Euless City Zoning Code
ARTICLE IX
PLATTING AND SUBDIVISION OF LAND
§ 84-400 Purpose and intent.
The purpose of regulating platting of subdivision is to provide a tool to fashion orderly development in defined ways. Using prescribed methods, the use of private land is regulated in the public interest. The intent of this article is to ensure that adequate records in land title are provided for and to provide for safe, orderly, and adequate design and construction of new streets, water, sewer and drainage facilities.
(Ordinance 1133, § 1(9-100), 3-22-94)
§ 84-401 Goals.
In order to achieve orderly, efficient and environmentally sound subdivision of land, the city must be provided with appropriate guidelines and development management mechanisms. This article, in conjunction with the other land use control tools as now or hereafter may be adopted by the city, provide those guidelines and mechanisms. With this in mind, it is the intent of these regulations to further the following goals:
Protect and provide for the public health, safety, and general welfare of the community.
Guide the future growth and development of the community, in accordance with the master plans of the city, ensuring that the comprehensive and coordinated plans effected by the various land use controls of the city are not negated by disorganized, unplanned and uncoordinated development.
Guide and phase any and all developments to maximize the utilization of existing and proposed public facilities and improvements to ensure that these facilities will have sufficient capacity to serve the propose subdivision.
Guide public and private policy and action in order to provide adequate and efficient transportation, public utilities, sewerage, schools, parks, playgrounds, recreation, and other public requirements and facilities.
Establish reasonable standards of design and procedures for subdivision of land in order to further the orderly layout and use of land, and to ensure proper legal descriptions and monumenting of subdivided land.
Preserve the natural beauty and topography of the municipality and to ensure appropriate development with regard to these natural features.
Provide for open spaces through the most efficient design and layout of the land, including the acquisition and dedication of park lands.
(Ordinance 1133, § 1(9-101), 3-22-94)
§ 84-402 Applicability.
It is unlawful to subdivide or do significant construction on any land, parcel or real property that does not comply with the minimum requirements stated herein. Approval or issuance of any permit shall not be construed as an approval of a violation of the provision of this document.
(Ordinance 1133, § 1(9-102), 3-22-94)
§ 84-403 Jurisdiction.
These regulations apply to all subdivisions of land, located within the corporate limits of the city and within the city’s extraterritorial jurisdiction, as provided by law, and to all additions of land within the corporate limits of the city, except as expressly stated herein.
The following types of subdivision do not require approval by the city:
The division of land into two or more parts where all parts are larger than five acres and zoned single-family detached dwelling district or located within the extraterritorial jurisdiction of the city.
The division of land into two or more parts where all parts are larger than 20 acres regardless of zoning or location.
The creation of a remainder of a tract caused by the platting of a portion of the tract, provided the remainder is larger than 20 acres, or the remainder is larger than five acres and zoned single-family detached dwelling district or is located within the extraterritorial jurisdiction of the city.
The division of a tract or parcel for purposes of dedicating right-of-way easements, park land, or other public facilities or easements.
The creation of a leasehold for agricultural use of the subject property, provided that the use does not involve the construction of a building(s) to be used as a residence or for any purpose not directly related to agricultural use of the land or crops or livestock raised thereon.
The division of property through inheritance, the probate of an estate, or by a court of law.
The city shall not extend utilities, provide access to public roads or authorize any building construction for the development of property which has not received final plat approval, except as otherwise provided by this chapter.
A written request may be directed to the commission for information concerning whether a plat is required under these regulations, in accordance with Section 212.0115, as amended, of the Texas Local Government Code.
The exclusion of such activities from these regulations does not waive any jurisdiction the city now exercises or may exercise over such matters.
The city shall not extend utilities, provide access to public roads or authorize any building construction for the development of any property which has not received final plat approval, except as otherwise provided by this chapter.
Except as provided above and lots of record established prior to the effective date of this chapter, no land shall be sold, leased, or transferred until the property owner has obtained approval of a final plat, or conveyance plat from the administrator, the commission or the council as required by these regulations.
The city shall withhold all public improvements and utilities, including the maintenance of streets and the provision of sewage facilities and water service, from all tracts, lots or additions, the platting of which has not been officially approved by the administrator, the commission, or city council and for which a certificate of compliance has not been issued pursuant to section 84-410(g).
Except as provided in sections 84-411(c)(5) and 84-474, no building construction or modifications shall commence nor shall any building or property be used or occupied until such property has received final plat approval and is in substantial conformity with the provisions of these subdivision regulations, and no private improvements shall take place or be commenced except in conformity with these regulations.
(Ordinance 1133, § 1(9-103), 3-22-94)
§ 84-404 Procedures.
All applications for platting of property shall be subject to the procedures for platting as outlined within this document.
Division of property.
