The owner of a lot, tract, site or parcel must obtain final plat approval for any subdivision or development activity to which this chapter applies. The plat approval process generally consists of the following procedures:

Application forms and procedures.

Pre-application meeting.

One or more pre-application meetings with city staff for review and discussion of the applicant's proposed development. The preapplication meeting is the initial step in the development process intended to introduce basic project components and area information. The pre-application meeting provides the opportunity for review, analysis, and discussion of basic project intent, design, components and compatibility.

Prior to submitting a concept plan, preliminary plat, final plat, replat, minor plat, or amending plat the applicant shall schedule an appointment through the Planning and Development Department to meet with city staff. The purposes of the pre-application meeting is to review the proposed development with regard to stormwater design requirements and goals of Harker Height's TPDES permit; to discuss the procedures for approval of the plat and the requirements as to general layout of streets and/or reservations of land, street improvements, drainage, sewerage, water service, fire protection, and similar matters, as well as the availability of existing services; and to discuss application procedures and submittal requirements. A preapplication meeting checklist is located on the city's website.

(b)

The following design standards, specifications, and requirements, as amended, are incorporated by reference into this chapter and are located on the city's website:

Concept Plan/Revised Concept Plan Checklist.

Preliminary Plat/Revised Preliminary Plat Checklist.

Final Plat/Replat/Minor/Amending Plat Checklist.

(c)

The Planning and Development Director may establish procedures and forms with regard to the content, format and number of copies of information constituting an application for a concept plan, preliminary plat, final plat, minor replat, amending plat or replat.

(d)

Approval criteria.

Applications for the approval of plats as defined by this chapter shall be evaluated for compliance with these regulations and the requirements contained in the City's Drainage Criteria Manual, all of which are incorporated herein by reference. The determination of infrastructure needs and capacity and the delineation of floodplain or other limitations on development will be done only during the review and approval of either a preliminary or a final plat complete with required engineering plans and required applicable checklist items. The approval of any plat other than a final plat does not certify the availability or capacity of infrastructure or that the property is suitable for development.

(2)

Submission of an application and a concept plan by the applicant for initial review by city staff, with final review and approval required by the Planning and Zoning Commission and the City Council.

(a)

Concept plan. The purpose of the concept plan is to demonstrate compatibility of the proposed development with this chapter and other applicable city ordinances, and the coordination of improvements within and among individually platted parcels, sections, or phases of a development, and the surrounding properties prior to the consideration of a preliminary plat. The concept plan is an opportunity to detect and correct design challenges before the developer prepares detailed engineering documents, but does not constitute the submittal of a plat.

(b)

Any residential development involving four or fewer lots fronting on an existing street and not requiring the creation of any new street or the extension of any municipal facilities does not require the submittal of a concept plan.

(c)

In lieu of a concept plan, the City Manager may permit submittal of a site plan at the time of building permit application.

(d)

The concept plan shall contain or have attached thereto the following:

Name of the developer, record owner, and authorized agents, proposed name of the development.

A layout of the entire tract, including internal lots, and its relationship to adjacent property, existing development and recorded plats, showing the existing property lines of the land being subdivided, north indicator, and scale.

Topographic contours available from the U.S. Geological Survey.

Significant drainage features and structures including any regulatory one-hundred-year floodplains, the location of existing watercourses, dry creek beds, wells, sinkholes and other similar features.

Specific information related to land use for the proposed development and adjoining property for a distance of 300 feet.

Building placement and building envelopes.

Parking layout.

General landscaping and buffer areas.

Location of all existing and proposed water and sewer lines.

10.

All existing and/or proposed public utility easements and private easements.

11.

Location of all existing and proposed stormwater drainage easements or onsite detention plan.

12.

Location of all existing and proposed streets, sidewalks, alleys, and access points.

13.

Vehicular circulation/connectivity plan.

14.

Location of all existing and proposed fire/emergency vehicle access lanes.

15.

Location of all existing and proposed fire hydrants.

(e)

A concept plan shall be submitted to the Planning and Development Department prior to the submittal of a preliminary plat unless the Director of Planning and Development authorizes concurrent filing.

(f)

The concept plan shall be drawn on 24" x 36" sheets and/or on a plat document size format so as to be consistent with the preliminary/final plat document. When more than one sheet is necessary to illustrate the entire area, an index sheet showing the entire subdivision, at a scale sufficient to identify the drawings that follow, shall be attached to the concept plan document.

(g)

The City Manager or his designated appointee will have the authority to review and approve any substantial amendments to a prior concept plan.

(h)

An approved concept plan shall expire if there is more than a 24-month period of time between its approval and the submittal of a preliminary plat.

(3)

Submission of a preliminary plat and preliminary engineering drawings by the applicant for review and approval by the Planning and Zoning Commission and City Council.

