It is the policy of the city to control the division and development of land in order to promote orderly growth, maintain the general character and protect the health, safety and general welfare of the community. It is also the policy of the city to prevent creation, consolidation or development of lots inconsistent with the intent of this chapter through the division of land or the construction or erection of buildings and structures on the land that are inconsistent with the intent of this chapter.

(Ord. No. 95-04, § 1(200), 2-20-95)

(a)

Required. A person commits an offense if he divides any tract of land into two or more parts, adjusts a lot or tract boundary, consolidates two or more lots or tracts of land, and/or develops land without approval of the appropriate plat and receipt of a permit to develop from the city.

(b)

Application procedures. The developer shall submit an application for the permit on standard forms provided by the city. For purposes of this section, the application for preliminary plat approval (see section 14-55(1)) or application for approval of a boundary line adjustment (see section 14-56(a)) shall be considered an application for a development permit. The permit shall be effective for two years; provided, however, that approval may be automatically extended at one-year intervals if development is occurring in a timely manner.

(Ord. No. 95-04, § 1(200.1), (200.2), 2-20-95)

For the purpose of implementing the standards contained in this chapter, two general types of plats are recognized: plats representing divisions of land and development plats.

(1)

Land division plats. Two types of land division are recognized: subdivision and boundary line adjustment. No transfer of land resulting in a division of the parent tract or the consolidation of lots shall be exempt from the provisions of this article even though the instrument or document of transfer may describe the land so divided by metes and bounds.

a.

Subdivision. A subdivision is any division of any lot, tract or parcel of land by plat, map, deed or description into two or more parts, lots or sites for the purpose, whether immediate or future, of sale, rental or lease, or division of ownership. Dedication and laying out or realigning streets or other public or private accessways shall constitute a subdivision.

b.

Boundary line adjustment. A boundary line adjustment is:

1.

Any division of land into four or fewer lots, if the division is not a subdivision;

2.

Any adjustment in lot or tract boundary line such that the same number of lots or tracts remain after the boundary line change; or

3.

Any consolidation of lots or tracts of land.

(2)

Development plats. A development, for purposes of platting, is the new construction or the enlargement of any exterior dimension of any building, structure or improvement. Any person who proposes the development of a tract of land located within the city limits or in the extraterritorial jurisdiction of the city must have a development plat of the tract prepared and approved by the city according to the procedures established in this article and the standards contained in this chapter; provided, however, that a development plat is not required where the following conditions exist:

a.

Where a subdivision or boundary line adjustment plat is required;

b.

Where the development consists solely on construction of a single-family residential structure;

c.

Where a building permit has been issued by the city according to this chapter and the adopted construction codes of the city (see section 14-34).

(3)

Platting procedures. Subdivision plats shall by governed by the platting procedures established in section 14-55. Boundary line adjustments and development plats shall be governed by procedures established in section 14-56.

(Ord. No. 95-04, § 1(201), 2-20-95)

(a)

It shall be unlawful for any reason to subdivide any tract, lot or parcel of land within the city or its extraterritorial jurisdiction that has not been platted as required by this chapter.

(b)

No map or plat of any division of land within the city or its extraterritorial jurisdiction shall be filed or recorded until authorized by the city.

(c)

The city shall not maintain streets, furnish water or sewer service, assign street numbers, or issue building permits for construction of any building for any property in any development or subdivision or on any lot or tract of land modified by boundary line adjustment not platted or approved in accordance with this chapter.

(d)

The provisions of this article shall not apply to any subdivision, recorded or unrecorded, that was in existence prior to March 15, 1976, nor to any lot of such subdivision, the last recorded conveyance of which was prior to March 15, 1976.

(e)

Where a plat has been approved according to the provisions of the chapter and, subsequently, the provisions are amended, the standards applicable at the time of approval of the plat by the city shall take precedence.

(Ord. No. 95-04, § 1(202), 2-20-95)

The developer shall submit plats and related documents in the order as specified in this section in obtaining approval of the development or subdivision of land. The city council shall approve all preliminary plats, variance requests and final plats upon receiving a recommendation from the planning and zoning commission.

(1)

Preliminary plat,

a.

Application; fees.

1.

The developer shall submit an application on forms provided by the city for approval of a preliminary plat.

