A.

It is the purpose of this Article to promote sound planning in the subdivision of land, and to provide consistent rules, which protect the public health, safety, and welfare while allowing the legal platting of land. The regulations herein have been made after careful study of existing local conditions and the desirable future development of the City. It is not the desire or the intent of the City to regiment the design of subdivisions of property and its environs, but rather to recommend the utilization, to the fullest extent possible, of good, sound, modern subdivision planning principles.

B.

It is intended that as much freedom as possible be allowed the individual owners and subdividers in the design and ultimate development of new subdivisions so that they will contribute innovation, individuality, and character to the community's new residential neighborhoods, commercial developments, and industrial districts. At the same time, these rules are intended to assure that such development provides for:

1.

sufficient, adequate major and secondary traffic thoroughfares and public facilities;

2.

minimum standards for facilities;

3.

a consistent and equitable pattern of development among neighboring parcels of land; and

4.

consistency with the City's Comprehensive Land Plan, Master Thoroughfare Plan, parks and open space master plan, and other adopted plans.

C.

The regulations contained within this Article are adopted under the authority of the Constitution and laws of the State of Texas, including particularly LGC Chapter 42, Chapter 212, and Chapter 242. Pursuant to the authority herein granted, the City Council extends to all of the area within its City limits and its ETJ, the application of all of the terms and provisions in this Article establishing rules and regulations governing plats and subdivisions of land.

A.

The owner of a tract of land located within the City limits or in the ETJ of the City who divides the tract in two (2) or more parts to lay out a subdivision of the tract, including an addition to the City, to lay out suburban, building, or other lots, or to lay out streets, alleys, squares, parks, or other parts of the tract intended by the owner of the tract to be dedicated to public use must have a plat of the subdivision prepared. A division of a tract under this section includes a division regardless of whether it is made by using a metes and bounds description in a deed of conveyance or in a contract for a deed, by using a contract of sale or other executory contract to convey, or by using any other method.

B.

No person shall create a subdivision of land within the City or within its ETJ without complying with the provisions of this Article, and all plats and subdivisions of any such land shall conform to the rules and regulations set forth in this Article.

C.

In addition to any other remedy provided by law, the City and its officers shall have the right to enjoin any violation of this UDC by injunction issued by a court of common jurisdiction.

D.

All land subdivided or platted into lots, blocks and streets within the City or within its ETJ, as provided by state law, shall comply in full with the requirements of this UDC. No plat shall be filed in the office of the County Clerk for a tract within the City or its ETJ unless it is approved by the Planning and Zoning Commission or the City Manager or his/her designee, as applicable.

E.

The City has requested each County in which the City is located not to issue a permit for the installation of septic tanks on any lot in a subdivision for which a final plat has not been approved and filed for record, or any lot in a subdivision in which the standards contained herein or referred to herein have not been complied with in full.

F.

No permit shall be issued for any structure on a lot in a subdivision for which a final plat has not been approved and filed for record, nor for any structure on a lot within a subdivision in which the standards contained herein have not been complied with in full.

G.

The City shall not authorize any person nor shall the City itself repair, maintain, install or provide any streets or public utility services in any subdivision for which a final plat has not been approved and filed for record, nor in which the standards contained herein or referred to herein have not been complied with in full.

H.

The City shall not authorize any person nor shall the City itself sell or supply any water or sewer service within a subdivision for which a final plat has not been approved or filed for record, nor in which the standards contained herein or referred to herein have not been complied with in full.

I.

Disapproval of a plat by the City Manager or his/her designee or the Planning and Zoning Commission shall be deemed a refusal by the City to accept the offered dedications shown thereon. Approval of a plat shall not impose any duty upon the City concerning the maintenance or improvement of any such dedicated parts until the proper authorities of the City have actually appropriated the same by entry, use, or improvement. Any such dedication, before or after actual appropriation may be vacated by the City in any manner provided by law.

J.

On behalf of the City, the City Attorney shall, when directed by the City Council, institute appropriate action in a court of competent jurisdiction to enforce the provisions of this UDC or the standards referred to herein with respect to any violation thereof which occurs within any area subject to all or part of the provisions of this UDC.

K.

In addition thereto, any abutting owner or lessee or other person prejudicially affected by the violation of the terms of this UDC may resort to any court of competent jurisdiction for any writ or writs, or to obtain such relief, either in law or equity, as may be deemed advisable in these premises.

L.

If any subdivision exists for which a final plat has not been approved or in which the standards contained herein or referred to herein have not been complied with in full, the City Council shall take appropriate action reciting the fact of such noncompliance of failure to secure final plat approval. Reciting the fact of such noncompliance or failure to secure the final plat approval, and reciting the fact that the provisions of subsections 21.12.2.G. through 21.12.2.K. of this Article will apply to the subdivision and lots herein, the City Secretary shall, when directed by the City Council, cause certified copy of such action under the seal of the City to be filed in the deed records of the county or counties in which such subdivision or part thereof lies. If full compliance and final plat approval are secured after the filing of such action, the City Secretary shall forthwith file an instrument in the Deed Records of such county or counties stating that sections 21.12.2.B. through 21.12.2.K. no longer apply.

M.

The provisions of this Article shall not be construed to prohibit the issuance of permits for any lots upon which a residential building exists and was in existence prior to passage of this UDC nor to prohibit the repair, maintenance, or installation of any street or public utility services for, to or abutting any lot, the last recorded conveyance of which prior to passage of this UDC was by metes and bounds, and/or any subdivision, or lot therein, recorded or unrecorded, which subdivision was in existence prior to the passage of this UDC.

(Ord. No. 23-S-29, § 1(Exh. B), 12-5-2023)

Prior to the official filing of an application for approval of a plat or plan for a subdivision, the subdivider, at his/her option, may consult with and present a proposed plan for the subdivision to the City Manager or his/her designee for comments and advice on the procedures, specifications, and standards required by the City for the subdivision of land. At such a meeting the City Staff will be able to make any suggestions that would direct the proposed subdivision toward desirable objectives and possibly prevent unnecessary work and expense if objectives are not met. This step does not require formal application or fee. No vesting shall occur under this Article in accordance with section 21.1.6.

