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Cibolo |
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Code of Ordinances |
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Appendix 2013. CIBOLO UNIFIED DEVELOPMENT CODE |
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Appendix A. UNIFIED DEVELOPMENT CODE |
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Article 20. SUBDIVISION REGULATIONS |
§ 20.3. General Platting and Development Procedures
20.3.1
Pre-Application Process .
Prior to the official filing of any development application specified herein, the subdivider, at his/her option, may consult with and present a proposed plan for the subdivision to the City for comments and advice on the procedures, specifications, and standards required by the City for the subdivision of land. At such a meeting the, City staff may make any suggestions that would direct the proposed subdivision toward desirable objectives and possibly prevent unnecessary work and expense if objectives are not met. Since the purpose of this step is to facilitate the exchange of information and determine the appropriate development process for a prospective project, this step is voluntary and does not require a formal application or fees.
20.3.2
Overall Development Concept Plan/Land Study/Master Plan/Mixed Use Concept Plan .
(1)
All persons desiring to subdivide land within the area of jurisdiction of this Article shall first prepare and submit, not less than twenty (20) working days prior to any meeting at which the Land Study is to be considered, the following information:
a.
Seven (7) hard copies and one (1) .pdf copy of the Land Study in compliance with all applicable provisions of this Article.
b.
Seven (7) copies and one (1) .pdf copy of the preliminary utility plans. Topographic contours with intervals of not more than five (5) feet shall be shown on the Land Study.
c.
Seven (7) copies and one (1) .pdf copy of the preliminary utility plans. Topographic contours with intervals of not more than five (5) feet shall be shown on the Land Study.
d.
One (1) hard copy and one (1) .pdf of a tree survey showing all trees on the site, per the requirements of this UDC.
e.
A completed application form.
f.
A certificate or letter from a title guaranty company or from an attorney duly licensed to practice law in the State of Texas certifying the following concerning title to the land:
1.
A statement of records examined and date of examination; description of the property in question by metes and bounds; name of the fee owner as of the date of examination and the date, file number, and volume and page of the recording of the deed involved; the name of any lien holder together with the date of filing and volume and page of such lien; and a general description of any easements or fee strips granted, along with the file number, date of filing, and volume and page of recording.
g.
A non-refundable check payable to the City in the amount as specified within the City fee schedule, as amended.
h.
In cases where public streets, alleys, or easement are proposed to be platted across private easement or fee strips, a copy of the instrument establishing such private easement or fee strip shall be submitted. Where a private easement has no defined location, agreement on a defined easement must be reached before submission of final plat.
i.
At the time that the Land Study is filed with the City, the applicant shall file a certificate showing that all taxes have been paid on the subject property and that no delinquent taxes exist against the property. The applicant shall also file proof of ownership documentation.
j.
Applications shall comply with all applicable Administrative Rules with respect to submittal deadlines and schedules, policies and guidelines, fees and forms, applications, checklists, interpretations, processes, and all other information deemed necessary to enforce, interpret or explain the ordinances and provisions of the City and protect the health, safety and welfare of the community.
(2)
The Land Study/Master Plan shall be prepared by a qualified professional engineer, certified land planner, registered architect or registered professional land surveyor at a scale no smaller than one inch (1") equals two hundred feet (200') and on sheets no larger than twenty-four inches (24") by thirty-six inches (36") in size (unless otherwise approved by the City Planner) The following information shall be submitted:
a.
On all plan sheets:
1.
Title block on each page of the land study with the proposed name of the development, name and address of the owner, and the person responsible for preparing the land study;
2.
Graphic and written scale of the drawing;
3.
North arrow;
4.
Date the drawing was prepared;
5.
Location of the tract per the abstract and survey records of Guadalupe County, Texas;
6.
Vicinity map or location map that shows the location of the subject tract within the City or its extraterritorial jurisdiction in relationship to existing major roadways;
7.
Limits of the subject tract in heavy lines;
8.
Names of adjacent additions or subdivisions or the name of the owners of record and recording information for adjacent parcels of unplatted land, including parcels on each side of an adjoining road, creek, easement or the like;
9.
Depiction of all contiguous holdings of the property owner(s);
10.
Existing buildings located on the subject property and any protected trees, as prescribed in this UDC.
b.
Existing use and conditions plan sheets shall show the following:
1.
Existing uses of the subject property;
2.
Existing buildings located on the subject property and any protected or heritage trees, as prescribed in this UDC;
3.
Generalized existing vehicular and pedestrian circulation plan for the subject property;
4.
Existing zoning for the subject property existing zoning and existing/proposed uses on adjacent land;
5.
Existing/proposed driveways and median openings within two hundred feet (200') of the subject property and the location, width, paving material, and names of all existing or platted streets or other public ways within two hundred feet (200') of the subject property;
6.
Existing easements located on or within two hundred feet (200') of the subject property. This information shall include the type, dimension, ownership, and recording information.
7.
Existing railroad rights-of-way located on or within two hundred feet (200') of the subject property;
8.
Existing topography at five foot (5') intervals with existing drainage channels or creeks;
9.
Existing 100-year floodplain areas and floodways as shown on the Federal Insurance Rate Maps (FIRMs), or proposed CLOMR boundaries for the subject tract with a note on the drawing indicating the appropriate panel number and any known environmentally sensitive areas relative to wetlands, endangered or otherwise listed species, archeological indicators, predominant soil types of the properties and slope analysis;
10.
Size and location of existing water mains, wastewater mains, and lift stations located on and within two hundred feet (200') of the subject property.
c.
Proposed use and development plan sheets shall show the following:
1.
Proposed phasing of the development and the order of platting;
2.
Designation of those areas within the subject property covered by tree canopy areas of ten thousand (10,000) square feet or more;
3.
The applicant shall depict the types of land uses, planned densities for residential areas, and any non-residential uses anticipated. This information shall not include a lot pattern nor specify lot sizes or lot dimensions;
4.
Generalized proposed vehicular and pedestrian circulation plan for the subject property.
d.
Additional information to be submitted under separate cover:
1.
As necessary, depending upon the scope and nature of the Land Study, the City will require the filings of a Preliminary Engineering Report that provides a general and broad description of the following issues, as may be pertinent to the project: an assessment of how the Land Study will conform to the Future Land Use Map, Future Thoroughfare Plan, Parks Plan within approved Master Plan and other applicable provisions of this UDC, and identify how the project will tie into existing and/or proposed drainage facilities and utilities.
e.
The Land Study shall identify which level of Traffic Impact Analysis will be required and a proposed scope of the TIA to be submitted with the Preliminary Plat and indicate how the developer intends to comply with the Parkland Dedication requirements if a residential development is proposed.
f.