2.

The developer shall submit the preliminary plat documents to the city for review at least 20 days before a regularly scheduled meeting of the planning and zoning commission.

3.

Each application shall be accompanied by the payment of a fee in accordance with the duly adopted schedule of fees to cover the costs of processing the application.

4.

The developer shall submit 20 direct prints of the preliminary plat for review by the city. Where a variance is requested, the developer shall submit a written petition for a variance in conjunction with the required preliminary plat (see section 14-10).

5.

The developer shall submit a certificate or letter from a title guaranty company or from an attorney duly licensed to practice law in the state, certifying to the following concerning title of the land:

i.

A statement of records examined and date of examination;

ii.

A description of the property, or parent tract by metes and bounds;

iii.

Name of the fee owners as of the date of examination and the date, clerk's file number and/or volume and page or other recording data of the recording of the deed;

iv.

The name of any lienholder, together with the date of filing and volume and page and/or clerk's file number of such lien; and

v.

A general description of any easements or fee strips granted, along with the clerk's file number, date of filing and/or volume and page or file number of recording.

b.

Form.

1.

The preliminary plat shall be considered a master development plan and shall cover the entire tract proposed for immediate or future development.

2.

The preliminary plat shall provide the following (see also section 14-60):

i.

Proposed name of development and title under which the plat will be recorded;

ii.

A description of the proposed development;

iii.

Boundary lines (in heavy bold lines) with approximate dimensions and bearings of the development;

iv.

The location and width of all existing public streets and rights-of-way adjacent to or within the development;

v.

Existing easements on or adjacent to the property showing locations, width and purpose;

vi.

Location and size of all existing water, sanitary sewer and drainage facilities;

vii.

Total acreage, designated land uses, density and maximum dwelling units per lot;

viii.

Estimated traffic impact of the development;

ix.

Topographic features (two-foot contours);

x.

Existing watercourses, floodplains and storm drainage, and the areas subject to flooding based on the regulatory floodplain maps (see article IX of this chapter);

xi.

Sequence of phased development (if applicable) and a tentative timetable for development;

xii.

Adjacent property owners (referenced by deed on the plat) and adjacent boundaries (in dashed lines);

xiii.

Date of preparation, scale of plat and north arrow for all maps;

xiv.

A location map showing relation of the subject property to major streets in all directions to a distance of at least one mile;

xv.

The location of proposed streets designated according to design standards (see article VII of this chapter);

xvi.

Proposed layout and capacities of public utilities; and

xvii.

A title block containing the date, scale, north arrow, title under which the plat is to be recorded, number of lots and blocks, name of the owner, engineer (if required) and surveyor.

c.

Action of the city.

1.

Within 30 days of receipt of the preliminary plat by the city, the commission shall submit a recommendation to city council to approve, conditionally approve with modifications, or disapprove the plat. Within 30 days of the commission's action, the city council shall approve, conditionally approve with modifications or disapprove the plat. The plat shall not be finally approved, or conditionally approved, unless approved by both the commission and the city council.

2.

Approval of the preliminary plat shall be deemed approval of the development as a guide for submittal of final plats.

3.

Approval shall be effective for one year; provided, however, that the city council may, upon application from the developer and upon a recommendation from the commission, extend such period for one-year intervals.

4.

If the preliminary plat is disapproved or conditionally approved with modifications, it may be resubmitted to the city for consideration without fee.

d.

Upon approval of the preliminary plat, the developer shall submit one mylar (four mil) reproducible of the plat to the city.

(2)

The final plat.

a.

Application and approval process.

1.

The developer shall submit an application on forms provided by the city, for approval of a final plat of the proposed development to the city.

2.

The developer shall submit the final plat documents to the city for review at least 20 days before a regularly scheduled meeting of the planning and zoning commission.

3.

The plat may be presented for approval at the same time the preliminary plat is presented.

4.

Each application shall be accompanied by the payment of a fee in accordance with the duly adopted schedule of fees to cover the costs of processing the application.

5.

The developer shall submit 20 direct prints of the plat.

6.

The final plat application package shall consist of the following:

i.

A final plat (see subsection (2)a.2 of this section for details.

ii.

A utility layout plan (see section 14-206(d)(1)).

iii.

