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HomeMy WebLinkAbout08082019 ZPC Agenda Item 7 Memo To: Zoning and Planning Commission From: Debbie Scarcella,City Planner Date: August 1,2019 Re: Staff Report Subdivision Ordinance Amendments City Staff noted that the Subdivision regulations(Chapter 74 of the Code of Ordinances)had areas that needed updating in order to comply with state statutes. The City contracted with Kendig Keast Collaborative(KKC),a planning consultant firm,to help us identify those areas. After reviewing the City's regulations,the drafter suggested reorganizing the chapter and referencing other sections and chapters of the code of ordinances where applicable to give a developer a more comprehensive understanding of the platting process and how it fits in with the other regulatory sections of the city, such as permitting,site development,construction of streets,water lines,sewer lines and storm water facilities. This is what the drafter tried to accomplish with this proposed amendment. There are more definitions,more specific plat requirements,tables and additional language detailing the process and procedures,and additional development related details and information not in the current ordinance. This did expand the ordinance to 24 pages. • New Proposed Ordinance Chapter 74, Subdivisions Article I. Purpose, Jurisdiction, and Applicability 2 Article II. Subdivision Standards 3 Article III. Administrative Bodies 7 Article IV. Standardized Development Procedures 9 Article V. Plats 13 Article VI. Enforcement and Remedies 20 Article VII. Definitions and Interpretation 22 1 Article I. Purpose, Jurisdiction, and Applicability Section 74-1 - Purposes The purposes of this ordinance are to: A. Provide for the orderly and safe land development within the City; B. Promote the health, safety, and general welfare of the community; C. Ensure that new development is consistent with the City's most recently adopted Comprehensive Plan; D. Ensure that facilities to be accepted and maintained by the City are properly located and constructed; and E. Establish reasonable development restrictions that will neither infringe upon the Constitutions of the United States of America or the State of Texas nor create regulations that are arbitrary or capricious. Section 74-2 - Jurisdiction Unless otherwise noted all provisions of this Chapter apply within the municipal limits of the City of West University Place, Texas. Section 74-3 - Applicability All property proposed for subdivision within the municipal limits of the City shall be in accordance with this Chapter. Section 74-4- Consistency with Zoning and the City Plans A. Zoning. 1. Land Use. No land contained in any proposed subdivision shall be reserved for any land use other than a use permitted within the zoning district where the property is located. (See Appendix A,Zoning Ordinance). 2. Rezoning. No subdivision approval shall be approved that requires a change in zoning until the rezoning request is officially approved in compliance with Appendix A, Zoning Ordinance. B. Plans. All subdivisions shall be consistent with the City's plans including, but not limited to, the City's most recently adopted Comprehensive Plan and Drainage Plan. Section 74-5 - Transition Standards A. Development Approvals Predating the Effective Date. 1. It is the City's intent to respect existing development approvals. Approved development may be carried out within the scope of the development approval, including applicable 2 standards in effect at the time of approval, provided that the approval was valid and has not lapsed per Section 74-44, Inactive and Expired Applications. 2. This section does not prevent the City from enforcing any provision of Chapter 18, Buildings and Development, or any other chapter of the City's Code of Ordinances. B. Pending Applications. 1. Except as provided in subsection (B)2 below, each application for development approval shall be evaluated only by the adopted ordinances and technical regulations in effect at the time that each complete application is submitted. 2. Applications that are not pursued with due diligence may expire pursuant to Section 74- 44, Inactive and Expired Applications. Article II.Subdivision Standards Section 74-11 - Lots A. Lot Size. All lots and tracts must conform to the regulations of Appendix A, Section 5-102, Division of Building Sites. B. Lot Shape. 1. Lots shall be as rectangular as possible. 2. Irregular shaped lots shall have sufficient width at the building line to meet the minimum width requirements of Appendix A, Table 5-1, Building Site Dimensions. C. Lot Lines. Side lot lines shall be at right angles or as close to right angles as possible. D. Street Frontage. Each lot shall have adequate access to an existing or proposed public street with the width of the street area to be not less than 40 feet. E. Lot Consolidation. Lots may be consolidated provided that: 1. The minimum requirements of Appendix A, Section 5-102, Division of Building Sites, have been met; and 2. Upon completion of any and all work permits none or only one of the applicable lots has a primary habitable building located on it. F. Lot Subdivision on Previously Consolidated Lot. Lots that have previously been consolidated may be subsequently subdivided again provided that the newly created lots: 1. Satisfy all requirements of this Chapter and Appendix A, Zoning Ordinance; and 2. Neither of the newly proposed lots would have an accessory building, accessory use, or accessory structure left on the property without a primary building. G. Through Lots. See Appendix A,Zoning Ordinance, Table 7-2, Yards (or 'Setbacks'): Note 1: Through Lots or Building Sites. 3 Section 74-12 - Building Sites See Appendix A, Zoning Ordinance, Article 5, Building Sites and Section 18-53, Building Sites. Section 74-13- Blocks A. Minimum Block Length. Block length shall be a minimum of 500 feet. B. Maximum Block Length. Blocks shall not be more than 1,200 feet in length. Section 74-14- Streets and Public Rights-of-Way A. Right-of-Way Width. The City shall maintain the existing right-of-way width necessary to provide the paved streets and sidewalks that presently exist throughout the City. B. Street Pavement Width. The City shall maintain the existing street pavement width necessary to maintain the existing street network throughout the City. C. Alleys.The creation of new alleys is prohibited. D. Private Streets. The creation of new private streets is prohibited. E. Street Lighting. Street lighting shall be provided and meet the standards as provided in the City's Construction Design Manual[uii. F. Street Name and Traffic Signs. All street name and traffic signs shall be provided by the City. G. Traffic Impact Analysis. 1. Where a proposed new development may create either increased traffic, intersection congestion, or any transportation concern, the City may require the developer to fund a traffic impact analysis. 2. The developer may be required to share with the City the cost of any traffic management facility as is roughly proportional to the new development. Section 74-15 - Access Management Distance between Driveways and Intersections. Driveways shall be located a minimum of 35 feet away from the intersection of streets or other driveways, measured from the curb return of the street to the curb return of the portion of the driveway closest to the street. Section 74-16- Curbs, Gutters, and Sidewalks See Section 18-62, Curbs, Gutters, and Sidewalks. Section 74-17- Easements A. Drainage and Stormwater Easements. When a subdivision has a natural channel, stream, or drainage from an adjacent property, the final plat must dedicate a permanent drainage 4 easement to the City with sufficient width to accommodate the natural channel, stream or drainage, plus an additional width to accommodate projected future runoff. B. Utility Easements. Easements across lots centered on rear and side lot lines shall provide for utilities where necessary and shall be a minimum of 10 feet wide for two utility services (e.g., electric, gas, telephone, etc.) or 14 feet to 20 feet for two or more utility services. C. Water and Wastewater Easements. Easements required for water and wastewater shall be a minimum of 10 feet in width in the right-of-way of the front property line. D. Encroachments and Removal of Encroachments. 1. No Encroachments within an Easement. No structures or permanent encroachments shall be allowed to be located within the area of any easement required by this Section. 2. Right of Removal. While the City or utility provider benefiting from the easement will make efforts to minimize disturbances, both, however, shall have the right to remove any encroachment, structure, fence, landscaping (including overhanging limbs, shrubbery, or vegetation), or other improvements placed upon or over such easement. 3. Cost of Removal. The City may assess the cost of removing an unauthorized improvement from an easement against the landowner, including the placing of a lien on the property. 4. Restoration. The City and/or utility provider shall not be obligated to restore or replace any such encroachment but shall restore any disturbed ground surfaces with seeding. E. Maintenance of Easements. The responsibility for the regular maintenance of the ground surface in any easement shall rest with the owner of the property within which the easement exists. Section 74-18- Survey and Monument Specifications A. Information Required. 