Any proposed plan for subdivision or development of a property under this Article shall be accompanied by a completed application for the proposed development. No vesting shall occur in accordance with section 21.1.6 of this UDC until a completed application has been submitted in accordance with the requirements of this Article. Filing "checklists" provided by the City to assist applicants shall not change or override any filing requirements set forth in this UDC.

A.

General. Where required by section 21.12.6, a Subdivision Master Plan shall be prepared and submitted in accordance with this Article.

B.

Submittal Requirements for Subdivision Master Plan. An application for a Subdivision Master Plan shall include the information required by the Development Manual.

(Ord. No. 19-S-22, § 1(Exh. A), 9-3-2019)

A.

Applicability

1.

The provisions of this section are authorized under LGC Chapter 212 and shall be applicable to all areas within the City limits and throughout the City's ETJ. A Subdivision Master Plan is required to provide for review of certain developments for compliance with the Comprehensive Land Plan, this UDC, any additional adopted plans (i.e. Water, Wastewater, Transportation, Drainage), the compatibility of land uses and the coordination of improvements within and among individual parcels of land or phases of development prior to approval of a preliminary or final plat.

2.

A Subdivision Master Plan is required for any development meeting the following criteria:

a.

the property is undeveloped, is under one (1) ownership, and is greater than fifty (50) acres in size;

b.

the proposed subdivision of land is to occur in phases;

c.

the proposed subdivision will require off-site road, drainage or utility connections or improvements that will have a substantial impact or effect on other properties or developments; or

d.

the property is part of a Development Agreement under section 21.4.10.

3.

If a preliminary plat encompasses the entire development, a Subdivision Master Plan will not be required.

B.

Application Requirements

1.

Application Required. Any request for a Subdivision Master Plan shall be accompanied by an application prepared in accordance with the Development Manual.

2.

Accompanying Applications. An application for a Subdivision Master Plan may be accompanied by an application for a Preliminary Plat for the first phase of development.

C.

Processing of Application and Decision

1.

Submittal An application for a Subdivision Master Plan shall be submitted to the City Manager or his/her designee. The City Manager or his/her designee shall review the application for completeness in accordance with section 21.4.2. The City Manager or his/her designee shall forward a copy of the proposed plan to other appropriate departments for review and recommendation. After appropriate review, the City Manager or his/her designee shall forward a written recommendation to the Planning and Zoning Commission for consideration.

2.

Recommendation by the Parks and Recreation Advisory Board. Prior to application submission, the Subdivision Master Plan shall be reviewed by the Director of Parks, Recreation and Community Services for consistency with the Parks and Open Space Master Plan and any other applicable plans of the City. The Parks and Recreation Advisory Board shall provide a written recommendation with respect to the acceptability of any area proposed for dedication as public parkland.

3.

Decision by the Planning and Zoning Commission. The Planning and Zoning Commission shall receive the written recommendation of the Director of Parks, Recreation and Community Services and the City Manager or his/her designee and shall consider the proposed Subdivision Master Plan. The Planning and Zoning Commission shall act on the plat within thirty (30) days after the date a complete application is filed. The Planning and Zoning Commission may vote to approve, approve with conditions, or deny the proposed Subdivision Master Plan.

4.

Conditional Approval and Denial. If the Commission conditionally approves or denies the plan, a written statement must be provided to the applicant clearly articulating each specific condition for the conditional approval or reason for denial. Each condition or reason specified in the written statement may not be arbitrary and must include a citation to the regulation, ordinance, or law that is the basis for the conditional approval or denial.

5.

Applicant Response to Conditional Approval or Denial. After the conditional approval or denial of a plan, the applicant may submit a written response that satisfies each condition for the conditional approval or remedies each reason for denial provided. The Planning and Zoning Commission shall determine whether to approve or deny the applicant's previously conditionally approved or denied plan no later than the fifteenth (15 ^th ) day after the date the response was submitted.

6.

Acceptance of Subdivision Master Plan Approval of a Subdivision Master Plan by the Planning and Zoning Commission shall be deemed as an expression of the approval of the layout submitted on the master plan as a guide to the final design of streets, water, sewer and other required improvements and utilities and to the preparation of a Preliminary Plat in accordance with the requirements of this UDC.

D.

Criteria for Approval. The Planning and Zoning Commission, in considering final action on a Subdivision Master Plan, should consider the following criteria:

1.

the Subdivision Master Plan is consistent with all zoning requirements for the property or any development regulations approved as part of a Development Agreement;

2.

the proposed provision and configuration of roads, water, wastewater, drainage and park facilities are adequate to serve each phase of the subdivision;

3.

the schedule of development is feasible and prudent and assures that the proposed development will progress to completion within the time limits proposed;

4.

if the land lies within a Planned Development (PDD) zoning district or is part of an approved Development Agreement, the proposed Subdivision Master Plan conforms to the PDD district regulations and is consistent with the incorporated Conceptual Plan or any development regulations contained in the approved Development Agreement; and

5.

the location, size and sequence of the phases of development proposed assures orderly and efficient development of the land subject to the plan.

E.

Expiration and Extension.

1.

Expiration. The approval of a Subdivision Master Plan shall remain in effect for a period of two (2) years after the date the application was approved or conditionally approved by the Planning and Zoning Commission, during which period the applicant shall submit and receive approval for a Preliminary Plat for any portion of the land subject to the Subdivision Master Plan. If a Preliminary Plat has not been approved within the two (2) year period, the Subdivision Master Plan approval shall expire and the plan shall be null and void.

F.

Revisions Following Approval of Subdivision Master Plan.

1.

