§ 2.2. Statutory Procedures.

a.

Zoning Requirements. A property within the City's corporate limits that is being proposed for platting or development must be properly zoned by the City prior to submission of an application for approval of any or plat. In addition, the proposed development layout or subdivision design shown on the proposed or plat must be in conformance with all standards and requirements prescribed in the City's Comprehensive Plan, Zoning Ordinance and this Ordinance.

Noncompliance with the requirements of the zoning district in which the subject property is located, or lack of the proper zoning, shall constitute grounds for denial of the plat.

Any plat submitted for approval by the City shall be in accordance with the City's Comprehensive Plan and Zoning Ordinance, if the property is located within the City's corporate limits, and, if the property is located within the City's corporate limits or extraterritorial jurisdiction, it shall be in accordance with the City's Comprehensive Plan, including all adopted water, sewer, storm drainage, future land use, park, recreation, open space and thoroughfare plans. All plats shall be prepared by a registered professional land surveyor.

b.

Classification of Subdivisions and Additions. Before any land is filed for record with the County Clerk, the property owner shall apply for and secure the appropriate City approval of the required subdivision plat, in accordance with the following procedures, unless otherwise provided within this Ordinance. This subsection does not apply to development plats.

1.

Minor subdivisions may be approved for residential or nonresidential properties. Minor plat approval by the City Manager (or designee) requires the submission of a final plat drawing and other submission materials required by Section 2.11 of this Ordinance. Lots may be conveyed or sold only when the plat has been approved by the City and the final plat has been filed at Kaufman County.

2.

Major subdivisions may be approved for residential or nonresidential properties. The procedure for approval of a major subdivision depends upon whether the development is inside the corporate city limits or in the extra-territorial jurisdiction (ETJ) of the city and typically involves two to three steps:

i.

Within the City Limits: All unplatted property will be required to have a Construction Plat approved by both the Planning and Zoning Commission (P&Z) and City Council and approval of a Final Plat by the P&Z which shall be subsequently filed with the County prior to the issuance of building permits and/or certificates of occupancy. Previously platted property being replatted will require a Final Replat which may require Council approval if State Law requires a public hearing or other certain conditions otherwise it may be approved by the P&Z.

ii.

Within the ETJ: All unplatted property in which five (5) or more lots are proposed in the subdivision shall require a developer's agreement, construction plat and final plat. For four (4) or fewer lots or for replatting an existing subdivision a final plat only shall be submitted for approval in accordance with the instructions below.

iii.

Approval Procedures: Sections 2.4 through 2.5 of this Ordinance provide the requirements for each. Major plat approval shall be in accordance with Sections 2.4 through 2.5 of this Ordinance. Upon completion of the required public improvements, or upon submission and City approval of the appropriate surety for public improvements, the property owner may submit the final plat for approval. All major subdivision plats must be reviewed by the Commission and approved by the City Council, pursuant to Sections 2.4 through 2.8 of this Ordinance. Lots may be sold only when the final plat has been approved by the City Council and the plat has been filed at Kaufman County. If the land is required to be platted, no conveyance or sale of any portion or lot of the property may occur until after the final plat is approved by the City Council and filed at Kaufman County.

c.

Submission Requirements for All Types of Plat Applications. In addition to the requirements outlined herein for each type of development application, the City may maintain separate ordinances, policies and procedures for the submission and processing of applications including, but not limited to, application forms, checklists, language blocks for plats, and other similar items. The forms and paperwork are available in the Municipal Development Office. These policies and procedures may be amended from time to time, and it is the applicant's responsibility to be familiar with, and to comply with, these policies and procedures.

d.

Official Submission Date and Completeness of Application for All Types of Plats.

1.

For the purpose of these regulations, the "official submission date" shall be the date upon which a complete application for approval of any type of plat, that contains all required elements mandated by the Texas Local Government Code, Section 212.004(b) and by this Ordinance, is submitted to the Municipal Development Department, after which the statutory period required for approval or disapproval of the plat shall commence. No application shall be deemed officially submitted until the Municipal Development Department determines that the application is complete and a fee receipt is issued by the City. Failure by the Municipal Development Department to make a determination of incompleteness within ten (10) calendar days following the date on which the application was first received by the City, shall result in the application being deemed complete, and the "official submission date" shall become the 11th calendar day following initial receipt of the application by the City.