Hereafter, every owner of any lot, tract, or parcel of land who may make or cause a subdivision of land into two or more pieces shall cause a plat to be made thereof, which shall accurately describe all of said lot, tract, or parcel of land as required by this article. Unless specifically authorized by this document, no plat may be recorded, no lot may be sold, and no transfer of title to any part of such lot, tract, or parcel of land shall be made until a plat, accurately describing the property to be conveyed, is approved in accordance with these provisions and filed in the plat records of the county.
Platting required for building permits.
Platting of property prior to the issuance of a building permit shall be required under the following conditions:
New construction is proposed on a vacant parcel of land; or
New construction is proposed for an existing structure where the total cost of the new construction exceeds $5,000.00. This condition may be waived, at the discretion of the administrator, if unusual conditions are documented by the applicant. Unusual circumstances are as defined in article III.
(Ordinance 1133, § 1(9-200), 3-22-94)
§ 84-405 General.
Classification of subdivisions and additions.
Before any land is platted, the property owner shall apply for and secure approval of the proposed subdivision plat or addition plat in accordance with the following procedures, unless otherwise provided by these regulations. Subdivisions are classified as major or minor depending on the number of lots proposed and the extent of public improvements required.
Minor subdivisions shall create no more than four lots and do not require the creation of a new street or the extension of municipal facilities. Minor subdivisions may be approved for residential and nonresidential properties. Conveyance plats may be approved under the procedure for minor subdivisions provided that they establish no more than four lots and do not create a new street or extend municipal facilities. Minor plat approval requires the submission of a final plat as described under section 84-410, or the submission of a conveyance plat as described under section 84-411. The administrator may approve and sign minor plats on behalf of the city or refer them to the planning and zoning commission for their action.
Major subdivisions involve the creation of new streets, the extension of municipal facilities or the creation of more than four lots. Major subdivisions may be approved for residential and nonresidential properties. Conveyance plats are considered major subdivisions if they create more than four lots or involve the creation of new streets or the extension of municipal facilities. The procedure for approving a major plat typically requires three steps: land plan, preliminary plat, and final plat. Land plans are approved by the planning and zoning commission. The land plan requirement may be omitted if the subdivision creates no more than one new street and the administrator determines that sufficient information exists to begin preparation of a preliminary plat. Land plans for nonresidential property may be omitted where the administrator determines that a circulation plan, site plan, etc., for the property contains sufficient information to provide for the proper coordination of the development.
Except as otherwise permitted, the planning and zoning commission’s approval of a preliminary plat is required prior to the construction of public improvements to the property. The preliminary plat and the associated engineering plans for the property may be amended during construction, with only major changes requiring reapproval by the planning and zoning commission.
Upon completion of the required public improvements, or the provision of a subdivision improvement agreement described under article XI, the owner may submit a corrected final plat and construction “as builts” for the subdivision. Lots may be sold and building permits obtained after approval of the plat by the planning and zoning commission, and filing of the signed plat. The preliminary plat process may be altered if the owner enters into a subdivision improvement agreement with the city and provides engineering plans and sufficient surety for all proposed public improvements.
Submission requirements; commission approval.
For the purpose of these regulations, the date on which the application is first filed shall constitute the official submission date for the plat, after which the statutory period required for approval or disapproval of the plat shall commence to run. The city shall publish at least 30 days prior to the beginning of each year a calendar of official submittal dates. This calendar shall specify two submittal dates for each month. All applications delivered to the city on a date other than a scheduled date shall be dated received on the next official submittal date.
Submittal requirements; staff approval only.
Minor plats may be submitted at any time during normal office hours. The plat shall be approved by the administrator or placed on an agenda of the planning and zoning commission for consideration no later than 30 days of its receipt.
Approval criteria.
Applications for plat approval shall be evaluated for compliance with these regulations and requirements contained in the city’s standard specifications manual and design manuals, which are incorporated herein by reference, and with any other criteria, policies, rules and plans which are referenced elsewhere in these regulations.
Statutory compliance procedure.
The planning and zoning commission shall approve or disapprove the application, or identify requirements which must be satisfied prior to approval of such application, within 30 days of official submittal. If the commission fails to approve or disapprove (disapproval includes the identification of requirements to be satisfied prior to approval) an application within 30 days of the official submission date, the application shall be deemed approved. However, the identification of requirements by the commission, (at a scheduled meeting of the commission prior to 30 days following the official submission date) which remain to be satisfied prior to plat approval, shall constitute disapproval of the application for purposes of statutory compliance only. Unless the commission unconditionally disapproves the plat application within such period, the city shall continue to process the application for compliance with these regulations.
Fees, application forms and procedures.
City council shall establish a schedule of fees as required to recoup costs related to the administration of this chapter. The administrator may establish procedures, forms and standards with regard to the content, format and number of copies of information constituting an application for a land plan, preliminary plat, conveyance plat, replat, vacation of plat or final plat.
(Ordinance 1133, § 1(9-300), 3-22-94)
§ 84-406 Land plan.
