A. Plat Preparation: The subdivider shall cause to be prepared a preliminary plat by a surveyor or engineer in accordance with this title (plat may be prepared in conjunction with a land planner).
B. Filing Of Plat: The subdivider shall file five (5) copies of the subdivision plat with the City Secretary twenty one (21) working days prior to the date of the next regularly scheduled Planning and Zoning Commission meeting. (Ord. 90-02, 6-5-1990; amd. 1994 Code)
C. Filing Fees: No action by the Governing Body shall be valid until the filing fee has been paid. This fee shall not be refunded should the subdivider fail to make formal application for preliminary plat approval or should the plat be finally disapproved by the Governing Body.
1. A processing fee of one hundred fifty dollars ($150.00) plus ten dollars ($10.00) per acre or a fraction thereof for the first ten (10) acres and five dollars ($5.00) thereafter for each acre or a fraction thereof shall be paid to the City Secretary at the time plat is submitted for review and application requesting plat approval is filled out.
2. A two percent (2%) construction fee is to be paid by the plat owner after the fee is determined by the City Engineer.
3. A recording and a filing fee are to be determined at the time the plat is submitted to the County by the City for approval.
4. A three percent (3%) lab escrow for geotechnical and construction testing purposes shall be submitted prior to obtaining a notice to proceed for the construction of a subdivision, unless there is no testing required by the City. The lab escrow will be used by the City to hire an independent geotechnical and construction testing engineer in order to conduct proper testing of materials and construction. Payment of any test failures, re-testing, and overages will be the responsibility of the project contractor/developer.
5. Prior to construction of the infrastructural improvements of any plat, there shall be a pre-construction conference (PCC) where pertinent City departments shall meet with the developer’s engineers, contractors, and/or other representatives to consider issuing a notice to proceed (NTP) should the sealed construction plans fully comply with the city’s requirements for imminent public infrastructure. There shall be a PCC fee for these review/examination services. No NTP shall be issued until said fee is paid, which shall be based as follows:
Minimum $SO for developments up to fifty (50) lots |
51 - 100 lots will equate to seventy-five dollars ($75.00) |
101 or more lots will equate to one hundred dollars ($100.00) |
D. Additional Items:
1. An application providing general information regarding the plat and plat owner must be filed with the City Secretary.
2. Two (2) construction documents (sealed).
3. Additional plats shall be provided at the time the plat is submitted to the County by the City Secretary for approval. The number of plats needed will be determined at that time.
E. Form And Content Of Plat:
1. All five (5) plats submitted by the subdivider shall be drawn on tracing paper to a scale no greater than one hundred feet to one inch (100' = 1"). All plats must be signed and sealed by engineering firm and developer or they will not be reviewed by the City Engineer. When more than one (1) sheet is necessary to accommodate the entire area, an index sheet showing the entire subdivision at an appropriate scale shall be attached to the plat. Plats shall show the following:
a. Name(s) and address(es) of the subdivider(s), record of owner(s) of land to be subdivided, engineer and/or surveyor preparing the map and name and address of the designer of the plat.
b. Proposed name of the subdivision shall not have the same spelling as or be pronounced similar to the name of any other subdivision currently located within the City or within the extraterritorial jurisdiction of the City. Furthermore, the name of the subdivision plat will be subject to approval by the Board of Commissioners where special emphasis will be placed on what may be appealing and appropriate; and where a proposed plats’ name will not be controversial, give rise to negative connotations, or linked to an un-desired stigma as perceived by said Board of Commissioners.
c. Description, by metes and bounds, of the subdivision boundaries.
d. Primary control point locations shall be shown. Descriptions and ties to such control points from which all dimensions, angles, bearings, block numbers and similar data are referred shall be shown. Such control point designations shall meet all requirements of the appropriate State Statutes.
e. Subdivision boundary line should be indicated by heavy lines and the acreage of the subdivision shown.
f. Engineering conditions as follows:
(1) The exact location, dimensions, name and description of all existing or recorded streets, alleys, reservations, easements or other public rights-of-way within the subdivision, intersecting or contiguous with its boundaries or forming such boundaries.
