The creation of a remainder of a tract caused by the platting of a portion of that tract, provided that the remainder of the tract is larger than 20 acres does not require platting.

A variance will not be granted unless undue hardship will result from requiring strict compliance with this Code. In granting a variance, the Board shall prescribe only conditions that it deems necessary or desirable to the public interest, health, safety, convenience, and welfare of the city. A variance shall not be granted unless there exists a special circumstance or unique condition affecting the land involved so that the strict application of the provisions of this Article would deprive the landowner of substantial property right or reasonable use of the land, and the variance would not be detrimental to the public health, safety, welfare and convenience, nor would be injurious to other property in the area.

Financial hardship alone is not sufficient for a variance.

All matters pertaining to the interpretation or enforcement of rules and regulations expressed in this Article shall be decided by the City Manager. The decision of the City Manager may be appealed to the Planning and Zoning Board upon written notice by any of the parties involved.

Planning and Zoning Board decisions, including granting of variances, may be appealed to the City Council upon written notice by any party.

Written notice of appeal shall be filed with the City Manager not later than ten calendar days from the date of subject decision so that the item may be placed on the agenda for the next available Planning and Zoning Board or City Council meeting, as applicable.

Listen to testimony from expert engineers;

Consider best practices; and

Make a finding that overturning the City Manager's decision will not be detrimental to the public health, safety, welfare and convenience, nor would be injurious to other property in the area.

Amending plats described by Section 212 of the Texas Local Government Code;

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

A replat pursuant to Section 212.0145 of the Texas Local Government Code that does not require the creation of any new street or the extension of municipal facilities.

The subdivision is a resubdivision of lots previously platted and filed of record in plat records in Gregg or Rusk County, Texas; or

All proposed lots of the subdivision abut an existing street of adequate width such that no additional right-of-way is required; and in either case, no construction of public streets, alleys, storm sewers, sanitary sewers, or water mains is required within or for extension to the subdivision; or

The developer first secures written permission from the City Manager to waive the preliminary plat.

Subdivision applications are only received by the city on the dates shown on the application calendar.

Once a complete application is received, city staff will review the application for compliance with all applicable criteria.

All deficiencies in the plat submittal shall be listed in a plan review comment letter that shall be provided to the applicant and to the Planning and Zoning Board.

Deficient plat submittals shall be referred to the Planning and Zoning Board for disapproval at the Planning and Zoning Board's meeting date shown on the application calendar.

The Planning and Zoning Board shall consider all plat applications referred to them and take action to approve, approve with conditions, or deny.

If a plat submittal is denied, the applicant shall resubmit the plat to address and correct all deficiencies on an approved resubmittal date as shown on the application calendar.

Upon resubmittal, the application shall follow steps subsection (ii) through (v) above.

Approval of the preliminary plat does not constitute acceptance of the subdivision, but only constitutes authority to proceed with the preparation of Subdivision Improvement Plans, followed by the final plat.

Preliminary plats shall not be recorded in the real property records of Gregg County or Rusk County.

Scale at least one hundred feet to the inch or larger (100' = 1").

Orientation of the plat so that north is to the top or left-hand side of the sheet.

Sheet Size not to exceed 24" x 36".

Preliminary plat layout prepared by a registered engineer or surveyor including all of the information required in this application, one copy of plat in digital AutoCAD format (Drawing file.dwg) or a Geographic Information System (GIS) shapefile, and one copy as an electronic PDF file.

Original tax certificate, as required by state law.

Title block including the name of the subdivision owner or owners, and licensed land surveyor responsible for the plat, the scale and location of the subdivision with reference to original land grants or surveys, the date, and north point shall be located in the lower, right-hand corner of the plat.

The heading should be "Preliminary Plat"; contain the project name (subdivision name, lot and block designations); and the jurisdiction (City and County) where it is located. For un-platted land, include gross acreage; city, county and state name; survey and abstract name.

Preliminary plats that are also replats shall utilize the same subdivision name and shall reference subdivision name and recording information of the original plat in the title block. List the subdivision name, lot and block designations of property being replatted, and the recording information of the preceding plat (Document number, Volume & Page, or Cabinet & Slide).

