(A) Purpose. The purpose of a final plat is to record the subdivision of property including the accurate description of blocks, rights-of-way, easements, building lines, and street names. Lots of the subdivision may not be sold, transferred, or otherwise conveyed to any other party, nor shall building permits for permanent structures be issued prior to the city’s approval and filing of the final plat documents.
(B) Applicability. A final plat shall be required for subdivisions of property and the recording of single lots in accordance with § 155.005.
(C) Application procedure and requirements. A final plat for minor subdivisions may be approved by the City Administrator. A final plat for a major subdivision shall require recommendation for approval by the Planning and Zoning Commission, if there are any changes to the approved plat, and approval by the City Council. Final plats shall comply with the plat where applicable. The application shall be accompanied by the following materials in both printed form and electronic form. All documents, maps, drawings, tables, and other materials shall be submitted in both printed form and electronic form. The specific electronic format (file type) of submitted materials shall be dictated by the city as 1 or more of commonly accepted electronic formats for the materials (PDF or TIFF).
(1) Copies of the proposed final plat bearing all information specified in § 155.027(C), and the following language: “Notice: Selling a portion of this addition by metes and bounds is a violation of city ordinance and state law and is subject to fines and withholding of utilities and building permits;”
(2) Formal irrevocable offers of dedication to the public of all streets, local government uses, utilities, parks, and easements, in a form approved by the City Attorney. The plat shall be marked with a notation indicating the formal offers of dedication;
(3) A recording fee in an amount as set by the County Clerk;
(4) As-built construction plans, where applicable;
(5) Accurate ties to the abstract and survey corners as required by state surveying law and the amount of acreage in each abstract shown; and
(6) Certification by a professional land surveyor licensed in the State of Texas to the effect that the plat represents a survey made by him or her and that all the monuments shown thereon actually exist, and that their location, size, and material description are correctly shown, and that the survey correctly shows the location of all visible easements and rights-of-way, and all rights-of-way, easements, and other matters of record affecting the property being platted.
(D) Standards for approval. No final plat shall be approved by the City Administrator, the Commission, or the Council unless the following standards have been met:
(1) The plat substantially conforms to the plat and shall be entirely consistent with the construction and public improvements as completed and accepted by the city;
(2) Required public improvements have been constructed, erosion control established, and are ready to be accepted;
(3) The plat conforms to applicable zoning and other regulations;
(4) Provision has been made for adequate public facilities under the terms of this chapter;
(5) The homeowners association agreement and deed restrictions as applicable have been reviewed and approved by the City Attorney; and
(6) The plat meets all other requirements of this chapter.
(E) Approval procedure. After review of the final plat by the City Engineer, the City Administrator shall place the final plat for consideration on the agenda. Minor plats may be approved by the Mayor or referred to the Commission in accordance with § 155.004(B). One copy of the final plat shall be returned to the applicant with the date of the action noted on the final plat.
(F) Appeals. If the Commission disapproves the final plat, the applicant may appeal to the Council in the manner prescribed in § 155.032.
(G) Certificate of compliance. Upon approval of a final plat required by this chapter, the City Administrator shall issue to the person applying for approval a certificate stating that the final plat has been approved by the City Council. For purposes of this section, final approval shall not occur until all conditions of approval have been met.
(H) Signing and recording of final plat.
(1) The Mayor and the City Administrator shall endorse approval on the final plat after approved by the Council, and all the conditions pertaining to the final plat have been satisfied.
(2) When installation of public improvements is required prior to recordation of the final plat, the chairperson of the Commission, the Mayor, and City Administrator shall endorse approval on the final plat after all conditions of approval have been satisfied and all public improvements satisfactorily completed. There shall be written evidence that the required public improvements have been installed in a manner satisfactory to the city as shown by a certificate signed by the City Engineer stating that the necessary installation of public improvements have been accomplished. (See § 155.047)
(3) It shall be the responsibility of the city to file the final plat with the County Clerk. Simultaneously with the filing of the final plat, the city shall record those other agreements of dedication and legal documents as shall be required to be recorded by the City Attorney. The final plat, bearing all required signatures, shall be recorded after final approval and within 10 working days of its receipt. A minimum of 3 copies of the recorded final plat, and additional copies (or other media formats) as required by the City Administrator, with street addresses assigned, will be forwarded to the developer.
