The subdivider(s) should avail themselves of the advice and assistance of the City officials, and should consult early and informally with the City Manager, the City Engineer, the Building Official, and/or other designated administrative officers before preparing a land study or any type of plat (e.g., a preliminary plat, final plat, development plat, amended plat, replat, etc.) in order to save time, money and to avoid unnecessary delays. Prior to formal application for approval of any land study or plat (e.g., preliminary, final, amending, replat, development, etc.), the subdivider(s) shall request and attend a pre-application conference with the City Manager (or designee), the City Engineer, the Building Official, and any other pertinent City official(s) in order to become familiar with the City’s development regulations and the development/subdivision process. At the pre-application conference, the developer/subdivider may be represented by his land planner, engineer and/or surveyor.

Zoning Requirements.

A property within the City’s corporate limits that is being proposed for platting must be properly zoned for the proposed use(s) (see the City of Forney’s Zoning Ordinance and Zoning Map) before a preliminary or final plat can be approved or filed for record. In addition, the proposed development layout/subdivision design shown on the preliminary or final plat must be in conformance with all standards and requirements prescribed in the City’s Zoning Ordinance before the plat can be approved or filed. Noncompliance with the requirements of the zoning district in which the subject property is located (or lack of the proper zoning) shall constitute grounds for denial of the plat. A land study may be submitted for review and may be approved without the proper zoning in place, but any such approval is only conditional and shall be subject to acquisition of the proper zoning within one (1) year of the land study approval date. If the proper zoning is not acquired by that time, the approved land study shall expire and shall become null and void.

Classification of Subdivisions and Additions.

Before any land is platted (i.e., filed for record), the property owner shall apply for and secure approval of the proposed subdivision plat in accordance with the following procedures, unless otherwise provided within this Ordinance. Subdivisions are classified as major or minor (see definitions), depending upon the number of lots to be created and upon whether or not any public improvements will be required to develop the property.

Minor subdivisions shall create no more than four (4) lots, and every lot within a minor subdivision shall already be served by all required City utilities and services pursuant to this and other applicable City ordinances. If the development of any lot within the proposed subdivision will require the construction of a new street (or portion thereof) or a public improvement (e.g., water or sewer line, drainage facility, required screening wall, etc.), or if an easement(s) or right-of-way dedication(s) for any public facility(s) or roadway must be established on the plat, then the subdivision (and its corresponding plat) shall be classified as a major subdivision (and plat) and shall be processed/approved as City of Forney, Texas, Subdivision Ordinance as such. Minor subdivisions may be approved for residential or nonresidential properties. Minor plat approval requires the submission of a final plat drawing and other submission materials (see Section 2.11) similar to a final plat, except that the Planning and Zoning Commission shall have the authority of final approval of minor plats. A minor plat that is denied by the Commission may be appealed to City Council using the procedures set forth in Section 2.4f. Lots may be conveyed (i.e., sold) only when the final plat has been approved and the plat has been filed at Kaufman County.

Major subdivisions involve the creation of new streets, the construction/extension of a municipal facility(s), the establishment of an easement(s) or right(s)-of-way for any public facility or roadway, and/or the creation of more than four (4) lots. Major subdivisions may be approved for residential or nonresidential properties. The procedure for approval of a major plat typically requires three steps: land study (or concept plan for nonresidential property), preliminary plat and final plat (see Sections 2.3 through 2.6 for applicability and requirements for each). A concept plan or preliminary site plan (see Zoning Ordinance) that includes sufficient information to provide for the proper coordination of the development may serve as a land study for nonresidential property if authorized by the City Manager. Major plat approval shall be in accordance with Sections 2.4 through 2.6. Upon completion of the required public improvements (or upon submission and City approval of the appropriate surety for public improvements), the final plat may be filed for record at the County. All major subdivision plats must be considered by the Planning and Zoning Commission and approved by City Council, pursuant to Sections 2.4 through 2.8. Lots may be sold only when the final plat has been approved by the City, all public improvements have been constructed (or appropriate surety has been provided), and the plat has been filed at Kaufman County (i.e., if the land is required to be platted, no conveyance sale of any portion/lot of the property may occur until after the final plat is approved by the City and filed at the County).

Submission Requirements.

In addition to the requirements outlined herein for each type of development application, the City shall maintain separate policies and procedures for the submission and processing of applications including, but not limited to, application forms, checklists, language blocks for plats, and other similar items (forms and paperwork are available at the office of the City Manager, or his/her designee). These policies and procedures may be amended from time to time, and it is the applicant’s responsibility to be familiar with, and to comply with, said policies and procedures.

Official Filing Application Submission Date.

For the purpose of these regulations, a plat application is considered "filed" on the date that an applicant submits a plat, a completed plat application, and applicable fees, along with any other requirements prescribed by or under Chapter 212 of the Texas Local Government Code.

Action by Planning and Zoning Commission or City Council.

The Planning and Zoning Commission shall recommend approval, approval with conditions, or disapproval of a land study, plan, or any type of plat application. All plans or plats for a major subdivision shall be considered by the Planning and Zoning Commission and considered for final approval by the City Council of Forney.

Simultaneous Submission of Plats.

In the event that an applicant submits preliminary and final plat applications simultaneously, as provided in Section 2.4(c), the City Manager (or designee) shall schedule both plat applications for consideration by the Planning and Zoning Commission within thirty (30) days of the official filing date.

Proof of Land Ownership.

In the public interest, the City requires proof of land ownership prior to approval of any development application involving real property. Along with the application submission, the applicant shall provide written verification (e.g., a notarized statement, power of attorney, etc.) that he/she is the owner of record of the subject land parcel (or the owner’s authorized agent). The City Manager (or his/her designee) shall have the authority to determine what document(s) the City will require to prove ownership, such as one of the following:

General warranty deed;

Special warranty deed;

Title policy; or

Some other documentation that is acceptable to the City Manager (or his/her designee).

If ownership cannot be conclusively established prior to the meeting date on which the development application will be heard, and if the City has concerns regarding the welfare of future owners of all or any portion of the subject property, then the City shall have the authority to deny the application on the basis of protecting the public interest. The applicant may resubmit a new development application (along with applicable paperwork and filing fees) on the property at any time following such denial (i.e., no waiting period).

(Ordinance 1012 adopted 7/20/00; Ordinance 19-58 adopted 12/17/19; Ordinance 24-23 adopted 5/7/2024)

§ 2.3 Procedures And Submission Requirements For Land Study Approval.

2.3

Applicability.

A land study (or a concept plan/preliminary site plan, per the Zoning Ordinance) shall be submitted to the Planning and Zoning Commission and the City Council for review, evaluation and approval in the following circumstances:

In conjunction with an application for preliminary plat approval for any tract of land over fifty (50) acres in size, or for a smaller tract, where the land is part of a larger parcel over fifty (50) acres in size, which is ultimately to be developed under the City’s Subdivision Ordinance;

In conjunction with a development plat; or

In any case where a road is to be established or realigned.

Purpose.

The purpose of the land study is to allow the Planning and Zoning Commission and City Council to review the proposed major thoroughfare and collector street patterns, land use, environmental issues, conformance to the Comprehensive Plan, Zoning Ordinance, Future Land Use Plan, Thoroughfare Plan and other applicable plans, and the property’s relationship to adjoining subdivisions or properties (also see Section 3.1(e)), and to assist in evaluating the impacts of developing the land to be platted on provision of supporting public facilities and services, the environment, provision of open space and recreational opportunities and the general health, safety and welfare of the community.

Extent of Area Required for Land Study.

When the preliminary plat or development plat designates the land to be developed in phases, the land study area (or for nonresidential property, the area covered by a concept plan/preliminary site plan, per the Zoning Ordinance) shall include the entire property from which the phases are being subdivided and an approximate development schedule. Where the applicant can demonstrate that natural or man-made features, such as thoroughfares and/or creeks, make inclusion in the land study of the entire property unnecessary to adequately review the items listed in the preceding paragraph, he may request approval from the City Manager (or designee) for a smaller land study area. Boundaries such as thoroughfares (existing or proposed), creeks, political subdivisions, or other such natural or man-made features may be used to delineate the smaller study area.

