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In interpreting and applying the provisions of this subchapter, they shall be held to be the minimum requirements for the promotion of the public safety, health, convenience, comfort, prosperity or general welfare. It is not intended by this subchapter to interfere with or abrogate or annul any easements, covenants or other agreements between parties, provided, however, that where this subchapter imposes a greater restriction upon the building or premises or upon height of building, or requires larger open spaces than are imposed or required by other ordinances, rules, regulations or by easements, covenants or agreements, the provision of this subchapter shall govern.
(Ord. 3-86, passed 6-12-1986)
PLATS AND SUBDIVISIONS
(A) In the interpretation and application of the provisions of this subchapter, it is the intention of the City Council that the principles, standards and requirements provided for herein shall be minimum requirements for the platting and developing of subdivisions in the city and in its extra-territorial jurisdiction; and, where other ordinances of the city are more restrictive in their requirements, those ordinances shall control.
(B) The procedure and standards for the development, layout and design of subdivisions of land within the corporate limits and within the extra-territorial jurisdiction of the city are authorized by Tex. Loc. Gov’t Code, Ch. 212.
(C) The extra-territorial jurisdiction of the city is now one-half mile from the corporate limits. As the city grows, the extra-territorial jurisdiction will be extended in accordance with Tex. Loc. Gov’t Code, Ch. 43 and the requirements of this subchapter shall be extended into any and all new areas of extra-territorial jurisdiction.
(Ord. 11-5-98, passed 11-5-1998)
For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. Definitions not expressly prescribed herein are to be determined in accordance with customary usage in municipal planning and engineering practices.
CITY ENGINEER. The city’s on-staff engineer or consulting engineer.
COUNCIL. The City Council of Godley, Texas.
EASEMENT. A right granted for the purpose of limited public or semi-public use across, under or over private land.
FILING. The state mandated 30-day period for action on any document submitted in accordance with this subchapter under Tex. Loc. Gov’t Code, § 212.009 shall begin when:
(1) The preliminary plat is deemed filed when all fees, documents and drawings required hereunder are filed with the City Secretary;
(2) The final plat is deemed filed when the approved preliminary plat along with any stipulations and/or conditions required by the Commission have been filed with the City Secretary as a final plat and when all necessary fees, documents, certifications and drawings required hereunder are in the possession of the City Secretary;
(3) If at any time the City Secretary deems that required information has not been provided for whatever reason, the filing shall be deemed canceled and begin again upon the filing of the required information; and
(4) A rejected document, during the appeal, is deemed unfiled and time limits are tolled (the appeal will be heard at the next meeting of the Commission or Council or ten days, which ever is shortest).
FINAL PLAT. A complete and exact subdivision plan submitted to the Council for final approval and which, if approved, shall be submitted to the County Clerk of Johnson County, Texas, for recording.
LOT. Any land occupied by a building and its accessory buildings, including such open space as is required by ordinances of the city; and having its principle frontage upon a public street or officially-approved place.
LOT OF RECORD. Any lot which is part of a subdivision, the plat of which has been recorded in the office of the County Clerk of Johnson County.
PUBLIC WORKS DIRECTOR. The person designated by the Mayor to administer the provisions of this subchapter.
STREET. A way for vehicular traffic, whether designated a street, highway, thoroughfare, parkway, throughway, road, avenue, boulevard, lane, place or however otherwise designated.
(1) ARTERIAL STREETS AND HIGHWAYS. Those which are used primary for fast or heavy traffic or which are designated in the Master Plan as a primary street, expressway or freeway.
(2) COLLECTOR STREETS. Those which carry traffic from minor streets to a major system of arterial streets and highways, including the principle entrance streets of a residential development and streets for circulation within the development and which are designated in the Master Plan as secondary streets.
(3) CUL-DE-SAC. A short, minor street having but one vehicular access to another street and terminated by a vehicular turn-around.
(4) DEAD-END STREET. A street with only one opening, other than a cul-de-sac.