Sanitary sewer and water construction plans (see section 14-206(d)).

iv.

Storm drainage construction plans (see sections 14-221(d) and 14-206(d)(2)).

v.

Street construction plans (see section 14-171(d)).

vi.

Grading and excavation plans (see section 14-171(d)).

vii.

A design summary (see sections 14-171(d)(3) and 14-206(d)(3)).

b.

Form.

1.

The final plat and application shall be in substantial compliance with the approved preliminary plat but shall not show construction features, cross section, public utility lines or other structures not involved in the title covenant.

2.

The final plat shall show:

i.

Name of the development;

ii.

The name and address of the owner of the land, the name and address of the developer and the name and address of the licensed public surveyor;

iii.

The date of preparation of the plat and north arrow and scale;

iv.

Key or location map showing location of the development;

v.

The entire subdivision, tract, parcel or section thereof, that is proposed for immediate development at a recognized engineering scale;

vi.

An accurate legal description of the property and designation of monuments placed on the ground;

vii.

The total acres, total number of lots created, density and the maximum dwelling units per lot;

viii.

The names of all adjacent subdivisions and the names, locations and widths of all existing and proposed streets, easements, drainageways and other public ways, within or adjacent to the property;

ix.

The boundary of the platted area, block boundary, street and other right-of-way lines with distances, angles and/or bearings, and, where these lines follow a curve, geometric data;

x.

The accurate dimensions of all property to be offered for dedication for public use, and all property owners within the development, with purposes indicated;

xi.

The dimensions of all lots and lot lines, and the bearings of those lot lines along with setbacks and/or other building lines;

xii.

All easements denoted by fine dashed lines, clearly identified, and if already on record, the recorded reference of such easements; the width of the easement with sufficient ties to locate it definitely with respect to the corners of the lot, tract or subdivision must also be shown;

xiii.

Any easements located outside of the boundaries of the plat, required for plat approval;

xiv.

All blocks consecutively numbered, and all lots within each block consecutively numbered;

xv.

A certificate of ownership and dedication;

xvi.

A certificate with a seal by a registered public surveyor that all details of the plat are correct;

xvii.

Spaces for certifications by the mayor, chairman of the planning commission, city engineer, director of public works, county clerk, county engineer, and of the county flood control district (when appropriate);

xviii.

All approved variances to the plat and the date of the city council meeting at which the variances were approved;

xix.

Any other information as may be necessary for the full and proper consideration of the proposed subdivision.

c.

Action of the city.

1.

Within 30 days of receipt of the final plat by the city, the commission shall submit a recommendation to the city council to approve, conditionally approve or disapprove the plat. Within 20 days of the commission's action, the city council shall approve, conditionally approve or disapprove the plat. No changes, erasures, modifications or revisions shall be made in any plat or to any required instrument after approval has been given by the city council and endorsed on the plat in writing, unless such change, modification or revision is first submitted to and approved by the city.

2.

The city shall conditionally approve a final plat if it substantially conforms to the approved preliminary plat. Conditional approval of a final plat shall be deemed approval of the plat subject to:

i.

The developer's construction and the city's acceptance of required public improvements; or

ii.

The developer giving assurances approved by the city that guarantee construction of the required improvements. The value of such assurances shall be based on an estimate of the cost to construct all public improvements, as determined by the developer's engineer and approved by the city. Assurances shall take the form of performance and payment bonds, cash deposits, certificates of deposit in the name of the city, irrevocable letters of credit, or other forms as may be approved by the city.

3.

Upon approval of the final plat, the developer shall submit two prints and two mylar copies of the approved plat, all other instruments that may be required to be recorded, a certificate or letter from a title or guarantee company or attorney as described in section 14-55(1)a.4, and tax certificates indicating that all taxes have been paid for prior and current years to the city. All mylar copies shall bear original signatures.

4.

The city shall record a copy of the approved final plat at the office of the county clerk when:

i.

The developer constructs all the required improvements and the city approves such improvements; or

ii.

The developer files assurances approved by the city that guarantee construction of the required improvements.

5.

If a final plat is disapproved or approved with conditions, it may be resubmitted to the city for reconsideration without a fee.

6.