(I) Effect of approval. Approval of a final plat shall certify compliance with the regulations of the city pertaining to the subdivision of land. An approved and signed final plat shall be filed with the county as a record of the subdivision of land and may be used to reference lots and interests in property thereon defined for the purpose of conveyance and development as allowed by this chapter.
(J) Assurance for completion and maintenance.
(1) Improvement agreement and security for completion. When any of the required public improvements will be postponed and constructed after final plat approval and recordation, the final plat shall not be accepted for filing, nor shall it be approved, unless and until the applicant enters into a subdivision improvement agreement by which the applicant:
(a) Will complete the improvements;
(b) Warrants the improvements for a period of 2 years following final acceptance by the city;
(c) Will provide a maintenance bond in the amount of 110% of the costs of the improvements for such period consistent with the requirements contained in division (J)(4)(a)1. below;
(d) Provides provisions for securing the obligations of the subdivision improvement agreement consistent with this section; and
(e) Outlines other terms and conditions as are agreed to by the applicant and the city, or as may be required by this division (J).
(2) Agreement to run with the land. The subdivision improvement agreement shall provide that the covenants and other items of agreement contained therein shall run with the land and shall bind all successors, heirs and assignees of the applicant. All existing owners shall be required to execute the subdivision improvement agreement or otherwise provide written consent to the covenants and other items contained in the subdivision improvement agreement.
(3) Approval by Council. The Council shall review the subdivision improvement agreement, and shall approve it, approve it with conditions, or deny it. The subdivision improvement agreement shall also be subject to review by the City Attorney, and the applicant shall reimburse the city for all related legal costs for review. This reimbursement shall be paid in full prior to filing of the final plat.
(4) Security for completion of improvements.
(a) Type of security. When any of the required public improvements will be constructed after approval and recordation of the final plat, the applicant shall guarantee proper construction of such postponed improvements, in accordance with the city’s design criteria and construction standards and with this division (J), by either:
1. A bond executed by a surety company holding a license to do business in the State of Texas, and acceptable to the city, on the form provided by the city;
2. A letter of credit that is (A) irrevocable; (B) for a term sufficient to cover the completion, maintenance and warranty periods in this section; and (C) require only that the city present the letter of credit with a sight draft and an affidavit signed by the City Attorney attesting to the city’s right to draw funds under the letter of credit; or
3. A cash escrow with escrow instructions that provide: (A) that the applicant will have no right to a return of any of the funds except upon actual acceptance of the dedication of public improvements and then only to the ratio that the cost of the public improvement for which dedication was accepted bears to the total cost of public improvements for the subdivision; and (B) that the escrow agent shall have a legal duty to deliver the funds to the city whenever the City Attorney presents an affidavit to the agent attesting to the city’s right to receive funds whether or not the applicant protests that right.
(b) Estimated cost and security approval. Security shall be issued in the amount of 110% of the cost to construct and complete all required public improvements to the city’s standards as estimated by the applicant’s professional engineer, and as approved by the City Administrator and City Engineer. Security shall be subject to the review and approval of the City Attorney. The applicant shall reimburse the city for all related legal costs for review (this reimbursement shall be paid in full prior to filing of the final plat).
(c) Security for construction in extraterritorial jurisdiction (ETJ). Where all or some portion of the proposed development is located in the city’s ETJ, the security shall be in a form and shall contain such terms as are consistent with the city’s interlocal agreements with Collin County under V.T.C.A., Local Government Code Ch. 242. In cases where the requirements governing the form and terms of the security are defined in such an agreement, they will supersede any conflicting provisions within this division (J).
(Ord. 487, passed 7-18-2000; Am. Ord. 737, passed 7-20-2016; Am. Ord. 803, passed 7-20-2021) Penalty, see §
155.999