1. Generally. The following shall be used for mapping natural resources or other features of subdivision plats, site development plans, or other plans or plats as otherwise required by this Section. In general, boundaries shall be measured as follows: a. Measurements for the boundary are to be made horizontally, perpendicular from, or radial from any feature or point. b. Boundaries that are dependent on elevation shall be based upon on-site elevations and shall not be interpolated. 2. Waterbodies and Watercourses. a. Floodplains. All development within the City, not part of a previously approved plan or plat, shall show the boundary of the floodplain and floodway, if such exists on the site. Such delineation shall be by a registered professional land surveyor. 5 b. Streams. Streams (perennial, intermittent, mapped, and unmapped) with identifiable banks and beds shall have their boundaries set at the top of the bank. c. Wetlands. Wetlands shall be measured by the criteria of the U.S. Army Corps of Engineers. d. Other Waterbodies/Watercourses. Initial identification of other waterbodies/watercourses not otherwise classified shall be made using the U.S. Geological Survey quadrangle maps or more accurate information, as available. Field survey verification to determine evidence and location of channelized flow is required for subdivision plats and site development plans. 3. Topography. Topographic lines are required and shall be drawn at one-foot contour intervals unless such intervals are impractical due to essentially flat topography. B. Monumentation. Survey monuments shall be required. 1. Monument Markers. All boundary corners, angle points, or points of curvature or tangency, including block corners, lot corners, street intersections, and all angle points and points of curvature in street lines must be monumented by a surveyor using sufficient, stable and reasonably permanent survey markers. 2. Monument Size and Material. Each monument shall be described in such a way as to clearly define the size, type of material, and the nature of the monument (i.e., three- fourths-inch iron pipe, five-eights-inch iron rod, cotton spindle, mag nail, etc.). 3. Standards. All monuments shall be set to the standard of the Texas Board of Professional Land Surveying Practices Act and the general rules of practices and procedures of the Texas Board of Professional Land Surveying and shall bear reference caps as indicated. 4. Benchmarking. a. Location. A benchmark monument or survey marker of a sufficient, stable, and reasonably permanent nature shall be found or placed within the boundaries of or within 300 feet of the boundaries of the subdivision for project elevation control. b. Identification. The placement of the benchmark with the location, description, and elevation of the benchmark shall be identified on the face of the plat. c. Reference. All project benchmarks and all project elevations shall be referenced to the published National Geodetic Survey (NGS) datum adjustment of the current Federal Emergency Management Agency (FEMA) Flood Insurance Rate Map (FIRM) for the property location. Equations may be used to translate other datum adjustments to the required adjustment. 6 Section 74-19 - Sewer,Water and Utility Connections A. Generally. All lots or tracts in subdivisions shall be provided by the applicant with a water supply, water distribution system, fire hydrants, and a sewer system that City's Construction Design Manual.[u2] B. Requirement for Permits. See Section 18-64, Utility Availability, Major Development. Section 74-20- Construction Improvements A. Construction Requirements. See Sec. 70-261, Construction and Maintenance of Structures. B. Performance Bond. 1. Bond Required. Before starting any construction activity, including land clearing, a developer must obtain a performance bond guaranteeing to the City the installation of all of the required improvements within a specified time. 2. Cost of Bond. The cost of the performance bond is based on the estimated cost of the improvements and shall be in an amount approved by the Administrative Official. C. Applicant Report upon Completion of Improvements. When the required improvements of this section are completed, the applicant shall submit a written report to the Administrative Official stating that all required work has been completed in accordance with the approved plans and specifications. D. City Acceptance. See Section 74-45, City Acceptance of Improvements. Section 74-21 - Drainage, Stormwater and Flood Management A. Drainage and Stormwater. 1. Drainage facilities shall be installed so as to drain all lots in a subdivision and to handle incoming flows from natural channels, streams and other drainage, and the sufficiency of such facilities shall be approved by the Public Works Director. 2. All water runoff shall drain into the street from the same lot address either naturally or through an internal drainage system, unless otherwise indicated on the final plat. 3. For further information see the City's Stormwater Management Plan. B. Flood Management. See Chapter 18, Article IX, Flood Damage Prevention. Article III. Administrative Bodies Section 74-31 - Administrative Official A. Right of Inspection.The Administrative Official is empowered to enter any building, structure, or premises in the City upon which a development or land use is located, as follows: 7 1. Entry shall be for the purpose of inspection to ensure compliance with this Chapter or any other Chapter of the City's Code of Ordinances. 2. Inspection shall be performed during business hours, unless an emergency exists. 3. Inspection shall be made only after: a. Contact and permission is granted by the owner or tenant; or b. An order from a court of competent jurisdiction. B. Interpretation. The Administrative Official shall have the right to interpret provisions of this Chapter. Should an applicant not agree with the Administrative Official's interpretation, he or she has the right to appeal as per Section 74-69,Appeals. C. Responsibilities. The Administrative Official shall: 1. Establish deadlines for how far in advance an initial application must be submitted to be reviewed by either the City Council and/or the Planning and Zoning Commission; 2. Provide application materials for applicants; 3. Schedule and coordinate all Development Review Committee (DRC) meetings (See Section 74-33 - Development Review Committee); 4. Decide all administrative approvals as per Section 74-51, Table of Platting Requirements; 5. Complete a staff report for all proposals that request approval under this Chapter of the City's Code of Ordinances; 6. Submit in writing to an applicant any specific conditions required as a part of conditional approval for any and all applications; and 7. Enforce the provisions of Article VII, Enforcement and Remedies by: a. Providing in writing the violation and/or the specific area(s) of noncompliance to the person deemed to be in violation of any provision of this Chapter; b. Bringing violations and/or lack of compliance to the attention of the Planning Commission, City Council, or other appropriate agency; and c. Issuing or undertaking any remedies as deemed necessary by Section 74-73, Non- Judicial Remedies, and Section 74-74,Judicial Remedies. Section 74-32- City Council A. Establishment.The City Council is established by the City of West University Place Home Rule Charter, Article II, City Council. B. Powers and Duties.The City Council reserves to itself all of the powers and duties that are not expressly delegated within this Chapter of the Code of Ordinances. (See Home Rule Charter, Section 2.08, Powers of Council). 8 Section 74-33 - Development Review Committee (DRC) A. Membership. 1. The DRC shall be comprised of the City Staff designated by the Administrative Official and representatives from each referral agency that reviews development projects in conjunction with the City. 2. Based on the nature of the application, DRC meetings can be limited to those staff and agencies affected by the development, or can be expanded to include additional agencies or staff with review responsibilities. B. Meetings. DRC meetings shall be convened by the Administrative Official, as necessary. C. Responsibilities.The DRC shall have the role to review and provide technical recommendations concerning any application specified in this Chapter of the City's Code of Ordinances. Section 74-34- Zoning and Planning Commission (ZPC) A. Establishment. The Zoning and Planning Commission (ZPC) is established by Home Rule Charter, Section 5.03, Zoning and Planning Commission. B. Powers. Unless otherwise designated, the ZPC shall have the responsibility for the approval of all plans, plats, and permits as designated by this Chapter in accordance with TLGC Chapter 212. (See Home Rule Charter, Section 5.04, Zoning and Planning Commission: Powers and Duties). Article IV. Standardized Development Procedures Section 74-41 - Pre-Application Conference A. Applicant Responsibilities. An applicant shall: 1. Consult early and informally with the Administrative Official; and 2. Avail himself to the advice and assistance of the Administrative Official. B. Administrative Official Responsibilities.The Administrative Official shall: 1. Informally confer with the applicant; and 2. Advise and assist the applicant in the procedure for approval of plats and on regulations and policies of the City regarding development within the corporate limits. Section 74-42- Application Filing Process A. Generally. Every process established by this Chapter of the Code of Ordinances shall be submitted on a form approved by the City with the appropriate application fee in accordance with Appendix E, Fees and Charges Schedule, of the City's Code of Ordinances. 