Submission of an application for land study approval shall be preceded by a pre-application conference with the City (see Section 2.1). The land study shall be prepared by a qualified civil engineer, land planner, architect or surveyor, at a scale no smaller than one inch equals two hundred feet (1" = 200') and on sheets no larger than 24" x 36" in size, and it shall show the following:

A title block within the lower right-hand corner of the land study with the proposed name of the addition, the name and address of the owner/developer and the land planner, engineer[,] architect or surveyor responsible for the design or survey, the scale of the drawing, the date the drawing was prepared, and the location of the tract according to the abstract and survey records of Kaufman County, Texas;

A vicinity or location map that shows the location of the proposed development within the City (or its ETJ) and in relationship to existing roadways;

The limits of the tract and scale distances with north clearly indicated;

The names of adjacent additions or subdivisions (or the name of the owners of record and recording information for adjacent parcels of unplatted land), including parcels on the other sides of roads, creeks, etc. The land study shall include a depiction of all contiguous holdings of the property owners, the existing/proposed uses of the subject property, a general arrangement of future land uses, including the approximate number of lots and any nonresidential uses anticipated, and a generalized circulation plan for the subject property;

The existing zoning and existing/proposed uses on adjacent land (including existing/proposed driveways and median openings, if on a future divided thoroughfare); the location, width and names of all existing or platted streets or other public ways within or adjacent to the tract; any existing easements (with recording information); existing buildings; railroad rights-of-way; topography with existing drainage channels or creeks; any other important natural features; all substantial natural vegetation; and adjacent political subdivisions, corporate limits, and/or school district boundaries;

The layout and width of proposed thoroughfares, collector streets and/or intersections, and a general configuration of proposed streets;

A general arrangement of land uses, including but not limited to park and school sites, public facilities, private open space, floodplains/drainageways, and proposed nonresidential and residential densities and building heights; and

The phasing of development or the anticipated order of platting.

Certificate of No Tax Delinquency.

At the time the developer files a land study application with the City Manager (or designee), he shall also file a certificate showing that all taxes have been paid on the subject property, and that no delinquent taxes exist against the property in accordance with Section 1.13.

Procedures and Conditions.

The required number of copies of the proposed land study shall be submitted no later than twenty-one (21) calendar days before the Planning and Zoning Commission meeting at which it shall be considered, accompanied by an application form, the appropriate filing fee (per the City’s submission guidelines, as may be amended from time to time), and any other submission materials determined necessary by the City Manager (or designee).

The Planning and Zoning Commission and the City Council shall review and evaluate the land study to determine whether the proposed development conforms to the Comprehensive Plan and applicable development regulations of the City. The City Council or the Planning and Zoning Commission may require additional information to be submitted to supplement the initial study. Based upon the land study, the Planning and Zoning Commission may recommend, and the City Council may require as a condition of preliminary plat or development plat approval, that the land to be platted be developed in phases, that the proposed phases be developed in a different sequence or include more or less land, or that all phases designated be accompanied by a schedule of public improvements to adequately serve the development under the development standards of the City’s Subdivision Ordinance.

A land study may be submitted for review concurrently with a preliminary plat, provided that the respective requirements for both types of applications are satisfied (per Sections 2.3 and 2.4). The preliminary plat will be placed on an agenda for a Planning and Zoning Commission meeting within thirty (30) days from its filing date. This may result in the preliminary plat being placed on a subsequent agenda of the Planning and Zoning Commission.

Effect of Review.

The land study shall be used only as an aid to show the anticipated layout of the proposed development, and to assess the adequacy of public facilities/services that will be needed to serve the proposed development. Any proposed use or development depicted on the land study shall not be deemed formal authorization or approval by the City until a preliminary plat or development plat is approved for the development (i.e., land study approval is to be thought of as a general acknowledgment by the City that the proposed layout generally conforms to the City’s subdivision regulations, and that the proposed development can be adequately served by required public facilities/services). If the applicant chooses to plat only the initial phase or phases of a multi-phase project designated in the land study, a new land study may be required for plat approval of subsequent phases, if the proposed development layout/character and/or other conditions affecting the development substantially change from one phase to the next.

The approved land study shall be valid for a period of one (1) year from the date of land study approval by City Council. Prior to the lapse of approval for a land study, the property owner may petition the City to extend the land study approval. Such petition shall be considered at a public meeting before the Planning and Zoning Commission and then the City Council, and an extension may be granted by City Council at such meeting. If no petition for extension of land study approval is submitted by the property owner/developer prior to the expiration date, the land study shall be deemed to have expired and shall become null and void.

In determining whether to grant a request for extension, the City Council shall take into account the reasons for lapse, the ability of the property owner to comply with any conditions attached to the original approval and the extent to which newly adopted subdivision regulations shall apply to the land study. The Commission may recommend, and the City Council may approve extension of the land study or deny the request, in which instance the original land study shall be deemed to be null and void. The property owner must thereafter submit a new land study application for approval, and shall conform to the subdivision regulations then in effect.

The Commission may recommend, and the City Council may grant, extension of the land study subject to additional conditions based upon newly enacted City regulations and/or State legislation, or such as are necessary to ensure compliance with the original conditions of approval. The Commission may recommend, and the City Council may decide, to specify a shorter time for extension of the land study than the original one-year approval period.

(Ordinance 1012 adopted 7/20/00; Ordinance 19-58 adopted 12/17/19)

§ 2.4 Procedures and Submission Requirements for Preliminary Plat Approval.

Upon reaching conclusions at the pre-application conference (as described in Section 2.1 above) regarding a general development program and objectives and upon approval of the land study (if required), the subdivider shall have prepared a preliminary plat together with general (i.e., preliminary) utility plans and other supplementary materials, as specified by the City. The preliminary plat shall be submitted to the City of Forney with the appropriate filing fee and with a written application form at least twenty-one (21) calendar days (but no more than thirty calendar days, unless the applicant has requested in writing and the Planning and Zoning Commission has approved an extension up to an additional thirty (30) days) prior to the Planning and Zoning Commission meeting at which it is to be considered. At the time the developer files a preliminary plat application with the City Manager (or designee), he shall also file a certificate showing that all taxes have been paid on the property to be subdivided, and that no delinquent taxes exist against the property in accordance with Section 1.13.

The preliminary plat shall be in accordance with the City’s Zoning Ordinance (including the proper zoning for the intended use) if located within the City’s corporate limits, and it shall be in accordance with the City’s Comprehensive Plan, including all adopted water, sewer, storm drainage, future land use, park/recreation/open space and thoroughfare plans. The preliminary plat shall be prepared by a registered/certified civil engineer, land planner or surveyor. The preliminary plat may constitute only that portion of the approved land study which the subdivider proposes to construct and record; provided, however, that such portion conforms to all the requirements of these regulations.

Copies/prints of the preliminary plat for the proposed subdivision, drawn on sheets eighteen inches by twenty-two inches (18" x 22") and drawn to a known engineering scale of not smaller than one hundred feet to the inch (1" = 100') or a larger scale, shall be submitted in the quantity as specified by the City (as provided in the City’s plat submission guidelines, as may be amended from time to time). In cases of large developments which would exceed the dimensions of the sheet at one hundred foot (100) scale, preliminary plats may be on multiple sheets or to another known engineering scale, as approved by the City Manager (or designee), and as acceptable for eventual filing at Kaufman County.

Preliminary plat applications which do not include the required data, a completed application form, the appropriate filing fee, the appropriate number of copies of the plat and/or other required information will be considered incomplete, shall not be accepted for submission by the City, and shall not be scheduled on a Planning and Zoning Commission agenda until the proper information is provided to City staff. Additional copies of the preliminary plat may be required if revisions or corrections are necessary. A preliminary plat, if not preceded by a land study showing phasing of the development, shall include all contiguous property under the ownership or control of the applicant. It may contain more than one phase which if so, shall be clearly identified.

The subdivider may choose to submit a final plat for review concurrently with the preliminary plat. In such case, the City may schedule concurrent review of both plats, provided that all required information and other items are submitted for both plats (including full construction plans and the appropriate assurances for the completion of all improvements, as per Section 6). As soon as the plats are considered to be filed, they will be placed on an agenda of the Planning and Zoning Commission within thirty (30) days for consideration unless the applicant requests an extension up to an additional thirty (30) days, which is subsequently approved by the Planning and Zoning Commission.

Following review of the preliminary plat and other materials submitted in conformity to these regulations, and following discussions with the subdivider on changes deemed advisable and the kind and extent of improvements to be installed, the Planning and Zoning Commission shall act upon the preliminary plat as it was submitted, or as modified. If the Commission recommends approval, the preliminary plat shall be placed on the next possible City Council agenda for consideration. The City Council shall take action on the preliminary plat within thirty (30) days of the Planning and Zoning Commission’s action.

Approval of a preliminary plat by City Council, upon favorable recommendation by the Planning and Zoning Commission, shall be deemed approval of the street and lot layout shown on the preliminary plat, and to the preparation of the final or record plat (and associated engineering/construction plans for public improvements). Except as provided for herein, approval of the preliminary plat shall constitute conditional approval of the final plat when all conditions of approval and as provided in this Section have been met. Upon approval by the City Council, the City Council shall endorse the plat with a certificate indicating the approval, signed by the Mayor or presiding officer and attested by the City Secretary or her designee.

If the Planning and Zoning Commission votes to conditionally approve or disapprove a preliminary plat application, the Commission shall provide the applicant a written statement of the conditions for the conditional approval or reasons for the disapproval that clearly articulate each specific condition for the conditional approval or disapproval. Each condition or reason specified in the statement must be directly related to the requirements in this ordinance or related state law and include a citation to the law, including a statute or municipal ordinance that is the basis for the conditional approval or disapproval. The statement condition or reasons shall not be arbitrary in nature.

