(a) Concept plan.
(1) Applications. All concept plans shall include the following at the time of filing:
a. Approved master water study;
b. Approved master wastewater study; and
c. Approved master drainage study;
(2) Review. The DRC shall review the concept plan to determine the relationship of proposed traffic-ways to existing neighborhood circulation patterns; compliance with this chapter; the master thoroughfare plan; the comprehensive plan; parks and recreation policies; Meacham, Alliance and Spinks Airport controls; and other city codes, ordinances, policies, rules or regulations; and the need for other public facilities.
(3) Approval.
a. The plan commission shall review all concept plans. The decision of the plan commission is final.
b. Approval by the plan commission shall permit the submission of preliminary plats in stages that are in conformity with the approved concept plan and this chapter, City of Fort Worth development policies. Approval of a concept plan shall not prevent the plan commission from approving concept plans and plats on adjacent properties that are not consistent with the concept plan, or from disapproving future preliminary plats that do not comply with the approved concept plan. Before any inconsistent concept plan or plat is approved on adjacent property, the plan commission shall give written notice to the current property owner and to the applicant who filed the previously approved concept plan.
(4) Conditional approval. Concept plans conditionally approved shall follow the process provided in § 31-5(c).
(5) Withdrawal of approval by plan commission. Approval or conditional approval of a concept plan is voidable or subject to amendment at any time, after a public hearing by the plan commission, if the applicant causes a material change in the approved concept plan.
(6) Expiration. A concept plan shall expire on the fifth anniversary of the date the plan was approved by the plan commission if no progress has been made towards the completion of the project. Progress towards the completion of the project shall include any one of the following:
a. An application for a final plat or plan is submitted;
b. A good-faith attempt is made to file with the city or other regulatory agency for a permit necessary to begin or continue towards completion of the project;
c. Costs have been incurred for developing the project, including costs associated with roadway, utility and other infrastructure facilities designed to serve the project in the aggregate amount of 5% of the most recent appraised market value of the real property of the project;
d. Fiscal security is posted; or
e. Utility connection fees or impact fees for the project have been paid.
(b) Preliminary plat.
(1) Applications and engineering documents. All preliminary plat applications shall include the following at the time of filing:
a. An approved drainage plan and study, including the 100-year floodplain, and any existing or proposed drainage easements affecting the plan;
b. An approved comprehensive water study;
c. An approved comprehensive wastewater study;
d. Preliminary location of water wells serving the site, if not served by a public domestic water supply and distribution system. Subdivisions with three or more lots may show a typical location detail on the plat, with dimensions to the nearest proposed sanitary waste disposal field or facility. The county health department and city transportation and public works department shall each receive a copy of planned locations. Documentation of approved well sites and on-site waste disposal acres shall be provided from the county health department; and
e. An approved Traffic Impact Assessment Study;
f. Proof that the property is properly zoned for the project or a copy of the application for a zoning change or board of adjustment application;
g. Approved Master Thoroughfare Plan amendments or a copy of the application for approval;
(2) Review. The DRC shall review the preliminary plat to determine the relationship of proposed traffic-ways to existing neighborhood circulation patterns; compliance with this chapter; the master thoroughfare plan; the comprehensive plan; parks and recreation policies; Meacham, Alliance and Spinks Airport controls; and other city codes, ordinances, policies, rules or regulations; and the need for other public facilities.
(3) Approval.
a. The plan commission shall review preliminary plats requesting a waiver. The decision of the plan commission is final.
b. The plan commission shall determine that the plat meets the following city requirements prior to preliminary plat approval:
1. City's subdivision regulations;
2. Conformance with the zoning ordinance and district regulations governing the plat, including proper zoning of the plat to be in place prior to final plat approval;
3. Conformance with the latest adopted comprehensive plan of the City of Fort Worth, with regards to current and future streets, alleys, parks, playgrounds and public utility facilities;
4. Conformance with the latest adopted master thoroughfare plan and related street standards as determined by the city traffic engineer;
5. Conformance with city adopted park dedication policies;
6. Conformance with the city and/or county regulations (whichever is applicable) for the safe and adequate provision of water supply and sanitary waste collection and disposal;
7. Conformance with adopted federal, state, county and city stormwater management regulations;
8. Conformance with the city's latest adopted airport controls and master plans for Spinks, Alliance and Meacham Airports; and compliance with related Federal Aviation Regulations (FAA) to mitigate potential adverse safety impacts to other nearby surrounding regional satellite airports; and with the U.S. Government Naval Air Station/Joint Reserve Base (aka Carswell AFB); and
9. Conformance with a previously approved concept plan.
(4) Conditional approval. Preliminary Plats conditionally approved shall follow the process provided in § 31-5(c).
(5) Changes or alterations to approved plat.
a. No previously approved plat may be changed or altered, except to bring the plat in conformance with the conditions and requirements stipulated by the commission. Minor changes as outlined below shall be permitted at the discretion of the executive secretary.
