(a) Purpose. The Final Plat provides detailed graphic information and associated text indicating property boundaries, easements, streets, utilities, drainage, and other information required for the maintenance of public records of the subdivision of land.
(1) A Final Plat shall be required for all subdivisions of land.
(2) The Final Plat shall conform to the approved Construction Plans and approved Preliminary Plat.
(b) Format. Two Final Plats shall be provided and drawn on 18-inch by 24-inch Mylar sheets at a scale of one inch equals 100 feet with all dimensions labeled accurately to the nearest one-tenth of a foot. When more than one sheet is necessary to accommodate the entire area, an index sheet showing the entire subdivision at a scale of one equals 400 feet shall be attached to the plat. Thirteen additional copies of the Concept Plan shall be provided being on paper 11 inches by 17 inches for distribution to the Commission and Council.
(c) Content. The Final Plat shall include all of the tract intended to be developed at one time, 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) The proposed name of the subdivision, which shall not have the same spelling or be pronounced similarly to the name of any other 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 number.
(ii) The date, scale, north point, addresses of the owner of record, developer, registered public surveyor, and registered professional engineer if required, platting the tract. The engineer and surveyor shall affix their seals to the plat in conjunction with the signing of the certification requirements.
(iii) 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 7.5-minute quadrangle map is recommended.
(iv) Identification and location of proposed uses and reservations for all lots within the subdivision.
(v) Certification, signature and revision blocks, as required by the City and County, including but not limited to the following: the surveyor, engineer and property owner.
(vi) Certification from a registered professional engineer and approval by the State Health Department (if applicable) that water satisfactory for human consumption is available in adequate supply at the time of submission, except that such certification is not required if the property will be served by the City water system.
(vii) Certification from Henderson County that a subdivision is located in an area which cannot reasonably be served by an organized wastewater collection system and that the use of septic tank or other means of disposal has been approved by the Henderson County. Said certificate shall show the limitations, if any, of such approval.
(viii) Lot area, width and depth, public utility and drainage easements, and setbacks shall conform to the requirements as established for the designated land use.
(ix) All variances approved by the Commission shall appear as a note on the final plat.
(x) Where new streets are being created and named, the applicant must have documentation from Henderson County 911 Addressing demonstrating that the street names proposed on the Final Plat are not duplicated within the County.
(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) Areas delineating the regulatory 100-year floodplain, if applicable. This information must be certified by a registered professional engineer.
(iii) The location, dimensions, names and descriptions of all existing and 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 current deed and plat records. The existing right-of-way width of any boundary street to the proposed subdivision shall also be shown.
(iv) 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 such line traverses the subdivision or is contiguous to the subdivision boundary.
(3) Survey Control Information.
(i) True bearings and distances to the nearest established street lines, official monuments, or existing subdivision corner which shall be accurately described on the plat and rotated to the state plane coordinate system. Using said system, X and Y coordinates shall be identified for four property corners.
(ii) The description and location of a permanent monuments or benchmarks, standard monuments, survey control points and lot pins.
(iii) Suitable primary control points to which all dimensions, bearings and similar data shall be referenced. At least one corner of the subdivision shall be located with respect to a corner of the original survey of which it is a part.
(iv) Sufficient data shall be shown on the plat for each lot to prove mathematical closure.
(4) Improvements.
(i) The location, bearings, distances, widths, purposes and approved names of proposed streets, alleys, easements and rights-of-way to be dedicated to public use.
(ii) Streets. Provide complete curve data (delta, arc length, radius, tangent, point of curve, point of reverse curve, point of tangent, long chord with bearing) between all lot corner pins.
(iii) Watercourses and Easements. Provide distances to be provided along the side lot lines from the right-of-way line or the high bank of a stream. Traverse line to be provided along the edge of all major waterways in a convenient location, preferably along a utility easement if paralleling the drainage easement or stream.
(iv) The property lines and number designations of all proposed lots and blocks, with complete bearings, distances and dimensions for front, rear and side lot lines. The surveyor shall certify that all lots meet the City's minimum requirements set forth herein.
(v) The use, property dimensions, names and boundary lines of all special reservations to be dedicated for public use, including sites for schools, churches parks, open spaces, nature preserves; common ownership or subsequent development.