Clearly differentiate between proposed and existing. Specifically, show proposed property boundaries and lot lines in a black, solid line, and show existing lot lines that will remain as grey lines, and proposed lot line(s) to be removed as dashed grey lines.

All property owners within the depicted plat boundary must be signatories on the plat application and provide a letter of authorization.

Show the title, north point, direction of prevailing breeze, scale, and date.

Provide the metes and bounds legal description for the subdivision boundary. Calls and monumentation shall match preliminary plat graphic.

Include a vicinity sketch or key map at a scale of no more than 400 feet to the inch which shows all existing subdivisions, streets, and tracts of acreage in the area.

Provide the names, addresses, and telephone numbers of all of the owners, the subdivider, and the professional engineer or registered surveyor who prepared the preliminary plat.

Show and label city limit lines, county limit lines, and/or survey (abstract) lines, if applicable.

For property boundary lines, provide distances (to nearest hundredth of a foot) and bearings (to nearest second). For property boundary curves, provide curve lengths, curve radii, and chord lengths (to nearest hundredth of a foot), and internal angle and chord bearing (to nearest second).

Show point of beginning tied to abstract corner if not previously platted, or to subdivision corner if platted. Indicate on graphic and/or in legal description.

Provide the location and names of existing streets and any blocks, lots, alleys, easements, building lines, and watercourses or other natural features in the area affected, with principal dimensions, and all significant information, including ownership of the property and the property immediately adjacent or across boundary street on all sides for a distance of not less than 200 feet.

Show the location of any existing sewers, water, and gas mains and other public utility.

Label zoning district designation of the tract and the sites adjacent to the proposed tract to be subdivided.

Identify 100-year floodplain and floodway limits.

Show contours of not more than five-foot intervals.

Provide a table of proposed total number of lots, typical lot size, and overall net density of residential dwelling units.

Provide a proposed land use table with total site data including the total acreage, ROW dedication, land use by lot, and total acreage of open space.

Show the proposed schedule of development for the proposed subdivision with phasing plans. For preliminary plats with multiple phases, each phase of the development must meet the access requirements and other infrastructure design requirements as described in the Engineering Design Manual.

Provide the proposed plan of subdivision showing streets, blocks, lots, alleys, easements, building lines, parks, open space, etc., with principal dimensions. The preliminary plat shall cover all the tracts intended to be developed, at any time, even if it is intended by the developer or developers to file final plats and install improvements for parts of the tract by sections or units.

Label lot area in acres and square feet for non-single-family residential development. For single-family residential development, label lot area in square feet only.

Show the name of proposed streets when new streets for public use are involved. Such names shall conform to the existing streets of which they may be or become extensions or otherwise shall not duplicate or conflict with the recognized name of any other street located in the city.

Show the proposed general plan for stormwater drainage sufficiently detailed to indicate the location of drainage ditches or structures, the ultimate destination of water, possible storm sewer connections, and the direction of flow with arrows.

Show the proposed location and dimensions of all sidewalks and/or walkways/bikeways.

Show the proposed location and size of water, sanitary waste, and storm drainage facilities.

Provide the location and dimension of any buried organic debris which results from clearing the site and construction of the proposed development. This provision shall not authorize burial of inorganic debris, such as construction debris or other solid wastes. Debris shall only be disposed of according to the regulations of the Texas Commission on Environmental Quality, or such other authorized agency.

Subdivision applications are only received by the city on the dates shown on the application calendar.

Once a complete application is received, city staff will review the application for compliance with all applicable criteria.

All deficiencies in the plat submittal shall be listed in a plan review comment letter that shall be provided to the applicant and to the Planning & Zoning Board.

Deficient plat submittals shall be referred to the Planning & Zoning Board for disapproval at the Planning & Zoning Board's meeting date shown on the application calendar.

The Planning & Zoning Board shall consider all plat applications referred to them and take action to approve, approve with conditions or deny.

If a plat submittal is denied the applicant shall resubmit the plat to address and correct all deficiencies on an approved resubmittal date as shown on the application calendar.

