Loading...
(A) A filed plat shall be required in accordance with the procedures outlined in this chapter in the following circumstances:
(1) Subdivision of land into two or more parts;
(2) Changing the configuration of existing filed plats;
(3) Division of land where there is no access to the tract(s);
(4) Division of land where new public infrastructure is required; or
(5) Prior to obtaining building permits on unplatted lots.
(B) If the Director of Planning and Development or his or her designee determines that a plat or replat is required, no building permit shall be issued by the city until satisfactory compliance is achieved.
(C) The subdivider, developer or person requesting plat approval will be required to install, at his or her own expense, all water lines, streets, street signs, sewer lines, storm sewer lines, drainage facilities and structures within the subdivision, in accordance with city standards governing the same, including all engineering costs covering design, layout and construction. When a street pavement of a greater width than 42 feet, back of curb to back of curb, is required by the city, the city shall pay the cost of paving the additional width and associated costs. There will be no participation by the city in the cost of any of the underground utility lines or drainage facilities, within the subdivision, except in the event of the requirement for oversize mains to serve land areas and improvements beyond the subdivision in question or to serve other subdivisions. The city’s participation will be considered individually, upon the merits of each facility and the condition involved, and shall be in accordance with policies set forth by the City Council. All utility mains will be sized to meet the acceptable services/pressures adopted by the city. The city will not participate in water mains eight inches or larger in diameter and sewer mains eight inches or larger in diameter unless these mains are required by the city for future expansion and which are not required to serve the development in question with acceptable services/pressures adopted by the city.
(Ord. 2010-08, passed 3-9-10)
The developer or his or her authorized representative must be present at all Planning and Zoning Commission Meetings and City Council meetings at which his or her plan or plat is on the agenda for discussion or action. Failure of the developer or his or her authorized representative to appear before the Planning and Zoning Commission or City Council during a meeting on which the plan or plat is on the agenda for discussion or action may be deemed a withdrawal of the plat or plan.
(Ord. 2010-08, passed 3-9-10)
The provisions of this chapter do not apply to:
(A) The division of land within city limits or extraterritorial jurisdiction (ETJ) by metes and bounds in parcels five acres or more where each parcel has access to a public street and no public improvement is required;
(B) Cemeteries complying with all state and local laws and regulations;
(C) Divisions of land created by a court of competent jurisdiction;
(D) The use of two or more platted lots to create a larger development site:
(1) The proposed use is the same as that for which the subdivision was platted by the subdivider (i.e., in R-l zoning district, only one home may be constructed on both adjoining lots);
(2) No increase is anticipated in the estimated traffic generation or utility demands; and
(3) Off-site storm water runoff is neither increased nor concentrated.
(E) The division of an existing legal lot, the division being caused by the city’s acquisition of a part of the legal lot, when the Council finds that the acquisition by the city is in the best interest of the public health, safety and welfare of the citizens of Harker Heights and/or its extraterritorial jurisdiction.
Upon the Council so finding, the resulting parcels shall be deemed to constitute legal lots for the purposes of developing under the requirements of this chapter and other applicable city regulations. In creating the division, the Council is empowered to attach to the resulting parcels acquired by the city, and the remainder parcels not acquired by the city upon agreement with the owner, such conditions as it finds reasonable and necessary to offset any adverse effects resulting from the city’s acquisition as a part of the original legal lot, in so far as any such condition is not contrary to the spirit and intent of the ordinance.
(Ord. 2010-08, passed 3-9-10)
Loading...