(vi) 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."
(vii) Descriptions of all required easements within the subdivision, intersecting, or contiguous with its boundaries or forming such boundaries.
(viii) The proposed location of sidewalks for each street, to be shown as a dotted line inside the proposed right-of-way lines.
(5) Support Documents. The following supporting documents must accompany the Final Plat:
(i) Developer shall include a copy of the approved application for floodplain map amendment or revision, as required by the Federal Emergency Management Agency (FEMA), if applicable.
(ii) If a subdivision is located in an area served by any utility other than the City, the developer shall furnish a letter from such utility certifying their approval of the location of the utility easements shown on the plat and indicating the utility's intent to serve the property, except that said letters are not required if the easements conform to those approved on the Preliminary Plat.
(iii) If the construction of all improvements needed to serve the subdivision is not completed prior to the filing of the plat for recordation then the developer must provide financial assurance for the completion of the remainder of these improvements in accordance with this Ordinance.
(6) The applicant shall be responsible for verifying the accuracy of all data submitted.
(7) 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 Final Plat is being remedied or how each condition of a conditional approval is being satisfied, as applicable and identifying the location in the Final 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 disapproval.
(d) Procedure. After approval of the Preliminary Plat and Construction Plans for a proposed subdivision, a Final Plat for that subdivision shall be submitted to the City for Commission approval before recordation.
(1) A Final Plat may be submitted for review and approval simultaneously with Construction Plans only if the applicant elects to seek approval under the Alternative Review Procedure set forth in Section 2.03 of the Subdivision Ordinance at the time of submittal, provided however that the Final Plat shall not be approved until the Construction Plans have been approved and all required improvements have been determined by the City Engineer to be complete or fiscal surety is posted for such improvements including any required park improvements. If the Final Plat and Construction Plans are to be reviewed simultaneously, a complete application for Final Plat and a complete application for Construction Plans must be submitted to the City simultaneously and the Alternative Review Procedure described in Section 2.03 will govern review, processing, and approval of the applications.
(2) Legible prints, as indicated on the application form, shall be submitted prior to the regular meeting of the Commission at which the Final Plat is to be heard, along with the following:
(i) Completed application forms and the payment of all applicable fees.
(ii) Any materials or documents required by the Commission and/or Council as a condition of Preliminary Plat approval.
(iii) A letter requesting any variances from the provisions of this Ordinance, if not previously approved as part of the Preliminary Plat and posted pursuant to the requirements this Ordinance.
(iv) Two copies of the deed restrictions or covenants, if such documents are to be used. These shall be filed for record in conjunction with the filing of the Final Plat.
(v) Certification from all applicable taxing authorities that all taxes due on the property have been paid.
(vi) Performance and maintenance guaranteed as required by the City.
(vii) Any attendant documents needed to supplement the information provided on the Final Plat.
(3) For projects located within the City's extraterritorial jurisdiction, one extra copy of the above-referenced items must be provided to the Count, for review and approval. The applicant shall be responsible for any additional information required by the County for Final Plat approval.
(4) Prior to the Commission meeting at which the Final Plat is presented, City staff shall review the plat for consistency with City codes, policies and plans.
(5) The Commission meeting shall be scheduled within thirty (30) days of the application Filing Date, or within fifteen (15) days of the Resubmittal Date, as applicable.
(6) City staff shall prepare a report analyzing the Final Plat submittal, as well as any comments received concerning the Preliminary Plat, and recommending action on the Final 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.
(7) If the developer chooses to withdraw the Final Plat, he/she may do so in writing delivered by noon of the third working day preceding the Commissioning. A withdrawn Final Plat may be resubmitted and appear on the next Commission agenda after repayment of the applicable fees and public notification, if required.
(e) Approval. The Commission shall act on the request for Final 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.
(1) The failure of the Commission to act within thirty (30) days of the Final Plat Filing Date (or within sixty (60) days of the Filing Date where 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.
(2) The developer shall begin construction of the required public improvements or file a financial surety instrument for the improvements within six (6) months after Final Plat approval by the Commission, or such approval of the Final Plat shall be void.