9 III B. Payment of Fees. 1. All fees for all plats (regardless of whether it is an original submittal or resubmittal) shall be paid at the time of application submittal. 2. No plat, permit, or application shall be approved unless and until such costs, charges, fees, or expenses are paid in full. C. Forms.The City may revise any applicable form to comply with any new or revised requirements of this Chapter. D. Title Report. A current title report (within the past 60 days as of the application date) is required to be filed with the City as part of the application process for any and all plats. (See Article V, Plats. E. Time and Location of Hearing. 1. 30 Day Requirement. For all matters properly brought before the City Council or the ZPC, the date of the meeting shall be no later than 30 days following the submission of a complete application per Section 74-43,Application Completeness Review. 2. Specific Time and Location. Provided that the 30-day time requirement as discussed in subsection E(1) is met, the City shall be responsible for selecting a reasonable time and place for the hearing to be held. F. Denial and Resubmittal of Plat. A subdivider may not submit an additional application for subdivision of the same lot or tract within 12 months of the date of denial unless the applicant can show to the ZPC's satisfaction that there is a material change in circumstances related to the application. Section 74-43 - Application Completeness Review A. Generally. Upon receipt of an application pursuant to this Chapter, the Administrative Official shall provide the applicant with a dated receipt. Within ten working days of receipt of an application, the Administrative Official shall review the application and determine if: 1. The application includes all required materials and information; and 2. Those parts of the application which are required to be prepared by licensed professionals are, in fact, prepared by such professionals. B. Determination of Completeness. 1. If the application is complete, the Administrative Official shall notify the applicant in writing of this determination and require the applicant to provide a sufficient number of copies of the application. 2. No application is complete until all up-front fees for review are paid. 3. The time period for processing an application after completeness review does not start unless the fees are paid. 10 li Administrative Official, the filing fee is 4. Once an application has been accepted by the Administ at e O g non-refundable. C. Determination of Incompleteness. If the application is incomplete, the Administrative Official shall notify the applicant in writing, specifying the additional materials or information required to complete the application. The applicant shall provide these materials within ten working days of the request or the application will be withdrawn. An application that is withdrawn may be re-filed at a future date however a new filing fee will be required. Section 74-44- Inactive and Expired Applications A. Generally. Applications must be diligently pursued by the applicant.This Section includes procedures to void applications that become stale due to applicant inaction. B. Expiration of Applications. 1. Inactive. An application becomes an "inactive application" for failure to comply with this Chapter, preventing it from being docketed for action or approved. 2. Stale. a. Generally. Inactive applications become "stale" after 90 days of the filing of the application if the applicant fails to address staff or referral agency review comments. b. Exception. When the applicant is actively pursuing action to address comments in coordination with staff, in which case the application shall become stale after 180 days of the date when the action was originally requested. 3. Void. Stale applications are automatically voided six months after the original date when the action was requested if the applicant fails to take action or requests an extension of time for cause. 4. No Refund of Fees. If a plat becomes stale and is voided, application fees will not be refunded and a new application and fees are required to file a subsequent plat. C. Extension of Time. Prior to a stale application being voided, an application may be extended for up to six months upon written request of the applicant for cause only. D. Change in Ordinance Provisions. If the City amends this Chapter or adopts other regulations during the period of time when an application is inactive and/or stale, the application shall not be subject to compliance to the new regulations unless the application becomes void. Section 74-45 - City Acceptance of Improvements For the City to accept the dedication of any public infrastructure improvement the following procedural steps are required: A. Developer Report. See Section 74-20.C,Applicant Report upon Completion of Improvements. 11 B. City Staff Review. 1. The City's Director of Public Works shall approve all water and sewer facilities. 2. The City's Building Official shall complete a satisfactory final inspection confirming that all work, cleanup, and requirements of the ZPC have been completed. C. City Council Acceptance. Upon satisfactory completion of the developer report and City Staff report, the City Council shall formally accept the public improvements and release any excess funds held in the performance bond that the applicant was required to post in accordance with Sec. 74-20.B, Performance Bond. Section 74-46- Public Notice A. Generally. Notice of any ZPC hearing on a subdivision application, whether by publication or by mail, shall be given as required by TLGC Chapter 212. B. Content of Notice. Notice shall include: 1. The date, time, and place of the hearing; 2. Staff contact and phone number; 3. A full legal description of the property; and 4. A statement that the public is invited to review and comment on the application. C. Constructive Notice. 1. Minor Defects. Minor defects in any notice shall not impair the notice or invalidate proceedings pursuant to the notice if there was a bona fide attempt to comply with applicable notice requirements. Minor defects in notice shall be limited to errors in a location map, typographic or grammatical errors, or errors of actual acreage that do not impede communication of the notice to affected parties. 2. Failure to Receive Notice. Failure of a party to receive written notice, when notice has been actually mailed, shall not invalidate subsequent action. 3. Questions Concerning Adequacy of Notice. If questions arise regarding the adequacy of notice, the City Council or the ZPC may direct City Staff to make a formal finding as to whether there was substantial compliance with the notice requirements of this Chapter and the TLGC. D. Types of Required Notice. 1. By Mail. Notice by mail, when required, shall be provided to each property owner, as required by law, and as indicated by the most recently approved municipal tax roll of real property. 2. By Publication. Notice by publication, when required, shall be provided in accordance with the requirements of the TLGC. 12 E. Computation of Time Requirement. In computing the time periods for notice, the day of mailing, publication, or posting shall not be counted, but the day of the public hearing shall be counted. F. Required Public Notice Table. Table 74-46, Required Public Notice, sets out the specific notice requirements for each type of application when public notice is required. Table 74-46 Required Notice Type of Application By Mail By Publication Plats Preliminary Plats Not Required Required Final Plats Not Required Required Consolidated Preliminary and Final Plats Not Required Required Minor Plat Amendments Not Required Not Required Replats Required Required Notes: 1. Required per Texas Local Government Code(TLGC)Section 212.015 Article V.Plats Section 74-51 - Table of Platting Requirements Table 74-51 Platting Requirements lin See TLGC Chapter 212, Municipal Regulation of Subdivisions and Zoning and Sec.74-52, Preliminary Subdivision of Required prior to Property Development Planning Preliminary Plats real property final plat and Sec. 74-52, Consolidated Commission Plats Preliminary and Final Plats Required after preliminary plat See TLGC Chapter 212, and prior or Zoning and Subdivision of Municipal Regulation Sec.74-53, Final Plats real property concurrent with of Subdivisions and Planning Final Plats site Commission development Property Development plan 13 Table 74-51 non, Platting Requirements Platting Requirements Subdivision of real property Prior or Sec.74-54, Consolidated (only applicable concurrent with Zoning and Consolidated Preliminary and for projects site N/A Planning Preliminary Final Plats meeting the development Commission and Final requirements plan Plats of Sec.74-54) Amendments Whenever Minor Plat to plats which requirements Sec.74 55, Amendments fall under TLGC can be identified None Administrative Minor Plat Sec.212.016, Official Amendments Amending Plat. as being met After plat See TLGC Chapter 212, Sec. 74-56, Zoning and Replats(Major Subdivision of approval when Municipal Regulation Replats Planning Modifications) real property edits to a plat of Subdivisions and (Major Commission are necessary Property Development Modifications) Section 74-52- Preliminary Plats A. Required Plat Specifications.The preliminary plat shall show the following: 1. The names, addresses, and telephone numbers of the record owner of the lot, tract or parcel proposed to be subdivided, and the owner's agent, if any. 2. A description, by metes and bounds, of the proposed subdivision and of the lot, tract or parcel from which the subdivision is proposed. 