(4)

Submission of final engineering drawings and construction of infrastructure by the applicant for approval by the Director of Planning and Development and the Director of Public Works.

(5)

Submission of a final plat by the applicant for review and approval by the Director of Planning and Development along with a letter of credit or performance bond for any infrastructure item that is not complete. The Planning and Development Director may not disapprove the plat but shall refer any plat to the Planning and Zoning Commission if the applicant refuses to implement the Director's recommendations.

(6)

Submission of Mylars, field notes, dedication, and as built drawings signed by a Texas Professional Engineer (when required). In addition, if the applicant is other than a natural person acting on his own behalf, submit a resolution, unanimous consent, or other such instrument in recordable form authorizing specific persons to act on behalf of the applicant in requesting final plat approval.

(7)

Filing of final plat.

(B)

Applications for minor plats, replats, amending plats, preliminary plats and final plats shall be submitted to the Planning and Development Department. Applications shall contain the following.

(1)

Application.

Completed application form.

(2)

Fee.

Application fee as established by the City Council and stated in the city’s fee schedule.

(3)

Copies.

(a)

Preliminary plats shall require ten paper copies of the plat, and seven sets of preliminary engineering drawings with necessary calculations. After plat comments are approved by the City Council, the developer shall submit three corrected copies of the plat and/or engineering drawings if changes to the plat and/or engineering drawings are required. Corrected copies should be submitted before construction begins on the subdivision.

(b)

Final plats shall require ten paper copies of the plat and seven sets of final engineering drawings with necessary calculations. After plat comments are approved by the Planning and Zoning Commission, and the City Council if necessary, the developer shall submit three corrected copies of the plat and/or engineering drawings if changes to the plat and/or engineering drawings are required.

(c)

A digital copy of the final plat must be submitted. Digital final plat files should be submitted in DXF, DWG or GIS shapefile/feature class/coverage format. This digital format shall be an exact replica of any required and/or included data represented on the submitted hard copy of the final plat. Engineering drawings are excepted from this requirement. This data must be provided on standard transfer media or by electronic transfer (three and one-half inch floppy disk or CD-ROM, DVD, e-mail attachment or any other media as approved by the city Planning Department). The submitted transfer media shall be labeled with the project name (subdivision name) and filing date. State Plane 83 Texas South Central Zone 4204 coordinate system should be the base of all submissions whenever possible.

(4)

Time line.

Submittal of plats and engineering drawings, not meeting the standards for being a minor plat, shall be made 28 days prior to the scheduled Planning and Zoning Commission meeting as preliminary plats and preliminary engineering drawings. Preliminary plats and preliminary engineering drawings shall be presented to the Council within 30 days of action being taken by the Planning and Zoning Commission. Final plats and final engineering drawings shall be reviewed by the Director of Planning and Development. Final plats and final engineering drawings shall be reviewed by the Planning and Zoning Commission and the Council only if the Director of Planning and Development finds that there is substantial deviation, as defined in § 154.21(B), from the preliminary plat or preliminary engineering drawings. If the Director of Planning and Development rules that a final plat and/or final engineering drawings substantially deviate from the approved preliminary plat and/or preliminary engineering drawings, then the Planning and Zoning Commission shall have 30 days from the date of application of the plat to make a ruling and the City Council shall have 30 days from the date of the Planning and Zoning Commission’s ruling to take action on the final plat.

(5)

Post approval of final plat.

The developer shall provide the city with two original reproducible Mylars and two paper copies of the plat with the required original signatures, dedications and specific notations.

(6)

As built drawing submittal requirements.

The developer shall provide the city with a digital copy and a single set of paper drawings of the constructed infrastructure. These drawings shall meet the requirements as set in § 154.25, “As Built Drawings”. Digital as built files should be submitted in PDF, DXF, DWG or GIS shapefile/feature class/coverage format. This digital format shall be an exact replica of any required and/or included data represented on the submitted hard copy drawing/document. This data must be provided on standard transfer media or by electronic transfer (three and one-half inch floppy disk or CD-ROM, DVD, e-mail attachment or any other media as approved by the city Planning Department). The submitted transfer media shall be labeled with the project name (subdivision name) and filing date. State Plane 83 Texas South Central Zone 4204 coordinate system should be the base of all submissions whenever possible. Failure to do so could result in revocation or denial of construction permits and/or certificate of occupancy.

(Ord. 2010-08, 3-9-2010; Ord. 2012-21, 10-9-2012; Ord. 2014-25, 10-28-2014; Ord. 2023-48, 12-12-2023)

§ 154.21 Preliminary Plat.

(A)

General.