After the conditional approval or disapproval of the application, the applicant may submit a written response to the Planning and Zoning Commission that satisfies each condition for the conditional approval or remedies each reason given for the disapproval. The applicant shall not have a deadline for the submission of a response. Not later than the 15th day after a response is submitted by the applicant the Planning and Zoning Commission shall determine whether to approve or disapprove the applicant’s previously conditionally approved or disapproved application.

If the Planning and Zoning Commission conditionally approves or disapproves the application following review of the response, the Planning and Zoning Commission shall follow the same steps outlined earlier in this subsection (f). The applicant may appeal this decision to the City Council by filing a Notice of Appeal in the office of the City Manager (or designee) no later than ten (10) days after the date upon which the Commission disapproved the application. The Notice of Appeal shall set forth in clear and concise fashion the basis for the appeal. The City Council shall consider the appeal at a public meeting no later than thirty (30) days after the date upon which the Notice of Appeal was filed. The City Council may affirm or reverse the decision of the Commission. Affirmation of the Commission’s recommendation shall require a simple majority vote of the City Council members present. The City Council may reverse the Commission’s decision to deny an application (upon appeal by the applicant/property owner) upon a three-quarters vote of the full City Council (i.e., three-quarters of all Council members).

If the Planning and Zoning Commission determines that the response from the applicant adequately addresses each condition of the conditional approval or each reason for the disapproval, the plat shall be recommended for approval and forwarded to the City Council for consideration.

Standards for Approval.

No preliminary plat shall be recommended for approval by the Planning and Zoning Commission or approved by the City Council unless the following standards have been met:

The plat substantially conforms with the approved land study or other studies and plans, as applicable;

The preliminary layouts of required public improvements and City utilities have been approved by the City Engineer; and

The plat conforms to applicable zoning and other regulations.

No construction work shall begin on the proposed improvements in the proposed subdivision prior to approval of the final plat by City Council, upon a favorable recommendation by the Planning and Zoning Commission. The applicant shall also provide copies of letters from applicable local utility companies stating that each utility company has reviewed the preliminary plat and stating any requirements (including easements) they may have. This requirement may be deferred until the final plat is submitted if such deferral request is submitted to the City in writing and approved by the City Manager (or his/her designee) prior to the Planning and Zoning Commission meeting at which the preliminary plat will be considered. No excavation, grading or site clearing activities shall occur prior to approval of the final plat and the construction (i.e., engineering) plans. However, limited/preliminary grading or site preparation activities (e.g., excavation, filling, tree removal/clearing, etc.) may be authorized by the City Manager (or designee), at his discretion, if such request is submitted in writing by the property owner/developer and if such activities will not be detrimental to the public health, safety or general welfare.

The required copies/prints (as determined by the City) of the proposed preliminary plat and associated construction (i.e., engineering) plans shall show the following (the preliminary plat itself shall only include those items marked by italics - general physical/engineering data shall be shown on the preliminary grading and utility plans submitted along with the preliminary plat; other detailed engineering data shall be included in the construction plans when they are submitted with the final plat):

A vicinity/location map that shows the location of the proposed preliminary plat within the City (or within its ETJ) and in relationship to existing roadways;

Boundary lines, abstract/survey lines, corporate or other jurisdictional boundaries, existing or proposed highways and streets (including right-of-way widths), bearings and distances sufficient to locate the exact area proposed for the subdivision, and all survey monuments (identified and labeled; see Section 5.2 for specifications); the length and bearing of all straight lines, radii, arc lengths, tangent lengths and central angles of all curves shall be indicated along the lines of each lot (curve and/or line data may be placed in a table format); accurate reference ties via courses and distances to at least one recognized abstract/survey corner or existing subdivision corner shall be shown;

The name, location and recording information of all adjacent subdivisions (or property owners of adjacent unplatted property), including those located on the other sides of roads or creeks, shall be drawn to the same scale and shown in dotted lines adjacent to the tract proposed for subdivision in sufficient detail to show accurately the existing streets, alleys, building setbacks, lot/block numbering, easements and other features that may influence the layout of development of the proposed subdivision; adjacent unplatted land shall show property lines, the names of owners of record and the recording information;

The location, widths and names of all streets, alleys and easements (it shall be the applicant’s responsibility to coordinate with appropriate utility entities for placement of necessary utility easements), existing or proposed, within the subdivision limits and adjacent to the subdivision; a list of proposed street names shall be submitted (in the form of a letter/memo along with the application form) for all new street names (street name approval is required at the time the preliminary plat is approved);

The location of all existing property lines, existing lot and block numbers and date recorded, easements of record (with recording information), buildings, existing sewer or water mains, gas mains or other underground structures or other existing features within the area proposed for subdivision;

Proposed arrangement and square footage of lots (including lot and block numbers) and proposed use of same; for nonresidential uses, the location and size of buildings (this information may be provided on a separate sheet, such as the concept plan or preliminary site plan, per the Zoning Ordinance);

A title block within the lower right-hand corner of the plat (and preliminary grading and utility plans) which shows the title/name under which the proposed subdivision is to be recorded, the name and address of the owner/developer and the name of the land planner, engineer or registered public surveyor who prepared the plat/plans, the scale of the plat, the date the plat was prepared, and the location of the property according to the abstract/survey records of Kaufman County, Texas; the subdivision name shall not duplicate (or phonetically replicate) the name of any other platted subdivision in Forney or its ETJ, but phasing identification is allowed (it is the owner’s/developer’s responsibility to check the plat records of Kaufman County to ensure that the proposed subdivision name will not duplicate or sound too much like a subdivision name already in existence - the City may, at its discretion, require a different subdivision name if there is potential for confusion by public safety officials or the general public);

Sites, if any, to be reserved or dedicated for parks, schools, playgrounds, other public uses;

Scale, date, north arrow oriented to the top or left side of the sheet, and other pertinent informational data;

10.

Contours with intervals of two feet (2') or less shown for the area, with all elevations on the contour map referenced to sea level datum;

11.

Areas contributing drainage to the proposed subdivision shall be shown in the preliminary drainage plan; locations proposed for drainage discharge from the site shall be shown by directional arrows;

12.

All physical features of the property to be subdivided shall be shown in the preliminary utility/drainage plans, including the location and size of all watercourses, 100-year floodplain according to Federal Emergency Management Agency (FEMA) information, Corps of Engineers flowage easement requirements, ravines, bridges, culverts, existing structures, drainage area in acres or area draining into subdivisions, the outline of major wooded areas or the location of major or important individual trees, and other features pertinent to subdivision;

13.

(reserved)

14.

Proposed phasing of the development; where a subdivision is proposed to occur in phases, the subdivider, in conjunction with submission of the preliminary plat, shall provide a schedule of development; the dedication of rights-of-way for streets and street improvements, whether on-site or off-site, intended to serve each proposed phase of the subdivision; the City Council shall determine whether the proposed streets and street improvements are adequate pursuant to standards herein established, and may require that a traffic impact analysis be submitted for the entire project or for such phases as the Council determines to be necessary to adjudge whether the subdivision will be served by adequate streets and thoroughfares;

15.

All preliminary plats shall be submitted in a legible format that complies with Kaufman County requirements for the filing of plats, and shall be drawn on a good grade blue line or black line paper;

16.

Proposed or existing zoning of the subject property and all adjacent properties;

17.

Minimum finished floor elevations of building foundations shall be shown for lots adjacent to a floodplain or within an area that may be susceptible to flooding;

18.

Certificates and other language shall be included on the plat, pursuant to the following sections:

(a)

A statement that the subdivided area is legally owned by the applicant.

(b)

An accurate legal (i.e., metes and bounds) description by bearings and distances (including necessary curve and line data), accurate to the nearest one-hundredth of a foot, for all boundary, block and lot lines, with descriptions correlated to a permanent survey monument.

(c)

A statement signed by the owner and acknowledged before a Notary Public as to the authenticity of the signatures, saying that the owner adopts the plat as shown, described and named and that they do dedicate, in fee simple, to the public use forever the streets, alleys and easements shown on the plat. The owner further reserves any easement areas shown for mutual use of all public utilities desiring to use the same. Any public utility shall have the right to remove and keep removed all or any part of any vegetative growth or other appurtenance for construction or maintenance, or efficiency of its respective system in these easements and all or any part of any growth or construction which in any way hinders or interferes with the right of ingress and egress to these easements for any necessary use without asking anyone’s permission.

(d)

The registered public surveyor’s certificate, with a place for his signature and notarization of his signature.

(e)

A place for plat approval signature of the Mayor or Mayor Pro Tem of the City Council, a place for the City Secretary to attest such signature, and the approval dates by the Planning and Zoning Commission and City Council.