2.

Plat applications which do not include all required information and materials, as outlined below and per other City development review policies which may change from time to time, will be considered incomplete, shall not be accepted for official submission by the City, and shall not be scheduled on a Commission agenda until the proper information is provided to City officials including the City's retained planning and engineering consultants, if applicable.

e.

Submission Procedures and City Review Process for All Types of Plats.

1.

Submission Timing. A complete application for approval of any plat shall be submitted to the City at least twenty (20) calendar days, but no more than thirty (30) calendar days unless the applicant waives the 30-day requirement for action on the plat in writing, prior to the Commission meeting at which it is to be considered.

i.

Due to State-mandated notification requirements, any residential replat that requires public notification (see Section 2.8) shall be submitted to the City at least thirty (30) calendar days prior to the Commission meeting at which it is to be considered. Such replat application shall also be accompanied by a written waiver of the 30-day requirement for action on the plat due to timing constraints imposed by publication of the required notice in the City's official newspaper.

2.

Submission Materials. The application shall include a written application form which bears the original signature(s) of the property owner(s) of the subject property, along with the appropriate submission fee, the appropriate number of full size sets as stated on the application form, (available at City Hall), of full-size folded (24" x 36") or (18" x 24") prints of the plat, as required by the City's current development review policies and requirements, and one 11" x 17" black-and-white reduction of the plat, a copy of any applicable development agreement pertaining to the subject property (if any), and any other applicable information and materials deemed appropriate by the City. Signed, sealed and notarized reproducible copies of the plat to be used for filing purposes should not be submitted until notified to do so after all required approvals are complete. All of the above materials and plans shall be submitted to the Municipal Development Department for review in order for the application to be deemed complete.

The application shall be accompanied by a certificate or other satisfactory evidence from the Kaufman Tax Assessor Collector showing that all taxes have been paid on the subject property (required only at the time of final plat application), and that no delinquent taxes exist against the property, as shown in the Kaufman County deed records a Documentation shall also be included that shows no delinquent assessments, or outstanding liens, citations, fees, or other debts or obligations to the City and which are directly attributable to the subject property.

The application shall also be accompanied by an engineer's summary report which describes, in as much detail as necessary, the following: the overall nature and scope of the proposed development, including zoning of the property, proposed use(s) and acreage of each proposed use, minimum lot sizes, widths and depths, number of lots to be created, and special amenities or facilities that will be included in the development; how the property will be served with required utilities and services; how storm water drainage will be handled; 100-year floodplain boundaries if located on any portion of the subject property; and an itemization and description of any waivers/suspensions from provisions of this Ordinance that will be sought. If the proposed development will have access points onto a major thoroughfare, the application shall also include a letter from the appropriate entity, such as TXDOT or Kaufman County, showing the City or County Thoroughfare Plan whichever is applicable, acknowledging and approving proposed driveway locations and corresponding median openings and left turn lanes, if applicable. Letters shall also be provided from each of the applicable utility service providers, including water, wastewater, gas, electricity, telephone, cable TV and solid waste, verifying their ability to provide an adequate level of service for the proposed development. A letter from the Terrell Independent School District may also be required that acknowledges the District(s) has been informed of the size (with respect to the anticipated number of homes and/or school-age children), location and timing of the proposed development, and that expresses any desire the District may have to obtain a future school site within any portion of the subject property. One copy of all of the above materials (and any associated plans) shall be submitted to the Municipal Development Department for review in order for the application to be deemed complete.

All plat drawings and other corresponding plans and drawings, including engineering plans and landscape and screening plans, shall be 24" by 36" in size, and shall be drawn to a standard engineering scale of no more than one hundred feet to the inch (1"=100') In cases of large developments which would exceed the dimensions of the sheet at one hundred foot (100') scale, plats may be on multiple sheets and in a format that will be acceptable for eventual filing at Kaufman County. If multiple sheets then a key sheet is needed. All of the above materials and plans shall be submitted for review by the Municipal Development Department in order for the application to be deemed complete for statutory purposes.