Minor Changes. Minor changes in the design of the subdivision subject to a Subdivision Master Plan may be incorporated in an application for approval of a Preliminary Plat without the necessity of filing a new application for approval of a Subdivision Master Plan. Minor changes shall include adjustment in street or alley alignments, lengths, and adjustment of lot lines that do not result in creation of additional lots, provided that such changes are consistent with any approved prior applications.

2.

Amendments. All other proposed changes to the design of the subdivision subject to an approved Subdivision Master Plan shall be deemed major amendments that require submittal and approval of a new application for approval of a revised Subdivision Master Plan before approval of a Preliminary Plat.

(Ord. No. 18-S-04, § 1(Exh. A), 1-23-2018; Ord. No. 19-S-22, § 1(Exh. A), 9-3-2019)

A.

General. Where required by section 21.12.8, a Preliminary Plat shall be prepared and submitted in accordance with this Article.

B.

Submittal Requirements for Preliminary Plat. An application for a preliminary plat shall include the information required by the Development Manual.

(Ord. No. 18-S-04, § 1(Exh. A), 1-23-2018)

A.

Applicability.

1.

The provisions of this section are authorized under LGC Chapter 212 and shall be applicable to all areas within the City's limits and throughout the City's ETJ. A Preliminary Plat is required to determine the general layout of the subdivision, the adequacy of public facilities needed to serve the intended development and the overall compliance of the land division with applicable requirements of this UDC.

2.

A Preliminary Plat may be submitted for any phase of development consistent with an approved Subdivision Master Plan. Where a Subdivision Master Plan is not required and the area to be platted is part of a larger tract of land, the Preliminary Plat must encompass the entire tract of land under ownership of the subdivider and shall provide a preliminary layout of streets, lots, blocks, utilities and drainage for the larger tract. A final plat may be submitted for individual lots to be platted out of the larger parcel.

B.

Application Requirements.

1.

Application Required. Any request for a Preliminary Plat shall be accompanied by an application prepared in accordance with the Development Manual.

2.

Accompanying Applications. An application for a Preliminary Plat may be accompanied by an application for a Master Plan for the entire area to be platted or for any portion of the proposed Preliminary Plat.

C.

Processing of Application and Decision.

1.

Submittal. An application for a Preliminary Plat shall be submitted to the City Manager or his/her designee. The City Manager or his/her designee shall review the application for completeness in accordance with section 21.4.2. The City Manager or his/her designee shall forward a copy of the plat to other appropriate departments for review and recommendation.

2.

Preliminary Plat Approval. In accordance with LGC Section 212.0065, the City Manager or his/her designee may approve a preliminary plat. The City Manager or his/her designee must approve a preliminary plat that is required to be prepared in accordance with this section and that satisfies all applicable regulations of this UDC. The City Manager or his/her designee may approve with conditions or deny a preliminary plat that does not satisfy all applicable regulations of this UDC. The City Manager or his/her designee may, for any reason, elect to present the plat for approval to the Planning and Zoning Commission. The City Manager or his/her designee or Planning and Zoning Commission, shall act on the plat within thirty (30) days after the date a complete application is filed.

3.

Conditional Approval and Denial. If the City Manager or his/her designee or the Planning and Zoning Commission conditionally approves or denies the plat, a written statement must be provided to the applicant clearly articulating each specific condition for the conditional approval or reason for denial. Each condition or reason specified in the written statement may not be arbitrary and must include a citation to the regulation, ordinance, or law that is the basis for the conditional approval or denial.

4.

Applicant Response to Conditional Approval or Denial. After the conditional approval or denial of a plat, the applicant may submit a written response that satisfies each condition for the conditional approval or remedies each reason for denial provided. The City Manager or his/her designee shall determine whether to approve or deny the applicant's response to the previously conditionally approved or denied plat. The City Manager or his/her designee may for any reason elect to present the applicant's response for approval to the Planning and Zoning Commission. Action shall be taken by the City Manager of his/her designee or the Planning and Zoning Commission no later than the fifteenth (15 ^th ) day after the date the response was submitted.

5.

Acceptance of Preliminary Plat. Approval of a Preliminary Plat by the City Manager or his/her designee or the Planning and Zoning Commission shall be deemed as an expression of the approval of the layout submitted on the plat as a guide to the final design of streets, water, sewer and other required improvements and utilities and to the preparation of a final plat in accordance with the requirements of this UDC.

6.

Appeal to Planning and Zoning Commission. Any decision to disapprove a plat made by the City Manager or his/her designee may be appealed to the Planning and Zoning Commission.

D.

Criteria for Approval. The City Manager or his/her designee or the Planning and Zoning Commission, in considering final action on a Preliminary Plat, should consider the following criteria:

1.

the plat is consistent with all zoning requirements for the property or any approved Development Agreement;

2.

the plat conforms to the general layout of the Subdivision Master Plan (if applicable) and is consistent with the phasing plan approved therein;

3.

the proposed provision and configuration of roads, water, wastewater, drainage, and park facilities conform to the master facilities plans for the facilities, including without limitation the water facilities, wastewater facilities, transportation, drainage and other master facilities plans; and

4.

the proposed provision and configuration of roads, water, wastewater, drainage and park facilities, and easements and rights-of-way are adequate to serve the subdivision.

E.

Expiration and Extension.

1.

Expiration. The approval of a Preliminary Plat shall remain in effect for a period of two (2) years after the date the application was approved or conditionally approved by the City Manager or his/her designee or the Planning & Zoning Commission, during which period the applicant shall submit and receive approval for a final plat for any portion of the land subject to the Preliminary Plat. If a final plat has not been approved within the two (2) year period, the Preliminary Plat approval, unless extended, shall expire and the plat shall be null and void.

2.

Extension. At the request of the property owners or their representative, the expiration date for approval of a Preliminary Plat may be extended by the City Manager or his/her designee for a period not to exceed six (6) months. A Preliminary Plat is not subject to reinstatement following expiration.

F.

Revisions Following Approval of Preliminary Plat.