(f)

Following are the certificates/languages to be used on the plat to accommodate the above requirements:

(1)

Owner’s Certificate (required):

STATE OF TEXAS	§
COUNTY OF	§
WHEREAS, (__________Name(s)) is(are) the Owner(s) of a tract of land situated in the (__________) Survey, Abstract No. (_____), Kaufman County, Texas and being out of a (_____) acre tract conveyed to him(them) by (_____), and a (_____) acre tract conveyed to him(them) by (_____), and being more particularly described as follows:
(Enter accurate metes and bounds property description here)
NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS:
That _____, acting herein by and through his(its) duly authorized officers, does hereby adopt this plat designating the herein above described property as __________, an addition to the City of Forney, Texas, and does hereby dedicate, in fee simple, the streets and alleys shown thereon, for street and alley purposes. All public improvements and dedications shall be free and clear of all debt, liens, and/or encumbrances. The easements and public use areas, as shown, and created by this plat, are dedicated for the public use forever for the purposes indicated on this plat. No buildings, fences, trees, shrubs, or other improvements or growths shall be constructed or placed upon, over or across the easements as shown, except that landscape improvements may be placed in landscape easements, if approved by the City of Forney. In addition, utility easements may also be used for the mutual use and accommodation of all public utilities desiring to use or using the same unless the easement limits the use to particular utilities, said use by public utilities being subordinate to the public's and the City of Forney's use thereof. The City of Forney and public utility entities shall have the right to remove and keep removed all or parts of any buildings, fences, trees, shrubs or other improvements or growths which may in any way endanger or interfere with the construction, maintenance, or efficiency of their respective systems in said easements. The City of Forney and public utility entities shall at all times have the full right of ingress and egress to or from their respective easements for the purpose of constructing, reconstructing, inspecting, patrolling, maintaining, reading meters and adding to or removing all or parts of their respective systems without the necessity at any time procuring permission from anyone.
This plat is approved subject to all platting ordinances, rules, regulations and resolutions of the City of Forney, Texas. All dedications and public improvements are made subject to the design standards, construction standards, and acceptance policies of the City of Forney, as may be amended, and shall not be accepted for maintenance by the City until such standards have been satisfied.
WITNESS, my hand, this the _____day of _____, 20_____.
BY:
Authorized Signature of Owner
Printed Name and Title
STATE OF TEXAS	§
COUNTY OF _____	§
Before me, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared _____, Owner, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purpose and considerations therein expressed.
Given under my hand and seal of office, this _____day of _____, 20_____.
Notary Public in and for the State of Texas
My Commission Expires On:

(2)

Surveyor’s Certificate (required):

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 as set were properly placed under my personal supervision in accordance with the Subdivision Ordinance of the City of Forney.
(seal)	Signature of Registered Public Land Surveyor
	Registration No. _____
STATE OF TEXAS	§
COUNTY OF _____	§
Before me, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared _____, Land Surveyor, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purpose and considerations therein expressed.
Given under my hand and seal of office, this _____day of _____, 20_____.
Notary Public in and for the State of Texas
My Commission Expires On:

(3)

Approval Block (required):

PRELIMINARY PLAT
Approved for preparation of final plat for the subdivision shown on this plat.
APPROVED BY:	Planning and Zoning Commission City of Forney, Texas
Signature of Chairman	Date
APPROVED BY:	City Council
	City of Forney, Texas
Signature of Mayor	Date
ATTEST:
City Secretary	Date

(4)

Special Notice (required):

NOTICE: Selling a portion of this addition by metes and bounds is a violation of City ordinance and State law, and is subject to fines and/or withholding of utilities and building permits.

(5)

Visibility, Access and Maintenance Easements

(to be used if applicable):

The area or areas shown on the plat as “VAM” (Visibility, Access and Maintenance) Easement(s) are hereby given and granted to the City, its successors and assigns, as an easement to provide visibility, right of access for maintenance upon and across said VAM Easement. The City shall have the right but not the obligation to maintain any and all landscaping within the VAM Easement. Should the City exercise this maintenance right, then it shall be permitted to remove and dispose of any and all landscaping improvements, including without limitation, any trees, shrubs, flowers, ground cover and fixtures. The City may withdraw maintenance of the VAM Easement at any time. The ultimate maintenance responsibility for the VAM Easement shall rest with the owners. No building, fence, shrub, tree or other improvements or growths, which in any way may endanger or interfere with the visibility, shall be constructed in, on, over or across the VAM Easement. The City shall also have the right but not the obligation to add any landscape improvements to the VAM Easement, to erect any traffic-control devices or signs on the VAM Easement and to remove any obstruction thereon. The City, its successors, assigns, or agents shall have the right and privilege at all times to enter upon the VAM Easement or any part thereof for the purposes and with all rights and privileges set forth herein.

(6)

Fire Lanes

(to be used if applicable):

That the undersigned does hereby covenant and agree that he (they) shall construct upon the fire lane easements, as dedicated and shown hereon, a hard surface in accordance with the City of Forney’s paving standards for fire lanes, and that he (they) shall maintain the same in a state of good repair at all times and keep the same free and clear of any structures, fences, trees, shrubs or other improvements or obstruction, including but not limited to the parking of motor vehicles, trailers, boats or other impediments to the accessibility of fire apparatus. The maintenance of paving on the fire lane easements is the responsibility of the owner, and the owner shall post and maintain appropriate signs in conspicuous places along such fire lanes, stating “Fire Lane, No Parking.” The local law enforcement agency(s) is hereby authorized to enforce parking regulations within the fire lanes, and to cause such fire lanes and utility easements to be maintained free and unobstructed at all times for fire department and emergency use.

(7)

Access Easements

(to be used if applicable):

The undersigned does covenant and agree that the access easement may be utilized by any person or the general public for ingress and egress to other real property, and for the purpose of general public vehicular and pedestrian use and access, and for fire department and emergency use in, along, upon and across said premises, with the right and privilege at all times of the City of Forney, its agents, employees, workmen and representatives having ingress, egress and regress in, along, upon and across said premises.

(8)

Other Plat Language.

The plat shall include any other applicable language (e.g., for drainage/floodway or other special types of easements, etc.) deemed appropriate and necessary by the City for the purpose of protecting the public health, safety and welfare. Applicable plat languages are available upon request at the City.

[Reserved.]

Effect of Approval.

Approval of a preliminary plat authorizes the property owner, upon fulfillment of all requirements and conditions of approval, to submit an application for final plat approval (see Section 2.5).

Extension and Reinstatement Procedure.

Approval of a preliminary plat shall be valid for a period of one (1) year from the date of City Council approval unless reviewed by the Planning and Zoning Commission and extended by City Council (see next subsection) in the light of new or significant information which would necessitate the revision of the preliminary plat. Within one (1) year from the approval date of a preliminary plat, a final plat (and associated engineering/construction plans) must be approved by the City for construction of the development or the preliminary plat shall expire and become null and void.

Prior to the lapse of approval for a preliminary plat, the property owner may petition the City to extend the preliminary plat approval. Such petition shall be considered at a public meeting before the Planning and Zoning Commission and then City Council, and an extension may be granted by City Council at such meeting. If no petition for extension of preliminary plat approval is submitted by the property owner/developer (and no final plat has been approved by the City) prior to the expiration date, the preliminary plat shall be deemed to have expired and shall become null and void.

In determining whether to grant a request for extension, the City Council shall take into account the reasons for lapse, the ability of the property owner to comply with any conditions attached to the original approval and the extent to which newly adopted subdivision regulations would apply to the preliminary plat. The Commission may recommend, and City Council may grant, extension of the preliminary plat or denial of the request, in which instance the original preliminary plat shall be deemed to be null and void. The property owner must thereafter submit a new preliminary plat application for approval, and shall conform to the subdivision regulations then in effect.

The Commission may recommend, and City Council may grant, extension of the preliminary plat subject to additional conditions based upon newly enacted City regulations and/or State legislation, or such as are necessary to ensure compliance with the original conditions of approval and to protect the public health, safety and welfare. The Commission may recommend, and City Council may specify, a shorter time for extension of the preliminary plat than the original one-year approval period.

(Ordinance 1012 adopted 7/20/00; Ordinance 19-58 adopted 12/17/19; Ordinance 26-14 adopted 4/7/2026)

§ 2.5 Procedures and Submission Requirements for Final Plat Approval.

The final plat shall be in accordance with the preliminary plat, as approved, and shall reflect/incorporate all applicable conditions, changes, directions and additions imposed by the Planning and Zoning Commission and City Council upon the preliminary plat. The final plat shall not be approved by the City until detailed engineering and construction plans for all required public improvements have been prepared by the applicant and submitted to the City for reviewed/approval by the City Engineer. The final plat shall not be submitted prior to approval of the preliminary plat (see Section 2.4(c) for exception). At the time the developer files a final plat application with the City Manager (or designee), he shall also file a certificate showing that all taxes have been paid on the property to be subdivided, and that no delinquent taxes exist against the property in accordance with Section 1.13.