3. Subdivision boundary lines (indicated by heavy lines) and other lot lines in the immediate vicinity. 4. The computed area of the subdivision, each lot in the subdivision, and a number or letter to identify each lot or tract. 5. A north arrow. 6. The date of plat preparation. 7. The scale of plat which shall be one inch equals 20 feet minimum. 8. The front building setback lines on all lots and tracts. 9. The side yard building setback lines on corner lots, if applicable. 14 10. The street to which the lot or tract is dedicated and the proposed street address (if available). 11. The proposed easements for drainage, public utility easements and streets, both public and private. 12. The standards as set out in Section 74-18, Survey and Monument Specifications. 13. A location inset, preferably in the upper right corner of the plat, to show the subdivision in relation to well-known streets, streams, and natural channels in all directions for a distance of at least one-fourth mile. 14. All proposed rights-of-way must be separately identified as distinct from other lots on the plat. B. Required Submittals. Applicants shall submit the following prior to the City determining whether all elements of the application are complete via Section 74-43, Application Completeness Review: 1. Full Filing Fee as provided on the City's Schedule of Fees. 2. An electronic copy in PDF format which can be easily printed at a scale of 24 x 36 inches and stamped "Preliminary Plat" that meets or exceeds the requirements of this section. 3. Letter of transmittal, stating briefly the type of street surfacing, drainage, sanitary facilities, and water supply proposed. 4. The name and address of the owner and/or the owner's agent. 5. A statement of the extent of the applicant's ownership. 6. A boundary description of the land. 7. A notarized certificate on the face of the plat, executed by the applicant, which certifies that all of the following is fully shown and accurately identified: a. All existing encumbrances, such as all easements for utilities and drainage; b. Significant topographical features; and c. All of the contiguous land which the applicant owns or has a legal interest in. 8. Plans and engineering calculations which shall all contain the seal and signature of a registered professional engineer. 9. Any additional supplemental materials as applicable in other sections of this Chapter. C. Action by Zoning and Planning Commission (ZPC).The ZPC shall: 1. Within 30 days after the preliminary plat has been properly filed and the requirements of Section 74-43, Application Completeness Review, have been satisfied; 2. Must conclude one of the following: a. Approval; 15 b. Approval with conditions; or c. Disapproval; and 3. Must record the action taken on two copies of the preliminary plat. D. Conditional Approval. 1. Conditional approval shall be considered to be the status of a plat or replat until such conditions are complied with. 2. All conditions imposed as part of a conditional approval, shall be furnished to the applicant in writing. E. Effect of Approval. 1. Approval of the preliminary plat shall be deemed an expression of general approval of the layout of streets, water, sewer and other required improvements and utilities and shall not constitute acceptance of the final plat. 2. Should an applicant decide to not move forward with a final plat application, there is no requirement that an approved preliminary plat be formally vacated. F. Effect of Disapproval. Should the ZPC disapprove a plat, the ZPC shall within ten business days notify the applicant in writing of the actions taken and the reasons for why said action was taken. G. Effect of No Decision. If no decision is rendered by the ZPC within 30 days after the preliminary plat has been filed and the requirements of Section 74-43, Application Completeness Review have been satisfied, the preliminary plat, as submitted, shall be deemed to be approved. H. Expiration. Preliminary plat approval will expire six months after the approval by the ZPC. For this reason, there is no requirement that a preliminary plat that has been approved be vacated, should an applicant decide against moving the project forward. I. Extension. The applicant may apply in writing for an extension prior to the end of such six month period. This period may be extended six months, but not beyond a total of one year. J. Required Public Notice. See Section 74-46, Public Notice. Section 74-53- Final Plats A. Conformance to Preliminary Plat.The final plat and accompanying data shall conform to the form and content of the preliminary plat and other required data as conditionally approved by the ZPC incorporating any and all changes, modifications, alterations, corrections and conditions as set out in the letters of preliminary approval from the ZPC. B. City Not Liable to Furnish Improvements. The acceptance of a final plat by the city does not in any manner obligate the City to finance or furnish any storm sewers, drainage 16 structures, street, water, sewer improvements or any other items or improvements whatsoever. C. Easements. The final plat must clearly document all easements that are required by Section 74-17, Easements and any of provisions of this Municipal Code. D. Right-of-Way Dedication. Rights-of-Way intended for public facilities shall be properly dedicated to public use and title transferred to the appropriate public agency. The final plat must provide clear evidence of the intent to complete this transfer. E. Required Public Notice. See Section 74-46, Public Notice. Section 74-54- Consolidated Preliminary and Final Plats A. Applicability.The applicant may, at his option, elect to combine the preliminary plat and final plat process, whenever the following conditions are satisfied: 1. The tract of land is to be re-subdivided into no more than three lots; and 2. The dedication of streets, utilities, and infrastructure is not required. B. Required Public Notice. See Section 74-46, Public Notice. Section 74-55- Minor Plat Amendments A. Applicant Responsibilities. An applicant requesting a minor plat amendment shall submit to the Administrative Official: 1. An electronic copy in PDF format which can be easily printed at a scale of 24 x 36 inches and stamped "Preliminary Plat" that meets or exceeds the requirements of this section; and 2. A statement: a. Detailing the specific minor plat amendment requested; and b. Identifying the specific subsection of TLGC Sec. 212.016,Amending Plat, that permits the plat to be amended without requiring a replat. B. Administrative Official Responsibilities. The Administrative Official may: 1. Administratively approve minor plat amendments when the requirements of TLGC Sec. 212.016 are met; or 2. Elect to present the plat to the Planning and Zoning Commission for approval, conditional approval, or denial. Section 74-56- Replats(Major Modifications) A. Applicability. All replats, excluding those that qualify for a minor plat amendment per Section 74-55, Minor Plat Amendments, are required to be revised in accordance with this section. 17 B. Legally Protested Supermajority. 