The City Engineer and City Planner may require additional information as necessary to demonstrate compliance with this UDC and City Council policies.
(3)
Procedures and Conditions
a.
If a Land Study application is submitted in accordance with all of the above requirements, the Land Study shall be deemed to be "complete" and shall be reviewed by the City Engineer and the City. If all of the above requirements have not been satisfied, the Land Study will be deemed "incomplete" and will be rejected without being docketed for Planning and Zoning Commission consideration.
Once the Land Study is docketed for Planning and Zoning Commission review, the applicant must submit seven (7) final hard copies of the Land Study, Drainage Plan and Utility Plan at the same size previously stipulated, and one (1) .pdf copy of each.
Once the Preliminary addresses all City review comments, a final submittal of the following items is required:
• Three (3) full size and one (1) half-size approved plan sets;
• Two (2) final copies of all engineering reports (if amended from the original submittal);
• A DVD or CD providing PDF's of all submitted plans and reports;
A DVD or CD containing all plans as properly georeferenced Geographic Information System (GIS) shapefiles. Shapefiles must be projected to the following coordinate system: NAD 1983 State Plane Texas South Central FIPS 4204 Feet. As an alternative, a .DWG (AutoCAD) file may be accepted, but it must be properly projected to the aforementioned coordinate system.
b.
The Planning and Zoning Commission and the City Council shall review and evaluate the Land Study to determine whether the proposed development conforms to the Future Land Use Plan, Future Thoroughfare Plan, the UDC and other applicable ordinances of the City.
c.
The Planning and Zoning Commission may recommend, and the City Council require, conditions of approval that;
(1)
Govern the timing (phasing) or sequencing of the development to ensure that the development is built-out in accordance with a schedule of public improvements to ensure that the development adequately adheres to the City's minimum design criteria for public improvements;
(2)
Pertain to proposed parkland dedication;
(3)
Pertain to the conformity of the proposed Land Study to this UDC.
(4)
Pertains to any issue related to the public health, safety or general welfare of the City.
(5)
Additional information to be submitted to supplement the submittal of a Preliminary Plat.
d.
A land study may be submitted for review concurrently with a preliminary plat application, provided that the respective requirements for both types of applications are satisfied as specified by this UDC as amended. If the preliminary plat cannot not be reviewed by the City in time for it to be scheduled on the same Planning and Zoning Commission agenda as the land study, then the preliminary plat shall be denied on the basis of inadequate review time unless the applicant has executed a notarized written waiver of the 30-day review period for the preliminary plat.
(4)
Effect of Review
a.
The Land Study shall be used only as an aid to show the anticipate layout of the proposed development and to assess the adequacy of public facilities/services needed to serve the proposed development. Any proposed use or development depicted on the land study shall not be deemed formal authorization or approval by the City until Final Plat is approved by the City and recorded by the County Clerk of Guadalupe County. If the applicant chooses to plat only an initial phase or phases of the development, a new land study shall not be required for plat approval of subsequent phases if the proposed development layout, character, and/or other conditions affecting the development do not substantially change from one phase to the next or deviate from the spirit and intent or the original land study approved by the City.
b.
An approved land study shall be valid for a period of five (5) years, or as otherwise specified by the Texas Local Government Code, from the date of land study approval by the City Council. Prior to the lapse of approval for a land study, the property owner may petition the City Council to extend the land study approval. Such petition shall be considered at a public meeting before the City Council and an extension may be granted by the City Council at such meeting. If no petition for extension of land study approval is submitted by the property owner prior to the expiration date, the land study shall be deemed to have expired and shall become null and void. In the case of a phased development, a land study will not be deemed to have expired if the development is progressing in accordance with the phasing schedule of the original land study approved by the City, or if the delay in completing the land study is necessitated by the timing of public improvements required to adequately serve properties in the affected property.
c.
In determining whether to grant a request for extension, the City Council shall take into account the reasons for the lapse, the ability of the property owner to comply with the conditions attached to the original approval, and the extent to which the UDC in effect at the time of the extension request shall apply to the land study. In the event the City Council denies a request for extension, the property owner must thereafter submit a new land study application for approval, and shall conform to all applicable regulations then in effect.
d.
The City Council may grant extension of the land study subject to additional conditions based upon the applicable City regulations and/or State legislation in effect at the time that the extension is requested, or such as are necessary to ensure compliance with the original conditions of approval. In granting an extension, the City Council will require that the land study adhere to all UDC requirements in effect at the time that the extension in requested, which shall include the Cibolo Design and Construction Manual.
e.
The City Council may specify a shorter time for extension of the Land Study than the original five-year (5-year) approval period.
(5)
Land Study Requirement Not Required
a.
The requirement to obtain approval of a Land Study prior to beginning the platting process of a development may not be required when the Planning and Engineering Director or his/her designee determines that the scope of the development can fully be resolved through the platting and site plan review processes or in those instances where plats are filed in accordance with a previously approved Land Study.
20.3.3
Preliminary Plat .
(1)
All persons desiring to subdivide land within the area of jurisdiction of this Article shall first prepare and submit, not less than twenty (20) working days prior to any meeting at which the preliminary plat is to be considered, the following information:
a.
Seven (7) hard copies and one (1) .pdf copy of the Preliminary Plat encompassing all land owned by the subdivider. The overall concept shall be in compliance with all applicable provisions of this Article.
b.
Three (3) hard copies and one (1) .pdf copy of the proposed plans or reports for the furnishing of water, the installation of sanitary sewer facilities, and provisions for storm sewers, and general drainage facilities. Topographic contours with intervals of not more than two (2) feet shall be shown.
c.
Three (3) hard copies and one (1) .pdf copy of the proposed Traffic Impact Analysis report, per the TIA requirements stipulated in Article 18 of this UDC.
d.
Statement of the intent of the developer to provide parkland dedication in accordance with the requirements of this UDC or to pay fees in lieu of parkland dedication. If parkland will be provided, the plat shall include a General Note that states the amount of parkland required by the UDC and the amount of parkland proposed to be dedicated by the plat. Parkland dedicated for the exclusive use of the neighborhood being platted shall not qualify as fulfilling the parkland dedication requirement.
e.
Three (3) hard copies and one (1) .pdf of a proposed Stormwater Management Report/Plan, per the requirements of Cibolo Design and Construction Manual.
f.
One (1) hard copy and one (1) .pdf of a tree survey showing all trees on the site, per the requirements of this UDC.
g.
A completed application form.
h.
A certificate or letter from a title guaranty company or from an attorney duly licensed to practice law in the State of Texas certifying the following concerning title to the land:
1.
