The following process shall be utilized to obtain approval of subdivision plats or replats:
(A) Pre-submission conference. Prior to the official filing of a preliminary plat, the subdivider shall confer with and present a proposed plan of subdivision to the Planning Administrator for comments and advice on the procedures, specifications and standards required by the city for the subdivision of land and its conformity to the comprehensive plan.
(B) Preliminary plat review.
(1) Submission requirements. Following the pre-submission conference, all persons desiring to subdivide a tract of land within the city limits or extraterritorial jurisdiction of the city shall first prepare and submit to the Planning Administrator a preliminary plat, not less than ten days prior to any regular Commission meeting at which such plat will be considered. The subdivider shall submit eight copies of the material as indicated in § 155.23(A) of this subchapter. The material will be distributed to various departments or offices for review and comment relative to their specialty or concern. The comments and recommendations from the various departments and offices will be collected and compiled by the Planning Administrator and the plat with all comments and recommendations will be presented to the Commission for its consideration.
(2) Commission review and approval.
(a) Upon receipt of the preliminary plat and other information required by this Code, the Commission shall have 30 days to render a decision. Such decision may consist of approval, disapproval or conditional approval of the preliminary plat. A preliminary plat is considered approved by the Commission unless it is disapproved within 30 days after the date the plat was filed. When a preliminary plat shall have been approved by the Commission, the City Council shall act on the plat within 30 days after the date the plat is approved by the Commission or is considered approved by the inaction of the Commission. A plat is considered approved by the City Council unless it is disapproved within that period.
(b) Conditional approval shall be considered to be the approval of a plat or replat, subject to conformity with prescribed conditions, but shall be deemed to be a disapproval of such plat or replat until such conditions are complied with. All objections made to the preliminary plat, or conditions imposed, shall be furnished to the subdivider. Approval of the preliminary plat shall not constitute acceptance of the final plat.
(c) When a preliminary plat has been approved, the subdivider may thereafter file a final plat of the section or sections intended for immediate development. The remainder of the preliminary plat shall be considered approved or conditionally approved as provided above for a period of one year, and for such additional period as the Commission may elect. Where a preliminary plat has been approved and the subdivider fails to file a final plat of the subdivision or a section thereof within a period of one year, the approval of the primary plat shall be null and void.
(d) The following notice shall be stamped on the face of each preliminary plat: “Preliminary Plat—for inspection purposes only, and in no way official or approved for record purposes.”
(C) Final plat review.
(1) After the foregoing procedures have been complied with in the case of a preliminary plat and it has been approved by the Commission and the City Council, the subdivider shall prepare and submit to the Planning Administrator a final plat not less than ten days prior to any regular Commission meeting. The subdivider shall submit eight copies of the material as indicated in § 155.23(B) of this subchapter.
(2) Upon the filing of the final plat, the Commission shall act on such plat within 30 days after the date the plat is filed. A plat is considered approved by the Commission unless it is disapproved within that period.
(3) The City Council shall act on the final plat within 30 days after the date the final plat is approved by the Commission or is considered approved by the inaction of the Commission. A plat is considered approved by the City Council unless it is disapproved within that period. As provided in Chapter 212 of the Local government code, "plat" includes a replat
(4) On approval of the plat by the City Council, it shall be signed by the Mayor and City Secretary in the space provided for and delivered to the Planning Administrator, who shall hold the approved plat and all copies until one of the following has been complied with:
(a) The city's Planning Administrator has certified to the City Council that all of the improvements required of the subdivider under the terms of this chapter have been completed; or
(b) When the subdivider has furnished the city a surety bond in lieu of any or all of the required improvements, which shall be delivered to the City Attorney for approval. The surety bond shall have attached thereto a copy of the contract for such improvements and such other information and data necessary to determine the validity and enforceability of such bond. When the bond has been examined and approved, the City Attorney shall furnish the City Council with certification that the surety bond is valid and enforceable regarding all improvements required by this chapter still incomplete and for which cash deposit has not been made.
(5) Upon the delivery of the plat by the City Secretary, the same shall be filed with the County Clerk within 30 days.
(`88 Code, Ch. 9, § 5.03) (Ord. 100, passed 12-12-78; Am. Ord. 99-028, passed 12-14-99; Am. Ord. 01-011, passed 7-10-01; Am. Ord. 02-010, passed 3-26-02)
Statutory reference:
Failure of Commission or Council to act on final plat within 30 days constitute approval, see Tex. Local Gov't Code § 212.009