§ 30-308. Development plats.

(a)

Authority. This section is adopted pursuant to the V.T.C.A., Local Government Code, ch. 212, subch. B, and sections 212.041 through 212.050, as amended.

(b)

Purpose. Development plats may be required only to ensure that adequate easements and rights-of-way will be provided with respect to land not subject to platting requirements. Site plan approval is required.

(c)

Applicability. For purposes of this section, the term "development" means the new construction of any building or structure of any nature (residential or nonresidential). The term "development" does not include construction of any building or improvement used for agricultural purposes. This section shall apply to any land lying within the city or within its extraterritorial jurisdiction, as follows:

(1)

The development of any tract of land which has not been platted or replatted prior to the effective date of the ordinance from which this chapter is derived, unless expressly exempted herein; or

(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; or

(3)

The development of any tract of land for which the only access is a private easement or street; and/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.

(d)

Exceptions. No development plat shall be required where:

(1)

The tract to be developed has received final plat or replat approval or was created prior to the effective date of the ordinance from which this chapter is derived; or

(2)

A subdivision plat is also required under the ordinances of the city. The commission may from time to time exempt other development or land divisions from the requirements of this section.

(e)

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 and approved by the commission, or the building official if a minor plat, and filed of record at the applicable county.

(f)

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

(1)

The proposed development conforms to the comprehensive plan, plans, rules and ordinances of the city concerning its current and future streets, sidewalks, alleys, and public utilities facilities;

(2)

Public dedications to serve the development have been tendered; and

(3)

The proposed development conforms to the general plan, rules and ordinances of the city that are related to development of a land parcel not otherwise subject to the city's platting requirements.

(g)

Conditions. The building official, in the case of a minor plat, or otherwise the commission, may impose such conditions on the approval of the development plat as are necessary to ensure compliance with the standards in subsection (f) of this section.

(h)

Approval procedure. The application for a development plat shall be submitted to the city in the same manner as a final plat and shall be approved, conditionally approved, or denied by the commission or the building official, if a minor plat, in a similar manner as a final plat. Upon approval, the development plat shall be filed at the county in the same manner as prescribed for a final plat. Approval of a development plat shall expire if all filing materials are not submitted to the city, and if the plat is not filed at the county within the time periods specified for a final plat.

(i)

Submission to city for review. All application materials for a development plat shall be submitted to the city for review in the same form and manner as for a final plat, or the application shall be deemed incomplete.

(Ord. No. 041008-01, app. A, § 3-08, 4-10-2008)