The final plat shall be in accordance with the City’s Zoning Ordinance (including the proper zoning for the intended use) if located within the City’s corporate limits, and it shall be in accordance with the City’s Comprehensive Plan, including all adopted water, sewer, storm drainage, future land use, park/recreation/open space and thoroughfare plans. The final plat shall be prepared by a registered/certified civil engineer, land planner or surveyor and shall include all land area that is proposed for immediate development.

The required number of copies of the proposed final plat (and associated engineering/construction plans) shall be submitted at least twenty-one (21) calendar days (but no more than thirty calendar days, unless the applicant requests an extension up to an additional thirty (30) days, which is subsequently approved by the Planning and Zoning Commission) before the Planning and Zoning Commission meeting at which it shall be considered, accompanied by an application form and a filing fee (per the City’s plat submission guidelines, as may be amended from time to time). The City Manager (or designee) shall check the plat to ascertain its compliance with these regulations and shall report any points of noncompliance to the applicant. If revisions are necessary, the applicant/developer or his engineer shall submit additional corrected copies of the properly completed final plat to the City Manager (or designee) for final action no later than seven (7) days prior to the Commission meeting. Failure to submit corrected copies back to the City in time shall be reason to determine the submittal as incomplete and as reason to not schedule the final plat on the Commission’s agenda or to disapprove the final plat application. If, upon resubmission of the final plat application to the City, the City Manager (or designee) determines that the application is still incomplete (i.e., not ripe for consideration), the application will be subject to disapproval.

The Planning and Zoning Commission shall recommend approval, conditional approval, or disapproval of the final plat within thirty (30) days of the official filing date. If the Commission recommends approval, the final plat shall be placed on the next possible City Council agenda for consideration. The City Council shall take action on the final plat within thirty (30) days of the Planning and Zoning Commission’s action.

If the Planning and Zoning Commission votes to conditionally approve or disapprove a final plat application, the Commission shall provide the applicant a written statement of the conditions for the conditional approval or reasons for the disapproval that clearly articulate each specific condition for the conditional approval or disapproval. Each condition or reason specified in the statement must be directly related to the requirements in this ordinance or related state law and include a citation to the law, including a statute or municipal ordinance that is the basis for the conditional approval or disapproval. The statement condition or reasons shall not be arbitrary in nature.

If the Planning and Zoning Commission conditionally approves or disapproves the application following review of the response, the Planning and Zoning Commission shall follow the same steps outlined earlier in this subsection (c). The applicant may appeal this decision to the City Council by filing a Notice of Appeal in the office of the City Manager (or designee) no later than ten (10) days after the date upon which the Commission disapproved the application. The Notice of Appeal shall set forth in clear and concise fashion the basis for the appeal. The City Council shall consider the appeal at a public meeting no later than thirty (30) days after the date upon which the Notice of Appeal was filed. The City Council may affirm or reverse the decision of the Commission. Affirmation of the Commission’s recommendation shall require a simple majority vote of the City Council members present. The City Council may reverse the Commission’s decision to deny an application (upon appeal by the applicant/property owner) upon a three-quarters vote of the full City Council (i.e., three-quarters of all Council members).

Upon final plat approval and following construction of all required public improvements (or provision of appropriate surety, if applicable), the developer/applicant shall return copies of the final plat, as approved, with any other required documents and necessary fees attached thereto to the City Manager (or designee), in accordance with requirements established by the City. All easements shall be included on the plat (including recording information for those easements that are filed as separate instruments) as required by utility companies and/or the City of Forney prior to filing, and a copy of letters from each applicable utility company shall be submitted to the City Manager (or designee) stating that the plat contains the proper easements. All necessary filing materials, including mylars, reductions and/or blueline copies, as required by the County Clerk of Kaufman County, in addition to mylar copies and a computer disk containing the digital plat file(s) required by the City, shall be returned to the City Manager (or his/her designee) with the required fees. The City Manager (or his/her designee) shall file the final plat within thirty (30) working days at the office of the County Clerk of Kaufman County provided all requirements have been satisfied.

The final plat (and any replat or other recordable plat) shall be prepared by a registered public surveyor or licensed land surveyor.

Standards for Approval.

No final plat shall be recommended for approval by the Planning and Zoning Commission or approved by City Council unless the following standards have been met:

The plat substantially conforms with the approved preliminary plat and other studies and plans, as applicable;

The complete engineering/construction plans for all required public improvements and City utilities have been submitted to the City for review/approval by the City’s Engineer (whether specifically stated or not, final plat approval shall always be subject to any additions and/or alterations to the engineering/construction plans as deemed necessary by the City Engineer, as needed, to ensure the safe, efficient and proper construction of public improvements within the subdivision); and

The plat conforms to applicable zoning and other regulations.

When all of the improvements are found to be constructed/installed (i.e., completed) in accordance with the approved plans and specifications and with the City’s standards, and upon receipt by the City of Forney of a maintenance bond or certificate of deposit in accordance with Section 6 of this Ordinance from each contractor, three (3) sets of “AS BUILT” (or “Record Drawing”) plans and one (1) set of “As-Built” or “Record Drawing” sepias shall be submitted with a letter stating the contractor’s compliance with these regulations. After such letter is received, the City Manager (or designee) shall receive and accept for the City of Forney the title, use and maintenance of the improvements according to Section 6.7. The final plat shall not be filed for record prior to receipt of the above letter and other items, nor prior to acceptance of the improvements by the City.

Timing of Public Improvements.

The Commission and City Council may require all or some of the public improvements to be installed, offered for dedication and/or accepted by the City prior to approval of the final plat by the City if there exists a compelling reason that is consistent with the public health, safety and/or welfare to do so (also see Section 6). The City Council may permit or require the deferral of the construction of public improvements if, in its judgment, deferring the construction would not result in any harm to the public or would offer significant advantage in coordinating the site’s development with adjacent properties and off-site public improvements. The deferred construction of any required public improvement(s) must be approved by the City at the time of final plat approval, and the necessary assurances for completion of the improvements (in accordance with Section 6) shall be a stipulation (i.e., condition) of approval of the final plat.

If the City Council does not require that all public improvements be installed, offered for dedication and/or accepted by the City prior to signing the final plat (in preparation for recording), it shall require that the applicant provide assurances/security for the completion of the improvements or escrowed funds, as provided in Section 6.

(Ordinance 19-58 adopted 12/17/19)

§ 2.6 Final Plats (Information and Format Requirements).

2.6

Copies/prints of the final plat for the proposed subdivision, drawn on sheets eighteen inches by twenty-two inches (18" x 22") and drawn to a known engineering scale of not smaller than one hundred feet to the inch (1" = 100') or a larger scale, shall be submitted in the quantity as specified by the City (as provided in the City’s plat submission guidelines, as may be amended from time to time). In cases of large developments which would exceed the dimensions of the sheet at one hundred foot (100') scale, final plats may be on multiple sheets or to another known engineering scale, as approved by the City Manager (or designee), and as acceptable for filing at Kaufman County. Complete engineering/construction plans of all public improvements to be constructed with the development (including streets, water and sewer lines, drainage structures, screening or retaining walls, required landscaping, etc.) shall be submitted along with the final plat application. Failure to submit complete construction plans shall cause the final plat application to be incomplete.

Final plat applications which do not include the required data, completed application form, filing fee, number of copies of the plat, and/or other required information (including complete engineering/construction plans for public improvements) will be considered incomplete, shall not be accepted for submission by the City, and shall not be scheduled on a Planning and Zoning Commission agenda until the proper information is provided to City staff. Additional copies of the final plat may be required if revisions or corrections are necessary.

All information that is required for inclusion on a preliminary plat (see Section 2.4(i)) shall be shown on the final plat (however, physical features such as topographical contours, structures, etc. shall not be shown on the final plat). In addition to these items, the final plat shall also provide a place for the County Clerk of Kaufman County to stamp the date and location where the plat will be filed (i.e., “Plat # _____, Plat Cabinet #_____, etc.) in the lower left-hand corner of the plat drawing. All aspects of the final plat shall conform to the standards of Kaufman County for plats (e.g., clarity, sheet size, paper type, lettering size, reproducibility, etc.). It is the applicant’s/developer’s responsibility to be familiar with the County’s standards for filing plats and to comply with same.

Approval Block.

The approval, block used on the previously approved preliminary plat shall be modified and shown on the final plat, as follows:

FINAL PLAT
Approved by the City of Forney for filing at the office of the County Clerk of Kaufman County; Texas.
APPROVED BY:	Planning and Zoning Commission
City of Forney, Texas
Signature of Chairman	Date
APPROVED BY:	City Council
	City of Forney, Texas
Signature of Mayor	Date
ATTEST:

City Secretary	Date

Engineering/Construction Plans.