Upon resubmittal, the application shall follow steps subsections (ii) through (v) above.

Approval of the final plat does not constitute acceptance of the subdivision.

Final plats may not be recorded until the associated subdivision improvements have been constructed and accepted by the city, or a performance bond executed by a corporate surety licensed to do business in the State of Texas has been issued to the city in an amount equal to the cost, as certified by the design engineer and approved by the City Manager, of the uncompleted and unaccepted improvements provided that the improvements will be completed within two years from the date of final plat approval.

Scale at least one hundred feet to the inch or larger (100' = 1").

Orientation of the plat so that north is to the top or left-hand side of the sheet.

Sheet Size not to exceed 24" x 36".

Final plat layout prepared by a registered engineer or surveyor including all of the information required in this application, one copy of plat in digital AutoCAD format (Drawing file.dwg) or a Geographic Information System (GIS) shapefile, and one copy as an electronic PDF file.

A title block including the name of the subdivision owner or owners, and licensed land surveyor responsible for the plat, the scale and location of the subdivision with reference to original land grants or surveys, the date, and north point shall be located in the lower, right-hand corner of the plat.

The heading should be "Final Plat"; contain the project name (subdivision name, lot and block designations); and the jurisdiction (City and County) where it is located. For un-platted land, include gross acreage; city, county and state name; survey and abstract name.

An accurate on-the-ground survey of the property with bearings and distances showing building lines and the lines of all streets, alleys, and lots in the subdivision and adjacent land, streets, and alleys with their names and width (streets, alleys, and lot lines in adjacent subdivisions shall be shown dotted). All necessary data to reproduce the plat on the ground must be shown on the plat, including all permanent monuments and control points. Control points and monumentation guidelines:

Signature blocks, which are official certificates of approval, signed by the appropriate authorities:

Streets designed per the requirements in the Engineering Design Manual (EDM).

Concrete or approved equal monuments, six inches in diameter, four inches long, shall be placed on all corners of subdivision boundary lines, curve points, angle points and block corners.

An iron pin, or approved equal, one-fourth of an inch in diameter embedded at least six inches in the monument shall be put in the monument at the exact intersection point. The monuments shall be set at such an elevation that they will not be disturbed during construction and the top of the monument shall not be more than six inches below the natural ground after contemplated improvements are completed.

The corners of each lot shall be located and identified by an iron pipe one-half of an inch or three-fourths of an inch in diameter, and 16 inches long driven into the ground.

The final plat submitted to the Planning and Zoning Board and to be filed for record with the county clerk shall not show the construction features such as curblines or public utility lines or other structures not involved in the title covenant.

Plats with proposed public improvements shall meet the requirements of the City of Kilgore's Engineering Design Manual and the requirements in this Article.

In addition to the plat drawing to be recorded, the final plat shall include (if applicable) a water/sewer utility plan, traffic impact assessment, drainage study/flood study, TXDOT conditional approval of required access, and other entity approvals as described in the city's Engineering Design Manual.

Subdivision related applications are only received by the city on the dates shown on the application calendar.

Once a complete application is received, city staff will review the application for compliance with all applicable criteria.

All deficiencies in the improvement plans submittal shall be listed in a plan review comment letter that shall be provided to the applicant.

The applicant shall resubmit the subdivision improvement plans to address and correct all deficiencies on an approved resubmittal date as shown on the application calendar.

Upon resubmittal, the application shall follow steps subsection (ii) through (iv) above if the resubmitted plans are still deficient. If the resubmitted plans meet all applicable approval criteria, the plans shall be administratively approved.

Approval of the subdivision improvement plans does not constitute acceptance of the subdivision, but only constitutes authority to proceed with the scheduling of a pre-construction meeting.

Upon approval of the subdivision improvement plans, the applicant shall schedule a pre-construction meeting with the city prior to commencing any construction activity.

Following the pre-construction meeting, the applicant may begin construction of the scope of work contained in the approved subdivision improvement plans and shall schedule all necessary city inspections throughout the construction process.