Purpose.
The purpose of the land plan is to review and approve a general plan for the development of property including the layout of streets, lots, open space, sites for public facilities and utilities.
Applicability.
A land plan covering the entire holdings shall be required as a condition precedent to approval of any application for a major plat, except where the administrator determines:
Phasing of development.
The commission may permit a land plan for a major plat to be divided into two or more phases, as indicated on the land plan, and may approve certain conditions as it deems necessary to assure the orderly development of the platted land.
Application procedure and requirements.
Pre-application conference.
Before preparing the land plan, the applicant shall schedule an appointment and meet with the administrator to discuss the procedures for approval of the plat and the requirements as to general layout of streets and or reservations of land, street improvements, drainage, sewerage, fire protection, and similar matters, as well as the availability of existing services.
General application requirements.
Prior to platting of the land and after meeting with the administrator, the property owner shall file an application for approval of a land plan with the commission. The application and land plan shall meet the following minimum requirements:
The application shall include all contiguous holdings of the property owner with an indication of the portion which is proposed to be developed or offered, sold or leased, accompanied by an affidavit of ownership, which includes an address and telephone number of an agent who shall be authorized to receive all notices required by these regulations.
The land plan shall be drawn to scale of one inch equals 100 feet or larger.
The lower right hand corner of the land plan shall contain a title block clearly showing the proposed name of the subdivision or addition, the name and address of the owner and the engineer or surveyor responsible for the designer 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 Tarrant County, Texas.
The land plan shall clearly show the limits of the tract. True north, scale and date, shall be clearly indicted and shall be to the top or left of the land plan.
The land plan shall show the names of adjacent subdivisions or additions or the name of record owners of adjoining parcels of unplatted land.
The land plan shall contain the existing zoning on adjoining land, the location, width, and names of all existing or platted streets or other public ways within or adjacent to the tract, existing permanent buildings, railroad rights-of-way, and topography with existing drainage channels or creeks, and other important features such as political subdivision or corporate limits and school district boundaries.
The land plan shall show the layout, names and width of proposed thoroughfares, collector streets, and intersections, and shall show a general configuration of proposed streets and alleys.
The land plan shall show a general arrangement of land uses, including but not limited to park and school sites, municipal facilities, private open space, flood plains and drainage ways, phasing plan, and proposed nonresidential and residential uses and densities.
The land plan shall indicate layout, numbers, and approximate dimensions of proposed lots and all building lines.
The land plan shall indicate existing contours of the tract in intervals of two feet or less, referred to sea level datum.
The land plan shall indicate existing sewers, water mains, culverts, or other underground structures within the parcel and immediately adjacent thereto with pipe sizes and locations indicated.
The land plan shall indicate proposed water, sanitary sewer and storm sewer pipe lines with culverts, bridges, and other appurtenances or structures shown.
The land plan shall indicate stormwater retention or detention basins as required.
Standards for approval.
A copy of the proposed land plan shall be forwarded to the city council for their information and use. No land plan shall be approved by the commission unless it conforms to the master plans of the city and the development ordinances of the city.
Approval procedure.
After review of the land plan, the report and recommendations of the administrator and the exhibits submitted at a scheduled meeting, the commission shall approve, conditionally approve or disapprove the land plan. One copy of the proposed land plan shall be made available to the owner with the date of approval or disapproval and the reasons therefore accompanying the copy. If the commission disapproves the proposed land plan, the applicant may execute an appeal in the manner prescribed in section 84-415.
Effect of approval.
Approval of the land plan in conformance to sections 84-406(d)(3) and 84-406(d)(5) by the commission constitutes authorization by the city for the property owner to submit application for approval of a preliminary plat subject to the approved land plan and compliance with any conditions attached by the commission.
Lapse of land plan approval.
The approval of any phase or phases of a land plan, which is intended for development, shall automatically expire unless such phase or phases have been submitted and approved by the commission as a preliminary plat within one year of the date of approval of such land plan (see section 84-409).
(Ordinance 1133, § 1(9-400), 3-22-94)
§ 84-407 Preliminary plat.
Purpose.
The purpose of the preliminary plat is to allow the commission and/or the city council to evaluate the proposed plat for conformity with requirements and conditions identified at the time of land plan approval and to evaluate construction plans for public improvements or to provide adequate security for construction of the same.
Applicability.
A preliminary plat is required for all major subdivisions prior to the construction of public improvements.
Application procedure and requirements.
On forms approved by the city, the applicant shall file for approval of a preliminary plat, which conforms substantially with the land plan or alternate plan as permitted under section 84-406(b) by the applicant. The plat shall be prepared by or under the supervision of a registered public surveyor in the state and shall bear his seal, signature and date on each sheet. The payment of all applicable fees shall be required at the time of submission.
General application requirement.