A statement of records examined and date of examination; description of the property in question by metes and bounds; name of the fee owner as of the date of examination and the date, file number, and volume and page of the recording of the deed involved; the name of any lien holder together with the date of filing and volume and page of such lien; and a general description of any easements or fee strips granted, along with the file number, date of filing, and volume and page of recording.
i.
A non-refundable check payable to the City in the amount as specified within the fee schedule of the City, as amended.
j.
In cases where public streets, alleys, or easement are proposed to be platted across private easement or fee strips, a copy of the instrument establishing such private easement or fee strip shall be submitted. Where a private easement has no defined location, agreement on a defined easement must be reached before submission of final plat.
k.
At the time that the preliminary plat is filed with the City, the applicant shall file a certificate showing that all taxes have been paid on the subject property and that no delinquent taxes exist against the property. The applicant shall also file proof of ownership documentation.
l.
Applications shall comply with all applicable Administrative Rules with respect to submittal deadlines and schedules, policies and guidelines, fees and forms, applications, checklists, interpretations, processes, and all other information deemed necessary to enforce, interpret or explain the ordinances and provisions of the City and protect the health, safety and welfare of the community.
m.
Engineering/Construction Plans may be submitted concurrently with the Preliminary Plat. City Engineer approval of Engineering/Construction Plans is not required as a prerequisite to the approval of a Preliminary Plat. Engineering/Construction Plans shall be comply with all requirements specified in this UDC.
(2)
The Preliminary Plat shall be prepared by a qualified professional engineer or registered professional land surveyor drawn on sheets of eighteen inches (18") by twenty-four inches (24") and drawn to a known engineering scale of not smaller than one inch equals one hundred feet (1"=100') or a larger scale, shall be submitted in a quantity as specified by the City Planner. In cases of large developments that would exceed the dimensions of the sheet at the one inch equals one hundred feet (1"=100') scale. A preliminary plat may be depicted on multiple sheets or to another known engineering scale, as approved by the City Planner.
(3)
Preliminary plats shall utilize all of the standardized plat notes described in Section 20.6 of this UDC, as applicable, and the Preliminary Plat shall be accompanied with reports, exhibits, studies, surveys, calculations and other information as necessary to demonstrate that the preliminary plat submittal, in its entirety, provides the information described below.
All of the reports, surveys, exhibit, calculations and other supporting information shall be incorporated by reference as a part of the Preliminary Plat.
a.
A preliminary plat may depict more than one phase, which, if so proposed, shall be clearly identified.
b.
Vicinity or location map that shows the location of the proposed preliminary plat within the City or the ETJ, in relationship to existing major roadways and the existing/proposed zoning of the subject property and adjacent properties;
c.
Boundary lines, abstract survey lines, corporate boundaries, ETJ boundaries, front building setbacks;
d.
Bearings and distances sufficient to locate the exact area proposed for the subdivision, and all survey monuments identified and labeled;
e.
Length and bearing of all straight lines, radii, arc lengths, tangent lengths, and central angles of all curves shall be indicated along the lines of each lot. Curve and line data may be placed in a table format;
f.
Accurate reference ties via courses and distances to at least one recognizable abstract survey corner or existing subdivision corner shall be shown;
g.
Name, location and recording information for all adjacent subdivisions, including those located on the other sides of roads or creeks. For unplatted properties, the name of property owners and recording information shall be shown;
h.
Location, width and names of existing/proposed right-of-ways, property lines, subdivision name, section, block and lot information for properties; the location, type, dimension, ownership, and recording information for existing and proposed easements; and existing structures on and within two hundred feet (200') of the subject property; shall be depicted. i. Title block, the title under which the proposed subdivision is to be recorded, the name and address of the owner/applicant, the name and address of the engineer or registered public surveyor who prepared the plat and plans, graphic and written scale, date of preparation, north arrow, location of the property according to the abstract survey records of Guadalupe County, and number of lots, segregated by the intended use of each lot - i.e. single-family residential, open space, school, park;
j.
Sites, if any, to be reserved or dedicated for parks, schools, playgrounds or other uses and the entity to which those sites are to be dedicated;
k.
Contours with intervals of two (2) feet or less shown for the area with all elevations on the contour map referenced to sea level datum;
l.
Minimum finished floor elevations of building foundations for all lots adjacent to or within a 100-year floodplain or within an area that may be susceptible to flooding according to FEMA Flood Hazard Maps;
m.
Greenspace Preservation and Buffers and related drainage criteria described in Article 19 shall be depicted.
n.
The plat shall include all standardized language contained in Section 20.6; including the ownership certificate, engineer and surveyor certifications, City signature blocks, approval dates by the Planning and Zoning Commission and City Council, and signature blocks for GVEC, CCMA, CPS and Green Valley Special Utility District (if applicable);
o.
Plats must include the following general notes:
Notice : Selling a portion of this addition by metes and bounds is a violation of the Unified Development Code of the City of Cibolo and State platting statutes and is subject to fines and withholding of utilities and building permits.
Notice : Plat approval shall not be deemed to or presumed to give authority to violate, nullify, void, or cancel any provisions of local, state, or federal laws, ordinances, or codes.
Notice : The applicant is responsible for securing any Federal permits that may be necessary as the result of proposed development activity. The City of Cibolo is not responsible for determining the need for or ensuring compliance with any Federal permit.
Notice : Approval of this plat does not constitute a verification of all data, information and calculations supplied by the applicant. The Engineer of Record or Registered Public Land Surveyor is solely responsible for the completeness, accuracy and adequacy of his/her submittal whether or not the application is reviewed for code compliance by the City Engineers.
Notice : All responsibility for the adequacy of this plat remains with the engineer or surveyor who prepared them. In approving these plans, the City of Cibolo must rely on the adequacy of the work of the Engineer and/or surveyor of record.
Notice : Routine maintenance of weeds and grass in all easements shall be the responsibility of the property owner, HOA, or Property Owner Association on which the easement is located in accordance with City of Cibolo Code of Ordinances provisions for high weeds and grass.
p.
All residential plats shall contain a general note stating that a Geotechnical Report demonstrating compliance with all Recommended Practice for the Design of Residential Foundations, Version 1 standards of the Texas Section of the American Society of Civil Engineers, the Geotechnical standards of the City of Cibolo UDC and the City of Cibolo Building Code, each of which as may be amended, prior to the issuance of a building permit.
q.
Additional General Notes may be required by the City as necessary (e.g. for drainage, public access or other special types of easements) and appropriate to protect public health, safety and welfare.
r.
Street names must comply with all 911 Emergency Management criteria.
(4)
With the Preliminary Plat Submittal additional reports, data and information, shall be submitted under separate cover identified as an Engineering Report and will include the following:
a.