1.

Minor Changes. Minor changes in the design of the subdivision subject to a Preliminary Plat may be incorporated in an application for approval of a Final Plat without the necessity of filing a new application for approval of a Preliminary Plat. Minor changes shall include a revision to plat notes, a revision to street or alley lengths, scrivener's errors, adjustment of lot lines that do not result in the increase or creation of additional lots or additional acreage, or changes or clarifications to easements, provided that such changes are consistent with any approved prior applications.

2.

Major changes include the reconfiguration of street or alley alignments, the addition of streets or alleys, an increase in the number of lots or acreage, the addition or revision of a unit previously approved by the Preliminary Plat, any change to the open space dedication requirement, changes to drainage, changes to flood plain data, and any other changes that may not be included herein as determined by the Planning Department. Major changes shall require submittal of a revised master plan and Preliminary Plat which is submitted and processed the same as a new Master Development Plan application and new Preliminary Plat application.

3.

Amendments. All other proposed changes to the design of the subdivision subject to an approved Preliminary Plat shall be deemed major amendments that require submittal and approval of a new application for approval of a Preliminary Plat before approval of a Final Plat.

(Ord. No. 18-S-04, § 1(Exh. A), 1-23-2018; Ord. No. 19-S-22, § 1(Exh. A), 9-3-2019; Ord. No. 23-S-29, § 1(Exh. B), 12-5-2023)

A.

General. Where required by section 21.12.10, a final plat shall be prepared and submitted in accordance with this Article.

B.

Submittal Requirements for Final Plat. An application for a final plat shall include the information required by the Development Manual.

(Ord. No. 18-S-04, § 1(Exh. A), 1-23-2018)

A.

Applicability.

1.

The provisions of this section are authorized under LGC Chapter 212 and shall be applicable to all areas within the City's limits and throughout the City's ETJ. A Final Plat is required to assure that the division or development of the land subject to the plat is consistent with all standards of this UDC pertaining to the adequacy of public facilities, that public improvements to serve the subdivision or development have been installed and accepted by the City or that provision for such installation has been made, that all other requirements and conditions have been satisfied or provided for to allow the plat to be recorded, and to assure that the subdivision or development meets all other standards of this UDC to enable initiation of site preparation activities for any lot or tract subject to the plat. Approval of a Final Plat shall be required prior to any non-exempt division of land and prior to any site preparation activities for a lot or tract of land that requires installation of public improvements on or adjacent thereto.

2.

A Final Plat may be submitted for any phase of development consistent with an approved Preliminary Plat.

B.

Application Requirements.

1.

Application Required. Any request for a Final Plat shall be accompanied by an application prepared in accordance with the Development Manual.

2.

Accompanying Applications. An application for a Final Plat shall be accompanied by a letter of approval from the City Engineer and/or the Director of Public Works approving the public infrastructure improvement construction plans showing details of streets, alleys, culverts, bridges, storm sewers, water mains, sanitary sewers and other engineering details of the proposed subdivision. Such plans shall be prepared by a registered professional engineer and shall conform to the standard specifications established by the City. Approval of any public infrastructure improvement plans is required prior to Final Plat application.

C.

Processing of Application and Decision.

1.

Submittal. An application for a Final Plat shall be submitted to the City Manager or his/her designee. The City Manager or his/her designee shall review the application for completeness in accordance with section 21.4.2. The City Manager or his/her designee shall forward a copy of the plat to other appropriate departments for review and recommendation.

2.

Final Plat Approval. In accordance with LGC Section 212.0065, the City Manager or his/her designee may approve a final plat. The City Manager or his/her designee must approve a final plat that is required to be prepared in accordance with this section and that satisfies all applicable regulations of this UDC. The City Manager or his/her designee may approve with conditions or deny a final plat that does not satisfy all applicable regulations of this UDC. The City Manager or his/her designee may, for any reason, elect to present the plat for approval to the Planning and Zoning Commission. The City Manager or his/her designee or Planning and Zoning Commission, shall act on the plat within thirty (30) days after the date a complete application is filed.

3.

Conditional Approval and Denial. If the City Manager or his/her designee or the Planning and Zoning Commission conditionally approves or denies the plat, a written statement must be provided to the applicant clearly articulating each specific condition for the conditional approval or reason for denial. Each condition or reason specified in the written statement may not be arbitrary and must include a citation to the regulation, ordinance, or law that is the basis for the conditional approval or denial.

4.

Applicant Response to Conditional Approval or Denial. After the conditional approval or denial of a plat, the applicant may submit a written response that satisfies each condition for the conditional approval or remedies each reason for denial provided. The City Manager or his/her designee shall determine whether to approve or deny the applicant's response to the previously conditionally approved or denied plat. The City Manager or his/her designee may for any reason elect to present the applicant's response for approval to the Planning and Zoning Commission. Action shall be taken by the City Manager of his/her designee or the Planning and Zoning Commission no later than the fifteenth (15 ^th ) day after the date the response was submitted.

5.

Appeal to Planning and Zoning Commission. Any decision to disapprove a plat made by the City Manager or his/her designee may be appealed to the Planning and Zoning Commission.

D.

Criteria for Approval. The City Manager or his/her designee or the Planning and Zoning Commission, in considering final action on a Final Plat, should consider the following criteria:

1.

the Final Plat conforms to the approved Preliminary Plat, except for minor changes that may be approved without the necessity of revising the approved Preliminary Plat; and

2.

the final layout of the subdivision or development meets all standards for adequacy of public facilities contained in this UDC.

E.

Expiration and Extension.

1.

Expiration. The approval of a Final Plat shall remain in effect for a period of two (2) years after the date the application was approved or conditionally approved by the City Manager or his/her designee or the Planning and Zoning Commission, during which period the applicant shall submit any required revisions for approval and recordation of the plat. If the Final Plat has not been recorded within the two (2) year period, the Final Plat approval, unless extended, shall expire and the plat shall be null and void.