Copies of the proposed preliminary plat shall be at a scale of one inch equals 100 feet or larger and in a form substantially as follows:
The boundary lines with accurate distances and bearings and the exact location and width of all existing or recorded streets intersecting the boundary of the tract.
True bearings and distances to the nearest established street lines and to two official city monuments (see section 84-441), which shall be accurately described on the plat.
Accurate ties to the abstract and survey corners as required by state surveying law and the amount of acreage in each tract shall be shown.
The exact layout including:
Street names.
The length of all arcs, radii, internal angles, points of curvature, length, and bearings of the tangents.
All easements for rights-of-way provided for public services, utilities and drainage.
All lot numbers and lines with accurate dimensions in feet and hundredths of feet and width bearings and angles to street and alley lines.
The accurate location, material, and size of all monuments approved by the city engineer. Horizontal and vertical control data shall be established for a minimum of two corners of the subdivision or addition.
The accurate outline of all property which is offered for dedication for public use with the purpose indicated thereon, and of all property that may be reserved by deed covenant for the common use of the property owners in the subdivision or addition.
Building setback lines.
Special restrictions including, but not limited to, drainage and floodway, fire lanes, screening.
Proposed name of the subdivision or addition.
Name and address of the property owner.
North point, scale, and date.
Certification by a registered public surveyor to the effect that the plat represents a survey made by him and that all the monuments shown thereon actually exist, and that their location, size, and material description are correctly shown, and that the survey correctly shows the location of all visible easements and rights-of-way and all rights-of-way, easements and other matters of record affecting the property being platted.
Boundary survey along with supporting documentation such as closure and area calculations.
Additional documents necessary for dedication or conveyance of easements or rights-of-way, as required by the city. The city may, in some instances, require the conveyance of fee simple title for certain rights-of-way.
Entry easements to allow city inspectors to enter the property being platted for the purpose of inspecting the construction of the public improvements.
Avigation easements as necessary as required by the city.
Standards for approval.
A copy of the proposed preliminary plat shall be forwarded to the city council for their information and use. No preliminary plat shall be approved by the commission unless the following standards have been met:
The plat substantially conforms with the approved land plan or other study as provided in section 84-406(b).
A preliminary water and waste water lay out and a preliminary storm drainage lay out have been reviewed by and are acceptable to the city engineer.
Provision for note on the preliminary plat stating that installation and dedication of public improvements will be made prior to the submission of final plat.
The plat conforms to applicable zoning and other regulations.
The plat meets all other requirements of these regulations.
Timing of public improvements.
The commission may require that all public improvements be installed, offered for dedication and accepted by the city prior to the signing of the final plat by the chairman of the commission.
At the request of the applicant, the commission 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 offer significant advantage in coordinating the site’s development with adjacent properties and off-site public improvements. Any required public improvement(s) approved for deferred construction must be provided for as required in article XI prior to the approval of the final plat (see section 84-473).
If the commission does not require that all public improvements be installed, offered for dedication and accepted by the city prior to signing of the final plat by the chairman, it shall require that the applicant execute an improvement agreement and provide security for the agreement as provided in section 84-470(b).
Approval procedure.
After review of the preliminary plat, the report and recommendations of the administrator concerning the land plan and the application, the report and recommendation of the city engineer on the construction plans, and any exhibits submitted at a public meeting, the applicant shall be advised of any required changes and/or additions. The commission shall approve or disapprove the preliminary plat. One copy of the proposed preliminary plat shall be returned to the owner with the date of approval, conditional approval or disapproval and the reasons therefore accompanying the plat. If the commission disapproves the proposed preliminary plat, the applicant may execute an appeal in the manner prescribed in section 84-415.
Effect of approval.
Approval of a preliminary plat by the commission constitutes authorization for the property owner’s professional engineer to begin preparation of construction plans for public improvements. Approval of a preliminary plat also authorizes the property owner, upon fulfillment of all requirements and conditions of approval, to submit for approval an application for final plat approval in accordance with section 84-410. Upon release of the construction plans, the city engineer shall issue a certificate indicating the construction plans have been released and construction of the improvement is thereafter authorized. Additional certificates may be issued by the city engineer authorizing the construction of private utilities on a phased schedule. The certificate shall read as follows:
“The preliminary plat for (insert name of the subdivision or addition) as approved by the City of Euless Planning and Zoning Commission on (insert date of approval) is authorized for the construction of public improvements as approved by the City Engineer. A final plat shall be approved by the City upon the completion of all public improvements to the satisfaction of the City Engineer or the provision of a subdivision improvement agreement under the terms of the subdivision ordinance and submission of a final plat in compliance with Section 84-410 [Final Subdivision Plat] of the Unified Development Code of the City of Euless.”
Lapse of preliminary plat approval.
The approval of a preliminary plat shall be effective for a period of two years from the date that the preliminary plat is approved by the commission or the council, at the end of which time the applicant must have submitted and received approval for a final plat. If a final plat is not submitted and approved within two years, the preliminary plat approval shall be null and void, and the applicant shall be required to submit a new plat for land plan review subject to the then existing zoning restrictions and subdivision regulations (see section 84-409 concerning extensions and reinstatement of approval).