Utility and Drainage Reports with adequate information to determine conformity with the utility and drainage requirements of this UDC. Physical features, including the location and size of water courses, 100-year flood plains per FIRM maps, proposed CLOMR boundaries, regulated wetlands and areas where water drains into and out of the subdivision.
b.
A report indicating any known/studied environmentally sensitive areas relative to wetlands endangered or otherwise listed species, archeological indicators, soils, and slope analysis.
c.
Based on the scope, size and complexity of the project, the City may require the submittal of written and descriptive engineer reports or studies, such as a Phase 1 environmental report, slope or soil studies and calculations to determine if the plat complies with this UDC and other applicable ordinances of the City.
d.
A proposed grading plan, depicting areas into and out of the proposed subdivision shall be shown. The preliminary drainage plan shall depict stormwater detention/retention areas, proposed surface and/or subsurface drainage improvements and locations for proposed drainage discharge from the site shall be shown;
e.
A tree survey indicating all trees to be preserved or removed, their DBH in inches, botanic and common names, and locations clearly represented on a topographic survey. Protected and heritage trees stipulated in this UDC are to be preserved and shall be physically tagged and protected from site construction.
(5)
Preliminary plat applications that do not include all of the required data and submittal information described above will be considered incomplete and shall not be accepted for submission by the City, and shall not be docketed on a Planning and Zoning Commission agenda. If additional information is submitted to the City after an application deadline in order to complete the Preliminary Plat application, the City reserves the right to defer action on the plat until the Planning and Zoning Commission agenda of the following month to allow adequate time to review the completed application.
(6)
Once a plat is submitted, the City has 10 business days to review the plat to determine if the application is complete. Once 10 business days pass after a submittal deadline, the plat will automatically be considered to be a "complete" submittal if the applicant has not been notified otherwise by the City. The 30-day review time frame stipulated by Texas LGC Section 212.009 shall commence on the 11 th business day after a plat submittal deadline passes and the plat is determined to be "complete". The 30-day review period may only be stopped at written and notarized request of the applicant, or his/her duly authorized agent.
(7)
Once the Preliminary addresses all City review comments, a final submittal of the following items is required:
• Three (3) full size and one (1) half-size approved plan sets;
• Two (2) final copies of all engineering reports (if amended from the original submittal);
• A DVD or CD providing PDF's of all submitted plans and reports;
• A DVD or CD containing all plans as properly georeferenced Geographic Information System (GIS) shapefiles. Shapefiles must be projected to the following coordinate system: NAD 1983 State Plane Texas South Central FIPS 4204 Feet. As an alternative, a .DWG (AutoCAD) file may be accepted, but it must be properly projected to the aforementioned coordinate system.
(8)
Requirement Prior to Approval - Before consideration of the plat by the Planning and Zoning Commission and City Council, the City Engineer and City Planner shall certify the plat complies with all applicable requirements of this UDC.
(9)
The City Engineer, City Planner or City Manager shall not recommend a preliminary plat to the Planning and Zoning Commission and City Council, unless the following standards are met:
(a)
The plat must substantially comply with an approved Land Study, if applicable;
(b)
The proposed plat must comply with all requirements of this UDC and the Cibolo Design and Construction Manual, unless a variance from a particular requirement is requested and determined to be acceptable based on just cause for the variance being demonstrated by the applicant; and
(c)
The approval of the plat would be harmful to the health, safety or general welfare of the City.
(10)
Approval of the Preliminary Plat
a.
Upon receipt of the preliminary plat application, inclusive of all exhibits, reports, studies, surveys and all other information submitted in support of the plat, the Commission shall render a recommendation to the City Council concerning the plat within thirty (30) days from that date in which the plat is deemed to be a "complete" submittal, which shall be 10 days after the plat submittal deadline. Such recommendation may consist of approval, disapproval, or conditional approval. Conditional approval shall be considered to be approval of a plat subject to conformity with prescribed conditions, but shall be deemed to be disapproval of such plats until such conditions are complied with. All objections made to the preliminary plat, or conditions imposed, shall be furnished to the subdivider in writing.
b.
Upon receipt of the Commission recommendation on the plat, the City Council shall take action on the plat application, inclusive of all exhibits, reports, studies and all other information submitted in support of the plat, within thirty (30) days from that date in which the plat was acted on by the Commission. Such final action may consist of approval, disapproval, or conditional approval. Conditional approval shall be considered to be approval of a plat subject to conformity with prescribed conditions, but shall be deemed to be disapproval of such plats until such conditions are complied with. All objections made to the preliminary plat, or conditions imposed, shall be furnished to the subdivider in writing.
c.
If a plat is denied by City Council, the City Council shall adopt findings of fact that describe the defects of the plat submittal and any other rationale that constituted the basis for the denial of the plat.
d.
When a preliminary plat has been approved, the subdivider may thereafter file a final plat of sections of the proposed subdivision upon which approval of the preliminary plat has been obtained, and upon the filing of a final plat covering a portion of such subdivision, the remainder of the preliminary plat shall be deemed as considered approved or conditionally approved; provided, however, that such approval or conditional approval of the remainder of the preliminary plat shall be limited to a three (3) year period from the date of final approval of a section or sections thereof; provided further; however, that the City Council may, upon application and at its discretion, extend such period of validity not to exceed two (2) years.
When a preliminary plat has been approved and thereafter the subdivider fails to file a final plat of the subdivision or a section thereof within a period of two (2) years, the approval of the preliminary plat shall be void except; however, the Council may, upon application and at its discretion, extend such period of validity not to exceed one (1) additional year.
20.3.4
Engineering/Construction Plans, Studies and Technical Reports .
A.
Prior to filing a Final Plat, or Preliminary/Final Plat, the developer shall submit one (1) DVD and four (4) complete full sized paper sets of all signed and sealed engineering reports and studies and engineering/construction plans for all proposed streets, storm sewers, drainage structures, water and wastewater facilities, retaining walls, sidewalks, and any other required public improvements for the area covered or to be covered by the final plat in accordance with Article 20.5 of this UDC. Construction plans shall include all of the information, title page, engineering letters, technical reports and General Construction Notes and Special Notes listed in Article 20.5 to constitute a complete submittal. Piecemeal submittals will not be accepted.
a.
Complete and detailed construction plans and written specifications indicating the method of construction and the materials to be used shall be submitted for:
1.
The water distribution system showing the size and location of all existing and proposed water mains, service lines, valves, fire hydrants, and all other water distribution appurtenances within the proposed subdivision, as well as the location and method of connecting the proposed water lines, water mains, and water services to the City's existing system.
2.