The preliminary plat and preliminary engineering drawings shall show all proposed phases of development of an area of land under the same ownership. Approval or conditional approval of the concept plan (if required), the preliminary plat and preliminary engineering drawings is required by the Planning and Zoning Commission and City Council prior to consideration of the final plat and final engineering drawings by the Director of Planning and Development. Preliminary plats and preliminary engineering drawings shall be deemed approved if no action is taken by the Planning and Zoning Commission within 30 days of submittal, and if no action is taken by the City Council within 30 days of Planning and Zoning Commission approval.

(B)

Changes to preliminary plat.

An approved preliminary plat and/or preliminary engineering drawings is binding and must be complied with; however, it may be amended at the request of the developer, or required by the city per this section. Substantial amendments or changes to an approved preliminary plat or preliminary engineering drawings must be reviewed and approved by the Planning and Zoning Commission as well as by the City Council. Minor amendments may be approved by the Planning and Development Director. Minor amendments are those that:

(1)

Increase by 10% or less the number of lots or potential structures that can be accommodated by the infrastructure;

(2)

Reduce the number of lots; and

(3)

Any proposed change in infrastructure is considered a major amendment, unless deemed by the Public Works Director as a minor amendment.

(C)

Form and content.

A complete submission for approval shall contain ten paper copies of the plat and seven paper copies of the engineering drawings. Failure to submit the plat and engineering drawings together in the quantities as stated herein at the time of submission shall be deemed an incomplete submission. The submission shall not be considered complete until all required documents (plat and engineering documents) in their respective quantities as stated herein are submitted.

(1)

Preliminary plat.

The preliminary plat shall be prepared and sealed by a Texas Licensed Professional Engineer or Texas Registered Professional Land Surveyor and plotted on 22 inch by 34 inch sheets at a scale of one inch to 100 feet or larger. The plat shall conform to the general requirements and minimum standards of design and requirements, and shall include the following elements as applicable:

(a)

A cover sheet is required for all plats involving three or more sheets. All plan sheet numbers shall be placed on the cover along with the corresponding plan sheet titles. This cover sheet should include a listing of all plan sheet numbers and plan sheet titles in the engineering drawings as well. A vicinity map should always be included on the cover sheet to show the project location;

(b)

Title block including proposed subdivision name, phase, block and lot numbers, current legal description (or reference thereto), acreage, name and address of property owner, name and address of surveyor/engineer, date of survey, date of preparation and page content title. This title block shall be present on each page of the plat;

(c)

Index sheet for plats with more than one sheet that shows the entire subdivision drawn to a scale of not less than one inch equals 100 feet;

(d)

Legal description, existing boundary, lot lines and right-of-way lines of streets and easements with accurate dimensions, bearings, deflection angles, radii and central angles of all curves;

(e)

Phasing plan if subdivision is to be constructed in phases;

(f)

Lot lines shall have line dimensions clearly displayed within the lot along with the lot’s respective lot number. Groups of lots that are considered within a block shall have the block number clearly displayed;

(g)

All right-of-way lines and easements shall be clearly displayed on the plat. The plat shall clearly display the location, size and purpose of all existing and proposed easements on or adjoining the property;

(h)

Location of existing and proposed streets, alleys, bikeways and sidewalks on or adjoining the site. Such information shall include name, right-of-way widths, type and width of surfacing. All private streets shall be clearly labeled;

(i)

Any areas reserved or dedicated for public uses;

(j)

Easements and street stub-outs necessary to serve adjacent properties;

(k)

Adjacent property information including present ownership, legal descriptions (recorded volume and page) and property lines within 100 feet;

(l)

Primary control points or descriptions and ties to such control points to which all dimensions, angles, bearings and similar data shall be referred. The plat shall be located with respect to a corner of the surveyor tract, or an original corner of the original survey of which it is a part. Temporary benchmarks and NGS datum shall be described on each sheet;

(m)

Scale, basis of bearing and benchmarks (datum) and description shall all be clearly displayed on the plat; and

(n)

A north arrow is required on all sheets and should be oriented either upward or to the right. It is the intent of this requirement that all stationing should start from cardinal points of the compass and proceed in the direction of construction.

(2)

Preliminary engineering drawings.

Preliminary engineering drawings shall be prepared and sealed by a Texas Licensed Professional Engineer and plotted on 22 inch by 34 inch sheets at a scale of one inch to 100 feet or larger. The preliminary engineering drawings shall match the features found on the preliminary plat and they shall conform to the general requirements and minimum standards of design and requirements in accordance with the most current edition of the Standard Specifications for Public Works Construction, North Central Texas adopted by the city, and shall include the following elements as applicable:

(a)

Title block including proposed subdivision name, phase(s), block and lot numbers, current legal description (or reference thereto), acreage, name and address of property owner, name and address of surveyor/engineer, date of survey, date of preparation and page content title. This title block shall be present on each page of the preliminary engineering drawings;

(b)

Water layout plan view to include rough locations of service connections, pipe diameters, valves, hydrants and flush assemblies;

(c)

Sanitary sewer layout plan to include rough locations of service connections, pipe diameters, cleanouts and manholes;

(d)

Street and sidewalk layout plan view; and

(e)

Storm water drainage layout plan (drainage calculations are only necessary on major drainage structures at this step).