Where a final plat has not been filed for record and no public improvements have been completed or substantially completed within 12 months of the approval or conditional approval of the subdivision plat, the plat shall be reviewed by the commission to determine the developer's intent to proceed. If the commission finds that the developer does not intend to proceed with the development, the commission shall transmit to city council a request to withdraw approval of the plat. Upon receiving the recommendation of the commission, the council may withdraw approval of the final plat or extend approval for up to one additional year.

(Ord. No. 95-04, § 1(203), 2-20-95)

(a)

Application and approval process. The developer shall submit a plat application on a form provided by the city for approval of the proposed boundary line adjustment or development plat. Each application shall be accompanied by the payment of a fee in accordance with the duly adopted schedule of fees to cover the costs of processing the application.

(b)

Form. The plat shall show:

(1)

The name of the development, name and address of the owner of the lots affected by the plat, and the name and address of the developer if different than the owner;

(2)

The lot or lots drawn at a recognized engineering scale;

(3)

Boundary lines with dimensions and bearings of all lots;

(4)

The date of preparation of the plat; location map, north arrow and scale;

(5)

The layout, dimensions and bearings of all lots created;

(6)

Building setback lines;

(7)

Any existing or proposed building, structure or improvement or proposed modification of external configuration of the building, structure or improvement involving a change of the building, structure or improvement or significant topographical features;

(8)

The size of each lot;

(9)

Existing and proposed easements and rights-of-way, within or abutting the boundaries of the surveyed property showing type, location, filing data, and size;

(10)

The dimensions of each street, easement, sidewalk, alley, square, park, or other part of the property existing or intended to be dedicated to public use or for the use of purchasers or owners of lots fronting on or adjacent to the street, easement, sidewalk, alley, square, park or other part;

(11)

An accurate legal description of the property, designation of monuments placed on the ground and a certificate with a seal by a registered public surveyor that all details of the plat are correct;

(12)

Spaces for certifications by the city manager, director of public works, county clerk, county engineer, and of the county flood control district (when appropriate);

(13)

A certificate of ownership and dedication; and

(14)

Any other information as may be necessary for the full and proper consideration of the plat.

(c)

Action of city. Where the plat meets the standards of this chapter, the city shall approve it within 30 days of receipt of the plat. Approval by the city shall be evidenced by the signing of the plats by the city manager and director of public works. Where, for any reason, the plat cannot be approved, the plat shall be processed according to the standard review and approval process defined for a final plat (see section 14-55(2). Upon approval of the plat, the developer shall submit two prints and two mylar copies of the approved plat, all other instruments that may be required to be recorded, a certificate or letter from a title or guarantee company or attorney as described in section 14-55(1), and tax certificates indicating that all taxes have been paid for prior and current years to the city. All mylar copies shall bear original signatures. The city shall record a copy of the approved plat at the office of the county clerk when all requirements as defined in this section have been met by the developer.

(Ord. No. 95-04, § 1(204), 2-20-95; Ord. No. 99-17, § 3, 8-16-99)

Upon approval of a plat by the city, the city shall issue to the developer a certificate (development permit) stating that the plat has been reviewed and approved by the city. Water, sewer, electricity, gas or any other public utility service shall not be connected or provided for service until such time as the public utility is provided a copy of the certificate of compliance with plat requirements. On written request of an owner of land, or any entity that provides public utility service the city council, or the planning and zoning commission shall determine the following regarding a specific tract of land:

(1)

Whether a plat is required for the land; and

(2)

If a plat is required, whether it has been prepared and whether it has been reviewed and approved by the city.

Where the city determines that a plat is not required, the city shall issue to the requesting party a written certification of that determination. If the city determines that a plat has been prepared and has been reviewed and approved, the city shall issue to the requesting party a written certification of that determination. Requests for determination of compliance shall be acted upon by the city within 20 days of a written request for such action.

(Ord. No. 95-04, § 1(205), 2-20-95)

The developer shall provide the city a copy of all deed restrictions, declarations, covenants, maintenance agreements and any other requirements placed upon the lots. Such instruments shall be filed with the county clerk. The plat shall reflect the volume and page where such instruments are recorded.

(Ord. No. 95-04, § 1(206), 2-20-95)

Plats may be vacated, replatted or amended according to the procedures established by V.T.C.A., Local Government Code ch. 212.