The sanitary sewer system showing by plan and profile the size, location, and the gradient of all existing and proposed sanitary trunk lines, laterals, manholes, and service within the proposed subdivision and the location and the method of connecting the proposed sewer system into the existing sanitary sewer system or the proposed location, type, capacity and schematic of operation of a temporary treatment plant.
3.
The stormwater drainage system showing by plans and profile the means and methods of draining the proposed subdivision, showing in detail all existing and proposed drainage structures and the means and method of connecting the proposed drainage system into the City's existing drainage system and the means and methods of sediment control shall be shown.
4.
All proposed bridges or culverts within the proposed subdivision, showing in detail, by plan and/or profile, the structural members, connectors, railings, approaches, reinforcing steel and deck.
5.
All existing and proposed streets and alleys within the proposed subdivisions, showing by plans and profiles the width of the rights-of-way: the widths of the proposed roadway; the gradient of all curb lines; the location and size of all drainage inlets; and the type of pavement.
6.
For a development containing existing fill or that propose to use fill, plans, reports and detailed specifications shall be submitted demonstrating compliance with the fill standards and requirements of this UDC. This standard pertains to fill to be used for infrastructure improvements to be dedicated to the public and to all lots where fill will be utilized. The following information shall be clearly depicted and described on the plans:
i.
All areas that will have 24-inches of more of fill or imported materials;
ii.
Locations of former and existing ponds that will require the removal of deleterious materials, as well as muck and organic materials, and compaction details for these features;
iii.
Post construction and prior to inspections, 79G test reports, construction material testing and observation reports shall be provided to the City.
iv.
For lots that contain more than 24-inches of fill, a geotechnical soils analysis shall be provided on the construction plans and provided to the City, with building pad preparation and foundation recommendations.
b.
Construction Plans shall be submitted in accordance with standardized plat and construction plat notes, as applicable, described in this Article, and shall provide all of the technical information contained in this Article.
1.
Construction Plans cover sheet shall include a signature block where the City Engineer will sign and date upon acceptance of the plans for construction. The Signature Block will be titled: "Accepted For Construction"; will have a place for the City Engineer to sign and date said block; and include the following language: "Note: The City Engineer's signature affixed to this document indicates that the City Engineer and City Staff has reviewed this document and has found it to be in general conformance with the City's UDC or approved variances to the same. The City Engineer, through the acceptance of this document, assumes no responsibility, other than stated above, for the completeness and/or accuracy of this document. Responsibility for the engineering adequacy of the facilities depicted in this document lies solely with the Registered/Licensed Professional Engineer whose seal and signature is affixed to this document."
B.
Construction/engineering plans, reports and studies shall be prepared by a professional engineer licensed to practice in the State of Texas. All plans, studies and reports shall be signed and sealed by the engineer.
C.
Cost estimates for all public improvements shall be submitted with the construction plans. Each public improvement shall be tabulated and quantified into terms of lineal road length, lineal sidewalk length, lineal water line length (per diameter of water line), lineal sanitary sewer line length (per diameter of sanitary sewer line), lineal drainage channel lengths, acreage of stormwater pond acreage, and the like, to quantify the cost/valuation of each public improvement.
D.
The City Engineer shall review the plans, specifications, reports and studies for compliance with this UDC and the Cibolo Design and Construction Manual. When plans approved, each of the three (3) complete sets of plans, studies and reports will be marked as "Accepted" and will be signed by the City Engineer. One (1) "Accepted" plan set shall be retained by the City Engineer. The other "Approved" plan sets will be provided to the developer and the Planning and Engineering Department.
E.
Utility and Agency Comments or Approvals.
In addition to the acceptance of Construction Plans by the City Engineer, Construction Plans shall not be considered accepted until the City Engineer and City Planner have received letters or memos from all utilities that have jurisdiction over improvements required or desired in the subdivision, including:
a.
City of Cibolo Public Works;
b.
Guadalupe Valley Electric Cooperative (GVEC);
c.
CPS (where applicable);
d.
Cibolo Creek Municipal Authority (CCMA);
e.
Green Valley Special Utility District (where applicable);
f.
Texas Department of Transportation, if any state right-of-way is involved in streets or access points;
g.
Cable and telephone utility providers;
h.
Guadalupe County, if any county right-of-way is involved in streets or access points;
i.
Any other State or public agency with approval with jurisdiction over improvements desired in the subdivision.
It shall be the responsibility of the developer to notify each affected utility provider or outside agency having jurisdiction over the development to provide said utility provider or agency with plans and specifications required to review the development. It shall also be the responsibility of the developer to provide the City Engineer and City Planner with letters or memos from each utility or agency
f.
If plans are not accepted, one set shall be marked with the objections and note and returned to the applicant or developer for corrections. Once construction plans are accepted by the City Engineer, the owner/developer shall provide three (3) complete sets of plans, reports and studies to be signed and sealed by the City Engineer and distributed as prescribed above.
g.
A Final Plat for the development may not be submitted until Construction Plans have been accepted by the City Engineer.
h.
The engineering/construction plans shall be valid for a period of one (1) year from the date on which they were accepted. The City Council may grant a one (1) year extension, but in no case shall be extended more than twice. If the plans expire, the City shall have the discretion to cause the plans to be subject to be reapproved by the City in accordance with the current Cibolo Design and Construction Manual, as it may have been amended after the original acceptance of the construction plans, assuming that no construction has occurred.
i.
Once the Construction Plans address all City review comments, a final submittal of 3 full size plan sets, two (2) final copies of all engineering reports (if amended from the original submittal) and a DVD or CD providing PDFs of all submitted plans and reports is required. The final submittal must also include a CD or DVD that contains all final plans and reports as PDF files and all plans in a format that can be incorporated into the City GIS network. Plans may be submitted in AutoCAD, Arcview or any other approved format compatible with the City GIS platform. Acceptable graphical data must be formatted with: DWG (AutoCAD) or a Geographic Information System (GIS) shapefile submitted with the x,y coordinates projected to the following coordinate system: NAD 1983 State Plane Texas Central FIPS 4204 Feet.
20.3.5
Final Plat .
1.
A Final Plat or Preliminary/Final Plat may not be submitted to the City until Construction Plans are approved by the City Engineer, in accordance with this Article, Section 20.5, of this UDC. Once Construction Plans are approved, a subdivider may submit a Final Plat or Preliminary/Final Plat not less than twenty (20) business days prior to any meeting at which the plat is to be considered. The following information must be submitted to constitute a complete submittal:
a.
Seven (7) hard copies and one (1) .pdf copy of the Final Plat or Preliminary/Final Plat encompassing all land owned by the subdivider.
b.
