A. Purpose. The purpose of a Final Plat is to ensure:
1. That the proposed Subdivision and development of the land is consistent with all standards of these Subdivision Regulations and Development Standards pertaining to the adequacy of public facilities,
2. That Public Improvements to serve the Subdivision or development have been installed and accepted by the City, or that provision for such installation has been made, and
3. That all other City requirements and conditions have been satisfied or provided for to allow the Final Plat to be recorded.
B. Applicability. No subdivision of land shall be allowed without proper submittal, approval, and adoption of a Final Plat.
C. Exceptions. A Final Plat is not required when a Minor Plat is submitted (see
3.03.07: Minor Plat).
D. Ownership.
1. The Applicant shall furnish with the Application to the City a current title commitment issued by a title insurance company authorized to do business in Texas, a title opinion letter from an attorney licensed to practice in Texas, or some other acceptable proof of ownership, identifying all persons having an ownership interest in the property subject to the Final Plat.
2. The Final Plat shall be signed by each owner, or by the representative of the owners authorized to sign legal documents for the owners and lienholder, effectively denoting that they are consenting to the platting of the property and to the dedications and covenants that may be contained in the Final Plat.
E. Accompanying Applications.
F. Prior Approved Preliminary Plat. The Final Plat and all accompanying data shall conform to the approved Preliminary Plat, or as the Preliminary Plat may have been amended subsequently by
§ UDC-3.03.05K, Amendments to Preliminary Plats Following Approval, if applicable, incorporating all conditions imposed or required, if applicable.
G. Review by Director of Planning. The Director of Planning shall:
1. Initiate review of the plat and materials submitted.
2. Make available Plats and reports to the Commission for review.
3. Upon determination that the Application is ready to be acted upon, schedule the Final Plat for consideration on the agenda of the next available meeting of the Commission.
H. Action by Planning and Zoning Commission.
1. Approval by the Planning and Zoning Commission is required for all Final Plats.
2. The Commission shall:
a. Review the Final Plat Application, the findings of the Director of Planning, and any other information available.
i. From all such information, the Commission shall determine whether the Final Plat conforms to the applicable regulations of these Subdivision Regulations.
b. Act within thirty (30) calendar days following the Official Submission Date, unless the Applicant submits a Waiver of Right to 30-Day Action as outlined in
§ UDC-3.02.01D.
i. If no decision is rendered by the Commission within the thirty (30) day period described above or such longer period as may have been agreed upon, the Final Plat, as submitted, shall be deemed to be approved by the Commission.
c. Take one of the following actions:
i. Approve the Final Plat;
ii. Approve the Final Plat with conditions, which shall mean that the Final Plat shall be considered to have been approved once such conditions are fulfilled, and until the conditions are satisfied, it is considered denied; or
iii. Deny the Final Plat.
d. A motion to approve a Final Plat shall be subject to the following conditions, whether or not stated in the motion to approve:
i. All required fees shall be paid.
ii. All covenants required by ordinances have been reviewed and approved by the City.
iii. On-site easements and rights-of-way have been dedicated and filed of record and properly described and noted on the proposed plat.
iv. All required abandonments of public rights-of-way or easements that must be approved by the City Council and the abandonment ordinance numbers are shown on the plat.
v. Original tax certificates have been presented from each taxing unit with jurisdiction of the real property showing the current taxes are paid.
I. Final Plat Criteria for Approval. The following criteria shall be used by the Commission to determine whether the Application for a Final Plat shall be approved, approved with conditions, or denied.
1. With Prior Approved Preliminary Plat.
a. The Final Plat conforms to the approved Preliminary Plat except for minor amendments that are authorized under
§ UDC-3.03.05K, Amendments to Preliminary Plats Following Approval and that may be approved without the necessity of revising the approved Preliminary Plat;
b. All conditions imposed at the time of approval of the Preliminary Plat, as applicable, have been satisfied;
c. The Construction Plans conform to the requirements of
Subsection 3.04: Construction Plans and Procedures and have been approved by the City Engineer;
d. Where Public Improvements have been installed, the improvements conform to the approved Construction Plans and have been approved for acceptance by the City Engineer;
e. Where the City Engineer has authorized Public Improvements to be deferred, an Improvement Agreement has been executed and submitted by the property owner in conformity with
Subsection 3.04: Construction Plans and Procedures;
f. The final layout of the Subdivision or development meets all standards for adequacy of public facilities contained in this UDC;
g. The Plat conforms to design requirements and construction standards as set forth in the Engineering Criteria Manual; and
h. The plat conforms to Director of Planning’s subdivision Application checklists and UDC regulations.
2. Without Prior Approved Preliminary Plat.
a. The Final Plat conforms to all criteria for approval of a Preliminary Plat;
b. The Construction Plans conform to the requirements of
3.04.01: Construction Plans and have been approved by the City Engineer;
c. An Improvement Agreement with surety for installation of Public Improvements has been prepared and executed by the property owner in conformance with
Subsection 3.04: Construction Plans and Procedures;
d. The final layout of the Subdivision or development meets all standards for adequacy of public facilities contained in this UDC; and
e. The Final Plat conforms to the Director of Planning’s subdivision Application checklist and UDC regulations.
J. Procedures for Final Plat Recordation upon Approval. The Applicant shall supply to Director of Planning the required number of signed and executed copies of the Final Plat that will be needed to file the Plat with the County (in the County’s required format) at least seven (7) calendar days prior to the meeting at which it will be considered for approval.
1. General.
a. Signatures. After approval of the Final Plat, the Director of Planning shall procure the appropriate City signatures on the Final Plat.
b. Recording upon Performance. The Final Plat shall be recorded after:
i. The Final Plat is approved by the City;
ii. All required Public Improvements have been completed and accepted by the City or an Improvement Agreement has been executed and appropriate surety provided in accordance with
3.04.05: Improvement Agreements and Security for Completion; and
iii. All County filing requirements are met.
2. Submittal of Final Plat. Where Improvements Installed. Where all required Public Improvements have been installed prior to recording of the Final Plat, the Applicant shall meet all requirements in accordance with
Subsection 3.04: Construction Plans and Procedures.
3. Submittal of Final Plat Where Improvements Have Not Been Installed. Where some or all required Public Improvements are not yet completed in connection with an approved Final Plat, the Applicant shall submit the Final Plat as approved, revised to reflect any conditions imposed as part of approval.
4. Update of Proof of Ownership. If there has been any change in ownership since the time of the Proof of Ownership provided under D above, the Applicant shall submit a new consent agreement executed by each owner and lienholder consenting to the platting of the property and the dedications and covenants contained in the Plat.
K. Effect of Approval. The approval of a Final Plat:
1. Supersedes any prior approved Preliminary Plat for the same land.
2. If applicable, authorizes the Applicant to install any improvements in public Right-of-Way in conformance with approved Construction Plans and under an Improvement Agreement (see
Subsection 3.04: Construction Plans and Procedures).
3. Authorizes the Applicant to seek Construction Release (see
3.04.03: Construction Release) or issuance of a Building Permit.
L. Revisions Following Recording/Recordation. Revisions may only be processed and approved as a Replat or Amending Plat, as applicable.
M. Signature Blocks.
1. Signature blocks shall be used in conjunction with the Final Plat.
2. The required signature blocks shall be maintained by the Director of Planning.
