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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)
(A) Purpose. The preliminary plat is intended to show all the planning factors necessary to enable the proper approving authorities to determine whether the proposed plan for land development is satisfactory from the standpoint of public interest and complies with city ordinances.
(B) Physical size. The preliminary plats shall be prepared on sheets a maximum size of 24 inches by 36 inches, regardless of the size of the subdivision.
(C) Scale. The preliminary plat shall be drawn to a scale of one inch equal to 100 feet or one inch equal to 50 feet; provided, that under special conditions, a smaller or larger scale may be accepted when prior approval of the Public Works Director has been obtained.
(D) Contents.
(1) Ownership and identification.
(a) Name of subdivider, record owner and volume and page of record ownership in the Johnson County Deed Records, and land planner, engineer or surveyor;
(b) Proposed name of the subdivision;
(c) Location of subdivision by city, county and state;
(d) Key map showing location of tract by reference to existing streets or highways;
(e) Date of preparation, scale of plat and north arrow;
(f) Subdivision boundary lines, indicated by heavy lines and the computed acreage of the subdivision;
(g) Names of the owners of contiguous parcels of unsubdivided land, the names of contiguous subdivisions and the lot patterns of these subdivisions shown by dotted or dashed lines;
(h) Location of the city limit lines, if they traverse the subdivision or form part of the boundary of the subdivision or are contiguous to the boundary; and
(i) The street intersections on the perimeter of the subdivision shall be shown.
(2) Existing conditions.
(a) The location, dimensions, name and description of all existing or recorded public and private rights-of-way, including easements, within the subdivision as well as those intersecting or contiguous with its boundaries or forming the boundaries;
(b) The location, dimensions, identification or name of all existing or recorded residential lots, parks and public areas within the subdivision;
(c) Permanent structures and uses within the subdivision, including location of houses, barns, walls, wells, tanks and other significant features that will remain;
(d) The location, dimensions, description and flow line of existing drainage structures and the location of flow lines and flood plain. Areas which will be inundated by 100-year flow as defined by the latest revision of the applicable Federal Emergency Management Agency’s flood insurance rate maps (FIRM) and flood boundary and floodway maps must be clearly shown;
(e) Utilities on the tract or contiguous thereto, specifying size of lines;
(f) Topography shown by contour lines on a basis of two feet vertical intervals. All elevations on the contour map shall be referenced to the latest U.S.C. and G.S. data; and
(g) If there is no adjacent subdivision, a map on a small scale shall be included with the preliminary plat, and oriented the same, to show the nearest subdivision in each direction; it shall show how the streets, alleys or highways in the subdivision submitted may connect with those in the nearest subdivision, if it affects the subdivision design.
(3) Proposed layout.
(a) The location, dimensions, description and purpose of all proposed alleys, drainage ways, parks, open spaces, other public areas, easements, streets, rights-of-way, blocks, lots and other sites within the subdivisions;
(b) A number or letter to identify each lot or sites and each block and the proposed name of each street in the subdivision;
(c) Data specifying the gross area of the subdivision, the proposed number of residential lots, the area and dimensions of each lot, the area in residential use and the approximate area in parks, streets and in other nonresidential uses;
(d) All building setback lines on all lots and tracts; and
(e) A "preliminary drainage study" submitted for approval concurrent with the submittal of any preliminary plat to the city.
(E) Substantial changes. If substantial changes are made in a preliminary plat after its approval, a revised preliminary plat shall be prepared and submitted for approval prior to the preparation of the final plat.
(F) Revised preliminary plat.
(1) Required. If the proposed replat significantly changes street right-of-way location or width, substantially increases the number of lots and would have a substantial impact on city services, drainage or adjacent properties, a revised preliminary plat will be required. The preliminary plat revision shall include all the area within the limits of the original preliminary plat except those areas which have unexpired final approval.
(2) Waiver of revised preliminary plat. The requirement of a revised preliminary plat may be waived when the plat revision is without significant change.
(G) Effect of disapproval. After disapproval of the preliminary plat, the subdivider may, at any time, submit a new design for city consideration following the same procedure as required for the original application. No resubmission and no new fee shall be required when city disapproval is for the purpose of further study or hearing by the city; provided, that any such resubmission shall be made within 45 working days after disapproval unless a longer resubmission period is specifically authorized.
(A) Purpose. The final plat is that instrument which becomes the official accurate, permanent record of the division of land. It shall conform to the preliminary plat. The final plat shall be clearly and legibly drawn on reproducible material and shall be certified as hereinafter provided. It may include all or only a portion of the area of the approved preliminary plat. No subdivision plat may be recorded and no lot therein may be sold until a final plat has been signed and recorded. Any plat not clearly and legibly drawn shall be rejected.
(B) Physical size. As required by Johnson County.
(C) Scale. The final plat shall be drawn to a scale of one inch equal to 100 feet or one inch equal to 50 feet; provided, that under special conditions, a smaller or larger scale may be accepted when prior approval of the Public Works Director has been obtained.
(D) Final plat.