Construction plan procedure and requirements.
General application requirement.
Construction plans shall be prepared by or under the supervision of a professional engineer registered in the state as required by state law governing such professions. Plans submitted for review by the city shall be dated and bear the responsible engineer’s name, serial number and the designation of “engineer,” “professional engineer,” or “P.E.” and an appropriate stamp or statement near the engineer’s identification, stating that the documents are for preliminary review and are not intended for construction. Final plans acceptable to the city shall bear the seal and signature of the engineer and the date signed on all sheets of the plans. Public works construction in streets, alleys or easements which will be maintained by the city shall be designed by a professional engineer registered in the state.
Construction plan review procedure.
Copies of the construction plans, and the required number of copies of the plat, shall be submitted to the city engineer for final approval. The plans shall contain all necessary information for construction of the project, including screening walls, and other special features. All materials specified shall conform to the standard specifications and standard details of the city. Each sheet of the plans shall contain a title block including space for the notation of revisions. This space is to be completed with each revision to the plan sheet and shall clearly note the nature of the revision and the date the revision was made. The construction plans may be released subject to concurrence by the city engineer that the plans meet the minimum requirements of the city upon payment of inspection fees, escrows due (if any) and pro-rata charges due (if any). Upon such release, each contractor shall maintain one set of plans, stamped for city release, on the project site at all times during construction (see sections 84-471 and 84-472).
Failure to commence construction.
If construction has not commenced within one year after approval of the plans, resubmittal of plans may be required by the city engineer for meeting current standards and engineering requirements. “Construction” shall mean installation of city maintained public improvements.
(Ordinance 1133, § 1(9-500), 3-22-94; Ordinance 1539, §§ 1-3, 6-25-02)
§ 84-408 Amendments to land plan or preliminary plat.
At any time following the approval of a land plan or preliminary plat, and before the lapse of such approval, a property owner may request an amendment. The rerouting of streets, addition or deletion of alleys, or addition or deletion of more than ten percent of the approved number of lots shall be considered a major amendment. The adjustment of street and alley alignments, lengths, and paving details; the addition or deletion of lots within ten percent of the approved number and the adjustment of lot lines shall be considered minor amendments.
The administrator may approve a minor amendment to the commission under the terms of section 84-405. Major amendments may be approved by the commission at a public meeting in accordance with the same requirements for the approval of a land plan or preliminary plat.
The commission shall approve, conditionally approve or disapprove any proposed major amendment and may make any modifications in the terms and conditions of preliminary plat approval reasonably related to the proposed amendment. If the applicant is unwilling to accept the proposed amendment under the terms and conditions required by the commission, the applicant may withdraw the proposed major amendment or appeal the action of the commission to the city council in accordance with section 84-415.
(Ordinance 1133, § 1(9-600), 3-22-94)
§ 84-409 Extension and reinstatement procedure.
Sixty days prior to or following the lapse of approval for a land plan or preliminary plat, as provided in these regulations, the property owner may petition the commission to extend or reinstate the approval. Such petition shall be considered at a public meeting of the commission.
In determining whether to grant such request, the commission 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 plat or land plan. The commission shall extend or reinstate the plat or land plan, or deny the request, in which instance the property owner must submit a new application for approval.
The commission may extend or reinstate the approval subject to additional conditions based upon newly enacted regulations or such as are necessary to assure compliance with the original conditions of approval. The commission may also specify a shorter time for lapse of the extended or reinstated plat or land plan than is applicable to original approvals.
(Ordinance 1133, § 1(9-700), 3-22-94)
§ 84-410 Final subdivision plat.
Purpose.
The purpose of a final plat is to record the subdivision of property including the accurate description of blocks, rights-of-way, easements, building lines and street names.
Applicability.
A final plat shall be required for subdivisions of property and the recording of single lots in accordance with section 84-403.
Application procedure and requirements.
A final plat for minor subdivisions may be approved and signed by the administrator. A final plat for a major subdivision shall require approval by the planning and zoning commission. Final plats shall comply to the preliminary plat where applicable. The application shall be accompanied by the following:
Copies of the proposed final plat bearing all information specified in section 84-407(c)(1) the following language:
“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 withholding of utilities and building permits.”
Formal irrevocable offers of dedication to the public of all streets, local government uses, utilities, parks, and easements, in a form approved by the city. The plat shall be marked with a notation indicating the formal offers of dedication.
The improvement agreement and security, if required, in a form satisfactory to the city and in an amount established by the commission upon recommendation of the city engineer and shall include a provision that the property owner shall comply with all the terms of the final plat approval as determined by the commission.
A recording fee in an amount as set by the county clerk.
As-built construction plans, where applicable.