(5) MARGINAL ACCESS STREETS. Minor streets which are parallel and adjacent to arterial streets and highways, and which provide access to abutting property and protection from through traffic.
(6) MINOR STREETS. Those which are used primarily for access to abutting property.
STANDARD. The official city maps, master plan, ordinances and other specifications of the city.
SUBDIVISION AND RELATED TERMS. The division of a parcel of land into tracts of land; the dedication of streets or easements; or for use for building development, provided that a division of land for agricultural purposes into lots or tracts of five acres or more, and not involving a new street or alley, shall not be deemed to be a subdivision. The term RESUBDIVISION and, when appropriate to the context, shall relate either to the process of subdividing or to the land subdivided. The terms SUBDIVIDER and DEVELOPER are synonymous and are used interchangeably and shall include any person, partnership, firm, association, corporation and/or any officer, agent, employee, servant and trustee thereof who does, or participates in the doing of, any act towards the subdivision of land within the intent, scope and purview of this division.
(Ord. 11-5-98, passed 11-5-1998; Ord. 02032015-SUBD, passed 2-3-2015)
The subdivider shall avail themselves of the advice and assistance of the city officials and consult early and informally with the Public Works Director, or other person designated, before preparing the preliminary plat and before formal application for its approval in order to save time and money and make the most of available opportunities.
(Ord. 11-5-98, passed 11-5-1998)
(A) A subdivider is encouraged to work with city staff in advance of presenting a preliminary or replat to the city for filing. Prior to the city accepting a preliminary plat or replat for filing it must be in compliance with this subchapter and contain all statutory and ordinance required information. It must be accompanied with all necessary fees and documentation. This prefiling review is recommended, but not mandatory. This administrative review is for form and not content. After the preliminary plat or replat has been reviewed as to form by staff, the subdivider shall be notified of any defects that must be corrected prior to filing. The original or corrected preliminary plat or replat shall be received for filing by the city once this prefiling review is completed. Any preliminary plat or replat that is filed without prefiling review, shall be deemed denied for any violation of required form under this subchapter or state law; and must be refiled with new filing fees. The preplatting process is for the benefit of both the subdivider and the city; and refusal of the subdivider to make use of this assistance will result in a strict interpretation of this subchapter and of state law and a resulting denial for all violations as to required form.
(B) During the platting process, any final plat, preliminary plat or replat that is discovered to be in violation of the mandatory requirements of this subchapter and/or a controlling state statute, by city staff or the engineer named by the city to review the instrument, shall be deemed to be in technical denial. This denial can be cured by the subdivider requesting in writing a return to an unfiled status, while the defect is corrected (the corrected instrument may be refiled and no new fees shall be required for this refiling); or an appeal to the reviewing entity (Planning Commission or City Council) at its next meeting, agenda requirements permitting, or a special called meeting for this purpose within ten working days of the staff denial, for a determination if the defect is of form or concept. If the reviewing entity agrees with the subdivider, the plat, preliminary plat or replat shall be deemed refiled as of the day of the affirmative vote and no new fee shall be required for this refiling. If denied, then the technical denial is affirmed and plat, preliminary plat or replat is deemed to be formally denied.
(C) All plats, replats and associated materials required to be submitted for plat approval shall be received in the office of the City Secretary not later than 3:00 p.m., 14 calendar days prior to the next regular meeting of the Planning and Zoning Board of the city. The City Secretary shall distribute copies of the Subdivision to the Public Works Director and Engineer. In the event a submission is required to be revised, such revision shall be submitted to the City Secretary not less than five working days prior to the Board meeting at which the submission is scheduled to be heard. Otherwise, any such plat shall be deferred to a later Board meeting.
(D) The final plat shall only be filed after all engineering plans have been reviewed and approved (or conditionally approved) by the Public Works Director and/or City Engineer.
(E) Copies:
(1) Preliminary plat. Three copies of the preliminary plat and supplemental materials specified shall be submitted to the city with the filing fee as provided herein; along with written application for approval prior to the Council meeting at which it is to be considered.