Along with the final plat application, the developer shall cause to be prepared and shall submit the required copies of the complete engineering/construction plans for streets, alleys, storm sewers/drainage structures, water and sanitary sewer facilities, screening and/or retaining walls, landscaping/irrigation and any other required public improvements for the area covered by the final plat. Cost estimates shall also be submitted with the construction plans. Prior to construction of any public improvements, a set of construction plans marked “Approved” (by the City Engineer) must be on file at the City. A full set of the City-approved engineering/construction plans must also be available for inspection on the job site at all times.

The developer shall have these plans prepared by their own professional engineer(s), subject to approval of the plans by the City of Forney. The City Manager (or his/her designee) shall review, or cause to be reviewed, the plans and specifications and if approved, shall mark them “Approved” and shall return one set to the developer. If not approved, one set shall be marked with the objections noted and returned to the applicant or developer for correction. Once the construction plans are approved by the City, the owner/developer shall provide additional sets of the approved plans to the City, as specified by the City Manager (or his designee), for use during construction.

After approval of the final plat, construction plans and specifications by the City of Forney, the developer shall cause a contractor to install/construct the public improvements in accordance with the approved plans and the City’s standard specifications, and at the developer’s expense (also see Section 6). The developer shall employ engineers, surveyors and/or other professionals as necessary to design, stake, supervise and perform the construction of such improvements, and shall cause his contractor to construct the said improvements in accordance with these regulations and with the City’s design standards.

Construction plans shall be prepared by or under the direct supervision of a professional engineer registered in the State of Texas, as required by State law governing such professions and in accordance with this Ordinance and the City’s Engineering Design Standards (EDS). All construction plans submitted for City review shall be dated and shall bear the responsible engineer’s registration number, his designation of “professional engineer” or “P.E.,” and the engineer’s seal. Construction plans shall be approved by the City Engineer when such plans meet all of the requirements of this Ordinance and the City’s EDS.

Engineering and construction plans shall be in conformance with the City’s EDS and with the requirements set forth herein. Engineering/construction plans showing paving and design details of streets, alleys, culverts, bridges, storm sewers, water mains, sanitary sewers, perimeter sidewalks, screening walls, landscape/irrigation plans (if appropriate) and other engineering details of the proposed subdivision at a scale of one inch equals 40 or 50 feet (1" = 40' or 50') horizontally and one inch equals 4, 5 or 10 feet (1" = 4', 5' or 10') vertically shall be submitted to the City Manager (or his/her designee) along with a copy of the final plat of the subdivision. The number of copies as specified by the City shall be submitted along with the final plat submittal.

As part of the engineering/construction plans, a drainage plan showing how the drainage of each lot relates to the overall drainage plan for the plat under consideration shall be submitted. The drainage plan shall be made available to each builder within the proposed subdivision and all builders shall comply with the drainage plan.

The engineering/construction plans shall be valid for a period of one (1) year after approval by the City. The City Manager (or designee) may grant a one (1) year extension, after which they are subject to reapproval by the City if no construction has occurred.

Extension Procedure.

Final plat approval shall be valid for a period of one (1) year from the date of City Council approval.

Prior to the lapse of the approval period, the property owner may petition the City Council to extend the final plat approval period. Such petition shall be considered at public meetings before the Planning and Zoning Commission, which shall make a recommendation to the City Council on the petition, and then before the City Council. If no petition for extension of final plat approval is submitted by the property owner/developer prior to the expiration date, the final plat shall be deemed to have expired and shall become null and void.

In determining whether to grant a request for extension, the City Council shall take into account the reasons for lapse, the ability of the property owner to comply with any conditions attached to the original approval, the extent to which newly adopted subdivision regulations, if any, would apply to the final plat, and the recommendation of the Commission. The Commission may recommend, and the City Council may grant, an extension of the final plat approval period or denial of the request, in which instance the original final plat shall be deemed to be null and void. The property owner must thereafter submit a new final plat application for approval, and shall conform to the subdivision regulations then in effect.

The Commission may recommend, and City Council may grant, extension of the final plat subject to additional conditions based upon newly enacted City regulations and/or State legislation, or such as are necessary to ensure compliance with the original conditions of approval and to protect the public health, safety and welfare. The Commission may recommend, and City Council may specify, a shorter time for extension of the final plat than the original one year approval period.

(Ordinance 1012 adopted 7/20/00; Ordinance 1104 adopted 3/24/04)

§ 2.7 Development Plats.

2.7

Authority.

This section is adopted pursuant to the Texas Local Government Code, Chapter 212, Subchapter B, Sections 212.041 through 212.050, as amended.

Applicability.

For purposes of this section, the term “development” means the construction of any building, structure or improvement of any nature (residential or nonresidential), or the enlargement of any external dimension thereof. This section shall apply to any land lying within the City or within its extraterritorial jurisdiction in the following circumstances:

The development of any tract of land which has not been platted or replatted prior to the effective date of this Ordinance, unless expressly exempted herein;

The development of any tract of land for which the property owner claims an exemption from the City’s Subdivision Ordinance, including requirements to replat, which exemption is not expressly provided for in such regulations;

The development of any tract of land for which the only access is a private easement/street;

The division of any tract of land resulting in parcels or lots each of which is greater than five (5) acres in size, and where no public improvement is proposed to be dedicated.

Exceptions.

No development plat shall be required where the land to be developed has received final plat or replat approval prior to the effective date of this Ordinance. The City Council may from time to time exempt other development or land divisions from the requirements of this section.

Prohibition on Development.

No development shall commence, nor shall any building permit, utility connection permit, electrical connection permit or similar permit be issued for any development or land division subject to this section, until a development plat has been recommended for approval by the Planning and Zoning Commission and approved by City Council and filed with the City Manager (or his/her designee). Notwithstanding the provisions of this Section, the City shall not require building permits or otherwise enforce the City’s Building Code in the City’s extraterritorial jurisdiction in relation to any development plat required by this Subdivision Ordinance.

Standards of Approval.

The development plat shall not be approved until the following standards have been satisfied:

The proposed development conforms to all City plans, including but not limited to, the Comprehensive Plan, Thoroughfare Plan, Land Use Plan, park/recreation/open space plan, utility plans and applicable capital improvements plans;

The proposed development conforms to the requirements of the Zoning Ordinance (if located within the City’s corporate limits);

The proposed development is adequately served by public facilities and services, parks and open space in conformance with City regulations;

Appropriate agreements for acceptance and use of public dedications to serve the development have been tendered; and

The proposed development conforms to the design and improvement standards contained in this Ordinance and in the City’s EDS.

Conditions.

The City may impose such conditions on the approval of the development plat as are necessary to assure compliance with the standards in subsection (e) above.

Land Study Requirement.

Whenever a property owner proposes to divide land into tracts or lots each of which is greater than five (5) acres, and for which no public improvements are proposed, he shall submit a land study together with his application for approval of a development plat in accordance with Section 2.3 of this Ordinance.

Approval Procedure.

The application for a development plat shall be submitted to the City in the same manner as a final plat (see Sections 2.5 and 2.6), and shall be approved, approved with conditions, or disapproved by the City Council following review and recommendation by the Planning and Zoning Commission in a similar manner as a final plat. Upon approval, the development plat shall be filed at the County by the City Manager (or his/her designee) in the same manner as a final plat (see Section 2.5).

Submittal Requirements.

In addition to all information that is required to be shown on a final plat (see Section 2.6), a development plat shall:

Be prepared by a registered professional land surveyor;

Clearly show the boundary of the development plat;

Show each existing or proposed building, structure or improvement or proposed modification of the external configuration of the building, structure or improvement involving a change therein;

Show all easements and rights-of-way within or adjacent to the development plat; and

Be accompanied by the required number of copies of the plat, a completed application form, the required filing fee (per the City’s plat submission guidelines, as may be amended from time to time), and a certificate showing that all taxes have been paid on the subject property and that no delinquent taxes exist against the property in accordance with Section 1.13.

Extension Procedure.

A development plat shall be valid for a period of one hundred and eighty (180) days from the date of City Council approval.

Prior to the lapse of the approval period for a development plat, the property owner may petition the City to extend the development plat approval period. Such petition shall be considered at a public meeting before the Planning and Zoning Commission, which shall make a recommendation to the City Council on the petition, and then [before the] City Council, and an extension may be granted by City Council at such meeting. If no petition for extension of development plat approval is submitted by the property owner/developer prior to the expiration date, the development plat shall be deemed to have expired and shall become null and void.

In determining whether to grant a request for extension, the City Council shall take into account the reasons for lapse, the ability of the property owner to comply with any conditions attached to the original approval, the extent to which newly adopted subdivision regulations would apply to the development plat, and the recommendation of the Commission. The Commission may recommend, and City Council may grant, extension of the development plat approval period or denial of the request, in which instance the original development plat shall be deemed to be null and void. The property owner must thereafter submit a new development plat application for approval, and shall conform to the subdivision regulations then in effect.

