§ 158.07  FINAL PLAT.
   (A)   After the preliminary plat has been tentatively approved, a final plat, in the form of a record plat, shall be prepared in accordance with the conditions of approval and submitted to the city’s engineer and the City Inspector for review and transmission to the City Planning and Zoning Commission. A letter shall be required from any private water supply company prior to final plat approval stating that they have reviewed the water plans and that sufficient volume and pressure for domestic use and fire protection will be provided. Eight prints of the plat and one mylar shall be filed in the office of the City Secretary at least 14 days prior to the meeting at which time final approval is asked. The mylar plat shall be submitted on a scale of 100 feet to one inch and one reduced print shall be of a size which will fit on an 18-inch by 24-inch sheet for filing with the county. The final plat shall show, or be accompanied by the following information:
      (1)   The names of the owner and/or subdivider and of the licensed state and land surveyor responsible for the plat;
      (2)   The name of the subdivision and adjacent subdivisions, the name of streets (to conform whenever possible to existing street names) and numbers of lots and blocks in accordance with alphabetical block arrangement and numerical lot arrangement. In case of branching streets, the lines of departure shall be indicated. (See general requirements);
      (3)   An accurate boundary survey and description of the property, with bearings and distances referenced to survey lines and established subdivisions, and showing the lines of adjacent lands and the lines of adjacent streets and alleys, with their width and names. Street, alley and lot lines in adjacent subdivisions shall be shown in dashed lines. North point, scale and date shall be shown;
      (4)   Locations of proposed lots, streets, public highways, alleys, parks and other features, with accurate dimensions in feet and decimal fractions of feet, with the length of radii and of arcs of all curves, all angles, and with all other engineering information necessary to reproduce the plat on the ground. Dimensions shall be shown from all angle points. For all plats, the boundaries and acreage of the protected floodplain must be shown. All elevations shown shall be referred to sea level datum. All lots or building sites shall conform to the standards prescribed by the zoning ordinance for the district or districts in which the subdivision is located. All streets, alleys, drainage and public utilities shall conform to the specifications of the city;
      (5)   The locations of building lines on front and side streets and the location of utility easements;
      (6)   An instrument of dedication, signed and acknowledged by the owner or owners and by all other parties who have a mortgage or lien interest in the property, showing all restrictions, reservations and/or easements, if any, to be imposed and reserved in connection with the addition. The restrictions shall contain the following provisions, along with any other restrictions which may be imposed: No house, dwelling or unit or other structure shall be constructed on any lot in this addition by the owner or any other person until:
         (a)   Such time as the developer and/or owner has complied with all requirements of the Platting Ordinance of the City of Heath regarding improvements with respect to the entire block on the street and/or streets on which the property abuts (a corner lot shall be regarded as abutting on both intersecting streets adjacent to the lot), including the actual installation of streets, water, sewer, drainage structures, and storm sewers and alleys, all according to the specifications of the City of Heath;
         (b)   Until an escrow deposit, sufficient to pay for the cost of such improvements, as determined by the city’s engineer and/or other designated person, computed on a private commercial rate basis, has been made with the City Secretary, accompanied by an agreement signed by the developer and/or owner, authorizing the city to make such improvements at prevailing private commercial rates, or have the same made by a contractor and pay for the same out of the escrow deposit, should the developer and/or owner fail or refuse to install the required improvements within the time stated in such written agreement, but in no case shall the city be obligated to make such improvements itself. The deposit may be used by the owner and/or developer as progress payments as the work progresses in making such improvements by making certified requisitions to the City Secretary, supported by evidence of work done; or
         (c)   Until the developer and/or owner files a corporate surety bond with the City Secretary in a sum equal to the cost of the improvements for the designated area, guaranteeing the installation thereof within the time stated in the bond, which time shall be fixed by the City Council of the City of Heath.
      (7)   These restrictions with respect to required improvements, are made to insure the installation of the required improvements and to give notice to each owner and to each prospective owner of lots in the subdivision until said required improvements are actually made or provided for on the entire block on the street and/or streets on which the property abuts as described herein and in compliance with the City of Heath specifications;
      (8)   A certificate of dedication of all streets, public highways, alleys, parks and other land intended for public use, signed by the owner or owners and by all other parties who have mortgage or lien interest in the property and acknowledged before a notary public. All deed restrictions that are to be filed with the plat shall be shown or filed separately;
      (9)   A waiver of claim for damages against the city occasioned by the establishment of grades or the alteration of the surface of any portion of existing streets and alleys to conform to the grades established in the subdivision;
      (10)   Certification by a licensed state land surveyor, duly licensed by the state, to the effect that the plan represents a survey made by him or her, and that all necessary survey monuments are correctly shown thereon;
      (11)   (a)   The following certificates shall be placed on the plat after it has been finally approved by the City Council:
I hereby certify that the above and foregoing Plat of _____________ Addition to the City of Heath, Texas, was approved by the Mayor of the City of Heath on the _____ day of ______________, ______.