2.

Extension. At the request of the property owner or their representative, the expiration date for approval of a Final Plat may be extended by the City Manager or his/her designee for a period not to exceed six (6) months. A Final Plat is not subject to reinstatement following expiration.

F.

Revisions Following Approval of Final Plat.

1.

Minor Changes. An applicant may make minor changes to an approved Final Plat to reflect changes arising from installation of public improvements thereafter, provided that the approved Final Plat has not been recorded and that approval of the revised Final Plat occurs prior to expiration of approval of the initial Final Plat application. The City Manager or his/her designee is authorized to approve minor changes to an approved Final Plat. If the approved Final Plat has been recorded, an amending plat or replat must be approved and recorded. Minor changes shall include a revision to plat notes, a revision to street or alley lengths, scrivener's errors, adjustment of lot lines that do not result in the increase or creation of additional lots or additional acreage, or changes or clarifications to easements, provided that such changes are consistent with any approved prior applications.

2.

Major Changes. Major changes include the reconfiguration of street or alley alignments, the addition of streets or alleys, an increase in the number of lots or acreage, the addition or revision of a unit previously approved by the Preliminary Plat, any change to the open space dedication requirement, changes to drainage, changes to flood plain data, and any other changes that may not be included herein as determined by the City Manager or his/her designee. Major changes shall require submittal of a revised Final Plat which is submitted and processed the same as a new final plat application.

3.

Amendments. All other proposed changes to the design of the subdivision subject to an approved Final Plat shall be deemed major amendments that require submittal and approval of a new application for approval of a Preliminary Plat before approval of a Final Plat. Approval of major revisions to an approved Preliminary Plat shall occur prior to the date any approved Subdivision Master Plan would have expired for the same land.

G.

Recording Procedures. After approval of a Final Plat and acceptance of required public improvements or execution of an Improvement Agreement pursuant to Sec. 21.4.15, the applicant may submit all necessary items to the City to record the plat in the County Land Records. Upon receipt of the plat recording submittal and notification of acceptance of required public improvements or execution of an Improvement Agreement, the City Manager or his/her designee shall sign the plat and shall promptly cause the plat to be recorded. If the final plat was forwarded to the Planning and Zoning Commission, the City Manager or his/her designee shall procure the signature of the chair of the Planning and Zoning Commission on the plat and shall promptly cause the plat to be recorded. No Final Plat will be received for recording until all back taxes owed to the City have been paid in full and a certified copy of a Tax Certificate from the applicable school district and county tax office has been received for the subject property.

(Ord. No. 17-S-41, § 1(Exh. A), 10-24-2017; Ord. No. 18-S-04, § 1(Exh. A), 1-23-2018; Ord. No. 19-S-22, § 1(Exh. A), 9-3-2019; Ord. No. 23-S-29, § 1(Exh. B), 12-5-2023)

A.

Applicability. The provisions of this section are authorized under LGC Chapter 212 and shall be applicable to all areas within the City's limits and throughout the City's ETJ. A minor plat may be submitted for approval where the proposed division of land involves four (4) or fewer lots fronting onto an existing street and not requiring the creation of any new street or the extension of municipal facilities.

B.

Application Requirements. Any request for a minor plat shall be accompanied by an application prepared in accordance with the Development Manual.

C.

Processing of Application and Decision.

1.

Submittal. An application for a minor plat shall be submitted to the City Manager or his/her designee. The City Manager or his/her designee shall review the application for completeness in accordance with section 21.4.2. The City Manager or his/her designee shall forward a copy of the plat to other appropriate departments for review and recommendation.

2.

Minor Plat Approval. In accordance with LGC Section 212.0065, the City Manager or his/her designee may approve a minor plat. The City Manager or his/her designee may, for any reason, elect to present the plat for approval to the Planning and Zoning Commission. The City Manager or his/her designee shall not approve with conditions or disapprove a minor plat and shall be required to refer any plat for which approval is refused to the Planning and Zoning Commission. The City Manager or his/her designee or the Planning and Zoning Commission shall act on the plat within thirty (30) days after the date a complete application is filed.

3.

Conditional Approval and Denial. If the Commission conditionally approves or denies the plat, a written statement must be provided to the applicant clearly articulating each specific condition for the conditional approval or reason for denial. Each condition or reason specified in the written statement may not be arbitrary and must include a citation to the regulation, ordinance, or law that is the basis for the conditional approval or denial.

4.

Applicant Response to Conditional Approval or Denial. After the conditional approval or denial of a plat, the applicant may submit a written response that satisfies each condition for the conditional approval or remedies each reason for denial provided. The City Manager or his/her designee is authorized to approve revisions required for conditional approval of the Final Plat. The Planning and Zoning Commission shall determine whether to approve or deny the applicant's previously conditionally approved or denied plat no later than the fifteenth (15 ^th ) day after the date the response was submitted.

D.

Criteria for Approval. The City Manager or his/her designee in considering final action on a minor plat should consider the following criteria:

1.

the minor plat is consistent with all zoning requirements for the property, all other requirements of this UDC that apply to the plat, and any regulations contained in an approved Development Agreement;

2.

all lots to be created by the plat already are adequately served by all required City utilities and infrastructure; and

3.

the plat does not require the extension of any municipal facilities to serve any lot within the subdivision.

E.

Expiration and Extension.

1.

Expiration. The approval of a minor plat shall remain in effect for a period of two (2) years after the date the application was approved or conditionally approved by the City Manager or his/her designee or the Planning and Zoning Commission. If the minor plat has not been recorded within the two (2) year period, the plat approval, unless extended, shall expire and the plat shall be deemed null and void.

2.

Extension. At the request of the property owners or their representative, the expiration date for approval of a minor plat may be extended by the Planning and Zoning Commission for a period not to exceed six (6) months. A minor plat is not subject to reinstatement following expiration.

F.