Standards for approval.
A final plat shall be approved by the administrator, the commission or the council provided all of the following standards have been met:
The plat substantially conforms to the preliminary plat.
Required public improvements have been constructed and accepted or an improvement agreement has been accepted by the city providing for the subsequent completion of improvements.
The plat conforms to applicable zoning and other regulations.
Provision has been made for adequate public facilities under the terms of this chapter.
The plat meets all other requirements of this chapter.
Approval procedure.
After review of the final plat, the administrator shall place the final plat for consideration on the agenda of a public meeting of the commission. Minor plats may be approved by the administrator or referred to the commission in accordance with section 84-26. In the event of disapproval, reasons for disapproval shall be stated. One copy of the final subdivision plat shall be returned to the applicant with the date of approval, conditional approval or disapproval noted on the final plat, and, if the final plat is disapproved, the reasons for disapproval accompanying the final plat.
Appeals.
If the commission disapproves the final plat, the applicant may appeal to the council in the manner prescribed in section 84-415.
Certificate of compliance.
Upon final approval of a final plat required by these regulations, the commission shall issue to the person applying for approval a certificate stating that the final plat has been approved by the commission and/or the city council. For purposes of this section, final approval shall not occur until all conditions of approval have been met.
City signatures and recording of final plat.
When an improvement agreement and security are required, the chairman of the commission, or the mayor, if approval has been granted by the council, and the administrator or city engineer shall endorse approval on the final plat after the agreement and security have been approved by the commission, and all the conditions pertaining to the final plat have been satisfied.
When installation of public improvements is required prior to recordation of the final plat, the chairman of the commission or the mayor, if the plat has been approved by the council, and administrator or city engineer shall endorse approval on the final plat after all conditions of approval have been satisfied and all public improvements satisfactorily completed. There shall be written evidence that the required public improvements have been installed in a manner satisfactory to the city as shown by a certificate signed by the city engineer stating that the necessary dedication of public lands and installation of public improvements has been accomplished (see section 84-472).
It shall be the responsibility of the administrator to file the final plat with the county clerk. Simultaneously with the filing of the final plat, the administrator shall record such other agreements of dedication and legal documents as shall be required to be recorded. One copy of the recorded final plat, with street addresses assigned, will be forwarded to the property owner by the administrator.
(Ordinance 1133, § 1(9-800), 3-22-94)
§ 84-411 Conveyance plats.
Purpose.
A conveyance plat may be used solely for the purpose of subdividing land and the recording of same, or recording a single existing lot or parcel created by other means. A conveyance plat may be used to convey the property or interests therein; however, a conveyance plat does not constitute approval for development of the property. A conveyance plat is an interim step in the subdivision and development of land.
Applicability.
A conveyance plat may be used in lieu of a final plat to record the subdivision of property provided that no single lot created is five acres or smaller. A conveyance plat may be used in lieu of a final plat to record the remainder of a tract created by the final platting of a portion of the property provided that the remainder is larger than five acres and is not intended for immediate development.
Application procedure and requirements.
Application requirements.
The property owner shall submit an application, together with other supporting documents and fees, to the administrator for review and subsequent placement on the commissions agenda. Conveyance plats which qualify as minor plats shall be reviewed and acted upon by the administrator in accordance with sections 84-405 and 84-410. A conveyance plat and associated documents shall include all information listed below where applicable:
The boundary lines with accurate distances and bearings and the exact location and width of all existing or recorded streets intersecting the boundary of the tract.
True bearings and distances to the nearest established street lines or official monuments, which shall be accurately described on the plat; municipal, township, county, or section lines accurately tied to the lines of the subdivision or addition by distances and bearings.
An accurate location of the subdivision or addition with reference to the abstract and survey records of the county.
The exact layout including:
Street names (if known or proposed).
The length of all arcs, radii, internal angles, points of curvature, length, and bearings of the tangents.
Easements and rights-of-way (see section 84-411(c)(2)) specifying their provision by dedication or reservation.
All lot numbers and lines with accurate dimensions in feet and hundredths of feet and with bearings and angles to street and alley lines.
The accurate location, material, and approximate size of all monuments and corners, as provided in section 84-407(c)(1).
The accurate outline of all property which is offered for dedication for public use with the purpose indicated thereon.
Proposed name of the subdivision or addition.
Name and address of the property owner.
North point, scale, and date.
Certification by a registered public surveyor to the effect that the plat represents a survey made by him and that all the monuments shown thereon actually exist, and their location, size, and material description are correctly shown.
Additional certificates to properly dedicate easements or rights-of-way as may be necessary.
Boundary survey closure and area calculations.
Construction plans shall not be required except where street, utility and drainage improvements are proposed by the owner. Construction plans, easements, and dedications as appropriate shall be submitted concurrent with the conveyance plat or any subsequent replat. The construction plans, if any, shall be prepared by or under the supervision of a professional engineer registered in the state and shall bear his seal on each sheet.