1. The proposed internal street and/or circulation system and alignments may be altered if minor in nature. Changes to street classifications, connections to perimeter streets, or extensions to the subdivision's perimeter to un-subdivided property shall not be considered minor alterations.
2. A net increase, not to exceed 5% of the total residential lots (rounded to the nearest whole number) in the overall lot yield of the approved preliminary plat may be made, except as elsewhere prohibited by these regulations.
b. If the executive secretary determines that the proposed changes are minor, a revised preliminary plat may be approved administratively. A revised preliminary plat shall include all property within the boundary of the original preliminary plat. A revision to a revised preliminary plat shall not affect the expiration date of the plat and shall carry the same expirations as outlined below.
(6) Expiration.
a. A preliminary plat shall expire two years from the date the plat was approved by the city plan commission unless progress towards completion of the project has been demonstrated prior to that expiration date, or a request for an extension has been made in accordance with subsection (b)(7) below.
b. Progress must be demonstrated by the applicant in writing 30 calendar days prior to preliminary plat expiration. Progress towards the completion of the project shall include any one of the following:
1. An application for a final plat or plan or a portion thereof is submitted;
2. A good-faith attempt is made to file with the city or other regulatory agency for a permit necessary to begin or continue towards completion of the project;
3. Costs have been incurred for developing the project, including costs associated with roadway, utility and other infrastructure facilities designed to serve the project in the aggregate amount of 5% of the most recent appraised market value of the real property of the project;
4. Fiscal security is posted; or
5. Utility connection fees or impact fees for the project have been paid.
c. A final plat that is not recorded in accordance with subsection (c)(2) of this section will not constitute progress.
d. An acceptable demonstration of progress, as determined by the executive secretary, will result in the project being extended five years from the point of progress.
e. Subsequent progress made towards completion of the project, if documented prior to plat expiration, will extend the life of the project for an additional five years from the point of progress.
f. If a new preliminary plat is submitted, a new application and fees will be required and a new maximum two-year period shall begin upon the commission's approval of the newly submitted preliminary plat.
(7) Extension. The applicant may, within 30-calendar days prior to the preliminary plat expiration date, request commission approval for an extension up to a maximum one-year period, provided no plat changes have been made from the original approved plat. Such written request shall be placed on the commission's regular monthly agenda as an "other matters of business" item and no additional application shall be required. If approved, the commission shall set the expiration date of the requested extension for a period of time up to, but not exceeding, one calendar year. Extensions shall not exceed five years total from date of original approval.
(c) Plats (final plats, short form final plats, replats, vacated plats, conveyance plats, and amended plats).
(1) Approval.
a. If the executive secretary determines that the final plat complies with the requirements of this chapter or previously approved preliminary plat, then the executive secretary shall certify the final plat and it shall be recorded.
b. No final plat shall be certified as approved until:
1. All conditions required by this chapter including all plans, design standards and policy manuals incorporated by reference into the subdivision ordinance and other applicable regulations in the city code and the commission have been met;
2. All approvals of outside governmental entities, state agencies, or public utilities are provided to the city;
3. Construction of community facilities necessary to serve the property; execution of a community facilities agreement or similar agreement approved by the city and providing the city with an acceptable financial guarantee, other than a completion agreement; providing the city with any financial guarantee required by the county having jurisdiction in the ETJ per an interlocal agreement under State Senate Bill No. 1445; or the execution of a future improvements agreement and delivering to the city a check for the cost of the public infrastructure covered by the future improvements agreement;
4. The dedication instrument is completed and signed;
5. Any related documents are reviewed and approved; and
6. The commission chairperson's and commission executive secretary's attesting signatures have been placed on the face of the plat.
(d) Construction plans.
(1) Applications. All construction plans shall include the following at the time of filing:
a. IPRC application form and payment of the application fee;
b. Construction plans that are signed and sealed by the engineer of record;
c. Drainage study approved by the city or a copy of the city's determination that the drainage study is not required;
d. Traffic impact assessment study approved by the city or a copy of the city's determination that a traffic impact assessment study is not required;
e. Water and sanitary sewer studies approved by the city, or a copy of the city's determination that a water or sanitary study is not required;
f. Draft horizontal control plan;
g. Approved alignment walks for water, sanitary sewer and stormwater infrastructure or a copy of the city's determination that an alignment walk is not required;
h. Geotechnical report;
i. Proof that the property is properly zoned for the project or a copy of the application for a zoning change;
j. Approved Master Thoroughfare Plan amendments or a copy of the application for approval;
k. Approved street vacations or a copy of the application for approval;
l. Approvals of outside governmental entities or a copy of all applications for approval;
m. Construction plan waivers that have been granted or a copy of the application for each waiver; and
n. A copy of the currently public city construction specifications applicable to the construction plans.
(2) Review. The Infrastructure Plan Review Center shall review the construction plan to determine compliance with: this chapter; other city codes, ordinances, policies, rules or regulations; and county, state, and federal laws.