(2) Final plat. Three copies of the final plat and supplemental materials specified shall be submitted to the city with the filing fee as provided herein, along with written application for approval prior to the Council meeting at which it is to be considered.
(Ord. 11-5-98, passed 11-5-1998; Ord. 02032015-SUBD, passed 2-3-2015)
(A) Preliminary plat. Upon reaching conclusions informally (as recommended in § 154.042 above) regarding the general proposed program and objective, the subdivider shall prepare a preliminary plat (see § 154.045), together with improvement plans and other supplemental material as applicable in other sections of this subchapter.
(1) The Public Works Director, or other person so designated, shall make a study of the plat and give a report to the Board before its final action on the preliminary plat.
(2) Following a review of the preliminary plat and other materials submitted for conformity thereof to the regulations, and following negotiations with the subdivider on changes deemed advisable and the kind and extent of improvements to be made by the subdivider the Board shall:
(a) Within 30 days after the filing of the preliminary plat, act thereon as submitted or modified; and
(b) If approved, submit the preliminary plat to the Council for approval;
(3) The Council shall approve, conditionally approve or disapprove the plat. The action of the Council shall be noted on two copies of the preliminary plat, referenced, and attached to any conditions required by the Council. Action of the Council shall be certified by the Mayor. One such copy of the plat shall be returned to the subdivider and the other retained in the files of the city.
(4) Conditional approval of a preliminary plat by the Council shall be deemed an expression of approval as to the layout submitted on the preliminary plat and as a guide to the installation of streets, water and sewer, and other required improvements and utilities, and also as to the preparation of the final or record plat. Except as provided for herein, approval of the preliminary plat shall constitute conditional approval of the final plat when all conditions of approval noted have been met.
(5) Conditional approval of a preliminary plat shall be effective for one year unless reviewed by the Council in the light of new or significant information which would necessitate the revision of the preliminary plat. If no development or change in requirement has occurred which would affect the proposed plat at the end of the year of an effective approval, the Council may extend its approval another year without the submission of a new preliminary plat by again approving the original preliminary plat. No filing fee is required for approval.
(B) Approval of final plat.
(1) Upon approval of the preliminary plat the subdivider shall prepare a final plat (see § 154.046 below). The final plat shall conform to the preliminary plat as approved and shall incorporate all changes, directions, and additions imposed by the Council. The final plat shall not be released for filing until detailed engineering plans have been approved or conditionally approved by the Public Works Director and/or City Engineer.
(2) If so desired by the developer, the final plat may constitute only that portion of the approved preliminary plat which is proposed to be recorded and then developed; provided, however, that such portion conforms to all the provisions of this subchapter.
(3) Engineering plans showing details of streets, culverts, bridges, storm drainage, water mains, sanitary sewers and other engineering details of the proposed subdivision shall be submitted to the Public Works Director along with the final plat of the subdivision. Such plans shall be prepared by a registered professional engineer and shall conform to the design standards established by the city.
(4) Upon receipt of the final plat, accompanied by a final filing fee as prescribed herein, the Public Works Director shall check the plat to ascertain its compliance with these provisions and the action of the Council. When the copy of the final plat has been checked and found to meet all the general requirements and design standards, the developer, or his or her engineer, shall submit ten copies of the final plat to the Public Works Director. The Public Works Director shall stamp on each of the ten copies the certificate of approval of the Council when the final plat has been approved. The developer, or his or her authorized agent, shall secure the required number of plats, and record them with the County Clerk, Johnson County, Texas, within 30 days of the date of the final approval, otherwise the final approval of the Council shall become invalid. Six copies of the recorded final plat shall be returned immediately to the Public Works Director.
(5) Subdivision plats for housing projects, apartment areas, shopping centers and industrial districts are required when there is to be a dedication of streets and/or easements. Site plans shall be filed with the city for approval by the City Council as required by zoning ordinances.
(Ord. 11-5-98, passed 11-5-1998)
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