The Commission may recommend, and City Council may grant, extension of the development plat subject to additional conditions based upon newly enacted City regulations and/or State legislation, or such as are necessary to ensure compliance with the original conditions of approval and to protect the public health, safety and welfare. The Commission may recommend, and City Council may specify, a shorter time for extension of the development plat than the original one hundred and eighty (180) day approval period.

(Ordinance 1012 adopted 7/20/00; Ordinance 1104 adopted 3/2/04; Ordinance 19-58 adopted 12/17/19)

§ 2.8 Replatting.

2.8

Replat required.

Unless otherwise expressly provided for herein, a property owner who proposes to replat any portion of an already approved final plat, other than to amend or vacate the plat, must first obtain approval for the replat under the same standards and by the same procedures prescribed for the final platting of land by these regulations. All improvements shall be constructed in accordance with the same requirements as for a final plat, as provided herein. The City Manager (or designee) may waive or modify requirements for a land study and/or preliminary plat under circumstances where the previously approved land study or preliminary plat is sufficient to achieve the purposes set forth in this Ordinance.

Replatting without vacating preceding plat.

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:

Is signed and acknowledged by only the owners of the property being replatted;

Is approved by the City Council (with a recommendation first made by the Planning and Zoning Commission), provided that the City Council shall approve the replat if it complies with all applicable requirements of this Ordinance and state law. Approval of such replats is a ministerial act, and the City Council shall not have discretion to deny a compliant replat; and

Does not attempt to amend or remove any covenants or restrictions.

If a proposed replat that during the preceding five years, any of the area to be replatted was limited by an interim or permanent zoning classification to residential use for not more than two residential units per lot, or any lot in the preceding plat was limited by deed restrictions to residential use for not more than two residential units per lot, requires a variance or exception, a public hearing must be held by the Planning and Zoning Commission and City Council.

Notice of the public hearing required under subsection c above shall be given before the fifteenth (15th) day before the date of the hearing by publication in an official newspaper or a newspaper of general circulation in Kaufman County. Notice of the public hearing shall also be given by written notice, with a notice of the request sent to the owners, as documented on the most recently approved municipal tax roll of the City, of lots that are in the original subdivision and that are within two hundred (200) feet of the lot(s) to be replatted. In the case of a subdivision in the extraterritorial jurisdiction, the most recently approved County tax roll shall be used. The written notice may be delivered by depositing the notice, properly addressed with postage prepaid, in a post office or postal depository within the boundaries of the City.

If the proposed replat requires a variance and is protested in accordance with this subsection, the proposed replat must receive, in order to be approved, the affirmative vote of at least three-fourths of the members present of the City Council. For a legal protest, written instruments signed by the owners of at least 20 percent of the area of the lots or land immediately adjoining the area covered by the proposed replat and extending 200 feet from that area, but within the original subdivision, must be filed with the City prior to the close of public hearing.

In computing the percentage of land area under subsection e, the area of streets and alleys shall be included.

Compliance with subsections e and f above is not required for approval of a replat or part of a preceding plat if the area to be replatted was designated or reserved for other than single or duplex family residential use by notation on the last legally recorded plat or in the legally recorded restrictions applicable to the plat.

If a proposed plat described by subsection d does not require a variance or exception, the City shall, not later than the 15th day after the date the replat is approved, provide written notice by mail of the approval of the replat to each owner of a lot in the original subdivision that is within 200 feet of the lots to be replatted according to the most recent municipal tax roll of the City. This subsection does not apply to a proposed replat if the City Council holds a public hearing and gives notice of the hearing in the manner provided by subsection d.

The notice of a replat approval required by subsection h must include:

The zoning designation of the property after the replat; and

A telephone number and e-mail address an owner of a lot may use to contact the City about the replat.

Any replat which adds or deletes lots must include the original subdivision and lot boundaries. If a replat is submitted for only a portion of a previously platted subdivision, the replat must reference the previous subdivision name and recording information and must state on the replat the specific lots which have changed.

If the previous plat is vacated as prescribed in Texas Local Government Code, section 212.013, as amended, a public hearing is not required for a replat of the area vacated.

The replat of the subdivision shall meet all the requirements for a final plat for a new subdivision that may be pertinent, as provided for herein.

The title shall identify the document as a "Final Plat" of the "_____ Addition, Block_____, Lot(s)_____, Being a Replat of Block _____, Lot(s)_____ of the __________ Addition, an addition to the City of Forney, Texas, recorded as Plat #_____ in Plat Cabinet #_____ of the Plat Records of Kaufman County, Texas".

An application submittal for a replat shall be the same as for a final plat and shall be accompanied by the required number of copies of the plat, a completed application form, and the required filing fee (per the City's plat submission guidelines, as may be amended from time to time). An original tax certificate from each taxing unit with jurisdiction of the real property indicating that no delinquent ad valorem taxes are owed on the real property in accordance with Section 1.13 shall be provided prior to the replat being recorded with the County.

The replat shall be filed at the County in the same manner as prescribed for a final plat.

Extension procedure.

A replat shall be valid for a period of 180 days from the date the replat is approved.

Prior to the lapse of the approval period for a replat, the property owner may petition the City to extend the replat approval period. Such petition shall be considered at a public meeting before the Planning and Zoning Commission, which shall make a recommendation to the City Council on the petition, and then City Council, and an extension may be granted by City Council at such meeting. If no petition for extension of the replat approval period is submitted by the property owner/developer prior to the expiration date, the replat shall be deemed to have expired and shall become null and void.

In determining whether to grant a request for extension, the City Council shall take into account the reasons for lapse, the ability of the property owner to comply with any conditions attached to the original approval, the extent to which newly adopted subdivision regulations would apply to the replat, and the recommendation of the Commission. The Commission may recommend, and City Council may grant, extension of the replat approval period or denial of the request, in which instance the original replat shall be deemed to be null and void. The property owner must thereafter submit a new replat application for approval and shall conform to the subdivision regulations then in effect.

The Commission may recommend, and City Council may grant, extension of the replat subject to additional conditions based upon newly enacted City regulations and/or State legislation, or such as are necessary to ensure compliance with the original conditions of approval and to protect the public health, safety and welfare. The Commission may recommend, and City Council may specify, a shorter time for extension of the replat than the original one hundred and eighty (180) day approval period.

This subsection shall not be interpreted to extend or conflict with statutory timelines under Texas Local Government Code, chapter 212.

Approval standard.

The Planning and Zoning Commission and City Council shall approve any replat that complies with all applicable requirements of this Ordinance and state law. Approval of such replats is a ministerial act and shall not involve discretion to deny a compliant application.

State law compliance.

All replat applications shall be reviewed and acted upon in accordance with Texas Local Government Code chapter 212, including section 212.009 and section 212.0091, as amended. Plat applications shall be scheduled and considered in a manner that ensures compliance with the timelines set forth in Texas Local Government Code chapter 212.

Uniform application.

The City shall apply subdivision regulations uniformly to similarly situated applications.

Limitation on additional requirements.

The City shall not require additional studies, documents, or information beyond those authorized by this Ordinance or state law.

(Ordinance 1012 adopted 7/20/00; Ordinance 1104 adopted 3/2/04; Ordinance 19-58 adopted 12/17/19; Ordinance 24-23 adopted 5/7/2024; Ordinance 26-14 adopted 4/7/2026)

§ 2.9 Amending Plats.

2.9

An amended plat shall meet all of the informational and procedural requirements set forth for a final plat, and shall be accompanied by the required number of copies of the plat, a completed application form, the required filing fee (per the City’s plat submission guidelines, as may be amended from time to time) and a certificate showing that all taxes have been paid on the subject property and that no delinquent taxes exist against the property in accordance with Section 1.13.

The City Manager (or designee) may approve an amending plat, which may be recorded and is controlling over the preceding or final plat without vacation of that plat, if the amending plat is signed by the applicants only and if the amending plat is for one or more of the purposes set forth in this Section. The procedures for amending plats shall apply only if the sole purpose of the amending plat is to:

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

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

Correct an error in a real property description shown on the preceding plat;

Indicate monuments set after the death, disability or retirement from practice of the engineer or surveyor responsible for setting monuments;

Show the location or character of a monument that has been changed in location or character or that is shown incorrectly as to location or character on the preceding plat;

Correct any other type of scrivener or clerical error or omission previously approved by the municipal authority responsible for approving plats, including lot numbers, acreage, street names and identification of adjacent recorded plats;

Correct an error in courses and distances of lot lines between two adjacent lots if:

(a)

Both lot owners join in the application for amending the plat;

(b)

Neither lot is abolished;

(c)

The amendment does not attempt to remove recorded covenants or restrictions; and

(d)

The amendment does not have a material adverse effect on the property rights of the owners in the plat;

Relocate a lot line to eliminate an inadvertent encroachment of a building or other improvement on a lot line or easement;

Relocate one or more lot lines between one or more adjacent lots if:

(a)

The owners of all those lots join in the application for amending the plat;

(b)

The amendment does not attempt to remove recorded covenants or restrictions; and

(c)

The amendment does not increase the number of lots; or

10.

