapter 245. Within these time constraints, the P&Z may take the following actions:
a. 
Grant plat approval with or without conditions; or
b. 
Disapprove any plat if the P&Z determines that such plat fails to comply with this division or other rules or regulations adopted by the city council governing plats or the subdivision or land.
(2) 
The P&Z discourages final plat approval with conditions and will only grant final plat approval with conditions when the applicant can demonstrate extraordinary hardship.
(g) 
Effect of disapproval of final plat by P&Z.
If the P&Z disapproves a final plat, the applicant shall have the choice of withdrawing the plat to correct any deficiencies and then resubmitting such plat to the P&Z, or the applicant may continue the plat application process, with a negative recommendation, to city council. This appeal process shall be a necessary step prior to the initiation of any litigation against the city.
(h) 
Certification for disapproval.
If the P&Z disapproves a final plat, a written certification stating the reasons for the disapproval, the P&Z shall have a written letter prepared to certify the reasons for the disapproval and shall formally adopt any such certification.
(i) 
City council action.
(1) 
If the P&Z grants final plat approval or if the P&Z disapproves a final plat and the applicant decides to continue with the platting process, then the city council shall review each plat submitted to it by the P&Z. City council shall approve any plat if it is in compliance with this division and other rules and regulations adopted by the city council governing plats and the subdivision of land. City council shall review and act on final plats within 30 days after the date the final plat is approved by the P&Z or is considered approved by the inaction of the P&Z, or the P&Z disapproves the final plat. Within these time constraints, city council may take the following actions:
a. 
Grant plat approval with or without conditions; or
b. 
Disapprove the plat if the city council determines that such plat fails to comply with this division or other rules or regulations adopted by the city council governing plats or the subdivision of land.
(2) 
The city council discourages final plat approval with conditions and will only grant final plat approval with conditions when applicant can demonstrate extraordinary hardship.
(3) 
If the city council disapproves a final plat the city council shall have a written letter prepared certifying the reasons for the disapproval and shall formally adopt any such certification.
(Ord. No. 2020-1331, 9-15-2020)
(a) 
Generally.
In addition to the applicable required procedures in division VII-2, review and referral, the following shall apply to preliminary plats.
(b) 
Purpose.
The purpose of a preliminary plat is to provide sufficient information to evaluate and review the general design of a proposed subdivision to ensure compliance with the requirements in section 28-7-36, final plats, if applicable, the requirements of this CDO prior to submittal of a final plat, and all applicable requirements pursuant to the V.T.C.A., Local Government Code, Chapter 212.
(c) 
Pre-application conference.
Prior to submitting an application for preliminary plat approval, the applicant may meet with city staff for comments and advice regarding the procedures, specifications, and standards required by the city for plat approval and the subdivision of land.
(d) 
Preliminary plat application.
(1) 
Required.
All persons desiring to subdivide land, referred to as applicant, shall submit an application for preliminary plat approval as set forth herein, unless such person's subdivision is exempted from the requirements to obtain a plat by this article.
(2) 
Application and copies submitted.
The applicant shall submit eight copies of the preliminary plat application to the administrator. The application form shall be kept on file with the city secretary and shall be in a form approved by the city.
(3) 
Preliminary plat application submittal time and date.
A preliminary plat application should be submitted to the administrator no later than 5:00 p.m. on the third Monday before the planning and zoning commission's (P&Z) next regularly scheduled meeting.
(e) 
Required documents for application.
A preliminary plat application shall contain the following documents:
(1) 
Filing fees.
A preliminary plat application shall contain a nonrefundable application fee tendered in the form of a check made payable to the "City of Fulshear, Texas," in the amounts adopted by the city council and on file in the city secretary's office.
(2) 
Copies required.
A preliminary plat application shall contain eight 24-inch by 36-inch paper prints of the original plat drawing, reproduced on white paper with blue or black lines, each of which shall be folded to eight and one-half inches by 14 inches. Additionally, a preliminary plat application shall contain one electronic format of the original plat drawing in either PDF or CAD format.
(3) 
Encumbrances information.
A preliminary plat application shall contain a statement or certificate, either in separate writing or on the plat, executed by the applicant or the person who prepared the plat, which certifies that all existing easements, rights-of-way, fee strips, and significant topographical features on the land being platted are shown and accurately identified on the plat and, further, stating whether the plat being submitted includes all of the contiguous land that the subdivider owns, directly or indirectly, or has a legal or beneficial interest in, or whether the subdivider owns or has a legal interest in any adjacent property. If the subdivider owns, directly or indirectly, or has a legal or beneficial interest in any adjacent property, the extent of such ownership and a boundary description of the land involved also shall be shown on the plat.
(4) 
Notice to utilities.
A preliminary plat application shall contain notice letters to all utility companies that provide service to the area encompassed by the subdivision, whether public or private. Such notice letters shall contain a statement of the intent to subdivide, the intended use of the property within the subdivision, and shall have attached to such notice letter a copy of the preliminary plat that is filed with the city.
(5) 
Drainage district.