Plat Recordation. The property owner shall submit the approved minor plat and any other required items, to the City Manager or his/her designee, who shall cause the plat to be recorded in the property records of the county in which the land is located. No Minor Plat will be received for recording until all back taxes owed to the City have been paid in full and a certified copy of a Tax Certificate from the applicable school district and county tax office has been received for the subject property.

(Ord. No. 18-S-04, § 1(Exh. A), 1-23-2018; Ord. No. 19-S-22, § 1(Exh. A), 9-3-2019)

A.

Applicability. The provisions of this section are authorized under LGC Chapter 212 and shall be applicable to all areas within the City's limits and throughout the City's ETJ. An amending plat may be filed in accordance with the procedures and requirements set forth in LGC section 212.016 and may be recorded and is controlling over the preceding plat without vacation of that plat and without notice and hearing, if the amending plat is signed and acknowledged by the owners of the property being replatted and is solely for one (1) or more of the following purposes:

1.

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

2.

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

3.

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

4.

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

5.

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

6.

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

7.

to correct an error in courses and distances of lot lines between two (2) adjacent lots if:

a.

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

b.

neither lot is abolished;

c.

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

d.

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

8.

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

9.

to relocate one or more lot lines between one or more adjacent lots if:

a.

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

b.

the amendment does not attempt to remove recorded covenants or restrictions; or

c.

the amendment does not increase the number of lots;

10.

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

a.

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

b.

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

c.

the area covered by the changes is located in an area that the Planning and Zoning Commission or City Council has approved, after a public hearing, as a residential improvement area; or

11.

to replat one or more lots fronting on an existing street if:

a.

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

b.

the amendment does not attempt to remove recorded covenants or restrictions;

c.

the amendment does not increase the number of lots; and

d.

the amendment does not create or require the creation of a new street or make necessary the extension of municipal facilities.

B.

Application Requirements. Any request for an amending plat shall be accompanied by an application prepared in accordance with the Development Manual.

C.

Processing of Application and Decision.

1.

Submittal. An application for an amending plat shall be submitted to the City Manager or his/her designee. The City Manager or his/her designee shall review the application for completeness in accordance with section 21.4.2. The City Manager or his/her designee may, at his/her option, forward a copy of the plat to other appropriate departments for review and recommendation.

2.

Amending Plat Approval. In accordance with LGC section 212.0065, the City Manager or his/her designee may approve an amending plat. The City Manager or his/her designee may, for any reason, elect to present the plat for approval to the Planning and Zoning Commission. The City Manager or his/her designee shall not disapprove an amending plat and shall be required to refer any plat for which approval is refused to the Planning and Zoning Commission. The City Manager or his/her designee or the Planning and Zoning Commission shall act on the plat within thirty (30) days after the date a complete application is filed.

3.

Conditional Approval and Denial. If the Commission conditionally approves or denies the plat, a written statement must be provided to the applicant clearly articulating each specific condition for the conditional approval or reason for denial. Each condition or reason specified in the written statement may not be arbitrary and must include a citation to the regulation, ordinance, or law that is the basis for the conditional approval or denial.

4.

Applicant Response to Conditional Approval or Denial. After the conditional approval or denial of a plat, the applicant may submit a written response that satisfies each condition for the conditional approval or remedies each reason for denial provided. The City Manager or his/her designee is authorized to approve revisions required for conditional approval of the Final Plat. The Planning and Zoning Commission shall determine whether to approve or deny the applicant's previously denied plat or conditionally approved, if forwarded to the Commission by the City Manager or his/her designee, no later than the fifteenth (15 ^th ) day after the date the response was submitted.

D.

Expiration and Extension.

1.

Expiration. The approval of an amending plat shall remain in effect for a period of two (2) years after the date the application was approved or conditionally approved by the City Manager or his/her designee or the Planning and Zoning Commission. If the amending plat has not been recorded within the two (2) year period, the plat approval shall expire and the plat shall be deemed null and void.

2.

Extension. At the request of the property owners or their representative, the expiration date for approval of an amending plat may be extended by the Planning and Zoning Commission for a period not to exceed six (6) months. An amending plat is not subject to reinstatement following expiration.

E.

Plat Recordation. The property owner shall submit the approved Amending Plat and any other required items, to the City Manager or his/her designee, who shall cause the plat to be recorded in the property records of the county in which the land is located. No Amending Plat will be received for recording until all back taxes owed to the City have been paid in full and a certified copy of a Tax Certificate from the applicable school district and county tax office has been received for the subject property.

(Ord. No. 18-S-04, § 1(Exh. A), 1-23-2018; Ord. No. 19-S-22, § 1(Exh. A), 9-3-2019)

A.

Applicability. The provisions of this section are authorized under LGC Chapter 212 and shall be applicable to all areas within the City's limits and throughout the City's ETJ. A replat is any plat that complies with LGC sections 212.014, 212.0145, and 212.015, as amended, which is generally submitted to replat a subdivision or part of a subdivision without vacation of the original plat. Replatting a portion of a recorded lot is not permitted. A replat does not itself constitute approval for development of the property.

B.

Application Requirements. Any request for a replat shall be accompanied by an application prepared in accordance with the Development Manual.

C.

Processing of Application and Decision.

1.

Submittal. An application for a replat shall be submitted to the City Manager or his/her designee. The City Manager or his/her designee shall review the application for completeness in accordance with section 21.4.2. The City Manager or his/her designee shall forward a copy of the plat to other appropriate departments for review and recommendation. After appropriate review, the City Manager or his/her designee may forward a recommendation to the Planning and Zoning Commission for consideration, when applicable.

2.

Notification Requirements for Certain Replats.

a.

Applicability. An application for a replat which is also accompanied by a waiver or variance request requires a public hearing and notice if:

i.

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

ii.

any lot in the preceding plat was limited by deed restrictions to residential use for not more than two residential units per lot.

b.

Public hearing notice. Notice of the public hearing shall be given at least sixteen (16) calendar days before the date of the public hearing by:

i.

