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§ 154.004 AUTHORITY.
   This chapter is adopted under the authority of the Constitution and laws of the State of Texas, including particularly Ch. 212, 242, and 43 of the Tex. Local Gov't Code, as amended.
(Ord. passed 4-20-2000)
§ 154.005 PURPOSE.
   The purpose of this chapter is to provide for the orderly, safe, and healthful development of the area within the city and within the area surrounding the city and to promote the health, safety, morals, and general welfare of the community by securing adequate provision for traffic, light, air, recreation, transportation, water, drainage, sewage, and other facilities.
(Ord. passed 4-20-2000)
§ 154.006 JURISDICTION.
   (A)   Any owner of land located inside the corporate limits of the city wishing to subdivide such land shall submit to the Planning and Zoning Commission a plan of subdivision that shall conform to the minimum requirements set forth in these regulations.
   (B)   An owner subdividing his or her land into parcels of not less than five acres each for agricultural use and not involving new streets shall be exempt from these requirements.
   (C)   Any owner subdividing land outside the corporate limits of the city but within its extraterritorial jurisdiction shall submit a plan of subdivision to the Planning and Zoning Commission and to the appropriate county authorities which shall conform to Ch. 242 and 42 of the Tex. Local Gov't Code and the minimum requirements set forth in these regulations, and which is subject to the approval of both.
(Ord. passed 4-20-2000)
§ 154.007 APPROVAL REQUIRED.
   No subdivision plat shall be filed or recorded and no lot in a subdivision inside the corporate limits of the city or within its extraterritorial jurisdiction shall be improved or sold until the plat shall have been approved by the City Council.
(Ord. passed 4-20-2000)
§ 154.008 MAINTENANCE BOND.
   In the event a subdivider develops independently of the city furnishing engineering and inspection of required improvements, the subdivider shall furnish a good and sufficient maintenance bond with a reputable and solvent corporate surety, in favor of the city, to indemnify the city against any repairs which may become necessary to any part of the construction work performed in connection with the subdivision, arising from defective workmanship or materials used therein, for a full period of one year from the date of final acceptance of the entire project. Final acceptance will be withheld until said maintenance bond is furnished to the City Attorney for approval. The maintenance 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 a written certification that the maintenance bond is valid and enforceable as regards all improvements required by subdivisions, which have not been approved as provided by law and further, no permits shall be issued by the Building Inspector of the city on any piece of property other than an original or a re-subdivided lot in a duly approved and recorded subdivision or on a lot of separate ownership of record prior to the adoption of the subdivision ordinance.
(Ord. passed 4-20-2000)
PROCEDURE FOR PLAT APPROVAL
§ 154.020 PREAPPLICATION.
   (A)   Subdivider of property shall:
      (1)   Consult early and informally with the Zoning Administrator;
      (2)   Avail himself or herself of the advice and assistance of the Zoning Administrator; and
      (3)   For property located outside the corporate limits of the city but within its extraterritorial jurisdiction, consult with the County Judge or his or her designated appointee in relation to those requirements established by the County for property located outside the corporate limits of the city.
   (B)   Zoning Administrator shall:
      (1)   Informally confer with subdivider; and
      (2)   Advise and assist the subdivider in procedure for approval of plats and on regulations and policies of the city regarding development either within the corporate limits of the city or its extraterritorial jurisdiction.
(Ord. passed 4-20-2000)
§ 154.021 APPROVAL PROCEDURE FOR PRELIMINARY PLAT.
   (A)   Subdivider shall submit to the city no later than 20 days prior to the Commission meeting at which it is to be considered:
      (1)   Filing fee;
      (2)   Ten copies of plat stamped "Preliminary Plat";
      (3)   Ten copies of a letter of transmittal, stating briefly the type of street surfacing, drainage, sanitary facilities, and water supply proposed, and the name and address of the owner or agent, engineer, and surveyor; and
      (4)   Supplementary materials as applicable in other sections of these regulations.
   (B)   The preliminary plat shall not be considered as filed until all information, materials, and documents required for preliminary plat approval have been filed with the Zoning Administrator and the Zoning Administrator has verified, in writing, that all such information, materials, and documents have been submitted.
   (C)   The Zoning Administrator shall:
      (1)   Conduct a study of plats and materials submitted;
      (2)   Request written reports from departments and utilities if deemed necessary;
      (3)   Transmit plats and reports to Planning and Zoning Commission for review;
      (4)   Consult with city's consulting engineer, subdivider engineer, private utility companies, and school district; and
      (5)   Schedule preliminary review with subdivider.
   (D)   The Planning and Zoning Commission shall:
      (1)   Act within 30 days after the filing of preliminary plat;
      (2)   Submit one of the following recommendations to the City Council. The recommendation shall be submitted in writing, with appropriate signature and date of action by the PZC:
         (a)   Approve;
         (b)   Approve with conditions; or
         (c)   Disapprove.
      (3)   Make notes on two copies of preliminary plat as to action taken.
   (E)   The City Council shall, within 30 days after the Planning and Zoning Commission has submitted its recommendation, conclude one of the following:
      (1)   Preliminary plat approved;
      (2)   Preliminary plat approved with conditions;
      (3)   Preliminary plat not approved but may be returned for further consideration by the Planning and Zoning Commission; or
      (4)   Preliminary plat not approved. The developer may prepare a new concept and resubmit.
(Ord. passed 4-20-2000)
§ 154.022 CONDITIONS OF PRELIMINARY PLAT APPROVAL.
   (A)   Conditional approval shall be considered to be the approval of a 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 in writing. If no decision is rendered by the Commission within the 30-day period described above or such longer period as may have been agreed to by the subdivider and Commission, the preliminary plat, as submitted, shall be deemed to be recommended for approval to the City Council.
   (B)   Approval of the preliminary plat shall be deemed an expression of approval of the layout only and shall not constitute acceptance of the final plat.
   (C)   Preliminary approval will expire six months after the approval by the City Council of the preliminary plat or of sections thereof. The subdivider may apply in writing for an extension prior to the end of such six-month period. This period may be extended six months but not beyond a total of one year.
(Ord. passed 4-20-2000)
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