(2) The exact location, dimensions, description and flow line of existing watercourses and drainage structures within the subdivision or on contiguous tracts.
(3) Zoning district classification if there is more than one classification, the dividing lines should be shown on land to be subdivided and on adjoining lands.
(4) Flood and hazard areas.
g. The exact location, dimensions, description and name of all proposed streets, street grades and cross section alleys, drainage structures, parks, other public areas, reservations, easements or other rights of way, blocks, lots or other sites within the subdivision.
h. Date of preparation, actual and graphic scale of plat and north arrow.
i. Draft of proposed restrictive covenants (if any) to be imposed and areas subject to special restrictions.
j. Building setback lines on fronts of all lots and sites. Side yard building setback lines at street intersections and crosswalk ways.
2. At the request of the City staff, Planning and Zoning Commission or Board of Commissioners, the subdivider may be required to provide the following information on the preliminary plat:
a. Topographic information shall include contour lines on a basis of five (5) vertical feet in terrain with a slope of two percent (2%) or more and on a basis of one vertical foot in terrain with a slope of less than two percent (2%).
b. Preliminary plan of any required on-site waste disposal systems including disposal sites for land subject to flooding or sanitary sewers with grade, pipe size and points of discharge.
c. Proposed fill or other structure elevating techniques, levees, channel modifications and other methods to overcome flood or erosion-related hazards.
d. Designation of all land to be reserved or dedicated for open space or recreational use.
e. Vicinity sketch or map, at some appropriate scale, which shall show existing subdivisions, streets, easements, rights of way, parks and public facilities of water and possible storm sewer, water, gas, electric and sanitary sewer connections by owner.
f. Soil information which shall show characteristics for soil bearing, shrink/swell, permeability and percolation.
F. Processing of Preliminary Plat:
1. The City staff, as specified hereafter, shall check the preliminary plat as to its conformity with the adopted General Plan, major street plan, land use plan, zoning districts and the standards and specifications set forth herein or referred to herein or to other pertinent policies and standards of the City.
2. Pertinent copies of the preliminary plat data shall be submitted to the City Engineer and he shall check the same for conformity with the standards and specifications contained or referred to herein. The City Engineer, City Manager, Planning Director, Commission or governing body may require the applicant to submit additional topographic information, detailed plans for proposed uses and other information to determine possible flood or erosion hazards, the effect of the subdivision uses upon flood flows and the adequacy of proposed flood protection measures. The City Engineer, City Manager, Planning Director, Commission or governing body may consult with expert persons or agencies for technical assistance and advice.
3. All proposed preliminary plats and subdivisions of land within the City and its extraterritorial jurisdiction shall be submitted by the developer to the governing body for referral, review and comment by the various governmental departments and the independent school district and utility service companies.
4. The City Engineer and/or Planning Director and City staff shall return the preliminary plat and accompanying data to the Planning and Zoning Commission and governing body with their recommendations as to modifications, additions or alterations of such plat data.
5. In addition, as a minimum, the following checks of the preliminary plat shall be made by:
a. The Engineering Department:
(1) Drainage.
(2) Street layout and proposed street grades.
(3) Type of paving.
(4) Boundary lines.
(5) Monuments and bench marks.
(6) Location and size of alleys.
(7) Availability of adequate water and sewer mains to the subdivision.
(8) Water system layout and fire hydrant locations.
(9) Sanitary sewer easements.
(10) Septic tank design and percolation test results.
b. The Building Inspector: Occupancy regulations and requirements.
c. The Zoning Administration:
(1) Building lines and setback requirements.
(2) Zoning district requirements and regulations.
(3) Proper ownership information (title information).
d. The Tax Department:
(1) Lot and block numbers.
(2) Street numbering layout.
(3) Street names.
6. Twenty one (21) working days after the filing of formal written application for preliminary plat, the Planning and Zoning Commission shall either a) conditionally approve or disapprove the preliminary plat, or b) conditionally approve the preliminary plat with modifications.
7. Following the preliminary plat review meeting with the developer, City Manager, City Engineer and all concerned department heads, the developer may file a formal written application for preliminary plat approval with the City Secretary as agent for the Board of Commissioners.