A certificate of ownership and dedication of all street and alley rights-of-way to public use forever, signed and acknowledged before a notary public by the owner and lien holder of the land along with complete and accurate description of the land subdivided and the streets dedicated where applicable, except as provided in section 84-411(c)(2)c.
All conveyance plats must be titled “conveyance plat” and carry the following wording:
“A conveyance plat is a record of property approved by the City for the purpose of sale or conveyance in its entirety or interests thereon defined. No building permit shall be issued nor permanent public utility service provided until a final plat is approved, filed of record and public improvements accepted in accordance with the provisions of the Unified Development Code of the City of Euless. Selling a portion of this property by metes and bounds, except as shown on an approved, filed and accepted conveyance plat, final plat or replat is a violation of the City Ordinance and State Law.”
Standard for approval.
All tracts, parcels, lots or sites created by a conveyance plat shall have frontage and access to an existing or proposed public street defined on the major thoroughfare plan or an existing standard street meeting city construction standards and accessing the existing city street system.
Conveyance plats must provide for the reservation of future rights-of-way of planned roadways. Right-of-way reservation acknowledges the future obligation to dedicate right-of-way for public thoroughfares and streets specified on the city’s major thoroughfare plan or approved land plan. Reservation of right-of-way does not grant any right or interest in the property to the city of other entity. The final alignment may be adjusted upon final platting in order to meet engineering design standards.
Dedication of right-of-way shall be required where a conveyance plat is used to record the remainder of a tract created by the final platting of a portion of the property. The required right-of-way dedication shall be limited to that which is necessary to provide access to the property proposed for final plat approval and to complete turn lanes, intersections and transitions in road pavement width resulting from development of the property proposed for final plat approval.
Approval procedure.
A conveyance plat meeting all requirements of the city shall be placed on an agenda of the commission. Conveyance plats shall be approved provided they comply with all appropriate ordinances and master plans of the city. The commission shall approve, conditionally approve or deny a conveyance plat no later than 30 days from the date of application. The date of application shall be deemed as the date all submissions are received by the administrator and comply with the requirements of this code. If denied, the commission shall provide a written explanation of the reason for denial. If the commission fails to approve or deny the application within 30 days of the official submission date, the conveyance plat shall be deemed approved. A conveyance plat qualifying as a minor plat shall be reviewed and acted upon by the administrator in accordance with section 84-411(c).
Signing and filing.
After the approval of the conveyance plat by the commission, and the correction of the conveyance plat as required by the commission, the property owner or his engineer shall submit filing fees and the required number of copies for filing to the administrator for filing with the county. Having submitted all copies and fees, the owner may request a delay of filing for up to six months from the date of approval. Any conveyance plat which has not been filed with the county within six months of the date of approval shall be void. Prior to filing with the county the property owner may withdraw and void a conveyance plat. Any conveyance plat withdrawn and/or voided, must be resubmitted under current regulations and procedures and re-approved by the commission and filed with the county. Prior to filing, the chairman of the commission or the administrator shall endorse approval of the conveyance plat.
No final plat processed and approved in association with a conveyance plat shall be filed without the concurrent filing of the associated approved conveyance plat.
Effect.
Conveyance plat approval and acceptance by the city does not relieve the owner from obligations, including fees, required by other sections of this or other ordinances of the city pertaining to the improvement of the property or extension of services as required to make the property suitable for development.
Neither reservation nor dedication of right-of-way shall relieve the property owner from obligations for street construction or assessments associated with public street improvement programs. Easements for access, utilities and drainage may be recorded on conveyance plats.
Final platting requirements.
No building permits shall be issued nor permanent utility service provided for land which has only received approval as a conveyance plat. Notwithstanding the above, the administrator may authorize temporary building permits, temporary occupancy permits, and temporary utility service.
A conveyance plat may be vacated, replatted or superseded in total or in part by a through compliance with the procedures and requirements of this chapter.
(Ordinance 1133, § 1(9-900), 3-22-94)
§ 84-412 Replatting of land.
Replat required.
Unless otherwise expressly provided for herein, a property owner who proposes to replat any portion of an already filed 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 platting of land by these regulations. The administrator may waive or modify requirements for a land plan under circumstances where the previously approved land plan is sufficient to achieve the purposes set for in this article.
Replatting without vacating preceding plat.
A replat of a final plat or portion of a final plat 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, after a public hearing on the matter at which parties in interest and citizens have an opportunity to be heard, by the commission; and
Does not attempt to amend or remove any covenants or restrictions previously incorporated in the final plat.
Additional requirements for certain replats.
In addition to compliance with section 84-412(b) above, a replat without a vacation of the preceding plat must conform to the requirements of this section 84-412(c) if:
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.
Compliance with this subsection (c) is not required for approval of a replat of 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.