1. Vote Requirement. If a proposed replat is protested [as described in subsection (2) below] the replat must receive, in order to be approved, the affirmative vote of at least three-fourths of all members of the ZPC. 2. Legal Protest Standard. For the legal protest approval standard to be applicable, a written petition signed by the owners of at least 20 percent of the area of the lots or land immediately adjoining the area covered by the proposed replat and extending 200 feet from that area, must be filed with the Administrative Official more than 24 hours prior to the opening of the public hearing. C. Procedural Process. Replats may be submitted through the Final Plat process. See Section 74-56 - Final Plats D. Required Public Notice. See Section 74-46, Public Notice. Section 74-57 - Building Permit A. Final Plat Required. No building, repair, plumbing or electrical permit shall be issued by the City for any building or structure on a lot or tract unless a final plat has been approved pursuant to the provisions of this Chapter and filed for record with the City and the County Clerk. B. Completion of Construction Improvements Required. The Building Official may not authorize the issuance of permits for buildings in the subdivision until all improvements are completed in accordance with the requirements of Section 74-20, Construction Improvements. C. Completion of Site Development Plan and Drainage Plan. The Building Official may not authorize the issuance of permits for buildings until all required site development plans (See Section 18-54,Surveys; Site Plans) and drainage plans (See Section 18-56,Site Drainage; Drainage Plans) have been fully submitted and approved by the Building Official. D. Building Official Responsibilities.The Building Official shall be responsible for the issuance of all building permits. See Chapter 18, Buildings and Development. Section 74-58- Floodplain Development Permit See Chapter 18, Article IX, Flood Damage Prevention. Section 74-59- Site Development Plan See Section 18-54,Surveys;Site Plans Section 74-60- Site Drainage Plan See Section 18-56, Site Drainage; Drainage Plans 18 Section 74-61 - Text Amendment A. Initiation of Amendment Request. Requests for amendments to the text of this Chapter may be initiated by the request of the ZPC, City Council, the Administrative Official, or the public at-large to amend, add, or repeal any portion of this Chapter that is not required by either Texas or Federal Law. B. Amendment Request Process. All text amendments to this Chapter shall first be reviewed by City Staff and then subsequently reviewed by ZPC with a recommendation provided to the City Council as to whether the amendment should be adopted. C. Criteria for Approval. The following shall be considered by the ZPC and the City Council in determining whether to adopt or recommend for adoption. The proposed amendment shall: 1. Promote the health, safety, and general welfare of the City; 2. Promote the safe, orderly, efficient, and healthful development of the City; 3. Be consistent with other regulations within the City's Code of Ordinances; and 4. Be consistent with the policies of the most recent Comprehensive Plan for the City. D. Clerical Error Amendments. The City Council may, by resolution and without requiring the provisions of subsections (B), (C), and (D): 1. Correct spelling or punctuation errors; 2. Cross-reference changes or errors; or 3. Correct other matters determined by the City Attorney to be of a clerical nature and not requiring the public notice requirements of Section 74-46, Public Notice. E. Required Public Notice. Shall be as required by City Ordinance and TLGC. Section 74-62- Variances A. Unnecessary Hardship Standard.The ZPC may authorize a variance when an applicant can show that a provision of these regulations: 1. Would cause unnecessary hardship if strictly adhered to; and 2. Is because of a physical condition peculiar to the land. B. Procedural Requirements. 1. Any variance authorized is required to be entered into writing into the minutes of ZPC meeting specifically stating the reason(s) for which the variance was approved. 2. Not less than two-thirds of the entire membership of the ZPC (not just those present at the meeting) must approve the request. C. Required Public Notice. See Section 74-46, Public Notice. 19 Section 74-63 - Appeals A. Purpose. The purpose of the appeals process is to provide an opportunity for affected parties to seek review of a decision by either an Administrative Official or a public body in a timely and inexpensive manner. B. City Staff Decisions. All decisions of the Administrative Official, Director of Public Works, Building Official, or any other properly designated City Staff representative pertaining to this Chapter, may be appealed to the ZPC. C. Deadline to Appeal. All appeals must be fully completed and submitted to the City 30 days after an official decision. D. Content.The request for appeal shall clearly state each alleged error or ground for protest which the appellant intends to assert. It cannot be amended, supplemented, or modified after the public notice of the meeting is posted. E. Scope of Review. The ZPC shall review the application in the same manner, using the same approval criteria as the decision-maker. However the following shall apply: 1. No new evidence shall be presented to the ZPC that was not considered by the decision- maker; and 2. No issues shall be reviewed by the ZPC that were not described by the request for appeal. F. Parties to Appeal. 1. Only parties shall have standing to bring an appeal. No appeal by a person who is not a party shall be heard. 2. A person is a party if it demonstrates: a. That final action of the City caused it injury; b. The injury is different in kind or degree from injury to members of the general public; and c. The injury can be remedied if the appeal is granted. 3. Any person that owns property within 300 feet of any parcel line that is the subject of the appeal shall not be required to demonstrate injury. G. Required Public Notice. See Section 74-46, Public Notice. Article VI. Enforcement and Remedies Section 74-71 - Violations A. Timeframe for Noncompliance to be addressed. 20 1. Upon delivery of a proper noncompliance letter the person receiving the letter shall have 10 business days to achieve compliance. 2. Failure to comply with a noncompliance letter within the 10 business day requirement shall constitute an offense. B. Other Lawful Actions Permitted. Nothing herein contained shall prevent the City or other appropriate authority from taking such other lawful action as is necessary to prevent or remedy any violation. C. Complaints. Whenever a violation of this ordinance occurs, or is allowed to have occurred, any person may file a written complaint. Such complaint shall state fully the causes and basis thereof. Said complaint shall be filed with the Administrative Official. The Administrative Official shall then immediately investigate and take any action that is appropriate per the regulations of this Chapter. Section 74-72- Penalties See Section 1-7, General Penalties for Violations;Alternative Enforcement. Section 74-73- Non-Judicial Remedies The City may on its own accord enforce any violation of this Chapter by using the following means and methods: A. Withholding Permits.The City may deny or withhold permits, approvals, or other forms of authorization for failure to comply with the requirements of this Chapter or those requirements of a referral agency. B. Temporary Revocation of Permits.The City may temporarily revoke permits to address an imminent danger to public health, public safety, public or private property or to prevent irreparable harm. C. Suspension of Permits.The City may suspend any permits to allow for the correction of a violation or in response to a judgment of a court of competent jurisdiction. D. Revocation of Permits and Approvals. 1. Generally. Any permit or other approval required by this Chapter may be revoked when it is determined that: a. There is a violation of any provision of this Chapter; b. The permit or approval was issued in error or based on false representation; c. Upon the request of a referral agency with jurisdiction and due cause; or d. There is a departure from approved plans or plats as required under the permit, this Chapter, or the construction requirements. 2. Notice. Written notice of revocation shall state a time frame to correct the violation. 21 3. Effect of Notice. No work or construction may proceed after service of the revocation notice except work that is either: a. Necessary to correct a violation; or b. Involves public safety and has the potential to create irreparable harm. 4. Failure to Correct. After the period to correct the violation lapses, and said violation has not been corrected or abated, the City may take action to correct such violation and may place a lien upon the property or improvements to the property in an amount to cover all costs related to correction or abatement of the violation. E. Stopping Work. 1. Administrative Official Authority. The Administrative Official shall have the authority, with or without revoking permits, to stop any or all construction activity necessary to halt, correct, or prevent a violation of this Chapter by issuing a written stop work order. 2. Issuance of Order. Upon issuance of a stop work order, the permittee and/or operator shall immediately stop all activity until authorized, in writing, by the City to proceed. F. Cease and Desist Orders. The City may issue a cease and desist order to close unlawful land uses or to halt a violation of this Chapter. Section 74-74- Judicial Remedies The City may seek the following judicial remedies or any other judicial remedy as permitted by law to enforce this Chapter in any court of competent jurisdiction: A. Injunctive Relief. The City may seek an injunction to stop any violation granted under this Chapter. In any court proceedings in which the City seeks a preliminary injunction, it shall be presumed that a violation of this Chapter is, or may be, an injury to the public health, safety or general welfare or that public health, safety or general welfare may be irreparably injured. B. Abatement. The City may seek a court order in the nature of mandamus, abatement, or other action to abate or remove a violation, or to otherwise restore the premises in question to the condition in which they existed prior to a violation. Article VII. Definitions and Interpretation Section 74-81 - Rules of Construction A. Headings. Section and subsection headings are provided for illustrative purposes only and shall not be deemed to limit, govern, modify, or otherwise affect the scope, meaning, intent of any provision of this Chapter. 