Publication in an official newspaper or a newspaper of general circulation in the county in which the City is located; and

ii.

Written notice with a copy of LGC Sec. 212.015(c) attached, mailed to the owners of lots that are in the original subdivision and that are within 200 feet of the lots to be replatted, as indicated on the most recently approved municipal tax roll or in the case of a subdivision within the extraterritorial jurisdiction, the most recently approved county tax roll of the property upon which the replat is requested.

3.

Replat Approval. In accordance with LGC Section 212.0065, the City Manager or his/her designee may approve a replat. The City Manager or his/her designee must approve a replat that is required to be prepared in accordance with this section and that satisfies all applicable regulations of this UDC. The City Manager or his/her designee may approve with conditions or deny a replat that does not satisfy all applicable regulations of this UDC. The City Manager or his/her designee may, for any reason, elect to present the plat for approval to the Planning and Zoning Commission. The City Manager or his/her designee or Planning and Zoning Commission, shall act on the plat within thirty (30) days after the date a complete application is filed.

4.

Conditional Approval and Denial. If the City Manager or his/her designee or the Planning and Zoning Commission conditionally approves or denies the plat, a written statement must be provided to the applicant clearly articulating each specific condition for the conditional approval or reason for denial. Each condition or reason specified in the written statement may not be arbitrary and must include a citation to the regulation, ordinance, or law that is the basis for the conditional approval or denial.

5.

Applicant Response to Conditional Approval or Denial. After the conditional approval or denial of a plat, the applicant may submit a written response that satisfies each condition for the conditional approval or remedies each reason for denial provided. The City Manager or his/her designee shall determine whether to approve or deny the applicant's response to the previously conditionally approved or denied plat. The City Manager or his/her designee may for any reason elect to present the applicant's response for approval to the Planning and Zoning Commission. Action shall be taken by the City Manager of his/her designee or the Planning and Zoning Commission no later than the fifteenth (15 ^th ) day after the date the response was submitted.

6.

Appeal to Planning and Zoning Commission. Any decision to disapprove a plat made by the City Manager or his/her designee may be appealed to the Planning and Zoning Commission.

D.

Criteria for Approval. The City Manager or his/her designee or the Commission in considering final action on a replat should consider the following criteria:

1.

the replat is consistent with all zoning requirements for the property, all other requirements of this UDC that apply to the plat, and any regulations contained in an approved Development Agreement;

2.

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

3.

a public hearing was held and parties in interest and citizens have had an opportunity to be heard, if applicable; and

4.

the replat does not attempt to amend or remove any covenants or restrictions.

E.

Protests. If the replat application meets the applicability requirements of Subsection C.2 above and is protested in accordance with this section, approval of the replat shall be presented by the City Manager or his/her designee to the Planning & Zoning Commission and shall require the affirmative vote of at least three-fourths (¾) of the members of the Planning and Zoning Commission present at the meeting to be approved. For a legal protest, written instruments signed by the owners of at least twenty percent (20%) of the area of the lots or land immediately adjoining the area covered by the replat application and extending 200 feet from that area, but within the original subdivision, must be filed with the Planning and Zoning Commission prior to the close of the public hearing. In computing the percentage of land area under this section, the area of streets and alleys shall be included.

F.

Notification of Approval for Certain Replats. If a proposed replat does not require a variance or exception but meets the applicability of either Subsections C.2.a.i or ii above, the municipality shall, not later than the 15th calendar day after the date the replat is approved, provide written notice by mail of the approval of the replat to each owner of a lot in the original subdivision that is within 200 feet of the lots to be replatted according to the most recent municipality or county tax roll. This subsection does not apply to a proposed replat if the Planning & Zoning Commission holds a public hearing and gives notice of the hearing in the manner provided by in Subsection C.2.b above.

1.

The notice of a replat approval must include:

a.

the zoning designation of the property after the replat; and

b.

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

G.

Expiration and Extension.

1.

Expiration. The approval of a replat shall remain in effect for a period of two (2) years after the date the application was approved or conditionally approved by the City Manager or his/her designee or the Planning and Zoning Commission, during which period the applicant shall submit any required revisions for approval and recordation of the plat. If the replat has not been recorded within the two (2) year period, the plat approval shall expire and the plat shall be deemed null and void.

2.

Extension. At the request of the property owners or their representative, the expiration date for approval of a replat may be extended by the City Manager or his/her designee for a period not to exceed six (6) months. A replat is not subject to reinstatement following expiration.

H.

Plat Recordation. After approval of a Replat Plat and acceptance of required public improvements or execution of an Improvement Agreement pursuant to Sec. 21.4.15, if applicable, the applicant may submit all necessary items to the City to record the plat in the County Land Records. Upon receipt of the plat recording submittal and notification of acceptance of required public improvements or execution of an Improvement Agreement, the City Manager or his/her designee shall sign the plat and shall promptly cause the plat to be recorded. If the final plat was forwarded to the Commission, the City Manager or his/her designee shall procure the signature of the chair of the Planning and Zoning Commission on the plat and shall promptly cause the plat to be recorded.

(Ord. No. 18-S-04, § 1(Exh. A), 1-23-2018; Ord. No. 19-S-22, § 1(Exh. A), 9-3-2019; Ord. No. 23-S-29, § 1(Exh. B), 12-5-2023)

A.

Applicability. The provisions of this section are authorized under LGC Chapter 212 and shall be applicable to all areas within the City's limits and throughout the City's ETJ. A vacating plat does not itself constitute approval for development of the property.

B.

Application Requirements. Any request for a vacating plat shall be accompanied by an application prepared in accordance with the Development Manual as well as an application for a replat.

C.

Processing of Application and Decision.

1.

Submittal. An application for a vacating plat shall be submitted to the City Manager or his/her designee. The City Manager or his/her designee shall review the application for completeness in accordance with section 21.4.2. The City Manager or his/her designee shall forward a copy of the plat to other appropriate departments for review and recommendation.