Three (3) hard copies and one (1) .pdf copy of the Final Utility and the Final Stormwater Management Report.
c.
Three (3) hard copies and one (1) .pdf copy of the Final Traffic Impact Analysis report.
d.
Statement of the intent of the developer to provide parkland dedication in accordance with the requirements of this UDC or to pay fees in lieu of parkland dedication. If parkland will be provided, the plat shall include a General Note that states the amount of parkland required by the UDC and the amount of parkland proposed to be dedicated by the plat. Parkland dedicated for the exclusive use of the neighborhood being platted shall not qualify as fulfilling the parkland dedication requirement.
e.
One (1) hard copy and one (1) .pdf of a Final Tree Survey showing all protected trees and heritage trees and the methods proposed by the developer to tag and preserve these trees, per the requirements of this UDC. Heritage trees to be preserved will be designated as such and depicted as a "Heritage Tree" on the Construction Plans. A grading plan shall accompany the tree survey with all trees located. Protected trees stipulated in this UDC must be noted as a tree to be preserved and shall be physically tagged and protected from site construction.
f.
A completed application form.
g.
A non-refundable check payable to the City in the amount as specified within the City fee schedule, as amended.
h.
The owner, developer, or dedicator of any subdivision plat wherein public streets, alleys, or easements are shown crossing private easements or fee strips shall, by letter to the City, assume responsibility for any modifications and/or protection of existing pipelines, or other facilities prior to the approval of the plat by the City.
i.
At the time that the plat is filed with the City, the applicant shall file a certificate showing that all taxes have been paid on the subject property and that no delinquent taxes exist against the property. The applicant shall also file proof of ownership documentation.
j.
Applications shall comply with all applicable Administrative Rules with respect to submittal deadlines and schedules, policies and guidelines, fees and forms, applications, checklists, interpretations, processes, and all other information deemed necessary to enforce, interpret or explain the ordinances and provisions of the City and protect the health, safety and welfare of the community.
k.
The Final Plat or Preliminary/Final Plat shall have all required certifications and dedications specified by this UDC, include all required General Notes stipulated in the Preliminary Plat requirements of this Article and contain all standardized plat language described in Article 20.6 of this UDC.
l.
All residential plats shall contain a general note stating that a Geotechnical Report demonstrating compliance with all Recommended Practice for the Design of Residential Foundations, Version 2 standards of the Texas Section of the American Society of Civil Engineers, the Geotechnical standards of the City of Cibolo UDC and the City of Cibolo Building Code, each of which as may be amended, prior to the issuance of a building permit.
2.
The Final Plat or Preliminary/Final Plat shall be prepared by a qualified professional engineer or registered professional land surveyor drawn on sheets of eighteen inches (18") by twenty-four inches (24") and drawn to a known engineering scale of not smaller than one inch equals one hundred feet (1"=100') or a larger scale, shall be submitted in a quantity as specified by the City Planner. In cases of large developments that would exceed the dimensions of the sheet at the one inch equals one hundred feet (1"=100') scale. A plat may be depicted on multiple sheets or to another known engineering scale, as approved by the City Planner.
3.
Final Plat or Preliminary/Final Plat submittals shall provide all of the following information on the plat or in supporting documents, exhibits and reports, surveys or calculations, as appropriate. All of the reports, surveys, exhibit, calculations and other supporting information submitted with the Final Plat or Preliminary/Final Plat shall be incorporated by reference as a part of the Final Plat or Preliminary/Final Plat and shall be subject to City review and approval.
a.
Accurate dimensions, both linear and angular, of all items on the plat shall be indicated and shown on the final plat at a scale of either one (1) inch = one hundred (100) or two hundred (200) feet. The boundary of the site shall close within one in ten thousand (1:10,000). Linear dimensions shall be expressed in feet and decimals of a foot; angular dimensions may be shown by bearing.
b.
The name of the subdivision, name and addresses of owners and/or subdividers, name and address of engineer or manager preparing plat, the legal description of the plat and dates of preparation or revision.
c.
North arrow, scale and map key(s).
d.
All certification statements, dedication restrictions and other inscriptions required by the UDC.
e.
All lots, blocks, streets, alleys, pipelines, fee strips, water courses, greenspace buffers, easements, reserves and total area, number of lots and number of blocks.
f.
Front setback lines.
g.
Street names, lot numbers, block numbers and alphabetical identification of reserves.
1.
Blocks are to be numbered consecutively within the overall plat/or sections of an overall plat as recorded.
2.
All lots are to be numbered consecutively within each block. Lot numbering may be cumulative throughout the subdivision if the numbering continues from block to block in a uniform manner that has been approved on an overall preliminary plat.
3.
Reserves (land to be used for other than residential purposes) are to be labeled as numbered blocks and lots.
h.
Locations of heritage trees that are to be preserved and maintained shall be designated as such and shown on all lots and common area and any other location where they may exist. Protected trees stipulated in this UDC must be noted as a tree to be preserved and shall be physically tagged and protected from site construction. Locations for where replacement heritage trees will be planted, per replacement tree caliper ratio stipulated in this UDC shall be designated with proper nomenclature added to designate that these trees are not be removed, except as permitted by this UDC.
i.
Dimensions of streets and alleys:
1.
Complete curve data (P.C., L.R.P.R.C., P.T.) shown on each side of streets and alleys.
2.
Length and bearings of all tangents.
3.
Dimensions from all angle points and points of curve to an adjacent side lot line.
4.
Actual width of all streets and alleys, measured at right angles or radially where curved.
5.
Complete bearings and dimensions for front, rear, and side lot lines. The following note for side lot lines may be used in lieu of bearings:
"All side lot lines are either perpendicular or radial to street frontage unless otherwise noted."
j.
Water courses and easements:
1.
Distances to be provided along the side lot lines from the front lot line to the point where the side line crosses the drainage easement line or the high bank of a stream.
2.
Traverse line shall be provided along the edge of all large water courses in a convenient location, preferably along a utility easement if paralleling the drainage easement of a stream.
3.
Green space Preservation and Buffers and related drainage criteria of Article 19 of this UDC shall be depicted.
k.
Pipelines (oil, gas, flow-lines etc.):
1.
Pipelines having no defined easement location or width shall be tied by dimensions to all adjacent lot and tract corners. If no agreement can be reached on a defined easement, then building setback lines shall be shown at a distance of ten (10) feet from the parallel to the center line of the pipeline.
l.
Boundaries:
1.
Ownership or outline of the tract or tracts the plat is proposed to subdivide shall be shown with very heavy, solid lines. The boundaries of the plat shall be described with complete and overall dimensions and bearings and be tied to an original corner of the original survey of which the subdivision is a part.
m.