Upon completion of all work and passage of all required city inspections, the applicant may request city acceptance of the subdivision improvements for operations and maintenance. Prior to scheduling the subdivision improvements for acceptance by the City Council, the applicant must provide the following to the city:

In lieu of actual completion of such improvements, the subdivider may file with the City Council a surety bond from a bonding company authorized to do business in this state, to secure to the city the construction of such improvements in a manner satisfactory to the Council and to a permanent line and grade in accordance with standard specifications of the city or good engineering practice (if specifications are not available) within two years from approval of the subdivision improvement plans. Such bond shall be in the amount made with surety and conditions satisfactory to the City Council. Whenever no lots have been sold, the subdivider may vacate the plat, and the bond will be returned to the subdivider.

The developer shall bear full cost of all drainage structures including inlets, culverts, storm sewers, manholes, and subdrains required to carry storm drainage or groundwater on or across the property regardless of its origin. The city may choose to participate in the cost of drainage improvements. Participation must be approved individually on the merits of the work and the availability of funds by the city council.

Curb and gutter on all streets shall meet the city's specifications as set forth in the Engineering Design Manual and set to proper line and grade with other necessary drainage and drainage structures to properly drain the area.

Pavement and width on all streets shall meet all requirements as defined in the Engineering Design Manual.

Provide and install, at developer's expense, a complete system of city-approved water mains of adequate size, together with suitable water connections for each lot and appropriate surface location indicators, fire hydrants, fittings, etc., as defined in the Engineering Design Manual. The city shall be notified on construction initiation three days prior to such initiation and inspect the construction to ensure conformance to city standards. The water connections or taps shall be made only in the presence of the City Manager and approved by them. All service lines shall be in accordance with the city's Engineering Design Manual.

The size of mains, spacing of fire hydrants, valves, etc., shall be in accordance with the city's Engineering Design Manual and shall conform to the requirements of the state Fire Insurance Commission, the Texas Department of Health Services and the Texas Commission on Environmental Quality.

Provide and install, at developer's expense, a complete system of sanitary sewers of adequate size, together with suitable sewer connections for each lot and appropriate surface location indicators, and also together with standard manholes all subject to the guidelines defined in the city's Engineering Design Manual. Sewer pipe materials and pipe and joint specifications shall also be in accordance with the guidelines defined in the city's Engineering Design Manual. The city shall determine the type of pipe material to be used in each subdivision project according to soil conditions. More than one type of pipe may be required as per the Engineering Design Manual. The city shall be notified of construction initiation three days prior to such initiation and inspect the construction to ensure conformance to city standards. The sewer connections or taps shall be made only in the presence of the City Manager and approved by them.

The sewer mains shall be constructed in accordance with the Engineering Design Manual and in accordance with all requirements of the Texas Commission on Environmental Quality.

Provide and install, at developer's expense, a complete system of city-approved drainage facilities. Drainage facilities shall be designed and constructed to adequately serve the development and the contributing drainage area for the development. All drainage facilities shall be constructed in accordance with the city's Engineering Design Manual and all requirements of the Environmental Protection Agency, the U.S. Corps of Engineers and the Texas Commission on Environmental Quality. Additionally, the developer shall obtain all permits required by these agencies. The city shall be notified on construction initiation three days prior to such initiation and will inspect the construction to ensure conformance to city standards.

It is a violation of state statutes to markedly increase the turbidity of streams, whether perennial or intermittent. It shall be the responsibility of the developer, builders, contractors, and others disturbing the natural surface or ground cover to institute precautions to prohibit erosion, sediment transport, and/or siltation into any stormwater conveyance system or onto nearby properties. It shall be a violation of this Code to pollute streams by introducing into waterways construction debris, trees, brush, or other cleared materials, excavated material, trash or rubbish.

The owner or developer will be required to execute a satisfactory instrument conveying to the city, upon completion and installation, all water and sewer mains, valves, fire hydrants, fittings, manholes, curbs and gutters, paving, drainage, and other improvements constructed.

A statement, shown in the City of Kilgore's adopted Engineering Design Manual (EDM), acknowledging the existence of floodplains on the property, and dedicating a floodway easement is required.