A preliminary plat application shall contain a copy of the review form submitted to each drainage district in which the property being subdivided is located.
(6) 
Water and sewer certification.
A preliminary plat application shall contain a letter certifying that water and sewer service is available to the subdivision and that services will be provided from the appropriate utility provider, or a letter certifying that private water wells and septic systems approval have been granted for the subdivision.
(7) 
State department of transportation.
A preliminary plat application shall contain a permit or a no objection letter from the state department of transportation if the subdivision is adjacent to or ties into a state highway.
(8) 
Other jurisdictions.
A preliminary plat application shall contain approval documents from any other applicable governmental entity, district, or entity with jurisdiction in the subdivision; however, a preliminary plat application is not required to have either Fort Bend County or Waller County approval.
(9) 
Other documents.
A preliminary plat application shall contain any other documents the city may require to determine compliance with the standards of this division.
(f) 
Form and content of preliminary plats.
All preliminary plats submitted to the P&Z shall contain the following:
(1) 
The proposed name of the subdivision or development, which shall not be a duplicate of any subdivision or development of record in the county of recording;
(2) 
The legal description of the property proposed to be subdivided, including the name of the county, survey, and abstract number, together with reference to at least one established corner of a nearby recorded subdivision or the nearest public street right-of-way intersection;
(3) 
The total acreage and total number of lots, blocks, and reserves;
a. 
Proposed use of land;
b. 
Setbacks;
c. 
Green or open space;
d. 
Easements and rights-of-way; and
e. 
Pipelines, including setbacks, and available information on the content and what the pipeline is engineered for.
(4) 
The name of the owner of the property. If the owner is other than a natural person, the name of the principal officer of the entity;
(5) 
The name of the person or firm who prepared the plat;
(6) 
The date on which the plat was drawn;
(7) 
The north point. The drawing of the subdivision shall be oriented with north to the top of the drawing;
(8) 
The scale for a preliminary plat shall be one-inch equals 100 feet, or for projects less than ten acres the scale acceptable for a preliminary plat shall be one-inch equals 50 feet;
(9) 
A scale vicinity map shall be provided and made a part of the plat indicating the general location of the subdivision and its relationship with streets, railroads, watercourses, and similar features in all directions from the subdivision to a distance of at least one-half mile. The scale of the vicinity map shall be oriented with north to the top of the drawing;
(10) 
The plat boundaries shall be drawn with heavy lines to indicate the subdivision with overall survey dimensions and bearings. Lines outside the subdivision shall be drawn as dashed lines;
(11) 
The adjacent areas outside the subdivision shall be identified with the name of the adjacent subdivisions (including recording information), the names of the recorded owners, places of public assembly, schools, parks, bayous, drainageways, acreage, and all existing streets, easements, pipelines, and other restricted uses;
(12) 
The location and approximate width of existing and proposed watercourses, ravines, drainage easements, and topographical elevations; and the boundaries of designated flood zones, as provided in the latest edition of the Federal Insurance Rate Map as published by the Federal Emergency Management Agency. All such information shall be certified by a registered professional land surveyor or a registered professional engineer authorized to do business in the state;
(13) 
Contours with intervals of five-tenths-foot, referred to sea level (U.S. Coast and Geodetic Survey) datum, as required to show at least two contours within and adjacent to the subdivision. If the change in elevation throughout the subdivision is less than one foot, then the plat shall show the outfall drainage plan and identify basis of control and temporary benchmark set within the subdivision;
(14) 
The location and identification of all reserve tracts. If not a specific use, reserve tracts shall be identified as "unrestricted reserve." Specific uses shall be designated "restricted reserve." Specific uses include, but are not limited to, single-family residential, utility, places of public assembly, park, recreational, school, landscaping, sewage disposal, water plants, or drainage uses;
(15) 
The location, widths, and names of all existing and proposed streets, roads, alleys, half-streets, and easements within the subdivision and immediately adjacent thereto, the location of all existing permanent buildings within the subdivision, and all existing easements and other important features, such as section lines, political subdivision, or corporate limit lines, on all sides for a distance of not less than 200 feet;
(16) 
The names of all existing and proposed streets located within the subdivision and immediately adjacent thereto. If all or part of a street or major thoroughfare runs through the subdivision, the plat shall depict such street, and the plat shall contain a note that such street will be dedicated to the city. Furthermore, the developer shall build such street in accordance with the city's standards established in section 28-4-5, streets, driveways, and alleys;
(17) 
The location of all lots, blocks, building setback lines, and other features, within the subdivision, with approximate dimensions;
(18) 
The proposed layout of the subdivision, showing streets, blocks, lots, alleys, easements, building lines, reserves, and parks with principal dimensions; and
(19) 
All parkland dedications as set forth in section 28-4-16, parkland dedication.
(g) 
P&Z action.
(1) 
Review and approval.
The P&Z shall:
a. 
Review each preliminary plat application, except for amending plats, minor plats, and certain replats.
b. 
Approve a preliminary plat if it is in compliance with all provisions of this division and article IV, subdivision regulations.