(3) Approval.
a. The commission or director shall review construction plans requesting a waiver. The decision of the commission or director is final.
b. The commission or director shall determine that construction plans meet the following requirements prior to approval:
1. City's subdivision regulations;
2. Conformance with any approved preliminary plat or final plat;
3. Conformance with city codes, ordinances, policies, rules and regulations;
4. Conformance with county, state, and federal laws.
5. Approval of proper zoning, street vacations, and Master Thoroughfare Plan amendments; and
6. Approval of other governmental entities, when required, have been obtained.
(4) Conditional approval. Construction plans conditionally approved shall follow the process provided in § 31-5(c).
(5) Changes or alterations to approved construction plans. No previously approved construction plan may be changed or altered, except to bring the construction plan in conformance with the conditions and requirements stipulated as part of the approval. Minor field changes shall be permitted at the discretion of the infrastructure plan review center and the construction inspector as long as the field changes do not conflict with the city codes, ordinances, policies, rules, and regulations.
(6) Expiration.
a. A construction plan shall expire two years from the date the construction plan was approved.
b. If a new construction plan is submitted, a new application and application fee will be required and a new maximum two-year period shall begin upon the approval of the newly submitted construction plan.
(e) Closure or vacation of public or private streets, alleys and access easements. Plan commission review process - vacation or closure of streets and alleys.
(1) Eligibility. All applications must conform to the requirements of the city for vacating public or private streets and alley rights of way or public access easements serving more than one property.
(2) Traffic study.
a. As a condition for vacation or closure approval and prior to the commission's public hearing, the director of transportation and public works may require the applicant to submit a traffic study prepared by a professional civil engineer to determine whether or not the requested closure or vacation would have an adverse impact on nearby or neighborhood through traffic and circulation.
b. The study shall be performed and completed in a format as required by the transportation and public works department. The study shall be submitted not less than two calendar weeks prior to the commission's scheduled public hearing. Copies of an executive summary of the traffic study shall also be simultaneously transmitted to the planning and development department for distribution to applicable city departments and the plan commission.
(3) Review. The DRC shall review and make a recommendation to the plan commission on all applications for closure or vacation.
(4) Plan commission approval. After approval by the city plan commission and upon receipt of the required purchase payment for the rights-of-way or access easement established by the property management department, and an acceptable replat has been submitted, the findings and actions shall be certified by the executive secretary and transmitted to the city council for final consideration and action.
(5) Plan commission denial and appeal. If the plan commission recommends denial, the applicant may appeal the decision to the city council by filing a written appeal with the executive secretary of the commission within 12 days after the commission's action. If no appeal is filed, the recommendation of the plan commission shall be final.
(6) Expiration/extension.
a. If a replat application that incorporates the area to be vacated is not submitted within 180 days of the city plan commission recommendation, the commission's recommendation shall expire and be deemed withdrawn.
b. Any city plan commission's recommendation to city council to vacate a public or private street, alley right-of-way or public access easement made prior to June 1, 2010 must be incorporated into a replat recorded by December 31, 2012 or the recommendation of the commission shall expire and be deemed withdrawn.
c. For the expiration of the replat that incorporates the land area to be vacated, see subsection (c), final plats, above.
(f) Vacation and abandonment of public utility, public open space and drainage easements. An application to vacate a public utility, public open space or drainage easement may be vacated by one of the following actions.
(1) Vacation by plat. Unless created by separate instrument, a drainage, public open space or utility easement may be vacated by submitting a plat.
(2) Vacation by separate instrument. Drainage, public open space and/or utility easements may be vacated or abandoned by separate deed instrument approved and executed by the city and recorded in the applicable deed records of the county. The procedures shall be as follows.
a. Application. A completed application shall be submitted to the property management department for review.
b. Accompanying exhibits. Proper exhibits as required by the property management department shall be provided.
c. Abandonment concurrence. All adjacent contiguous property owners that may be affected by the vacation or abandonment of the easement shall provide evidence of concurrence with the vacation.
d. Processing and investigation. The property management department shall notify and provide a copy of the application and exhibits to any affected department, agency or franchised public utility company. After all affected parties have been notified and endorsements received from reviewing city departments and franchised utility companies, the division administrator shall initiate approval by the city council.
e. Recording of instrument. Upon approval, the property management department shall record the abandonment document in the county deed records.
(Ord. 17522, § 5, passed 4-24-2007; Ord. 17794, §§ 3—5, passed 9-25-2007; Ord. 17851, § 1 (App. C, Ch. 4, Art. III), passed 10-30-2007; Ord. 18319-09- 2008, § 9, passed 9-30-2008; Ord. 19156-05-2010, §§ 7, 8, passed 5-18-2010; Ord. 20382-09-2012, §§ 3, 4, passed 9-11-2012; Ord. 21650-02-2015, § 4, passed 2-17-2015; Ord. 23679-06-2019, § 2, passed 6-4-2019; Ord. 23932-11-2019, § 7, passed 11-12-2019, eff. 11-22-2019; Ord. 24457-09-2020, § 5, passed 9-22-2020)