(D)

Processing preliminary plat.

(1)

Submission of preliminary plat application along with all items required in § 154.20 (B)(3)(a).

(2)

The preliminary plat and preliminary engineering drawings shall be reviewed by the Planning and Development Department for conformity with the city’s plans, thoroughfare plan, utility master plan, engineering standards and specifications, city ordinances and other applicable city standards. Upon completion of this review, the preliminary plat and preliminary engineering drawings shall be submitted to the Planning and Zoning Commission.

(3)

The Planning and Zoning Commission shall review the preliminary plat, preliminary engineering drawings and all staff’s recommendations. Particular attention will be given to the arrangement, location and width of streets, their relation to the topography of the land, lot sizes and arrangement, water and sewer lines, drainage, the further development of adjoining lands and the requirements of city ordinances, policies and plans.

(4)

The Planning and Zoning Commission shall act on the preliminary plat and preliminary engineering drawings and may advise the developer of any specific changes or additions they will require in the layout, or comment on the character and extent of improvements and dedications that will be required prior to infrastructure construction and as a prerequisite to the approval of the final plat and final engineering drawings.

(5)

The Planning and Zoning Commission shall forward the preliminary plat and preliminary engineering drawings with their approval to the City Council for their consideration. The Planning and Development Director shall inform the developer in writing of the decision of the Planning and Zoning Commission and City Council including any conditions for approval or reasons for disapproval. If disapproved by the Planning and Zoning Commission or the City Council, the applicant may resubmit a preliminary plat and preliminary engineering drawings addressing the concerns of the Planning and Zoning Commission and the City Council for reconsideration.

(6)

A preliminary plat and preliminary engineering drawings shall expire 24 months after approval unless:

(a)

An extension is applied for and granted by the Director of Planning and Development if the city’s regulations and requirements have not changed;

(b)

Final plat submittal, on at least one phase, occurs within 24 months following the initial approval; or

(c)

Preliminary plats and preliminary engineering drawings will also expire if there is a more than a 24 month period of time between approval and submittal of any phase of the preliminary plat.

(7)

Submittal shall be 28 days prior to the scheduled Planning and Zoning Commission meeting. The plat and engineering drawings shall be presented to the Council within 30 days of action being taken by the Planning and Zoning Commission for their consideration. The plat and engineering drawings shall be considered approved if the Council does not act on it within 30 days after the Planning and Zoning Commission has acted on it.

(Ord. 2010-08, 3-9-2010; Ord. 2012-21, 10-9-2012; Ord. 2014-25, 10-28-2014)

§ 154.22 Final Plat.

(A)

General.

The final plat and final engineering drawings shall be substantially consistent per requirements in § 154.21(B) with the preliminary plat and preliminary engineering drawings for the subject phase of construction. The first phase of a subdivision shall have its final plats and final engineering drawings submitted within 24 months of approval of preliminary plat and preliminary engineering drawings after which time, a new preliminary plat and preliminary engineering drawings may be required. Final plats and final engineering drawings shall be deemed approved if no action is taken by the Planning and Development Director within 30 days of submittal or 60 days if the final plat is referred by the Planning and Development Director to the Planning and Zoning Commission and the City Council due to substantial deviation from the preliminary plat as determined by § 154.21(B).

(B)

Form and content.

(1)

Final plat.

Shall be prepared and sealed by a Texas Licensed Professional Engineer or Texas Registered Professional Land Surveyor and plotted on 22 inch by 34 inch sheets at a scale of one inch to 100 feet or larger. The plat shall conform to the general requirements and minimum standards of design and requirements, and shall include the following elements as applicable:

(a)

A cover sheet is required for all plats involving three or more sheets. All plan sheet numbers shall be placed on the cover along with the corresponding plan sheet titles. Cover sheet shall include all plan sheet numbers and plan sheet titles shown in the engineering drawings as well. A vicinity map should always be included on the cover sheet to show the project location;

(b)

(c)

Legal description, existing boundary, lot lines and right-of-way lines of streets and easements with accurate dimensions, bearings, deflection angles, radii and central angles of all curves;

(d)

Index sheet for plats with more than one sheet that shows the entire subdivision drawn to a scale of not less than one inch equals 100 feet;

Any areas reserved or dedicated for public uses;

(i)

Notes addressing how lots with low wastewater service tolerances will be served;

(j)

Delineation of the Federal Emergency Management Association (FEMA) Special Flood Hazard Area as well as any hazards from adjacent detention facilities or as required by the city;

(k)

