(a)
Prior to the subdivision, re-subdivision, or development of any land within the city, or its extraterritorial jurisdiction, all plans, plats, and construction plans for infrastructure improvements must first be approved in accordance with this chapter except for:
(1)
Alterations to an existing building or site where no additions; increase in floor area; drainage improvements; street improvements; utility extension; additional parking; or changes to street access are proposed.
(2)
Divisions of land created by order of a court of competent jurisdiction.
(3)
A change in ownership of a property through inheritance or the probate of an estate.
(4)
Cemeteries complying with all state and local laws and regulations.
(5)
Lot or lots proposed to be used for single-family purposes, that were in existence in its current configuration prior to 1983 and were part of the Brookshire Townsite.
(b)
Except as exempted above, no land may be subdivided or platted through the use of any legal description.
(c)
Except for agricultural leases, no person shall transfer, lease, sell or receive any part of a parcel before a plat of such parcel and the remaining parcel have been approved by the City Council in accordance with the provisions of these regulations in this Code and filed for record with the appropriate County Clerk.
(d)
No building permit for a structure or certificate of occupancy shall be issued for any parcel or tract of land until such property has received plat approval in conformity with the provisions of this Code, and filed for record with the appropriate County Clerk, and public improvements have been accepted by the city (if applicable).
(e)
The platting or subdivision of any lot or any parcel of land, by the use of Global Positioning System (GPS) using the Texas State Plane Coordinate System (SPCS) as a substitute for metes and bounds for the purpose of sale, transfer, lease or development is prohibited. The SPCS may be used as supporting documentation only and the datum source must be referenced.
(f)
The Commission and the City Council will act on a plat within the timeframe specified in the applicable state law. A plat is considered approved unless it is disapproved within that period.
Review Authority and Expiration of Plats | |||
|---|---|---|---|
Type of Plat | Applicability | Approving Body/Official | Expiration |
Minor Plat | Creation of four (4) or fewer lots fronting on an existing street and not requiring the creation of any new street or the extension of municipal facilities. | Mayor (designee) | Must be filed with the County Clerk within 12 months following the date of approval |
Amending Plat | A plat that complies with Texas Local Government Code § 212.016 and generally submitted to correct errors and omissions or make minor changes | Mayor (designee) | Must be filed with the County Clerk within 12 months following the date of approval |
Development Plat | Required for previously unsubdivided or unplatted land that is not being divided into separate parcels, as described in Texas Local Government Code § 212.045 | Mayor (designee) | Must be filed with the County Clerk within 12 months following the date of approval |
Preliminary Plat | Required for land being divided into separate parcels, plats with five or more lots, and any plats that require public improvements that will be dedicated to the city. | City Council | Must submit a Final Plat within 12 months following the date of approval |
Final Plat | • Required for land being divided into separate parcels, plats with five or more lots, and any plats that require public improvements that will be dedicated to the city. • Required to ensure that a final recorded plat conforms to the Preliminary Plat as approved by the City Council and to the Construction Plans as approved by the Mayor or designee. | City Council | Must be filed with the County Clerk within 12 months following the date of approval |
Replat | To replat a subdivision or part of a subdivision without vacation of the original plat. | City Council | Must be filed with the County Clerk within 12 months following the date of approval |
Plat Approval Extension | To extend expiration date of a plat approval. | City Council | If no development has occurred within 12 months following the date of approval, the expiration date may be extended by an additional 12 months |
(Ordinance 26-747-16 adopted 4/2/2026)