         (b)   This approval shall be invalid unless the approved Plat for the Addition is recorded in the office of the County Clerk of Rockwall County, Texas, within 365 days from the date of final approval. An extension may be granted by the Planning and Zoning Commission.
         (c)   The addition shall be subject to all the requirements of the Platting Ordinance of the City of Heath.
Witness my hand this the _____ day of ____________, _____.
City Secretary
City of Heath, Texas
      (12)   The following certificates shall be placed on the plat, in a manner that will allow the filing-in of the certificates by the proper party.
         (a)   Recommended for final approval:
 
Chairperson
Date
Planning and Zoning Commission
 
         (b)   Approved:
 
Mayor
Date
City of Heath, Texas
 
      (13)   Final plats shall be accompanied by plan-profile sheets, 24 inches by 36 inches, and platted to a scale of 40 feet to one inch horizontal and five or six feet to one inch vertical, for each proposed street in the subdivision. These plan-profiles shall show the existing ground and the proposed grade at four points of cross section; that is, the back-of-curb lines, and the property lines. The plan portion shall show the size and location of all drainage of flow of all storm water. Plans shall show all public utilities needed to service the subdivision and should accompany the final plat and be approved by the City Engineer and be in compliance with the city standards;
      (14)   Typical cross sections shall be shown of the type and width of paving proposed for the streets. Curbs and gutters, pavement types and drainage structure design standards of the city, in effect at the time of submission of the plat, shall be used, subject to the approval of the city’s engineer and/or Planning and Zoning Commission; and
      (15)   Subdivider’s certificate: The plat shall be accompanied by the following certificate:
NOW THEREFORE KNOW ALL MEN BY THESE PRESENTS:
THAT does hereby adopt this plat designating the hereinabove described property as Rockwall County, Texas, an addition to the City of Heath, Texas, and hereby dedicates to the public use forever the streets shown thereon, and hereby reserves the easement strips shown on this plat for the purposes stated and for the mutual accommodation and use of all utilities desiring or using same. The City of Heath and public utilities shall, at all times, have the full right of ingress and egress to or from their respective easements for the purpose of constructing, reconstructing, inspecting, patrolling, maintaining, reading meters, and adding to or removing all or parts of their respective systems without the necessity of procuring permission from anyone. The City of Heath or Rockwall County will not be responsible for any claims of any nature resulting from or occasioned by the establishment of grades on streets in this subdivision.
Witness my hand this _______ day of __________ 2________,
____________________________________________________
(Subdivider)”
   (B)   After approval of the plat, a copy of the original shall be furnished to the city, complete with all necessary signatures. All figures and letters shown must be plain, distinct and of sufficient size to be easily read, and must be of sufficient density to make a lasting and permanent record.
   (C)   When more than one sheet is used for a plat, a key map showing the entire subdivision at smaller scale with block numbers and street names, shall be shown on one of the sheets or on a separate sheet of the same size.
   (D)   After the final plat has been approved by the Planning and Zoning Commission, the plat shall be submitted to the City Council for approval.
   (E)   (1)   The engineer or surveyor responsible for the plat shall place permanent monuments at each corner of the boundary survey of the subdivision and at the center line intersection point of all streets. These monuments shall be a concrete post, six inches in diameter and two feet long, or other such type of monuments as shall be approved by the City’s Engineer and/or City Manager. The precise point of intersection is to be indented on the top of the monument. Block corners shall be in reference to these monuments and the bearing and distances of the reference lines filed in written form with the city’s engineer and/or City Manager. Top of monuments shall be set to pavement grade in permanent type pavement, two inches below grade in non-permanent type pavements and flush with existing ground level in non-pavement areas. Locations of monuments shall be shown on the final plat.
      (2)   The accurate location, material and size of all monuments shall be approved by the city’s engineer. For all subdivision or developments, global positioning systems (GPS) shall be used to establish the location of a minimum of two corners of the subdivision. The establishing of the location of one additional monument by GPS may be required for each additional 20 acres or fraction thereof for developments that are larger than 20 acres. These monuments shall be tied vertically and horizontally to the city’s existing GPS coordinate system. All GPS coordinates shall be determined such that the maximum error does not exceed 0.05 feet. Elevations and the location of all other subdivision corner monuments shall be established to at least third order accuracy.