Easements and street stub-outs necessary to serve adjacent properties;

(l)

Adjacent property information including present ownership, legal descriptions (recorded volume and page) and property lines within 100 feet;

(m)

(n)

Scale, basis of bearing and benchmarks (datum) and description shall all be clearly displayed on the plat;

(o)

(p)

Minimum building setback lines on all lots and other sites;

(q)

Signature/certification blocks. All final plats shall have affixed to the first page of the plat sheets to be recorded the following elements as applicable:

A surveyor’s certificate, in the following format, shall be placed on the final plat:

KNOW ALL MEN BY THESE PRESENTS:

That I, _____, do hereby certify that I prepared this plat from an actual and accurate survey of the land and that the corner monuments shown thereon were properly placed under my personal supervision, in accordance with the Subdivision and Property Development Regulations of the City of Harker Heights, Texas.

_________________________

Signature

_________________________

Texas Reg. No.

An original certificate of ownership and of dedication of all streets, alleys, easements and lands to public use forever, signed and acknowledged before a notary public by the owner of the land, shall appear on the face of the map, containing complete and accurate description of the property being platted and the streets dedicated;

A certificate of approval by the Planning and Zoning Commission, in the following format, shall be placed on the final plat.

Approved this __________ day of _____, __________, by the Planning and Zoning Commission of the City of Harker Heights, Texas.

_________________________

Chairperson, Planning and Zoning Commission

_________________________

Secretary, Planning and Zoning Commission

A certificate of approval by the City Council, in the following format shall be placed on the final plat:

Approved this __________ day of _____, by the City Council of the City of Harker Heights, Texas.

_________________________

Mayor

_________________________

City Secretary

A certificate of approval by the Director of Planning and Development, in the following format shall be placed on the final plat:

Approved this the __________ day of _____, by the Director of Planning and Development of the City of Harker Heights, Bell County, Texas.

_______________

Director of Planning and Development

A tax certification block, in the following format, shall be placed on the final plat:

The Bell County Tax Appraisal District, the taxing authority for all entities in Bell County, Texas, does hereby certify that there are currently no delinquent taxes due or owing on the property described by this plat.

Dated this __________ day of _____, A.D._____ Bell County Tax Appraisal District

By: ____________________

A recordation block, in the following format, shall be placed on the final plat:

FILED FOR RECORD this _____ day of _____, __________ in Cabinet __________, Slide(s) __________, Plat Records of Bell County, Texas. Dedication instrument in Instrument # _____, Deed Records of Bell County, Texas.

(2)

Final engineering drawings.

Engineering drawings shall be prepared and sealed by a Texas Licensed Professional Engineer and plotted on 22 inch by 34 inch sheets at a scale of one inch to 100 feet or larger. The engineering drawings shall match the features found on the final plat and they shall conform to the general requirements and minimum standards of design and requirements in accordance with the most current edition of the Standard Specifications for Public Works Construction, North Central Texas, and shall include the following elements as applicable:

(a)

(b)

Lot layout showing the area in square feet of each lot proposed;

(c)

Water layout plan, fire flow/water design report, details;

(d)

Sanitary sewer layout plan and profiles, a wastewater design report, details, specifications, lift station capacity and a detailed engineering estimate;

(e)

Street plan and profiles, to include paving details and a traffic control plan (if applicable);

(f)

Street light layout;

(g)

Display natural ground profiles of each right-of-way or easement line. Centerline profiles will be satisfactory for right-of-way or easements, except where there is a difference of 0.50 foot or more from one right-of-way or easement line to the other line measured parallel at any point along the right-of-way or easement;

(h)

Storm water plan and profiles of culverts and channels, a grading plan with two foot contours, a drainage report, an erosion and sedimentation control plan, delineated drainage basins, details for all structures, specifications and a detailed engineering estimate;

(i)

Existing contours at intervals of two feet for grades up to 5% and not more than five feet for grades over 5%;

(j)

Drainage information and calculations required by Chapter 158, including, but not limited to, drainage channel and detention pond locations and approximate size of facilities. Flow line elevations shall be shown along with direction of flow of all existing or proposed drainage features;

(k)

Drainage structures, 100-year floodplain, floodway, watercourses, railroad, structures and other physical features on or adjacent to the site;

(l)

Location and size of all existing and/or proposed city utilities, and all others where known. All city utility lines six inches in diameter or larger within the right-of-way shall be shown on the profile view. All utility lines, regardless of size, should be shown in the plan view, where known;

(m)

Major thoroughfare plans and profiles shall be drawn at a scale of one inch equals two feet vertically and one inch equals 20 feet horizontally. Minor streets and easement plans and profiles shall be drawn at a scale of one inch equals five feet vertically and one inch equals 50 feet horizontally or one inch equals four feet vertically and one inch equals 40 feet horizontally. Label each plan sheet as to street widths, right-of-way widths, pavement width and thickness, type of roadway materials, curbs, intersection radii, curve data, stationing, existing utilities type and location. Stationing must run from left to right, except for short streets or lines originating from a major intersection where the full length can be shown on a single plan and profile sheet;