3.

City Staff Review. Upon official submission of a complete application for plat approval, the City shall commence technical review of the development proposal by forwarding a copy of the application and plat to development review team member departments which include, but shall not be limited to, the City Engineer, Public Works, Utilities, Fire Department, Police Services or Municipal Development Department. As noted above, it is the applicant's responsibility to submit one complete copy of any application (including all documents, application forms, plans, etc.) directly to the Municipal Development Department in order for the application to be considered complete. City development review team members shall review the plat and shall ascertain its compliance with these and other applicable City regulations. Following City staff review of the plat and supporting documents, and following discussions with the applicant on any revisions deemed advisable and the kind and extent of improvements to be installed, the applicant shall resubmit additional copies of the corrected plat (and engineering plans, if applicable) to the Municipal Development Department no later than ten (10) calendar days prior to the Commission meeting for final review and inclusion in the Commission packets. Failure to resubmit corrected copies of the plat back to the City in time shall be cause for the Municipal Development Department to administratively deny the plat and remove it from the Commission's agenda unless the 30-day waiver statement has been signed by the applicant. If, upon re-submission of the corrected plat to the City, the City Engineer determines that the application is still incomplete or is not correct to a reasonable extent, the plat application shall be subject to denial.

After the plat has been scheduled on an agenda (or at any time prior), the applicant may request, in writing, a waiver of the 30-day approval requirement in order to allow him or her more time to correct deficiencies, address concerns, or otherwise improve the plat pursuant to the City's regulations. After receipt of the request, the City may delay action on the final plat beyond thirty (30) calendar days following the official submission date.

4.

Action by the Commission and City Council. The Commission shall review all subdivision plat applications (except minor plats and amended plats) and if in complete conformance with the provisions of this Ordinance and with all other applicable regulations of the City, then they shall be approved, except in the case of construction plats or certain replats which shall require City Council approval.

The Commission shall review each construction plat application and shall take action to either recommend approval of the construction plat application or approval of the application subject to certain conditions, or shall vote to deny the plat application, within thirty (30) calendar days following the official submission date unless the applicant has submitted a written waiver of the 30-day review/approval time pursuant to subsection 3 above. The City Council shall take action on the plat within thirty (30) calendar days following the Commission's action to recommend approval of the application (or approval with conditions). Affirmation of, or minor modifications to, the Commission's recommendation to approve the construction plat shall require a simple majority vote of the City Council members present and voting, unless a protest has been filed by landowners of 20% of the affected property in accordance with State law, which shall then require an affirmative vote of three-fourths (¾) of the City Council present to approve the plat.

5.

Appeal. If the Commission votes to disapprove (i.e., deny) a plat application, the Commission shall state such disapproval and the reasons therefore. The Commission's vote to deny a plat is final unless a written appeal to the City Council is submitted within ten (10) business days of the Commission's action. A three-fourths (¾) majority of the Council shall be required to overturn a recommendation for denial by the Commission.

f.

Proof of Land Ownership. The City requires proof of land ownership prior to approval of any development application involving real property. Along with the application submission, the applicant shall provide written verification, such as a notarized statement or a power of attorney or other evidence satisfactory to the Municipal Development Department, that he or she is the owner of record of the subject land parcel or parcels, or is the property owner's authorized agent. The Municipal Development Department shall have the authority to determine what document(s) the City will require to prove ownership, such as one of the following:

1.

General warranty deed;

2.

Special warranty deed;

3.

Title policy; or

4.

Some other documentation that is acceptable to the City Manager (or designee).

If ownership cannot be conclusively established prior to the meeting date on which the development application will be heard, the City shall have the authority to deny the application on the basis of protecting the public interest. The applicant may resubmit a new development application, including the submission fees, for the property at any time following such denial.

g.