8. Conditional approval of a preliminary plat by the Board of Commissioners shall be deemed an expression of approval of the layout submitted on the preliminary plat as a guide to the installation of streets, water, sewer and other required improvements and utilities and to the preparation of the final or recorded plat. It is during this preliminary stage that if a proposed ETJ plat reflects an intent to interconnect their private development to the City’s corporate infrastructure, then the City’s shareholders (taxpayers) have determined through their duly elected Board of Commissioners that mandating a voluntary annexation request is a reasonable, logical, and just measure to have the incoming users cost- participate in the infrastructure’s further investment to be maintained, improved, and expanded. Staff will alert the developer and/or the project representative of the mandate to provide a written voluntary request.
9. Conditional approval of a preliminary plat shall be effective for no more than six (6) months until the final plat is filed for approval and unless reviewed by the governing body in the light of new or significant information which would necessitate a revision of the preliminary plat. If the governing body should deem changes in a preliminary plat as necessary, it shall so inform the subdivider in writing.
10. If no circumstances have occurred which would affect the proposed plat within six (6) months of the effective approval of the preliminary plat, the governing body may, upon the application of the subdivider, extend the approval for an additional six (6) months. At the end of this six (6) month extension, the preliminary approval is revoked, in writing, by the City to the subdivider.
11. The Planning and Zoning Commission shall certify:
a. That it has reviewed the preliminary plat; and
b. As to its recommendation to the Board of Commissioners for conditional approval, disapproval or conditional approval with modification.
12. The Board of Commissioners shall certify the preliminary plat stating its decision to conditionally approve, disapprove or conditionally approve with modifications.
G. City Secretary's Responsibility: The City Secretary shall:
1. Receive the subdivision plats submitted along with the processing fee and ensure that a subdivision application is completed.
2. Provide the developer with a copy of the City's subdivision ordinance.
3. Make sure that the subdivision plat is submitted twenty one (21) working days prior to being placed on the Planning and Zoning Commission agenda for consideration.
4. Advise developer that lots may not be sold until final plat approval has been granted.
H. General Approval Process To Be Followed:
1. Time log/check list is prepared by City Secretary twenty one (21) working days prior to the plat being placed on the Planning and Zoning Commission agenda for the first time.
2. Copies of subdivision plat and construction documents are to be provided to the Public Works Director, Fire Marshal, Police Chief and City Inspector (when applicable) for comments. This is to be done within two (2) working days of having received the plat for review.
3. Reviewed plats are to be returned to the City Secretary by each department head with comments within two (2) working days of having been received.
4. The City Secretary provides subdivision plat, construction documents and comments received from department heads to City Engineer for review within two (2) working days of having been submitted by the department heads.
5. After first review of plat, City Engineer provides City Secretary with plat status report within six (6) working days after having received the plat.
6. City Secretary provides plat status report to developer or his engineer for compliance, within two (2) working days, after having received the report from the City Engineer.
7. Revised plats must be resubmitted by developer to City Secretary within six (6) working days after having received status report.
8. City Secretary provides revised subdivision plat to City Engineer for second review within two (2) working days after revised plat is submitted.
9. City Engineer presents second plat status report to City Secretary within four (4) working days after receiving revised plat, and
a. If second status report indicates that plat is in compliance with the subdivision ordinance, the subdivision plat is presented to the Planning and Zoning Commission for consideration; or
b. If second status report indicates that plat is incomplete:
(1) Plat is returned to the developer or his engineer for further review until ready to be presented to the Planning and Zoning Commission for consideration, or
(2) Plat is presented to the Planning and Zoning Commission as an incomplete plat if so requested by the developer.
10. After a plat is considered by the Planning and Zoning Commission, said plat is presented to the Board of Commissioners for consideration along with a recommendation from the Planning and Zoning Commission to approve as presented, to approve with conditions, to disapprove for noncompliance, or other. (Ord. 90-02, 6-5-1990; amd. 1994 Code; Ord. 16-07-17, 7-18-2017; Ord. 09-02-21, - -2021; Ord. 19-04-21, - -2021; Ord. 27-04-23, 4-18-2023)