22 B. Conflict between Text and Tables. In the case of any real or apparent conflict between the text of this Chapter and any illustration, figure, or table explaining the text, the text shall control. C. Shall and May. 1. "Shall" is always mandatory. 2. "May" is always discretionary. D. Interpretation. The provisions of this ordinance shall: 1. Be held to be minimum requirements; 2. Be liberally construed in favor of the governing body; and 3. Not be deemed a limitation or repeal of any other powers granted by state statute. E. Word Tense. Words used in the singular include the plural, and the plural the singular, unless the context clearly indicates the contrary. Section 74-82- Definitions Accessory shall mean a building, structure, or use that is lawfully permitted and subordinate to a lawfully permitted principal building, structure, or use on the same building site. Administrative Official shall mean the City Manager or his designee to administer the regulations and provisions of this Chapter of the Code of Ordinances. Applicant shall mean any owner of real property or their agent, dividing or proposing to divide land so as to constitute a subdivision. Block shall mean an area bounded by street areas and occupied by or intended for occupancy by buildings. City shall mean the City of West University Place,Texas. City Council shall mean the City Council of the City of West University Place, Texas. Easement shall mean a granted right to a person to use land owned by another for a specific purpose. Final plat shall mean the map or drawing on which an applicant's plan of subdivision is presented in final recordable form for approval by the ZPC. Inactive application shall mean an application that has been submitted to the City, however the application does not fully comply with the standards of this Chapter meaning that City Staff is unable to place it on a ZPC agenda for potential adoption. Local street shall mean all streets within the municipal limits of the City that are not identified by this Chapter as being a major thoroughfare. 23 Lot shall mean a contiguous area of land with boundaries established by a legal instrument such as a recorded deed, court order, or a recorded plat, which is recognized as a separate legal entity for purposes of transfer of title.The term "lot" does not include areas within rights-of- way and shall not be construed to allow the creation of lots that are not lawfully created in conformance with the provisions of this Chapter. Major thoroughfare shall mean the following streets that are either within the City limits or directly border the City: Bissonnet St., Kirby Dr., Bellaire Blvd., and West Holcombe Blvd. Minor Plat Amendment shall mean a type of replat that can be approved administratively because the necessary edits being requested are of the type identified by TLGC Sec. 212.016, Amending Plat. Person shall mean a natural person, partnership, corporation, sole proprietorship, representative, governmental entity, unincorporated business association or any other entity. Plat shall mean a map or chart of a subdivision including replats. Preliminary plat shall mean the map or drawing on which an applicant's plan of subdivision is initially presented to the ZPC. Replat shall mean a subdivision plat representing land that has previously been included in a recorded subdivision plat. Right-of-Way shall mean area on, below, or above a street, sidewalk, alley, waterway, or utility easement in which a governmental body has a legal interest.The term does not include the wireless telecommunications. Stale application means an inactive application for a subdivision that has been submitted to the City not meeting the requirements necessary for approval and the applicant has failed to address the City Staff and/or referral agency comments 90 days after the comments have been forwarded to the applicant. Street shall mean a public right-of-way for vehicular traffic (including bicycles) whether designated a street, highway, thoroughfare, parkway, throughway, road, avenue, boulevard, lane, place, public roadway or however otherwise designated. Subdivision shall mean the division of a lot or tract of land into two or more lots, sites or other divisions of the land for the purpose, whether immediate or future, of sale or building development. Tract shall mean a portion of a subdivision intended for development, typically being substantially larger than a lot and intended for either large scale development, future subdivision into smaller lots, or preservation as open space. Zoning and Planning Commission (ZPC) shall mean the ZPC for the City of West University Place, Texas. 24 Existing Ordinance Chapter 74-SUBDIVISIONS ARTICLE I. - IN GENERAL Sec. 74-1. -Definitions. For the purposes of this chapter, the following words and phrases shall have the meanings ascribed to them by this section. Definitions not expressly prescribed herein are to be construed as set out in the zoning ordinance, V.T.C.A., Local Government Code ch. 212 or in accordance with the customary usage in municipal planning and engineering practices. Final plat shall mean the map or drawing on which a subdivider's plan of subdivision is presented in final recordable form for approval by the Z&PC. Natural channel shall mean a discernible natural water drainage channel of discrete width as opposed to general puddling over a substantially uniform surface. Preliminary plat shall mean the map or drawing on which a subdivider's plan of subdivision is initially presented to the Z&PC. Subdivider shall mean the owner of the property who proposes to subdivide a lot or tract of land within the city. Subdivision shall mean the division of a lot or tract of land into two or more lots, sites or other divisions of the land for the purpose, whether immediate or future, of sale or building development. Z&PC means the Zoning and Planning Commission. Sec. 74-2. - Purpose. The purpose of this chapter is to provide for the orderly, safe and healthful land development within the city and to promote the health, safety and general welfare of the community. Sec. 74-3. -Authority of Z&PC. The Z&PC referred to in this chapter shall have the authority and responsibility for the approval of all plans, plats and replats within the city in accordance with V.T.C.A., Local Government Code ch. 212, and the provisions of this article which is adopted under the exercise of the police power granted to municipalities. Sec. 74-4. -Applicability, reviews, and site plans. (a) Generally . All property proposed for subdivision within the city shall hereafter be laid out in accordance with this chapter for approval by the Z&PC, and no other subdivision will be recognized by the city. Prior to the proposed plat being considered by the Z&PC, the director of public works will review the plat and make written recommendations to the Z&PC on said subdivision request. (b) Site plans . For all proposed plats or replats (except replats of previously-developed single family residential (SFR) sites to create revised SFR sites, each with 5,000 square feet or more), the following apply: (1) An "as designed" site plan covering the entire area to be platted or replatted shall be filed as part of the filing package for preliminary plat approval; (2) Each "as designed" site plan shall meet city standards for site plans ( see section 18-54(4), except that the plan may omit(or simplify) building details and other information unnecessary to establish easements, lot dimensions, reserves, streets, other plat features or required facilities for drainage, utilities, access, etc. (all as determined by the building official and confirmed by the Z&PC); it (3) After final plat approval, the "as designed" site plan, as approved by the building official, shall be filed among the city's plat records, with the original recorded plat, in addition to other filing and recording required by chapter 18; (4) All construction in a platted or replatted area shall comply with the approved "as-designed" site plan, unless authorized by another site plan (or an amendment) approved under chapter 18; and (5) In addition to the subdivision site plan, a more-detailed site plan and drainage plan must be prepared for each individual building or grade raising project, as required by other sections of this Code. (c) Engineering reports . In addition to other engineering reports, the building official or the Z&PC may require an engineering report to demonstrate that a site plan or a plat (or development thereon) will comply with applicable regulations regarding parking, driveway, egress and drainage. The building official or Z&PC may require that the reports be prepared by a registered professional engineer. Sec. 74-5. -Building permits not to be issued. (a) Permits . No building, repair, plumbing or electrical permit shall be issued by the city for any structure on a lot or tract unless a final plat has been approved pursuant to the provisions hereof and filed for record with the city and the county clerk of the county. (b) Exception . The provisions of this chapter shall not be construed to prohibit the issuance of permits for any lot or tract upon which a building exists and was in existence prior to September 12, 1983, the last recorded