To make necessary changes to the preceding plat to create six (6) or fewer lots in the subdivision or a part of the subdivision covered by the preceding plat if:

(a)

The changes do not affect applicable zoning and other regulations of the City;

(b)

The changes do not attempt to amend or remove any covenants or restrictions; and

(c)

The area covered by the changes is located in an area that the City has approved, after a public hearing, as a residential improvement area.

Notice, a public hearing and the approval of other lot owners are not required for the approval and issuance of an amending plat.

The amended plat shall be entitled and clearly state that it is an “amended plat.” It shall also state the specific lots affected or changed as a result of the amended plat and shall include the original subdivision plat boundary. All references to “final plat” or “replat” shall be removed.

Other than noted above, the procedure for approval of plat amendment(s) shall be the same as in Section 2.8.

Approval of an amended plat shall expire unless the amended plat is recorded in the plat records of Kaufman County within ninety (90) days after the date of final approval of the amended plat.

The amended plat shall be filed at the County in the same manner as prescribed for a final plat.

(Ordinance 1012 adopted 7/20/00; Ordinance 1108, sec. 1, adopted 4/6/05)

§ 2.10 Plat Vacation.

2.10

By Property Owner. The property owner of the tract covered by a plat may vacate, upon the approval of the Planning and Zoning Commission and City Council, the plat at any time before any lot in the plat is sold. 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 (instrument language is available from the City, upon request).

By All Lot Owners.

If some or all of the lots covered by the plat have been sold, the plat, or any part of the plat, may be vacated on the application of all the owners of lots in the plat with approval obtained in the manner prescribed for the original plat.

Criteria.

The Planning and Zoning Commission and City Council shall approve the petition for vacation on such terms and conditions as are in accordance with Section 212.013 of the Texas Local Government Code, and as are reasonable to protect the public health, safety and welfare. As a condition of vacation of the plat, the City Council may direct the petitioners to prepare a revised final plat in accordance with these regulations such that the property does not become “unplatted.”

Effect of Action.

On the execution and recording of the vacating instrument, the vacated plat shall have no effect. Regardless of the Planning and Zoning Commission’s and City Council’s action on the petition, the property owner or developer will have no right to a refund of any monies, fees or charges paid to the City nor to the return of any property or consideration dedicated or delivered to the City except as may have previously been agreed to by the Planning and Zoning Commission and City Council.

City-Initiated Plat Vacation.

General Conditions.

The Planning and Zoning Commission and City Council, on its motion, may vacate the plat of an approved subdivision or addition when:

(a)

No lots within the approved plat have been sold within five (5) years from the date that the plat was signed by the City;

(b)

The property owner has breached an improvement agreement and the City is unable to obtain funds with which to complete construction of public improvements, except that the vacation shall apply only to lots owned by property owner or its successor; or

(c)

The plat has been of record for more than five (5) years and the City determines that the further sale of lots within the subdivision or addition presents a threat to public health, safety and/or welfare, except that the vacation shall apply only to lots owned by the property owner or its successors.

Procedure.

Upon any motion of the Planning and Zoning Commission or City Council to vacate the plat of any previously approved subdivision or addition, in whole or in part, the Commission shall publish notice in a newspaper of general circulation in the County. The Commission shall also provide personal notice to all property owners within the subdivision or addition and to the City Council. The notice shall state the time and place for a public hearing on the motion to vacate the subdivision or addition plat. The Commission shall recommend approval and the City Council shall approve the vacation only if the criteria and conditions cited above are satisfied.

Record of Notice.

If the Commission and City Council approve vacating a plat, the City Manager (or his/her designee) shall record a copy of the resolution or ordinance in the office of the County Clerk of Kaufman County with a copy of the area or plat vacated. The County Clerk shall write legibly on the vacated plat the word “vacated” and shall enter on the plat a reference to the location (i.e., cabinet, volume, page, etc.) at which the vacating instrument is recorded. If the Commission and City Council adopt a resolution or ordinance vacating a plat in part, it shall cause a revised final plat to be recorded which shows that portion of the original plat that has been vacated and that portion that has not been vacated. On the execution and recording of the vacating instrument the vacated plat has no effect.

(Ordinance 1012 adopted 7/20/00; Ordinance 1108, sec. 1, adopted 4/6/05)

§ 2.11 Minor Plats.

2.11

A minor plat shall meet all of the informational and procedural requirements set forth for a final plat, and shall be accompanied by the required number of copies of the plat, a completed application form, the required filing fee (per the City’s plat submission guidelines, as may be amended from time to time), and a certificate showing that all taxes have been paid on the subject property and that no delinquent taxes exist against the property in accordance with Section 1.13.

The City Manager (or designee) may approve a minor plat, or may for any reason, elect to present the minor plat to the Planning and Zoning Commission and City Council for consideration and approval. Any decision made on the minor plat by the City Manager (or designee) shall be approval of the plat. Should the City Manager (or designee) refuse to approve the minor plat, then the plat shall be referred to the Planning and Zoning Commission and/or City Council for consideration within the time period required by State law.

Notice, a public hearing and the approval of other lot owners are not required for the approval a minor plat.

The minor plat shall be entitled and clearly state that it is a “minor plat.”

Approval of a minor plat shall expire unless the minor plat is recorded in the plat records of Kaufman County within ninety (90) days after the date of final approval of the minor plat.

The minor plat shall be filed at the County in the same manner as prescribed for a final plat.

(Ordinance 1012 adopted 7/20/00; Ordinance 1108, sec. 1, adopted 4/6/05)

§ 2.12 Additional Plat Approval Regulations.

30-Day Time Frame for Plat Approvals.

Right to 30-day action for plat applications begins on the filing date. The statutory 30-day time frame for plat approvals, established by the Texas Local Government Code, Chapter 212, shall commence on the filing date.

Extension of right to 30-day action. Pursuant to Texas Local Government Code, § 212.009(b-2), as amended, upon application in writing by the applicant, the Planning and Zoning Commission or City Council may approve one or more extensions of right to 30-day action, each such extension not to exceed 30 additional days.

Planning Director Approval. In the event there is not sufficient time for the Planning and Zoning Commission to approve or deny any plat based upon the filing date of such plat, the Director of Community Development of the City may approve, approve with conditions, or disapprove a plat, pursuant to Section 212.0065 of the Texas Local Government Code, as amended. The disapproval of any plat by the Director of Community Development may be appealed to the Planning and Zoning Commission.

(Ordinance 24-23 adopted 5/7/2024)

§ 2.13 Extraterritorial Jurisdiction.

Petitions for Release from Extraterritorial Jurisdiction

A petition for release or a petition to hold an election for release from the City’s extraterritorial jurisdiction may be filed by a resident or a landowner within the extraterritorial jurisdiction, as provided by Texas Local Government Code, chapter 42 as amended.

A petition either for the release or requesting an election is considered filed when it meets the following requirements:

The petition must comply with the signature requirements of Texas Local Government Code, chapter 42 as amended, and the Texas Election Code, chapter 277 as amended;

The petition must include a map of the land to be released and describe the boundaries of the land by either:

(a)

Metes and bounds; or

(b)

Lot and block number, if there is a recorded map or plat; and

To permit the City Secretary to verify the petition, the petition of a corporate owner must be accompanied by the following:

(a)

Date of birth of the signor;

(b)

Personal residence address of the signor;

(c)

Business entity’s Certificate of Good Standing from the Texas Secretary of State;

(d)

Business entity’s Articles of Incorporation, certificate of formation, partnership agreement, or other corporate formation document;

Business entity’s Bylaws; and

Resolution of the business entity authorizing the petition for release be executed and filed by the entity representative.

Upon receipt of a petition, the City must verify the petition.

The City shall notify the resident and landowners of the area described by the petition of its results. This may be satisfied by notifying the party who filed the petition.

If the petition for release contains the requisite number of signatures, the City shall release the area from its extraterritorial jurisdiction by the later of the 45th day after the date the petition was filed or the next meeting of the City Council that occurs after the 30th day after the petition was filed.

If the resident or landowner submits a verified petition to hold an election for release, the City may either:

Voluntarily release the area for which the election is to be held from the City’s extraterritorial jurisdiction before the date on which the election would have been held; or

Order an election for release, which must comply with Texas Election Code and Local Government Code, chapter 42, as amended.

This section does not apply to the following properties in the extraterritorial jurisdiction:

In an area designated as an Industrial District under the Texas Local Government Code, § 42.044, as amended;

In an area subject to a strategic partnership agreement with the City; or

An area within five miles of the boundary of a military base, as defined by Texas Local Government Code, § 43.017; or

Any other exceptions to release of an area by petition of a landowner or resident as described by Local Government Code, chapter 42.

(Ordinance 25-29 adopted 10/21/2025)