Notice of the hearing required under subsection (b) shall be given before the 15th day before the date of the hearing by publication in an official newspaper or a newspaper of general circulation in the county and by written notice, with a copy of subsection (c)(3) attached, forwarded by the commission to the owners, as indicated on the most recently approved ad valorem tax roll of the city, of property in the original subdivision within 200 feet of the property upon which the replat is requested. 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 20 percent or more of the owners to whom notice is required to be given under subsection (b) file with the commission a written protest of the replatting before or at the hearing, approval of the replat will require the affirmative vote of three-fourths of the commission members. In computing percentages of ownership, each lot is considered equal to all other lots regardless of size or number of owners, and the owners of each lot are entitled to cast only one vote per lot. The area of streets and alleys shall be included in computing the percentage of land area.
Any replat which adds or deletes lots must include the original lot boundaries.
(Ordinance 1133, § 1(9-1000), 3-22-94)
§ 84-413 Corrected plats.
Purpose.
The commission may, upon petition of the property owner or developer, approve and issue an amending plat which is signed by the applicants only unless otherwise required to the contrary, and which is for one or more of the purposes set forth in this section, and such approval and issuance shall not require notice, hearing, or approval of other lot owners. This subsection shall apply only if the sole purpose of the amending plat is:
To correct an error in any course or distance shown on the prior plat;
To add any course or distance that was omitted on the prior plat;
To correct an error in the description of the real property shown on the prior plat;
To indicate monuments set after death, disability, or retirement from practice of the surveyor charged with responsibilities for setting monuments;
To show the proper location or character of any monument which has been changed in location or character or which originally was shown at the wrong location or incorrectly as to its character on the prior plat;
To correct any other type of scrivener or clerical error or omission as previously approved by the city; such errors and omissions may include, but are not limited to, lot numbers, acreage, street names, and identification of adjacent recorded plats;
To correct an error in courses and distances of lot lines between two adjacent lots where both lot owners join in the application for plat amendment and neither lot is abolished, provided that such amendment does not attempt to remove recorded covenants or restrictions and does not have a material adverse effect on the property rights of the other owners in the plat;
To relocate a lot line in order to cure an inadvertent encroachment of a building or improvement on a lot line or on an easement;
To make necessary changes to the prior plat to create six or fewer lots in the subdivision or addition or a part of the subdivision or addition covered by the prior plat if:
The changes do not affect applicable zoning and other regulations of the city;
The changes do not attempt to amend or remove any covenants or restrictions; and
The area covered by the changes is located in an area that the commission has approved, after a public hearing, as a residential improvement area.
Procedures.
Amending plats shall be processed using procedures for conveyance plats set forth in this article.
(Ordinance 1133, § 1(9-1100), 3-22-94)
§ 84-414 Plat vacation.
By property owner.
The property owner of the tract covered by a plat may vacate, upon the approval of the commission, 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.
By all lot owners.
If lots in 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 commission shall approve the petition for vacation on such terms and conditions as are reasonable to protect public health, safety and welfare. As a condition of vacation of the plat, the commission may direct the petitioners to prepare a revised final plat in accordance with these regulations.
Effect of action.
On the execution and recording of the vacating instrument, the vacated plat shall have no effect. Regardless of the commission’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 commission.
Government initiated plat vacation.
General conditions.
The commission, on its motion, may vacate the plat of an approved subdivision or addition when:
No lots within the approved plat have been sold within five years from the date that the plat was signed by the chairman of the commission.
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 the property owner or its successor.
The plat has been of record for more than five years and the commission determines that the further sale of lots within the subdivision or addition presents a threat to public health, safety and welfare, except that the vacation shall apply only to lots owned by the property owner or its successors.
Procedure.
Upon any motion of the commission 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 and provide personal notice to all property owners within the subdivision or addition and shall also provide notice to the 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 approve the vacation only if the criteria in section 84-414(d) are satisfied.
Record of notice.
If the commission adopts a resolution vacating a plat in whole, it shall record a copy of the resolution in the county clerk’s office. If the commission adopts a resolution 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.
(Ordinance 1133, § 1(9-1200), 3-22-94)
§ 84-415 Appeals to city council.
The applicant, administrator or member of city council may appeal the decision of the commission with regard to a land plan, preliminary plat, final plat, replat, conveyance plat or variance by filing a notice of appeal in the office of the administrator, no later than ten days after the date on which the commission notifies the applicant of its decision. Such notification may take place by means of an oral ruling by the commission at a public meeting. Written notice of any appeal shall be sent to the property owner. The notice of appeal shall set forth in clear and concise fashion the basis for the appeal. The council shall consider the appeal at a public meeting not later than 45 days after the date on which the notice of appeal is filed. The council may affirm, modify or reverse the decision of the commission and may, where appropriate, remand the plat, land plan, or variance request to the commission for further proceedings consistent with council’s decision.
(Ordinance 1133, § 1(9-1300), 3-22-94)