conveyance of which was prior to September 12, 1983, or for any lot or tract in the city validly recorded in accordance with applicable law prior to September 12, 1983. Sec. 74-6. -Bond and permit required. Before starting clearing for any construction to qualify a lot or tract as a buildable site within a proposed subdivision, the developer must obtain the following: (1) Performance bond. A performance bond guaranteeing to the city installation of the improvements within a specified time. The bond, based on the estimated cost of the improvements, shall be in an amount approved, in writing, by the director of public works. A cashier's check or other financial security approved by the Z&PC, subject to the above conditions, may be substituted in lieu of a bond. (2) Construction permit. The building official shall issue a subdivision construction permit only after the preliminary plat is conditionally approved by the Z&PC. Sec. 74-7. -Variances and modifications. (a) Variances, modifications . If the Z&PC finds extraordinary hardship may result from strict compliance with this chapter, it may vary the provisions of this chapter so that substantial justice may be done and the public interest secured if the variation will not have the effect of nullifying the intent and purpose of this chapter. (b) Conditions . In granting variances and modifications, the Z&PC may require such conditions as will, in its judgment, secure the objective of the standards so varied and modified. Sec. 74-8. -Surveying. All surveying of subdivisions shall be done by a licensed public surveyor of the state. Sec. 74-9. - Fees. Any preliminary or final plat submitted under the provisions of this chapter shall be accompanied by a nonrefundable fee in an amount established from time to time by the city council. The fees so established shall include all costs of publication and distribution of notice and the cost of recording an approved plat. Sec. 74-10.-Summary approvals; delegation of authority. (a) In General. (1) Subject to this section, the public works director is specifically delegated the authority to approve the types of plats and replats mentioned in V.T.C.A., Local Government Code § 212.0065. (2) Exceptions: The public works director is not authorized to approve any plat or replat that: a. Increases the number of subdivided lots; b. Changes the front street line of any corner site from one street to the other; c. Creates irregularly-shaped lots; d. Reduces or adversely affects any front yard, side yard, street area, public easement or other public property; e. Requires a variance or other discretionary approval by the Z&PC; f. Requires a public hearing; g. Is not clearly within the scope of said V.T.C.A., Local Government Code § 212.0065; or h. Does not clearly comply with this chapter, the zoning ordinance and other applicable regulations. (b) Subject to law . This delegation is subject to V.T.C.A., Texas Local Government Code ch. 212 and other applicable regulations, including specifically the provisions in V.T.C.A., Local Government Code §212.0065 regarding referral of plats to the Z&PC. (c) Combined approval . The director may grant preliminary approval, final approval or both (combined approval). Secs. 74-11-74-38. -Reserved. ARTICLE II. - PRELIMINARY PLAT Sec. 74-39.- Preparation generally. The subdivider shall cause to be prepared a preliminary plat, except in the case of amending plats. The Z&PC may waive the requirement for a preliminary plat for simple replats and other appropriate plats, when, in the judgment of the Z&PC, sufficient information is available from the official site plan or other sources. Sec. 74-40.-Time for filing. The subdivider shall file three copies of the preliminary plat with the building official at least 21 days prior to the date on which formal application for the preliminary plat approval is made to the Z&PC. Sec. 74-41. - Formal application required. Formal application for preliminary plat approval shall be made by the subdivider in writing to the Z&PC at an official public meeting of the Z&PC. Sec. 74-42.-Application form. An application form, published by and made available upon request from the building official, shall be completed in full and provided along with other materials required at the time the preliminary subdivision plat is submitted. Sec. 74-43. - Notice of hearing. Notice of the Z&PC's hearing on each subdivision application shall be given as required by V.T.C.A., Local Government Code ch. 212. Sec. 74-44. - Form and content of plat. The preliminary plat shall show the following: (1) The names, addresses and telephone numbers of the record owner of the lot, tract or parcel proposed to be subdivided, and the owner's agent, if any. (2) A description, by metes and bounds, of the proposed subdivision and of the lot, tract or parcel from which the subdivision is proposed. (3) The subdivision boundary lines indicated by heavy lines, lot lines and the computed area of the subdivision and each lot in the subdivision. (4) The date of preparation, scale of plat and north arrow. The scale shall be one inch equals 20 feet minimum, unless otherwise approved. (5) A number or letter to identify each lot or tract. (6) The front building setback lines on all lots and tracts and the side yard building setback lines on corner lots, if applicable. The street to which the lot or tract is dedicated and the proposed street address (if available)shall be included. (7) The proposed easements for drainage, public utility easements and streets, both public and private. (8) Adequate topographical information to define site drainage. (9) A location inset, preferably in the upper right corner of the plat, to show the subdivision in relation to well-known streets, and watercourses in all directions for a distance of at least one- fourth mile. (10) Other matters required by state law. Sec. 74-45. -Accompanying documents. Each preliminary plat submitted pursuant to this article shall include: (1) Twelve paper prints from the original drawing of the plat, reproduced on white paper with blue or black lines, and one reproducible copy. (2) A notarized certificate on the face of the plat, executed by the subdivider, which certifies that all existing encumbrances, such as easements, fee strips or significant topographical features on the land being platted, are fully shown and accurately identified on the face of the plat. Such certificate shall further state whether the plat being submitted includes all of the contiguous land which the applicant owns or has a legal interest in or whether the applicant owns or has a legal interest in any adjacent property; and if so, a statement of the extent of such ownership and a boundary description of the land involved must also be provided. (3) A current title report, or title commitment from a title guaranty company authorized to do business in the state, certifying that a search of the appropriate records was made within the last 60 days prior to the application covering the land proposed to be subdivided and stating an opinion as to current record title ownership and any encumbrances, restrictions and encroachments, if any, shown of record. A copy of all land use restrictions or deed restrictions, if any, shall be provided with the application. Sec. 74-46. - Processing. (a) Generally. The Z&PC shall check the preliminary plat as to its conformity with the provisions of this Code and other applicable ordinances and state law. (b) Conditional approval or disapproval . Within 45 days after the preliminary plat is formally filed, the Z&PC shall conditionally approve or disapprove the plat or conditionally approve it with modifications. The Z&PC shall, within ten days, notify the applicant in writing of the action taken and if the action is one of disapproval, shall also state in writing the reason for said action and requirements to bring said plat into compliance, giving specific references to sections of this Code or other ordinances or the comprehensive plan of the city. (c) Effect of approval . Conditional approval of a preliminary plat by the Z&PC shall be deemed an expression of approval of the layout submitted on the preliminary plat as a guide to the approval of the layout of streets, water, sewer and other required improvements and utilities and to the preparation of the final or record plat. (d) Length of approval, changes . Conditional approval of the preliminary plat shall be effective for 12 months, unless reviewed by the Z&PC in the light of new or significant information which would necessitate a revision of the preliminary plat. If, prior to the approval of the final plat, the Z&PC determines that changes are necessary in the preliminary plat, it shall inform the subdivider in writing of the necessary changes in the preliminary plat to bring it into conformity with this Code or other ordinances of the city. (e) Registered engineer required . All plans and engineering calculations shall bear the seal and signature of a registered professional engineer. 9 9 P 9 (f) Not to constitute final approval . Conditional approval of a preliminary plat shall not constitute automatic approval of the final plat. Secs. 74-47-74-65. - Reserved. ARTICLE III. - FINAL PLATS Sec. 74-66.