(2) 
Required timeframe.
The P&Z shall review and act on preliminary plat applications within 30 days from the date the preliminary plat application is postmarked or hand-delivered to the city as required by V.T.C.A., Local Government Code, Chapter 212 and Chapter 245. Within these time constraints, the P&Z shall take the following actions:
a. 
Grant plat approval with or without conditions; or
b. 
Disapprove any plat if the P&Z determines that such plat fails to comply with this division or other rules or regulations adopted by the city council governing plats or the subdivision or land.
(3) 
Certification for disapproval.
If the P&Z disapproves a preliminary plat a written certification stating the reasons for the disapproval, the P&Z shall have a written letter prepared certifying the reasons for the disapproval.
(Ord. No. 2020-1331, 9-15-2020)
(a) 
Generally.
In addition to the applicable required procedures in division VII-2, review and referral, the following shall apply to replats.
(b) 
Purpose.
The purpose of a replat is to allow a property owner to add additional lots or public rights-of-way to a recorded plat without prior vacation.
(c) 
Replatting without vacating preceding plat.
In accordance with V.T.C.A., Local Government Code §§ 212.014, 212.0145 and 212.015, 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:
(1) 
Is signed and acknowledged by only the owners of the property being replatted;
(2) 
Is approved, after a public hearing on the matter, if required in table 28-7-14, summary of review procedures, by the P&Z; and
(3) 
Does not attempt to amend or remove any covenants or restrictions.
(d) 
Utilities.
The relocation and/or abandonment of any utilities shall be the responsibility of the subdivider and shall be provided for concurrently with the replat. The cost of any such relocation and/or abandonment shall be borne by the subdivider.
(Ord. No. 2020-1331, 9-15-2020)
(a) 
Purpose.
The purpose of this section is to delegate to the administrator the authority to approve simplified subdivision plats.
(b) 
Applicability.
See section 28-4-2(c), exemption from platting.
(c) 
Application requirements.
In addition to the applicable required procedures in division VII-2, review and referral, the following is required when submitting a simplified subdivision plat:
(1) 
The subdivision shall be described by metes and bounds;
(2) 
The subdivision shall be located with respect to a corner of the survey or tract or an original corner of the original survey of which it is a part;
(3) 
The dimensions of the subdivision shall be shown including each street, alley, square, park, or other part 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 street, alley, square, park, or other part;
(4) 
The owner or proprietor of the tract or the owner's or proprietor's agent must acknowledge the plat in the manner required for the acknowledgement of deeds;
(5) 
The plat shall be filed and recorded with the county clerk of the county in which the tract is located; and
(6) 
The plat shall be subject to the filing and recording provisions of section 12.002, of the property code.
(Ord. No. 2020-1331, 9-15-2020; Ord. No. 2023-1423, 5-16-2023)
(a) 
Generally.
In addition to the applicable required procedures in division VII-2, review and referral, the following shall apply to vacating plats.
(b) 
Purpose.
The purpose of a vacating plat is to eliminate the subdivision of property reflected by a prior recorded plat, whereby the subdivided land would return to a single unit of property.
(c) 
Vacation of plat.
In accordance with V.T.C.A. Local Government Code § 212.013, a recorded plat may be vacated pursuant to the following.
(1) 
Common ownership.
The owners of the tract covered by a plat may vacate the plat at any time before any lot in the subdivision is sold.
(2) 
Separate ownership.
If lots in the subdivision have been sold, the subdivision, or any part of the subdivision, may be vacated on the application of all the owners of lots in the subdivision with approval obtained in the manner prescribed for the original plat for the subdivision.
(3) 
When vacated.
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.
(4) 
Execution and recording.
On the execution and recording of the vacating instrument, the vacated plat has no effect.
(5) 
Utilities.
The relocation and/or abandonment of any utilities shall be the responsibility of the subdivider and shall be provided for concurrently with the vacation procedure. The cost of any such relocation and/or abandonment shall be borne by the subdivider.
(d) 
Government initiated plat vacation.
(1) 
Generally.
The P&Z may vacate a plat of an approved subdivision when:
a. 
No lots within the approved plat have been sold within five years from the date that the plat was approved;
b. 
The city is unable to obtain funds from the subdivider's bonding company with which to complete construction of unfinished and abandoned public improvements, except that the vacation shall apply only to lots owned by the subdivider or its successor; or
c. 
The plat has been of record for more than five years and the P&Z determines that the further resale of lots within the subdivision presents a threat to public health, safety, and general welfare, except that the vacation shall apply only to lots owned by the subdivider or its successors.
(2) 
Notice.
Prior to initiating a plat vacation, the P&Z shall follow the notice requirements set forth in V.T.C.A., Local Government Code Section 212.015.
(e) 
Utilities.
The relocation and/or abandonment of any utilities shall be the responsibility of the subdivider and shall be provided for concurrently with the vacation plat. The cost of any such relocation and/or abandonment shall be borne by the subdivider.
(Ord. No. 2020-1331, 9-15-2020)