Extensional data:
1.
The location, width, and name of existing streets and subdivisions or property ownerships and the location and dimensions of existing lots, easements, pipelines, fee strips, survey lines, building lines, water courses, or other important information shall be shown on all sides of the subdivision for a distance of not less than two hundred (200) feet. The lines of such indication beyond the plat boundary shall be dashed.
n.
Private restrictions:
1.
A copy of the private restrictions (covenants) to be recorded with the final plat may be requested by the City as necessary to ensure compliance with all requirements of this UDC. Reference to said private restrictions (covenants) will be noted on the plat(s).
o.
All General Notes required to be included on the Preliminary Plat shall be included on the Final Plat.
4.
Once the Final Plat addresses all City review comments, a final submittal of the following items is required:
• Three (3) full size and one (1) half-size approved plan sets;
• Two (2) final copies of all engineering reports (if amended from the original submittal);
• A DVD or CD providing PDF's of all submitted plans and reports;
• A DVD or CD containing all plans as properly georeferenced Geographic Information System (GIS) shapefiles. Shapefiles must be projected to the following coordinate system: NAD 1983 State Plane Texas South Central FIPS 4204 Feet. As an alternative, a .DWG (AutoCAD) file may be accepted, but it must be properly projected to the aforementioned coordinate system.
5.
Guarantee of Performance - The developer of the proposed plat, and his assigns, shall comply with Section 20.3.6 of this UDC.
6.
Private Easements and Fee Strips
The developer of any plat shall obtain from the holder of any private easement or fee strip within the plat crossed by proposed streets or alleys an instrument granting to the public the use of said public streets, alleys, or easements over and across said private easements or fee strips for construction, operation, and maintenance of those public facilities normally using the type of public streets, alleys, and easements indicated. A signed copy of this instrument shall be delivered to the City, and the original shall be filed for record along with the plat.
7.
Approval of Final Plat
a.
Upon receipt of the Final Plat or Preliminary/Final Plat application, inclusive of all exhibits reports, studies and all other information submitted in support of the plat, the Commission shall render a recommendation to the City Council concerning the plat within thirty (30) days from that date in which the plat is deemed to be a "complete" submittal, which shall be 10 days after the plat submittal deadline. Such recommendation may consist of approval, disapproval, or conditional approval. Conditional approval shall be considered to be approval of a plat subject to conformity with prescribed conditions, but shall be deemed to be disapproval of such plats until such conditions are complied with. All objections made to the plat, or conditions imposed, shall be furnished to the subdivider in writing.
b.
Upon receipt of the Commission recommendation on the plat application, inclusive of all exhibits, reports, studies and all other information submitted in support of the plat, the City Council shall take action on the plat within thirty (30) days from that date in which the plat was acted on by the Commission. Such final action may consist of approval, disapproval, or conditional approval. Conditional approval shall be considered to be approval of a plat subject to conformity with prescribed conditions, but shall be deemed to be disapproval of such plats until such conditions are complied with. All objections made to the plat, or conditions imposed, shall be furnished to the subdivider in writing.
c.
If a plat is denied by City Council, the City Council shall adopt findings of fact that describe the defects of the plat submittal and any other rationale that constituted the basis for the denial of the plat.
d.
When a Final Plat has been approved, the subdivider may commence with the plat recordation process, provided that the City is furnished a current Certified Tax Certificate confirming that all taxes have been paid in full.
e.
On approval of the plat, said plat being otherwise fully and properly endorsed, the Chairman of the Commission, the Commission Secretary, Mayor and City Secretary shall sign the Final Plat. However, in no case shall the plat be recorded nor signed by any agent of the City until the City Engineer has approved all plans and specifications for the subdivision as herein required.
f.
Final Plat approval will expire two (2) years after City Council action granting approval of any plat unless the plat has been filed for record.
g.
After final approval has been obtained and prior to recording the plat, five (5) mylar prints of the Final Plat shall be furnished to the City, at the developer's expense. The plat recording fees of the County Clerk shall also be submitted to the City.
h.
Staking Plat on Ground - The engineer or surveyor shall place such monuments as required by the City set at all corners and angle points of the boundaries of the original tract to be subdivided and at all street intersections, angle points in street lines and points of curve, and at such intermediate points as shall be required by the City. Such monuments shall be of iron pipe not less than three-quarters (3/4) of an inch in diameter and three (3) feet in length, driven securely into solid earth with the grades of same being at grade with established sidewalk, or if the walk is not established, flush with natural grade.
The City recommends that staking be performed prior to recording the Final Plat to confirm that the plat accurately represents the survey and that all required monuments are accurately shown on the plat. Remedies to resolve any discrepancy between the staking survey and approved Final Plat are subject to the Amending Plat requirements of this Article, but the City has more latitude to administratively correct minor discrepancies on the Final Plat before the plat being recorded.
8.
Expiration and Extension of a Final Plat
a.
Expiration
The approval of a final plat shall remain in effect for a period of two (2) years after the date the application was approved or conditionally approved by the City Council, during which period the applicant shall submit any required revisions for approval and recordation of the plat. If the final plat has not been recorded within the two (2) year period, the final plat approval, unless extended, shall expire and the plat shall be null and void.
b.
Extension
At the request of the property owner or their representative, the expiration date for approval of a final plat may be extended by the City Council for a period not to exceed six (6) months. A final plat is not subject to reinstatement following expiration.
20.3.6
Guarantee of Performance, Inspection, Acceptance of Public Improvements; Licensing.
A.
If the applicant chooses to construct the required improvements prior to recordation of the final plat, all such construction shall be inspected while in progress by the appropriate City department and must be approved upon completion by the City Engineer and any other public utility if that utility provides service to the development. Written notification by such officials stating that the construction conforms to the specifications and standards contained in or referred to in this UDC must be presented to City Planner prior to recordation of the final plat.
B.
It the applicant chooses to file security in lieu of completing construction prior to the recording the plat the applicant may provide a:
1.
Performance bond or surety bond; or
2.
Letter of credit; or
3.
Escrow funds equal to the total installation cost of the required improvements.
C.
Security shall be in an amount equal to one hundred twenty-five (125) percent of the estimated cost of completion of the required public improvements. The issuer of any surety bond and letter of credit shall be subject to the approval of the City Engineer and the City Attorney.
D.
Performance bond . The performance bond shall comply with the following requirements:
1.
All performance bonds must be in the forms acceptable to the City Engineer and the City Attorney.
2.
All performance bonds must be executed by such sureties as are named in the current list of "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies", as published in Circular 570, as may be amended, by the Financial Management Service, Surety Bond Branch, U.S. Department of the Treasury.
3.