-General form and content. The final plat and accompanying data shall conform to the form and content of the preliminary plat and other required data as conditionally approved by the Z&PC (or as indicated in connection with an official site plan), incorporating any and all changes, modifications, alterations, corrections and conditions as set out in the letters of preliminary approval from the Z&PC (or as indicated in connection with the official site plan) and must show easements for all utilities and drainage. This article also applies to plats, such as amending plats, for which preliminary approval is not required (or is waived as provided in this chapter). Sec. 74-67. -Scale; finish; size. The final plat shall be drawn to a scale of one inch equals 20 feet minimum, unless otherwise approved by the Z&PC. The final plat shall be drawn on mylar or a finish which is of equal or greater durability and shall be one of the following sizes: (1) Eighteen inches by 24 inches. (2) Eighteen inches by 36 inches. (3) Eighteen inches by 48 inches. (4) Twenty-four inches by 36 inches. Sec. 74-68. - Number of copies. The final plat shall be submitted in such reasonable numbers as are required by the Z&PC. Sec. 74-69. - Dedications; land description, etc. The final plat shall include, when applicable, a dedication forever of all streets and other public ways delineated on the plat, which shall be the same as those shown on the preliminary plat(or official site plan), signed and acknowledged before a notary public by the owner and lienholder, if any, of the land and a complete and accurate description of the land subdivided. The dedication and acknowledgment shall be in the current form required by the county clerk for recording in the map records of the county and approved by the Z&PC. Private streets approved by city council shall be indicated on the recorded plat giving the resolution, or ordinance number allowing or approving the same. Sec. 74-70. -Statements of review and approval. The final plat shall include a statement prepared for the signature of the presiding officer and the Secretary of the Z&PC stating that the final plat has been approved by such Z&PC. Also, a statement of review and approval by the department of public works shall be provided on the final plat. . Sec. 74-71. -Surveyor's and engineer's certification. The final plat shall include the certification of the surveyor or engineer responsible for surveying the subdivision area, attesting to its accuracy. Each engineer and surveyor must be duly authorized to practice engineering or surveying by the state. Sec. 74-72. - Processing. (a) Generally. As soon as practical after the subdivider is notified of the approval of the preliminary plat (or official site plan, if the preliminary plat is waived), the subdivider shall submit to the Z&PC the final plat of the subdivision or portion thereof to be considered at an official public meeting of the Z&PC. (b) Preliminary plat as prerequisite . No final plat will be considered unless a preliminary plat has been submitted and conditionally approved. This does not apply to amending plats or to plats for which the preliminary plat is waived as provided in this chapter. (c) Time limitation . A final plat shall be submitted to the Z&PC within 12 months of the date of approval of the preliminary plat approval of the Z&PC (or approval of an official site plan and waiver). Failure to submit a final plat within 12 months shall be considered a denial of the application. (d) Consideration of application . After all information has been provided as set forth in this chapter, the Z&PC will meet in a public session and consider the application for approval or denial. During the Z&PC's deliberations, the Z&PC will consider the following prior to rendering its decision: (1) Whether the plan or plat conforms to the general plan of the city. (2) Whether the plan or plat conforms to the general plan of the city for the extension of city services such as streets, sewer, water, etc. (3) Whether the plan or plat conforms to state law and the general rules and regulations that the city may adopt and promulgate to promote the health, safety or general welfare of the community(including, if applicable, the zoning ordinance and its regulations regarding "qualified medium density subdivisions,"which are incorporated into this chapter by reference). (4) Whether the plan provides for the safe, orderly and healthful development of the community. (e) When acted upon . The final plat must be acted upon by the Z&PC within 30 days of formal filing with the Z&PC. (f) Resubmittal upon denial . If final plat approval is denied by the Z&PC, a subdivider may not submit an additional application for subdivision of the same lot or tract within 12 months of the date of denial by the Z&PC. Sec. 74-73. -Proposal to be judged on its merits. Each application for approval of a subdivision shall be judged on its own merit as presented at a public hearing. Secs. 74-74-74-104.- Reserved. ARTICLE IV. -IMPROVEMENTS Sec. 74-105.-Construction required. The subdivider at his expense shall, after obtaining required permits construct all streets, curbs and gutters, drainage facilities, water lines and sewer lines, and other required utilities within or without the subdivided property in accordance with the specifications of the city, and upon acceptance by the city council the same shall become the property of the city unless otherwise provided herein. Sec. 74-106. - Report upon completion of improvements. When the improvements required by section 74-105 are completed, the developer shall report, in writing, to the building official after all of the following have occurred: (1) All work has been completed in accordance with the approved plans and specifications. (2) The water and sewer facilities have been approved by the city's director of public works. (3) The building official has made a satisfactory final inspection confirming that all work, cleanup and requirements of the Z&PC have been completed. (4) The improvements have been accepted by the city council. Sec. 74-107. - Building official to notify Z&PC. The building official may not authorize the issuance of permits for buildings in the subdivision until all improvements are completed and the steps mentioned in section 74-106 have been accomplished. Sec. 74-108. -City not liable to furnish improvements. The acceptance of a final plat by the city does not in any manner obligate the city to finance or furnish any storm sewers, drainage structures, street, water, sewer improvements or any other items or improvements whatsoever. Sec. 74-109. - Lots. All proposed subdivision lots shall meet the requirements of the city zoning ordinance and other applicable requirements of the city. Sec. 74-110.-Survey, stakes, location. All subdivisions shall be surveyed on the ground and all lot corners stakes shall be with visible iron pins. The subdivision shall be located with respect to an original corner of the original plat survey of which the proposed subdivision is a part. During construction, pavement, drainage facilities and utility areas shall be visibly staked. All proposed streets in subdivisions shall meet the standards and specifications set by the director of public works and must be approved by action of the city council. Sec. 74-111.-Water supply and distribution. All approved lots or tracts shall be provided by the subdivider with a water supply, water distribution systems and fire hydrants meeting the requirements of the department of public works. Sec. 74-112. -Sewage. All lots or tracts in subdivisions shall be provided by the subdivider with an approved sewage system meeting the requirements of the department of public works. Sec. 74-113.- Drainage. Where a subdivision is traversed by a watercourse, natural channel or stream, or where the subdivision receives overland flow or other drainage from adjacent property, the plat must dedicate a permanent drainage easement to the public with sufficient width to accommodate the watercourse, channel, stream or drainage, plus an additional width to accommodate projected future runoff, all as determined by the Z&PC. Drainage facilities shall be installed so as to drain all lots in the subdivision and to handle incoming flows from watercourses, channels, streams and other drainage, and the sufficiency of such facilities shall be approved by the public works director. All water runoff from a lot in a new subdivision shall drain into the street bearing the lot address either naturally or through an internal drainage system, unless otherwise indicated on the final plat. Sec. 74-114. -Street frontage. The Z&PC, when it approves a plat or replat, may change the frontage or orientation of lots or tracts form one street to another if the Z&PC determines: (1) The change is necessary to preserve or improve visibility or safety at intersections or in areas near streets; (2) The change is necessary to preserve trees, shrubbery or other natural features of the area; (3) The change will help to preserve the character and the physical relationships of the existing neighborhood; or (4) The change will otherwise promote the health, safety or welfare of the city. The Z&PC shall consult the zoning ordinance to determine what the proposed front street lines would be, but this section shall control over any contrary provision of the zoning ordinance relating to platting or replatting.