      (3)   GPS monuments shall be constructed of a four-inch diameter reinforced concrete monument at least six feet deep set flush with the ground. A brass or aluminum disc shall be set in the top of the monument and shall have the monument number, elevation and registration number of the surveyor stamped in the disc. The surveyor shall determine the Texas State Plan Coordinates and elevation of the monument and file a survey report with the city showing this information.
   (F)   An owner and/or developer can with justifiable reason obtain approval of a section of an addition for which tentative or conditional approval was obtained on a preliminary plat provided he or she meets all the requirements of this chapter with reference to the section in the same manner as is required for a complete addition. In the event a subdivision and the final plat thereof is approved by the City Council in sections, each final plat of each section is to carry the name of the entire subdivision, but is to be distinguished from each other section by a distinguishing subtitle. Block number shall run consecutively throughout the entire subdivision, even though the subdivision may be finally approved in sections. All costs which the city may incur because of this development may be recovered by the city from the developer with the approval of the City Council.
   (G)   The owner shall record the approved final plat within 365 days of the date of approval by the City Council. If the property owner fails to record the approved final plat within the period as contained in division (A)(13) above, approval of the final plat shall lapse, as well as any preliminary plat or master plat for the same land. Thereafter, the subdivider or property owner shall be required to submit a new master plat or preliminary plat application, as required by this chapter, subject to all zoning and subdivision standards then in effect, for the land subject to the expired final plat.
      (1)   Thirty days prior to the lapse of approval for a final plat, the property owner may petition the City Council to extend or reinstate the approval. The petition shall be considered at a public meeting of the Council.
      (2)   In determining whether to grant such request, the Council shall take into account the reasons for lapse, the ability of the property owner to comply with any conditions attached to the original approval, the extent to which the property owner agrees to abide by newly adopted subdivision regulations, and any changed conditions in the surrounding area which would make an extension undesirable. The Council shall extend its approval of the plat, or deny the request.
      (3)   The Council shall not extend the period that a final plat approval is valid to more than one year from the date of its original approval by the Council.
      (4)   At any time following the lapse of approval of a final plat, a property may request, and the Council may approve, at its discretion, a reinstatement of the final plat. The Council shall reinstate a final plat only when it determines that it would be in the public interest do to so to avoid unnecessary review of a new plat application, and when the pattern of development proposed by the plat would not be the detriment of any nearby area or the general development of the city.
   (H)   A final plat approved after May 11, 2000 and prior to the effective date of this section, that has not been recorded by the effective date of this section, and to which any other expiration provision does not apply, shall expire the later of two years from the date the plat was approved by the Planning and Zoning Commission or at 5:00 p.m. on September 1, 2005, unless the property owner can demonstrate that:
      (1)   Costs for development of the land subject to the final plat, including but not limited to the costs associated with roadway, utility and other infrastructure facilities designed to serve the land in whole or in part, but exclusive of land acquisition costs, were incurred in the aggregate amount of 5% of the most recent appraised market value of the land subject to the final plat;
      (2)   Fiscal security was posted after approval of the final plat to ensure performance of an obligation required for all or a part of the land subject to the approved final plat; or utility connection fees or impact fees for all or part of the land subject to the approved final plat were paid;
      (3)   Expiration of a final plat pursuant to this section results in automatic termination of any approved master plat or preliminary plat for the same land; and
      (4)   The City Council may grant an extension of the time for expiration of the approved final plat for a period not to exceed one year from the date of approval of the application, provided that a request for extension is made in writing at least 30 days before the final plat expires. Every request for extension shall include a statement of the reasons why the expiration date should be extended. The Council may grant a request for an extension taking into account the reasons for the requested extension, the ability of the applicant to comply with any conditions attached to approval of the final plat, whether extension is likely to result in timely completion of the project, and the extent to which any newly adopted regulations should be applied to the proposed subdivision.
   (I)   Notwithstanding the printed requirements of for submission of plats, all documents shall be submitted in an electronic version as follows:
      (1)   Electronic formats for maps and plats shall be one of the following:
         (a)   AutoCAD drawing files; DWG format;
         (b)   AutoCAD data exchange; DXF format;
         (c)   Bitmapped; BMP format at a resolution of not less than 600 dpi;
         (d)   JPEG; at a resolution of not less than 600 dpi;
         (e)   Encapsulated PostScript; EPS format; or
         (f)   TIFF; a resolution of not less than 600 dpi.
      (2)   Electronic formats for text and photographic documents shall be one of the following:
         (a)   Microsoft Word;
         (b)   Microsoft PowerPoint; or
         (c)   Electronic formats listed above except AutoCAD.
      (3)   Electronic copies may be submitted on a CD.
(2005 Code, § 13-1-7)  (Ord. 040701D, passed - -; Ord. 041021E, passed 10-21-2004; Ord. passed 4-21-2005; Ord. 050818, passed - -2005)