(A) (1) The Commission and the Council act independently of each other in the plat review process, and the approval of the final plat by each body is required. They, or it, as appropriate, may approve, approve conditionally or disapprove a plat. In the case of conditional approval, if the developer does not accept the conditions, the plat shall be disapproved and, in the absence of express disapproval, is deemed disapproved.
(2) If a plat is approved with conditions accepted by the developer, the conditions thence forth shall be and constitute part of the plat, and the plat shall be altered, changed, modified and/or accompanied by such information and other documents as required by the approved conditions.
(B) (1) A final plat shall be filed with the Commission within 12 months after the preliminary plat has been approved by the Council. In the case of staged development, final plats applicable to the balance of the property covered by the preliminary plat shall be filed with the Commission in accordance with the schedule approved by the Commission and the Council in approval of the preliminary plat. The Commission and Council may extend the filing deadlines. If not so filed, the plat and application of the developer shall be deemed abandoned and preliminary plat approvals previously given nullified; except that, final plats already approved shall not be affected by the nullification.
(2) Filing is accomplished by delivering the completed application, the original and requested copies of the final plat to the Building Official, and paying a filing fee established by resolution of the Council. This filing fee is in addition to any filing fee applicable to the preliminary plat application.
(3) The Commission shall, within 30 days after filing, either approve or disapprove the final plat. The final plat is deemed approved by the Commission, unless it is disapproved within the 30-day period or within such longer time as may be agreed upon by the developer and the Commission, per Tex. Local Government Code § 212.009(a).
(4) If the final plat is approved by the Commission, whether the approval will be actual or deemed, then within 30 days after the final plat is approved by the Commission or is deemed approved by the inaction of the Commission, the Council shall either approve or disapprove the final plat. The final plat is deemed approved by the Council, unless it is disapproved within the 30-day period or such longer time as may be agreed upon by the developer and the Council, per Tex. Local Government Code § 212.009(b).
(2012 Code, § 77-58)