(a) Purpose. The Preliminary Plat provides detailed graphic information and associated text indicating property boundaries, easements, land use, streets, utilities, drainage, and other information required to evaluate proposed subdivisions of land. A Preliminary Plat shall be required for any subdivision of land, except as otherwise provided for in this Ordinance, subsequent to Concept Plan approval.
(b) Format. One electronic copy in PDF format of the Preliminary Plat shall be provided and drawn on 18- by 24-inch sheet(s) at a scale of one inch equals 100 feet with all dimensions labeled accurately to the nearest foot. When more than one sheet is necessary to accommodate the entire area, an index sheet showing the entire subdivision to a scale of one inch equals 400 feet shall be attached to the plat. Thirteen additional copies of the Preliminary Plat shall be provided being on paper 11 inches by 17 inches for distribution to the Commission and Council.
(c) Content. The Preliminary Plat shall include all of the tracts intended to be developed at one time, and any on site improvements required to accommodate Proposed Development. The Preliminary Plan shall be signed and sealed by a registered professional engineer, licensed to practice engineering in the State of Texas and shall contain or have attached thereto:
(1) General Information.
(i) Name, address and phone numbers of the developer, record owner, and authorized agents (engineer, land planner, etc.).
(ii) The proposed name of the subdivision, which shall not have the same spelling or be pronounced similarly to the name of any of the subdivision located within the City or within the extraterritorial jurisdiction of the City, provided however that use of the same base names for different sections or phases is required when the units are contiguous with their namesakes and individually identified by a section or phase number.
(iii) The date, scale, and north indicator.
(iv) A location map showing the relation of the subdivision to streets and other prominent features in all directions for a radius of at least one mile using a scale of one inch equals 2,000 feet. The latest edition of the USGS 17.5-minute quadrangle map is recommended.
(v) Certification and signature blocks as required by the City and the County.
(vi) The total acreage of the property to be subdivided and the subtotals by land use.
(2) Existing Conditions.
(i) The existing property lines, including bearings and distances, of the land being subdivided. Property lines shall be drawn sufficiently wide to provide easy identification.
(ii) The location of existing watercourses, dry creek beds, wells, sinkholes and other similar topographic features.
(iii) Significant Trees, within the boundaries of the subdivision and of eight-inch caliper and larger, shall be shown accurately to the nearest one foot, Critical Root Zones of these trees shall also be shown.
(iv) Centerline of watercourses, creeks, existing drainage structures and other pertinent data shall be shown.
(v) Areas subject to flooding shall be shown delineating the regulatory 100-year floodplain, and any other floodplains identified in the City’s Master Drainage Plan.
(vi) Topographic data indicating one foot contour intervals for slopes less than five percent, two-foot contour intervals for slopes between five percent and ten percent, and five-foot contour intervals for slopes exceeding ten percent. The contoured area shall extend outward from the property boundary for a distance equal to 25 percent of the distance across the tract, but not fewer than 50 feet nor more than 200 feet.
(vii) The locations, sizes and descriptions of all existing utilities, including but not limited to wastewater lines, lift stations, wastewater and storm sewer manholes, water lines, water storage tanks, and wells within the subdivision, and/or adjacent thereto.
(viii) The location, dimensions, names and descriptions of all existing or recorded streets, alleys, reservations, railroads, easements or other public rights-of-way within the subdivision, intersecting or contiguous with its boundaries or forming such boundaries, as determined from existing deed and plat records. The existing right-of-way width of any boundary street to the proposed subdivision shall also be shown.
(ix) The location of City limit lines and/or outer border of the City's extraterritorial jurisdiction, as depicted on the City's most recent base map, if either traverses the subdivision or is contiguous to the subdivision boundary.
(3) Improvements.
(i) The location, size and description of any proposed drainage appurtenances, including storm sewers, detention ponds and other drainage structures proposed to be constructed on and off the site, and designed in accordance with the requirements of this Ordinance.
(ii) The developer shall include a copy of the complete application for floodplain map amendment or revision, as required by the Federal Emergency Management Agency (FEMA), if applicable.
(iii) The locations, dimensions, names and descriptions of all proposed streets, alleys, parks, nature preserves, open spaces, blocks, lots, reservations, easements, and rights-of-way; and areas within the subdivision, indicating the connection to or continuation of other improvements in adjacent subdivisions.
(iv) If applicable, the location of building setback lines, as required by the City's Zoning Ordinance, designated by a plat note that states the following, or language substantially similar thereto that is acceptable to the City: "Setbacks shall comply with the City's Zoning Ordinance."
(v) Numbers to identify each lot and each block.
(vi) The lengths of each proposed property line of all lots. The area of each non-rectangular lot shall be provided.
(vii) Significant Trees to remain during construction showing the Critical Root Zones as solid circles, and Significant Trees designated to be removed showing the Critical Root Zones as dashed circles.
(viii) Replacement Trees shall be shown on the Preliminary Plat.
(4) Support Documents.
(i) A drainage study, consisting of a Drainage Area Map with customs, location and capacities of existing and proposed drainage features, and calculations in accordance with this Ordinance and flood engineering practices, shall be provided to ensure the property will be developed in accordance with City drainage policies.
(ii) Utility demand data, consistent with the proposed uses indicated on the Preliminary Plat, to determine the adequacy and the consistency of proposed utility improvements.
(iii) A letter of certification, when applicable, that the plat has been submitted to the Henderson County for review (applicable to all projects proposing septic systems and/or containing any portion of the regulatory 100-year floodplain outside of the City limits).
(iv) Traffic Impact Analysis (TIA), consistent with the Texas Department of Transportation traffic projections on state roads within the City. A scoping meeting must be conducted with City Staff prior to assembly of the TIA document.