Lapse of Construction Plat Approval. The approval of a construction plat shall be effective for a period of three hundred sixty-five (365) calendar days beyond the date that the plat was approved by the appropriate authority, except as otherwise provided herein. Unless a guarantee of public improvements has been approved by the City pursuant to Article VI of this Ordinance, by 12:01 a.m. on the 366th day following approval of the construction plat, the applicant must have completed the construction of the project and received final acceptance by the City as set forth below. If this is not accomplished, then the approved construction plat shall be deemed to have expired and shall become null and void, except for any phase for which a final plat has been approved, and a new construction plat application (along with all other required paperwork, plans, fees, etc.) must be submitted, reviewed and approved by the City in order to proceed with development of the property.

1.

All of the following shall occur within three hundred sixty-five (365) calendar days following construction plat approval:

(a)

City Engineer's approval of engineering plans for all proposed public improvements;

(b)

Payment of all applicable site development related fees that are traditionally collected prior to release for site construction; and

(c)

An application for approval of the final plat has been submitted to the City within sixty (60) calendar days following completion of site construction and final acceptance by the City in order to avoid lapse of the approved construction plat (unless such is extended or reinstated pursuant to provisions in this Ordinance).

2.

In a phased development if the Construction Plat is allowed to lapse and become null and void for the initial phase, then all subsequent phases shall at that time become null and void as well. Each subsequent phase of the project must be completed and accepted by the City within three hundred sixty-five (365) calendar days of the filing of the final plat for the previous phase. No subsequent phase shall begin construction until the final plat for the previous phase has been approved and filed with the County. If the final plat application for any phase has not been submitted to the City for approval in the time frame stated herein then the construction plat for all subsequent phases for which no final plat has been approved shall have been deemed to have expired and shall become null and void.

3.

In order to prevent the lapse of approval of a construction plat the owner may submit a request for alternate submittal deadlines expiration periods, or delayed construction of public infrastructure which may be approved only if a timeline for each phase is included in a written developer's agreement submitted with the construction plat for approval or in the absence of a developer's agreement a request for an extension, alternate expiration period or delay in construction of the public infrastructure for each phase is submitted prior to the lapse of the construction plat for approval by the City Council as provided in this ordinance. Any such request shall require security to be provided by the owner in accordance with Section 6 [Article VI] of this ordinance.

h.

Extension and Reinstatement Procedure. Sixty days prior to the lapse of approval for a plat, the property owner may petition the City to extend the plat approval. Such petition shall be considered at a public meeting before the Planning and Zoning Commission and City Council and the City Council at such meeting may grant an extension. If no petition for extension of plat approval is submitted by the property owner then the plat shall be deemed to have expired and shall become null and void.

1.

In considering whether to grant a request for extension, the City Council shall take into account the reasons for lapse, the ability of the property owner to comply with any conditions attached to the original approval, and the extent to which newly adopted subdivision regulations would apply to the plat at that point in time. The City Council shall either extend the plat (either with or without conditions) or shall deny the request, in which instance the originally approved plat shall be deemed to be null and void. The property owner must thereafter submit a new plat application for approval, and shall conform to the subdivision regulations then in effect.

2.

The City Council may extend the plat approval subject to additional conditions based upon newly enacted City regulations or State legislation, or such as are necessary to ensure compliance with the original conditions of approval or to protect the public health, safety and welfare. The City Council may also specify a shorter time for extension of the plat than the original 365-day approval period.

i.

Lapse of Approval of Engineering Plans. The approved engineering plans shall be valid for a period of three hundred and sixty-five (365) calendar days following approval by the City Engineer. The Commission may, upon written request by the applicant, grant an extension of up to an additional 365 calendar days, after which the engineering plans shall be subject to re-approval by the City Engineer if no construction has occurred.

j.

Final Plat Timeline:

1.

Final plat approved by the City Council but not yet filed at Kaufman County - Submission of the plat mylars, filing fees and other materials necessary to file the plat at the County shall be submitted to the City within thirty (30) calendar days of the date of final plat approval.

2.

Final plat that has been filed at Kaufman County - Valid in perpetuity, unless the filed plat is properly amended or vacated pursuant to the provisions of this Ordinance. The City shall file all plats and replats at the County within 15 days of receiving all required signed and sealed prints and documents for filing subsequent to approval by the City.