(3) Zoning of the tract, if applicable, that shall permit the proposed use, or any pending zoning amendment necessary to permit the proposed use shall, have been adopted by the Council prior to approval of the Final Plat.
(4) The developer should be aware that specific approvals from other agencies may be required.
(5) The City engineer and developer's engineer must certify that the design standards of Article IV have been complied with and that the development and improvements meet sound engineering practices.
(f) Revision. If revision of the Final Plat is required by the Commission, then the Final Plat shall not be recorded until the revised Final Plat has been resubmitted and reviewed by City staff for compliance with the Commission's requirements, and the Council's requirements, if any, established by the Council during its consideration of the Concept Plan.
(1) Content. The content for a revision to a Final Plat shall be the same as the Final Plat.
(2) Procedure. The procedure, including approval, disapproval, and conditional approval for a revision to a Final Plat shall be the same as the Final Plat.
(3) Support Documents. The support documents for a revision to a Final Plat shall be the same as the Final Plat unless the Director of Development Services deems that they are unnecessary.
(g) Recordation.
(1) Prior to the recordation of the Final Plat, one original copy of the Final Plat shall be submitted to the City for signatures, and:
(i) The Final Plat shall have been approved by the Commission pursuant to the provisions of this Ordinance.
(ii) All conditions of Final Plat approval established by the Commission shall have been determined to be complete by City staff.
(iii) Construction plans for all required improvements shall have been approved by the City Engineer.
(iv) Fees in lieu of park land dedication as required by this Ordinance, if applicable, shall have been paid.
(v) Performance and maintenance guaranteed for all required improvements shall have been established pursuant to this Ordinance.
(vi) Copies of any agreements required providing for the proper and continuous operation, maintenance, and supervision of any facilities that are of common use or benefit which cannot be satisfactorily maintained, or which have been rejected for operation and/or maintenance, by an existing public agency shall be executed.
(vii) Written acceptance of all improvements required by this Ordinance by the City Engineer or, in lieu of acceptance, assurance of completion of said improvements pursuant to this Ordinance, shall be received by the City.
(viii) Applicable fees pursuant to City ordinance shall be paid.
(ix) Notes shall be added to the plat describing any variances approved by the Commission.
(2) City staff shall, upon determination that all provisions of this Ordinance have been satisfied, and all the above conditions have been met, obtain signatures certifying Final Plat approval by the Chairperson of the Commission, and the Mayor, as attested to by the City Secretary.
(3) Once the original Final Plat has been certified by the Chairperson of the Commission and the Mayor, City staff shall notify the developer that the original Final Plat is ready for reproduction.
(4) The developer, at his/her own expense, shall make two photographic Mylar copies of the original, signed Final Plat, and return the photographic Mylar copies and the original Final Plat to the City Engineer for recordation.
(5) If the land area represented by the subdivision is located outside the corporate limits of the City on the date of its filing for recordation with the Official County Records, then it must be approved by the Commissioners Court of the Count prior to recordation. lt shall be the responsibility of the developer to be familiar with the process, procedures, and requirements necessary to secure County approval. Such approval shall be evidenced by the signature on the statement of certification by the County Judge.
(6) City staff shall, after the photographic Mylar copies and the original Final Plat have been duly recorded in the Official County Records, return the original Final Plat to the developer within five working days by notifying the developer that the original Final Plat is available for pickup at the office of the City Engineer.
(7) The City shall keep one photographic Mylar cop of the original approved Final Plat on file as public record.
(h) Responsibility. Notwithstanding the approval of any Final 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 th responsibility of the developer or his/her engineer for or with respect to any plat submitted.
(i) Expiration.
(1) Unless the Final Plat is recorded in the Official County Records within two (2) years after approval by the Commission, such approval of the Final Plat shall be void, unless an extension is granted by the Commission in accordance with this Ordinance.
(2) If the Final Plat expires, all fees shall be repaid as if the Final Plat was initially being submitted.
(j) Extension. The developer may apply for an extension, in writing, prior to the end of the initial two (2) year period, stating just cause for needing the extension. Upon receipt of this written request, the Commission may, at its discretion, grant up to a one-year extension.
(Ord. 2022-002, passed 4-19-2022)