2.

Vacating Plat Approval. In accordance with LGC Section 212.0065, the City Manager or his/her designee may approve a vacating plat. The City Manager or his/her designee must approve a vacating plat that is required to be prepared in accordance with this section and that satisfies all applicable regulations of this UDC. The City Manager or his/her designee may approve with conditions or deny a vacating plat and/or replat that does not satisfy all applicable regulations of this UDC. The City Manager or his/her designee may, for any reason, elect to present the plat for approval to the Planning and Zoning Commission. The City Manager or his/her designee or Planning and Zoning Commission, shall act on the plat within thirty (30) days after the date a complete application is filed.

3.

Conditional Approval and Denial. If the City Manager or his/her designee or the Planning and Zoning Commission conditionally approves or denies the plat, a written statement must be provided to the applicant clearly articulating each specific condition for the conditional approval or reason for denial. Each condition or reason specified in the written statement may not be arbitrary and must include a citation to the regulation, ordinance, or law that is the basis for the conditional approval or denial.

4.

Applicant Response to Conditional Approval or Denial. After the conditional approval or denial of a plat, the applicant may submit a written response that satisfies each condition for the conditional approval or remedies each reason for denial provided. The City Manager or his/her designee shall determine whether to approve or deny the applicant's response to the previously conditionally approved or denied plat. The City Manager or his/her designee may for any reason elect to present the applicant's response for approval to the Planning and Zoning Commission. Action shall be taken by the City Manager of his/her designee or the Planning and Zoning Commission no later than the fifteenth (15 ^th ) day after the date the response was submitted.

5.

Appeal to Planning and Zoning Commission. Any decision to disapprove a plat made by the City Manager or his/her designee may be appealed to the Planning and Zoning Commission.

D.

Criteria for Approval. The City Manager or his/her designee or the Planning and Zoning Commission in considering final action on a vacating plat should consider the following criteria:

1.

the vacating plat is consistent with all zoning requirements for the property, all other requirements of this UDC that apply to the plat, and any regulations contained in an approved Development Agreement;

2.

the vacating plat is signed and acknowledged by all owners of lots in the original plat.

E.

Expiration and Extension.

1.

Expiration. The approval of a vacating plat shall remain in effect for a period of two (2) years after the date the application was approved or conditionally approved by the City Manager or his/her designee or the Planning and Zoning Commission, during which period the applicant shall submit any required revisions for approval and recordation of the plat. If the vacating plat has not been recorded within the two (2) year period, the plat approval shall expire and the plat shall be deemed null and void.

2.

Extension. At the request of the property owners or their representative, the expiration date for approval of a vacating plat may be extended by the City Manager or his/her designee or the Planning and Zoning Commission, if the request is forwarded by the City Manager or his/her designee, for a period not to exceed six (6) months. A vacating plat is not subject to reinstatement following expiration.

F.

Recording Procedures. After approval of a Vacating Plat and associated Replat, acceptance of required public improvements or execution of an Improvement Agreement pursuant to Sec. 21.4.15, if applicable, the applicant may submit all necessary items to the City to record the vacating plat and replat in the County Land Records. Upon receipt of the plat recording submittal and notification of acceptance of required public improvements or execution of an Improvement Agreement, the City Manager or his/her designee shall sign the plat and shall promptly cause the plat to be recorded. If the vacating plat and associated replat was forwarded to the Commission, the City Manager or his/her designee shall procure the signature of the chair of the Planning and Zoning Commission on the plat and shall promptly cause the plat to be recorded. No vacating plat and associated replat will be received for recording until all back taxes owed to the City have been paid in full and a certified copy of a Tax Certificate from the applicable school district and county tax office has been received for the subject property.

G.

The City, at its discretion, shall have the right to retain all or specific portions of road right-of-way or easements shown on the plat being considered for vacation. However, the City shall consider a request for vacating a plat upon satisfactory conveyance of easements or right-of-way in a separate legal document using forms provided by the City Attorney's office.

(Ord. No. 19-S-22, § 1(Exh. A), 9-3-2019; Ord. No. 23-S-29, § 1(Exh. B), 12-5-2023)

A.

General. The Planning and Zoning Commission may authorize waivers from the provisions of this Article when, in its opinion, undue hardship will result from requiring strict compliance. In granting a waiver, the Planning and Zoning Commission shall prescribe only conditions that it deems necessary or desirable to the public interest. In making their findings, the Planning and Zoning Commission shall take into account the nature of the proposed use of the land involved and existing uses of land in the vicinity, the number of persons who will reside or work in the proposed subdivision, and the probable effect of such waivers upon traffic conditions and upon the public health, safety, convenience, and welfare in the vicinity. Waivers shall not be granted unless the Planning and Zoning Commission finds:

1.

That the granting of the waiver will not be detrimental to the public health, safety, or welfare, or injurious to other property in the area; and

2.

That the granting of the waiver will not have the effect of preventing the orderly subdivision of other land in the area in accordance with the provisions of this UDC. Such findings of the Planning and Zoning Commission, together with the specified facts upon which such findings are based, shall be incorporated into the official minutes of the Planning and Zoning Commission meeting at which such waiver is granted. Waivers may be granted only when in harmony with the general purpose and intent of this UDC so that the public health, safety, and welfare may be secured and justice done.

B.

The Planning and Zoning Commission may establish a time period for execution of each granted waiver.

C.

Such findings together with the specific facts on which such findings are based shall be incorporated into the official minutes of the Planning and Zoning Commission meeting at which such exception is granted.

D.

Planning and zoning commission shall not authorize a waiver that would constitute a violation of a valid law, ordinance, code or regulation of the City.

E.

Any decision of the Planning and Zoning Commission regarding waivers to the provisions of this Article may be appealed to the City Council. When considering an appeal, the City Council shall consider the same standards as the Planning and Zoning Commission as outlined above.