(n)

Texas Department of Transportation (TXDOT) approvals for driveway and drainage into their jurisdiction, if applicable;

(o)

Existing conditions such as marshes, wooded areas, buildings and other significant features;

(p)

Significant features on adjacent properties such as slopes, structures and power lines;

(q)

Grading, erosion and sedimentation control plan;

(r)

Details of all special structures and standard details, such as drainage features, streams and gully crossing, special manholes and the like, shall be drawn with the vertical and horizontal scales equal to each other; and

(s)

Station all point of curvature (P.C.’s), point of tangency (P.T.’s) radius returns and grade change point of intersection (P.I.’s) in the profile with their respective elevations.

(3)

Resolution/dedication/field notes.

The applicant will furnish the city with a signed, original copy of the dedication, resolution and field notes, as applicable, at the same time the final plat and final engineering drawings are submitted for approval.

(C)

Processing final plat.

(1)

Submission of application as provided under § 154.20(B)(3)(b).

(2)

The final plat and final engineering drawings shall be reviewed by the Planning and Development Department for conformity with the approved preliminary plat and preliminary engineering drawings, city’s plans, thoroughfare plan, utility master plan, engineering standards and specifications, city ordinances and other applicable city standards. Upon completion of this review, the final plat and final engineering drawings shall be approved by the Director of Planning and Development or submitted to the Planing and Zoning Commission for review.

(3)

If forwarded onto the Planning and Zoning Commission, the commission shall study the final plat and final engineering drawings and all recommendations. Particular attention will be given to the arrangement, location and width of streets, their relation to the topography of the land, lot sizes and arrangement, water and sewer lines, drainage, the further development of adjoining lands and the requirements of city ordinances, polices and plans. The Planning and Zoning Commission shall act on the plat and engineering drawings and may advise the developer of any specific changes or additions they will require in the layout, or comment on the character and extent of improvements and dedications that will be required as a prerequisite to the approval of the final plat and final engineering drawings. The final plat and final engineering drawings approval is the Planning and Zoning Commission’s responsibility, unless the Commission forwards the final plat and final engineering drawings to the Council because of a deviation from the preliminary plat and preliminary engineering drawings as defined in § 154.21(B).

(4)

The final plat and final engineering drawings shall not be: approved, conditionally approved or filed for record and no permits shall be issued until the applicant posts with the city a letter of credit/performance bond for any infrastructure construction remaining.

(Ord. 2010-08, 3-9-2010)

§ 154.23 Guarantee of Performance.

(A)

General.

In order to record an approved final plat in which public infrastructure improvements are required, the developer shall construct the improvements to the approval of the city or file a guarantee of performance in lieu of completing the infrastructure prior to recordation of the plat. All such construction shall be inspected while in progress by the Public Works Department and must be approved upon completion by the Public Works Director or his or her designee.

(B)

Filing a guarantee.

If the developer elects to file a guarantee of performance in lieu of completing construction prior to recording the plat, one of the following methods of posting security shall be used, while the city does reserve the right to select which of the following guarantees of performance is utilized.

(1)

Unconditional letter of credit from a local bank, local federally insured Savings and Loan Association or other financial institution in a form acceptable to the city and signed by a principal officer of the institution, agreeing to pay to the city, on demand, a stipulated sum of money to apply to the estimated costs of completion of all required improvements, cost of completion of the required improvements being verified by the City Engineer. The letter of credit shall be dated to expire not less than one year from the recordation of the final plat. If the required infrastructure is not complete within six months of acceptance of the letter of credit, the city shall use the funds to construct the improvements.

(2)

Performance bond submitted with the city by a surety company holding a license to do business in the State of Texas, in a form acceptable to the city, in an amount equal to the estimated costs of completion of required improvements verified by the City Engineer. It shall be dated to expire not less than one year from the recordation of the final plat. If the required infrastructure is not complete within six months of acceptance of the letter of credit, the city shall use the funds to construct the improvements.

(C)

Guarantee of performance.

For the guarantee of performance, as described in this section, the Engineer whose stamp and signature are found on the final plat and final engineering drawings shall prepare a detailed estimate of outstanding infrastructure items to include the cost of each item, the cost of installation of each item and the total cumulative cost of all outstanding infrastructure items. This detailed estimate should be stamped and signed by the Engineer. The city’s Engineer shall review this detailed estimate to ensure that all items are accounted for and are valued at costs that are reasonable given the market at the time of which the project occurs. The city may request that the developer make modifications to the detailed estimate to reflect comments from the city’s Engineer. Once approved by the city’s Engineer, the city will accept the guarantee of performance, as described in this section, for the total cumulative cost as shown on the detailed estimate, and the final plat shall be filed with the county.