(1) The final plat shall contain the following information:
(a) Title or name of subdivision, written and graphic scale, north arrow, date of plat and key map to reference existing or proposed streets or highways;
(b) Location of the subdivision by city, county and state;
(c) Primary control points or descriptions and ties to such control points, to which dimensions, angles, bearings and similar data on the plat shall be referred. At least one corner of a subdivision shall be tied by course and distance to one or more of the following:
1. A corner of the survey or tract or original corner of the original survey in which the property is located;
2. A corner of a platted lot; or
3. A block corner or subdivision corner of an adjacent or nearby platted subdivision.
(d) A metes and bounds description of the tract, tract boundary lines, right-of-way lines to streets, easements and other rights-of-way, property lines and building setback lines. The descriptions shall reference all field markers as either found or set by the surveyor. Description shall include size of subdivision in acres and square feet, official name of subdivision, abstract references, name of current owners, date of previous transfer and volume and page of previous transfer;
(e) Adequate relocation data in order to reproduce the subdivision on the ground. All lot corners, right of way and inflection points shall be field marked by a public surveyor registered in the state. The markers shall be at least five-eighths inch iron rods, six feet: deep or five-eighths-inch iron rods embedded to a depth of three feet in concrete (six-inch minimum diameter). All markers shall be flagged with surveying marking tape;
(f) Approved name and right-of-way width of each street as measured from center line;
(g) Locations, dimensions and purposes of any easements or other rights-of-way;
(h) Identification of each lot or site and block by letter or number;
(i) Boundary lines, dimensions and names of open spaces to be dedicated for public use or granted for the private use and private maintenance of the inhabitants of the subdivisions;
(j) Reference to recorded subdivision plats of adjoining platted land by record name, County Clerk’s volume and page numbers and reference by record name of ownership of adjoining unplatted property;
(k) Total number of lots and total acreage contained in the subdivision and the area, in square feet, of each lot; and
(2) The final plat shall also include reproducible acknowledgment, endorsements and certifications which includes the following:
(a) A certificate of ownership giving a metes and bounds description of the property, dedication of all streets, alleys, parkways and parks where donated to the city, and dedication or reservation of all easements and drainage ways to the public use (signed and acknowledged before a notary public by the owner of the land) shall appear on the face of the plat or on the index sheet of the plats where two or more sheets are required;
(b) Surveyor’s certificate which states that all information shown is based on a field survey performed under the direction of the surveyor and accurately represent the property. The statement must include date, signature and current Texas registration seal of the surveyor. The certificate of the surveyor to be placed on the plat shall be worded as shown below.
KNOW ALL MEN BY THESE PRESENTS:
That I, _____________________________________________, do hereby certify that I prepared this plat from an actual and accurate survey of the land and that the corner monuments shown thereon were properly placed, under my personal supervision, in accordance with the subdivision regulations of the City of Godley, Texas.
Signed: ____________________________________________________
(Name and Title)
(c) Planning and Zoning Board approval certificate with signature blank for Chairperson, including date of approval (may not be necessary for some replats);
(d) City Council approval statement with blank for Mayor’s signature and date of acceptance; and
(e) Notary certificates’ and seals for owner’s signature and dedications.
(3) The final plat shall include, as attachments, all engineering plans and specifications for any public improvements to be incorporated into the subdivision as a part of the development. Such shall include, but not be limited to, all streets, sidewalks, storm drainage system and appurtenances, water and sewer systems and appurtenances and the like. The plans shall be stamped, signed and dated by the design engineer. The engineer shall be currently registered for the design in the state.
(4) Developer shall provide a copy of the deed restriction certification statement.
(5) Tax statement: at the time the developer files the final plat with the Public Works Director, the developer shall (when required to do so) also file a certificate showing that all taxes have been paid on the tract to be subdivided and that no delinquent taxes exist against the property.
(Ord. 11-5-98, passed 11-5-1998)
(A) Restrictions. Property shall not be replatted which has been previously platted by a common dedication except in compliance with the Texas Local Government Code.
(B) Requirements. The replat of the subdivision shall meet all the requirements for a new subdivision that may be pertinent, as provided for herein. It shall show the existing property being re-subdivided. No preliminary plats will be required on replats.
(C) Plat vacation. The following must be submitted prior to placement of the plat vacation request before the City Council for consideration.
(1) Plat vacation fee. A plat vacation processing fee shall be established by the City Council. This fee shall be paid upon submittal of the plat vacation request and shall not be refunded under any circumstance.
(2) Utility company approval. The signature of approval of all applicable utility company representatives must be on the vacating instrument. Any easements that have improvements in them must be dedicated by separate instrument prior to the recording of the plat vacation instrument.
(D) Vacation of entire plat. The owner(s) of the tract(s) covered by a plat may vacate the plat by submitting a plat vacation request signed by all owners. Such request shall be provided to the City Council for consideration.
(E) Vacation of a portion of a plat. Any portion of a plat may be vacated upon the application of all current owners of property in the original plat. Such request shall be submitted to City Council for consideration. A public hearing shall be held by the City Council prior to approval of the plat vacation. Notice of the hearing shall be given before the fifteenth day before the date of the hearing by:
(1) Publication in the official newspaper; and
(2) Written notice to the owners of property in the original plat. The written notice shall be given by depositing the notice in the U.S. Mail, properly addressed with postage prepaid.
(F) Effect of plat vacation. Upon the execution and recording of the vacation instrument, the vacated plat or portion thereof shall have no effect.
(Ord. 11-5-98, passed 11-5-1998; Ord. 12-2023-103, passed 12-5-2023) Penalty, see § 10.99
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