(5) Accuracy of Data. The applicant shall be responsible for verifying the accuracy of all data submitted, including that which might be obtained from the City, excepting that data which can only be obtained from the City.
(6) For Resubmittal Applications, in addition to containing the information and documents required by this subsection (c), a transmittal letter that describes how each reason for disapproval of the Preliminary Plat is being remedied or how each condition of a conditional approval is being satisfied, as applicable, and identifying the location in the Preliminary Plat application where each remedy or response to a condition can be found. The transmittal letter shall further identify whether any other changes to the application have been made other than those necessary to respond to the reasons for dissapproval.
(d) Procedure. A Preliminary Plat for any proposed subdivision of land shall be submitted to the City for Commission approval.
(1) Legible prints, as indicated on the application form, shall be submitted, along with tho following;
(i) Completed application forms and the payment of all applicable fees.
(ii) A summary letter stating briefly the type of street surfacing, drainage, water and wastewater facilities proposed, and declaring the intent to either dedicate park land or pay fees in lieu of said dedication if such dedication or fees apply.
(iii) A petition requesting annexation, if applicable.
(iv) A letter requesting any variances from th provisions of this Ordinance.
(v) Any attendant documents needed to supplement the information provided on the Preliminary Plat.
(2) For projects located within the City's extraterritorial jurisdiction, one extra copy of the above-referenced items must be provided to the County for review and approval. The applicant shall be responsible for any additional information required by the County for Preliminary Plat approval.
(3) Prior to the Commission meeting at which the Preliminary Plat is presented, City staff shall review the plat for consistency with City ordinances, codes, policies and plans.
(4) The application shall be scheduled for consideration by the Commission within thirty (30) days of the application Filing Date (or within the applicable extension period if an extension is granted), or within fifteen (15) days of the Resubmittal date, as applicable.
(5) City staff shall prepare a report analyzing the Preliminary Plat submittal, as well as any comments received concerning the Concept Plan, and recommending action on the Preliminary Plat. If the recommended action is denial or conditional approval, the report shall include the reasons for denial or the conditions for approval, as applicable, and citations to the law or ordinance that is the basis for disapproval or the conditional approval. This report shall be available at least five (5) working days prior to the Commission meeting.
(6) If the developer chooses to withdraw the Preliminary Plat, he/she may do so in writing delivered by noon of the third working day preceding the Commission meeting. A withdrawn Preliminary Plat may be resubmitted and appear on the next Commission agenda after repayment of the applicable fees and public notification.
(e) Approval. The Commission shall take action on a Preliminary Plat.
(1) The Commission shall act on the request for Preliminary Plat approval within thirty (30) days of the Filing Date, or within sixty (60) days of the Filing Date if the applicant's extension request has been granted.
(2) The failure of the Commission to act within 30 days of the Preliminary Plat Filing Date (or within 60 days of the Filing Date when an extension has been granted) shall be deemed an approval of the plat, except as otherwise agreed to by the applicant pursuant to Section 2.02.
(3) Zoning of the tract, if applicable, that shall permit the uses proposed by the Preliminary Plat, or any pending zoning amendment necessary to permit the proposed uses shall have been adopted by the Council prior to approval of the Preliminary Plat.
(4) Approval of the Preliminary Plat shall not constitute approval of the Final Plat, but shall constitute a vesting of the right to develop under City ordinances, codes and policies in effect on the date of the approval provided that neither the Preliminary Plat nor any subsequent plat or permit has been, or is, allowed to expire.
(5) The developer should be aware that specific approvals from other agencies may be required.
(6) Upon approval of the Preliminary Plat, the developer shall furnish one Mylar reproducible copy of the approved Plat to be kept on file at the City as public record.
(f) Expiration.
(1) The approval of the Preliminary Plat shall expire two (2) years after the filing date, unless:
(i) A corresponding Final Plat on the land a proved on the Preliminary Plat is filed; or
(ii) An extension is granted by the Commission in accordance with this Ordinance.
(2) If a Preliminary Plat expires, it may be reinstated only upon resubmittal of the unaltered, approved plat to the Commission and Council and the approval by both bodies. All fees shall be repaid as if the plat were initially being submitted.
(g) Extension. The developer may apply for an extension, in writing, prior to the end of the initial two (2) year period, stating reasons for needing the extension and demonstrating pursuit of approvals for Construction Plans and/or Final Plat in accordance with this Ordinance. Upon receipt of this written request, the Commission may, at its discretion, grant up to a one-year extension so long as the Preliminary Plat remains consistent with the Master Plan and/or ordinances of the City.
(h) Revision. If a revision to a previously approved Preliminary Plat is required, then no application for Final Plat shall be accepted until the revised Preliminary Plat has been submitted and approved by the Commission. This signed, approved document shall be kept on file as public record in the offices of the City.
(1) Content. The content for a revision to a Preliminary Plat shall be the same as the Preliminary Plat.
(2) Procedure. The procedure, including approval, disapproval, and conditional approval for a revision to a Preliminary Plat shall be the same as the Preliminary Plat.
(3) Support Documents. The support documents for a revision to a Preliminary Plat shall be the same as the Preliminary Plat unless the City Engineer deems that they are unnecessary.
(i) Responsibility. Notwithstanding the approval of any Preliminary Plat by the Council, Commission or the City Engineer, the developer and the engineer that prepares and submits such plats shall be and remain responsible for the adequacy of the design and nothing in this Ordinance shall be deemed or construed to relieve or waive the responsibility of the developer or his/her engineer for or with respect to any plat submitted.
(Ord. 2022-002, passed 4-19-2022)