(Ord. 2010-08, 3-9-2010)

§ 154.24 Maintenance Bond Required.

(A)

Before the issuance of any building permit, the subdivider shall furnish the city with a maintenance bond, or other surety instrument such as a letter of credit or escrow account. The purpose of the maintenance bond/surety instruments is to assure the quality of materials and workmanship and maintenance of all required improvements including the city’s costs for collecting the guaranteed funds and administering the correction and/or replacement of covered improvements in the event the subdivider defaults. The maintenance bond or other surety instrument shall be satisfactory to the city as to form, sufficiency and manner of execution. For water and sewer related improvements, the bond or other instrument shall be in an amount equal to 20% of the cost of improvements verified by the city Engineer and shall run for a period of one calendar year. Bonds or other instruments for streets and drainage facilities shall be in an amount equal to 40% of the improvements verified by the city Engineer and shall run for a period of two calendar years. Effective time frame for bonds or other instruments will be measured from the date of release of the performance surely instrument, or signing and recording of the final plat whichever is later. In an instance where a maintenance bond or other surety instrument has been posted and a defect or failure of any required improvement occurs within the period of coverage, the city may declare the bond or surety instrument to be in default and require that the improvements be repaired or replaced.

(B)

Whenever a defect or failure of any required improvement occurs within the period of coverage, the city shall require that a new maintenance bond or surety instrument be posted for a period of one full calendar year, except streets and drainage channels and structures which will be for two calendar years. The amount of the bond or instrument will be equal to the amount required to correct the fault or failure. Effective time frame for the new maintenance bond or other instrument shall begin on the date the city inspects and approves the required correction.

(Ord. 2010-08, 3-9-2010)

§ 154.25 As Built Drawings.

(A)

As built drawings.

The purpose of this requirement is to document the subdivision improvements as they were actually built. These drawings are required to replace the approved plans that are on file at the Director of Public Work’s office and as such should contain all of the sheets presented in the final plat and final engineering drawings. These plans shall be labeled “as built” or “record drawings”. These drawings shall minimally include:

(1)

An index sheet listing all plan sheets presented in the as built drawings;

(2)

Drawings shall contain information within tolerances pertinent to the intended function of the design;

(3)

Waterlines and appurtenances shall be field located with a horizontal and vertical location within a tolerance of one foot, more or less;

(4)

Gravity wastewater lines and manholes shall be field located with a vertical location within a tolerance of 0.1 foot, more or less, and a horizontal location within a tolerance of one foot, more or less;

(5)

Pressure wastewater lines and appurtenances shall be field located with a horizontal and vertical location within a tolerance of one foot, more or less;

(6)

Drainage facilities shall be field located with a vertical location within a tolerance of 0.1 foot, more or less, and a horizontal location within a tolerance of one foot more or less;

(7)

Roadway and sidewalk paving shall be field located with a vertical location within a tolerance of 0.1 foot, more or less, and a horizontal location within a tolerance of one foot, more or less;

(8)

All public facilities shall be shown to be located within public rights-of-way or appropriate easements; and

(9)

The as built drawings shall be prepared by a Texas Licensed Professional Engineer and shall bear a certification from the Engineer as follows:

(a)

“To the City of Harker Heights: I certify that the subdivision improvements shown on this sheet reflect any revisions of design as approved by the city and which I authorized, and/or any and all field changes of which I am aware.”; and

(b)

The certification shall be executed by, and shall bear the seal and original signature of the professional Engineer licensed in the State of Texas at the date of such certification that directly supervised the construction of the project pursuant to the Texas Engineering Practice Act.

(B)

As built drawing submittal requirements.

The developer shall provide the city with a digital copy and a single set of drawings of the constructed infrastructure. A digital copy of the as built plat and its as built engineering drawings must be submitted. Digital as-built files should be submitted in PDF, DXF, DWG or GIS shapefile/feature class/coverage format. This digital format shall be an exact replica of any required and/or included data represented on the submitted hard copy drawing/document. This data must be provided on standard transfer media or by electronic transfer (three and one-half inch floppy disk or CD-ROM, DVD, e-mail attachment or any other media as approved by the city Planning Department). The submitted transfer media shall be labeled with the project name (subdivision name) and filing date. State Plane 83 Texas South Central Zone 4204 coordinate system should be the base of all submissions whenever possible. Failure to do so could result in revocation or denial of construction permits and/or certificate of occupancy.

(Ord. 2010-08, 3-9-2010; Ord. 2014-25, 10-28-2014)

§ 154.26 Special Plats or Procedures.

(A)

Amending plats.

(1)

General.