(Ord. No. 95-04, § 1(207), 2-20-95)

(a)

Format. The developer shall submit all plats on sheets 24 inches by 36 inches. A binding margin shall be provided of not less than 1½ inches on the left side of the sheet and margins not less than one-half inch on the other three sides. If the size of the development is such that the full area cannot be covered on a single sheet with space for titles and other required identification, the developer shall draw the plats on a number of separate sheets with matching lines to facilitate joining them together as a continuous composite plat. If more than one sheet is necessary to accommodate the entire tract proposed for development, the developer shall furnish an index map showing the entire tract. The developer shall indicate each portion of the development on the index map. If more than one sheet is so used, the developer shall submit photographic reductions of the various sheets reduced in scale and joined together to form a single overall composite of the plat on a sheet of high quality drafting film (four mils) 24 inches by 36 inches.

(b)

Certification and dedication. Forms for certification and dedication shall be placed on the plat, as appropriate, as shown in examples 14-1 through 14-5.

(Ord. No. 95-04, § 1(208), 2-20-95)

(a)

Adoption of Texas Coordinate System. Pursuant to V.T.C.A., Natural Resources Code § 21.071 et seq., the city hereby adopts a standard system of coordinates and elevations based upon the National Oceanic and Atmospheric Administration (formerly known as United States Coast and Geodetic Survey) data known as the Texas Coordinate System. Such standard system includes monumented control points, called survey markers in this chapter, large scale aerial photographs and city maps of engineering quality.

(b)

Approval of plats. The developer shall base all plats required by this chapter upon a survey upon the ground which must be tied to any survey marker which is located within 2,000 feet of the nearest boundary line or corner of the tract of land shown on such plat; provided, however, that if such tract of land shown on such plat is located farther than 2,000 feet from the nearest survey marker, but such tract is a part of a larger parcel of land in the same ownership, the nearest boundary line or corner of which is located within 2,000 feet of a survey marker, and which larger parcel is being developed and/or subdivided in sections, then the city shall require that the survey, upon which the tendered plat is based, is tied to the nearest survey marker.

(c)

Surveying standards.

(1)

The developer shall monument all new streets and land partitions in accordance with the standards of this chapter and the Texas Surveyor's Association "Manual of Practice of Land Surveying in Texas."

(2)

Any monument shown in city records, existing as shown, is acceptable as "found."

(3)

Any record monument, existing as described by record, (i.e. by deed, surveyor's field notes, etc.), is acceptable as "found."

(4)

All monuments should be marked with a registered professional land surveyor (RPLS) number on brass, aluminum or plastic cap set into the top of the monument.

(5)

The maximum distance between monuments on any property line shall be 700 feet.

(6)

All monuments set shall be of a ferrous material or shall contain a permanent magnet to permit location of the monument with a dip needle or any other type magnetic locator.

(d)

Subdivision boundary monuments.

(1)

Subdivision boundary corners shall be marked with concrete monuments at least three inches by three inches by two feet or three inches diameter by two feet. Monuments shall be set approximately flush with the natural ground and must be capped with a brass, aluminum or plastic cap bearing the RPLS number of the surveyor certifying the plat.

(2)

All subdivision block corners shall be monumented in the same manner as boundary corners.

(3)

Monuments shall be set at any changes in the line of the survey.

(4)

All monuments shall be set before the final plat is approved by the city.

(5)

Monuments shall be left exposed for field inspection by the city.

(e)

Lot monuments. Markers or tags may be set in the curb on prolongations of lot lines in addition to the required lot corners. Lot corners shall be monumented with one-half-inch by 18-inch (minimum) iron rods, one-half-inch by 18-inch (minimum) galvanized iron pipe, or any other acceptable monument having prior approval by the city.

(f)

Certification. The city shall not file a plat for permanent record, or accept new street construction or other public improvements until the developer causes all required monuments to be installed, and such installation is certified on the final plat by a land surveyor registered in the state.

(Ord. No. 95-04, § 1(209), 2-20-95)

STATE OF TEXAS

COUNTY OF ___________

I(We), the undersigned, owner(s) of the land shown on this plat, and designated as the (subdivision) (development) in (the City of Jersey Village) Harris County, Texas, and whose name is subscribed hereto, hereby dedicate to the use of the public forever all streets, parks, watercourses, drains, easements and public places thereon shown for the purpose and consideration therein expressed.

