§ 70-36. Development plats

(a) Authority. This section is adopted pursuant to the V.T.C.A., Local Government Code §§ 212.041—212.050, as amended.

(b) Applicability. For purposes of this section, the term "development" means the construction of any building, structure or improvement of any nature (residential or nonresidential), or the enlargement of any external dimension thereof. This section shall apply to any land lying within the city or within its extraterritorial jurisdiction in the following circumstances:

(1) The development of any tract of land which has not been platted or replatted prior to the effective date of this chapter, unless expressly exempted herein;

(2) The development of any tract of land for which the property owner claims an exemption from this chapter, including requirements to replat, which exemption is not expressly provided for in such regulations;

(3) The development of any tract of land for which the only access is a private easement or street; or

(4) The division of any tract of land resulting in parcels or lots each of which is greater than five acres in size, and where no public improvement is proposed to be dedicated or constructed.

(c) Exceptions. No development plat shall be required, where the land to be developed has received final plat or replat approval prior to the effective date of the ordinance from which this chapter is derived. The city council may, from time to time, exempt other development or land divisions from the requirements of this section.

(d) Prohibition on development. No development shall commence, nor shall any building permit, utility connection permit, electrical connection permit or similar permit be issued, for any development or land division subject to this section, until a development plat has been reviewed by the commission, approved by the city council, and submitted to the city for filing at the county. Notwithstanding the provisions of this section, the city shall not require building permits or otherwise enforce the city's building code in the city's extraterritorial jurisdiction in relation to any development plat required by this chapter.

(e) Standards of approval. The development plat shall not be approved until the following standards have been satisfied:

(1) The proposed development conforms to all city plans, including but not limited to, the comprehensive plan, utility plans and applicable capital improvements plans;

(2) The proposed development conforms to the requirements of the zoning ordinance set out in chapter 90 (if located within the city's corporate limits) and this chapter;

(3) The proposed development is adequately served by public facilities and services, parks and open space in conformance with city regulations;

(4) The proposed development will not create a safety hazard on a public roadway (such as by not providing adequate on-site parking or vehicle maneuvering space for a restricted access/gated entrance);

(5) Appropriate agreements for acceptance and use of public dedications to serve the development have been tendered; and

(6) The proposed development conforms to the design and improvement standards contained in this chapter and in the city's TCSS, and to any other applicable codes or ordinances of the city that are related to development of a land parcel.

(f) Conditions. The city council may impose such conditions on the approval of the development plat as are necessary to assure compliance with the standards in subsection (e) of this section.

(g) Approval procedure. The application for a development plat shall be submitted to the city in the same manner as a final plat (see section 70-35), and shall be approved, conditionally approved, or denied by the city council following review and recommendation by the planning and zoning commission in a similar manner as a final plat. Upon approval, the development plat shall be filed at the county by the city secretary in the same manner as prescribed for a final plat (see section 70-35), and approval of a development plat shall expire if all filing materials are not submitted to the mayor or city manager (or designee) and if the plat is not filed at the county within the time periods specified for a final plat.

(h) Submittal requirements. In addition to all information that is required to be shown on a final plat (see section 70-35), a development plat shall:

(1) Be prepared by a registered professional land surveyor;

(2) Clearly show the boundary of the development plat;

(3) Be accompanied by a site plan showing each existing or proposed building, structure or improvement or proposed modification of the external configuration of the building, structure or improvement involving a change therein (the site plan shall also show all other site plan items listed in the city's zoning ordinance set out in chapter 90 for informational purposes);

(4) Show all easements and rights-of-way within or adjacent to the development plat; and

(5) Be accompanied by the required number of copies of the plat, a completed application form, the required submission fee (per the city's current fee schedule as printed in appendix A to this Code), and a certificate or some other form of verification from the county central appraisal district showing that all taxes have been paid on the subject property and that no delinquent taxes exist against the property in accordance with section 70-10

A copy of all application materials for a development plat shall be simultaneously submitted to the city planner for review in the same manner as for a final plat, or the application shall be deemed incomplete.

(Ord. No. 02-09-549, 9-3-2002)