A plat may be considered an amending plat solely for the purposes established in Tex. Loc. Gov’t. Code, § 212.016.

(2)

Form and content.

The amending plat should depict both the current and the proposed configuration of all altered lots. The current configuration should be located on the left side of the plat and shall depict all information as required for a preliminary plat as provided in this chapter. The proposed configuration should be located on the right side of the plat and shall depict all information as required for a final plat as provided in this chapter.

(3)

Processing.

The Planning and Development Director, or the Planning and Zoning Commission and the City Council (if forwarded by the Director of Planning and Development) may approve and issue an amended plat, which may be recorded with the County Clerk and controls over the preceding plat without vacation of the plat, if the amended plat is signed by the applicant(s) and is solely for one or more of the following purposes as established by Tex. Loc. Gov’t. Code, § 212.016:

(a)

To correct an error in a course or distance shown on the preceding plat;

(b)

To add a course or distance that was omitted on the preceding plat;

(c)

To correct an error in the description of the real property shown on the preceding plat;

(d)

To indicate monuments set forth after death, disability or retirement from practice of the Engineer or surveyor responsible for setting monuments;

(e)

To show the proper location or character of any monument which has been changed in location or character or which originally was shown incorrectly as to location or character on the preceding plat;

(f)

To correct any other type of scrivener’s, clerical error or omission previously approved by the Planning and Zoning Commission and/or City Council, including lot numbers, acreage, street names and identification of adjacent recorded plats;

(g)

To correct an error in courses and distances of lot lines between two adjacent lots where both lot owners join in the application for plat amendment and neither lot is abolished; provided, that such amendment does not attempt to remove recorded covenants or restrictions and does not have a material adverse effect on the property rights of the other owners in the plat;

(h)

To relocate a lot line in order to cure an inadvertent encroachment of a building or improvement on a lot line or on an easement;

(i)

To relocate one or more lot lines between one or more adjacent lots where the owner(s) of all such lots join in the application for the plat amendment; provided, that such amendment does not attempt to remove recorded covenants or restrictions and does not increase the number of lots;

(j)

To make necessary changes to the preceding plat to create six or fewer lots in the plat if the changes do not affect applicable zoning and other regulations of the city, and the changes do not attempt to amend or remove any covenants or restrictions and the area covered by the changes is located in an area that the Planning and Zoning Commission and/or the City Council has approved, after a public hearing, as a residential improvement area; and

(k)

To replat one or more lots fronting on an existing street if the owners of all those lots join in the application for the amendment. The amendment does not attempt to remove recorded covenants or restrictions or increase the number of lots; and, the amendment does not create or require the creation of a new street or make necessary the extension of municipal facilities.

(B)

Minor plats.

(1)

General.

A plat of a subdivision involving four or fewer lots fronting on an existing street and not requiring the creation of any new street or the extension of any city infrastructure.

(2)

Processing.

Minor plats shall be approved by the Planning and Development Director if they meet all of the requirements. The Director may elect to forward the plat to the Planning and Zoning Commission for approval.

(3)

Form and content.

Minor plats will be required in general conformance with final plat procedures except in regards to the signature block. The Planning and Zoning and City Council certification blocks as described under final plat requirements should not be utilized on minor plats (all other certification blocks should be utilized). Minor plats should utilize the following certification block in the place of the Planning and Zoning and City Council certification blocks:

APPROVED this the _____ day of _____, by the Director of Planning and Development of the City of Harker Heights, Bell County, Texas.

_______________

Director of Planning and Development

_______________

Attest: City Secretary

(C)

Replat.

(1)

General.

A replat is a revision of a previously platted subdivision that involves vacating the prior subdivision and re-subdivides the property that usually changes the number of lots in accordance with the Tex. Loc. Gov’t. Code, Ch. 212. A replat shall follow the same procedures as are required for an original plat and shall comply with Tex. Loc. Gov’t. Code, Ch. 212 of the Local Government Code, including requirements for public hearings and notifications. Replats may be approved administratively if they qualify under the following:

(a)

Minor plats or replats involving four or fewer lots fronting on an existing street and not requiring the creation of any new street or the extension of municipal facilities; or

(b)

A replat under Tex. Loc. Gov’t. Code, § 212.0145 that does not require the creation of any new street or the extension of municipal facilities.

(2)

Form and content.

The replat shall depict both the current and the proposed configuration of all altered lots. The current configuration should be located on the left side of the plat and shall depict all information as required for preliminary plats as presented in § 154.21. The proposed configuration should be located on the right side of the plat and shall depict all the information as required for final plats as presented in § 154.22.

(D)

Vacating a plat.

(Refer to Tex. Loc. Gov’t. Code, § 212.013). Vacating a plat should follow the same procedure as prescribed for the original plat.

(Ord. 2010-08, 3-9-2010)