     (Signature)     
Name to be printed

(Addition to above when private streets or emergency access easements are provided).

FURTHER, I (or we) do hereby covenant and agree that those private streets or emergency access easements located within the boundaries of this plat shall be hereby established and maintained by the owners, their heirs, and assigns to the property located within the boundaries of this plat and to the public for firefighters, firefighting equipment, police and other emergency vehicles of whatever nature and for access to the public utility system contained herein.

Note: All signatures shall be acknowledged by a notary public.

(Ord. No. 95-04, § 1(ex. 2-1), 2-20-95)

(NOTE: Holders of all liens against the property being platted must be made a part of the first plat or prepared as separate instrument which shall be filed for record with the plat).

I (or we), (name of mortgagee or names of mortgagees), owner(s) and holder(s) of a lien(s) against the property described in the plat known as ___________, said lien(s) being evidenced by instrument of record in Volume _____, page _____, of the Mortgage Records of Harris County, Texas, do hereby in all things subordinate to said plat said lien(s), and I (we) hereby confirm that I am (we are) the present owner(s) of said lien(s) and have not assigned the same nor any part thereof.

NOTE: All signatures shall be acknowledged by a notary public.

(Ord. No. 95-04, § 1(ex. 2-2), 2-20-95)

STATE OF TEXAS

COUNTY OF HARRIS

I, ___________, Engineer No. _____ registered in the State of Texas, hereby certify that proper engineering consideration has been given this plat in regard to design, construction and layout of public improvements.

_____
Engineer Registered in the State of Texas

(ENGINEER'S SEAL)

CERTIFICATION BY THE SURVEYOR

STATE OF TEXAS

COUNTY OF HARRIS

I, ___________, Registered Public Surveyor No. _____ in the State of Texas, hereby, certify that this plat is true and correct and was prepared from an actual survey of the property made under my supervision on the ground.

_____
Registered Public Surveyor

(SURVEYOR'S SEAL)

(Ord. No. 95-04, § 1(ex. 2-3), 2-20-95)

I, the undersigned, (city manager) (director of public works) of the City of Jersey Village, Texas, certify that the plat conforms to the city comprehensive plan, and all applicable design criteria and standards of the City of Jersey Village, Texas.

Dated this _____ day of ___________, 19 ___.

CERTIFICATION BY THE CITY ENGINEER

STATE OF TEXAS

COUNTY OF HARRIS

I, the undersigned, an engineer registered in the State of Texas, hereby certify that the plat conforms to all applicable engineering standards and design criteria of the City of Jersey Village, Texas.

Dated this _____ day of ___________, 19 ___.

_____
City Engineer

(CITY ENGINEER'S SEAL)

APPROVAL OF THE COUNCIL AND PLANNING COMMISSION

This plat has been submitted to and considered by the City of Jersey Village, Texas, with respect to the platting of the land and is hereby approved.

Dated this _____ day of ___________, 19 ___.

(Ord. No. 95-04, § 1(ex. 2-4), 2-20-95)

STATE OF TEXAS

COUNTY OF HARRIS

I, ___________, county clerk in and for said county, do hereby certify that this plat, together with its certificates of authentication was filed for record in my office the _____ day of ___________, 19 ___, in the Deed Records of Harris County in Volume _____, Page _____.

_____
County Clerk, Harris County, Texas

(SEAL)

NOTARY PUBLIC ACKNOWLEDGEMENT

STATE OF TEXAS

COUNTY OF ___________

This instrument was acknowledged before me on the _____ day of ___________, 19 ___ by _____ .

(Ord. No. 95-04, § 1(ex. 2-5), 2-20-95)

I, ___________, Executive of Harris County Flood Control District, Harris County, Texas, do hereby certify that the plat of this subdivision complies with requirements for internal subdivision drainage as adopted by Commissioner's Court; however, no certification is hereby given as to the effects of drainage from this subdivision on the intercepting drainage artery or parent stream or on any other area or subdivision within the watershed.

_____
(Director's Name)
Executive Director

(Ord. No. 95-04, § 1(ex. 2-6), 2-20-95)