All performance bonds must be signed by an agent, and must be accompanied by a certified copy of the authority for him or her to act.
4.
All performance bonds shall be obtained from surety or insurance companies that are duly licensed or authorized in the State of Texas to issue performance bonds for the limits and coverage required.
E.
Letter of Credit . The letter of credit shall:
1.
Be irrevocable;
2.
Be for a term sufficient to cover the completion of the required public improvements; and
3.
Require only that the City present the issuer with a sight draft and a certificate signed by credit.
F.
As portions of the public improvements are completed in accordance with the approved engineering plans, the applicant may make written application to the City to reduce the amount of the original security. If the City as approved by the City Engineer is satisfied that such portion of the improvements has been completed in accordance with City standards, the City may, but is not required to, cause the amount of the security to be reduced by such amount that it deems appropriate, so that the remaining amount of the security adequately insures the completion of the remaining public improvements.
G.
Guarantee of materials and workmanship.
1.
The applicant or developer shall require of the construction contractors with whom he contracts and shall himself be responsible for guaranteeing that all materials required under this Ordinance and workmanship in connection with such improvements are free of defects for a period of two years after acceptance of the improvements by the City and other utility.
2.
The City may inspect all required improvements to ensure that construction is being accomplished in accordance with the plans and specifications approved by the City. The City shall have the right to inspect any construction work being performed to ensure that it is proceeding in accordance with the intent of the provisions of this UDC. Any change in design that is required during construction should be made by the licensed professional engineer whose seal and signature are shown on the plans. Another engineer may make revisions to the original engineering plans if so authorized by the owner of the plans, and if those revisions are noted on the plans or documents. All revisions shall be approved by the City Engineer. If the City's Engineer finds, upon inspection, that any of the required public improvements have not been constructed in accordance with the plans and specifications approved by the City then the developer shall be responsible for completing and correcting the deficiencies at the developer's expense.
3.
The developer/applicant shall pay for testing services that verify conformance with the approved plans and specifications. All expenses for tests that fail to meet these specifications shall also be paid for by the developer.
4.
Upon completion, inspection, and acceptance of the required utility improvements, the applicable utility provider, if any other than the City, shall submit a letter to the City, City Engineer and the developer/applicant stating that all required utility improvements have been satisfactorily completed and accepted by the applicable utility provider.
5.
Subject to the provisions of this Article, the City may withhold City services and improvements of whatsoever nature, including the maintenance of streets and the furnishing of all other City services from any subdivision or property until all of the street, utility, storm drainage and other public improvements are properly constructed according to the approved construction plans, and until such public improvements are dedicated to and accepted by the City.
6.
If the surety on any performance bond furnished by the applicant is declared bankrupt, or becomes insolvent, or its right to do business is terminated in the State of Texas, the developer shall, within twenty (20) business days thereafter, substitute another performance bond and surety, both of which must be acceptable to the City.
7.
When all of the improvements are found to be constructed and completed in accordance with the approved plans and specifications and with the City's standards, and upon receipt of one set of "Record Drawing" plans, and a digital copy of all plans (in a format as determined by the City Engineer) the City Engineer shall accept such improvements for the City, subject to the guaranty of material and workmanship provisions in this Article.
8.
Temporary improvements . The applicant shall build and pay for all costs of temporary improvements required by the City, and shall maintain those temporary improvements for the period specified by the City. Any temporary public improvement (e.g., a temporary cul-de-sac, alley turnout, drainage swale, erosion control device, etc.) shall be placed within an easement established specifically for that purpose. The recording information of the instrument establishing the temporary easement shall be by Instrument and approved by the City Engineer. A temporary easement for a required public improvement shall not be abandoned without the City Engineer's approval and without written consent by the City.
9.
Government units . Governmental units to which these contract and security provisions apply may file, in lieu of the contract and security, a certified resolution or ordinance from officers or agents authorized to act in their behalf, agreeing to comply with the provisions of this Ordinance.
10.
Acceptance of dedication offers . Acceptance of formal offers for the dedication of streets, public areas, easements or parks shall be by authorization of the City Engineer. The approval by the Commission of a preliminary or final plat shall not, in and of itself, be deemed to constitute or imply the acceptance by the City of any public improvements required by the plat. The City may require the plat to be endorsed with appropriate notes to this effect.
11.
No applicant or contractor shall begin construction of public improvements, including grading, within a subdivision until the construction plans are approved by the City Engineer and a Site Development Permit issued by the City, in accordance with this UDC.
12.
The developer/applicant shall notify the City prior to commencement of construction. This notice shall give the location and date of the start of construction.
13.
Acceptance of the development shall mean that the developer has transferred all rights to all the public improvements to the City for use and maintenance. The City may, at its option and on recommendation of the City Engineer, accept dedication of a portion of the required public improvements if the remaining public improvements are not immediately required for health and safety reasons, and if the property owner has posted a performance bond, letter of credit or cash bond in the amount of one hundred (100) percent of the estimated cost of those remaining improvements for a length of time to be determined by the City Engineer.
14.
Upon acceptance of the required public improvements, the City Engineer shall submit a letter to the developer/applicant stating that all required public improvements have been satisfactorily completed and accepted by the City. Upon receipt of the approval letter from the City Engineer, the developer shall submit a Maintenance/Warranty Bond and Public Improvement Acceptance Forms for City Engineer and City Council approval, per the requirements described in this UDC.
15.
Contractor Licensing and Registration . Any contractor wishing to construct a public improvement must be licensed in accordance with all applicable state statutes. In addition to the license requirements of State of Texas, contractors working on public improvements shall be registered and approved by the City. The City may deny or approve a public improvement contractor, approve with conditions, require reasonable bonding of the contractor's work, suspend or revoke a public improvement contractor's registration. The City may withhold approval of said registration for reasonable cause to include failure to construct public improvements to code or City specifications, for violations of any City Ordinances, for failure to provide accurate or complete data as required by the City, or for failure to correct subdivision public improvements which fail within a year of their acceptance in accordance with this UDC. The contractor may appeal the City's registration decisions to the City Council.
20.3.7
Deferral of Required Improvements .
a.
The City Council may, upon petition of the property owner and favorable recommendation of the City Planner, defer at the time of plat approval, subject to appropriate conditions, the provision of any or all public improvements as in its judgment, are not required in the immediate interests of the public health, safety and general welfare.
b.
Whenever a petition to defer the construction of any public improvements required under this UDC is granted by the City Council, the property owner shall deposit in escrow with the City their share of the costs of the future public improvements as approved by the City Engineer and City Manager prior to filing of the plat, or the property owner may execute a separate improvement agreement secured by a cash escrow or, where authorized, a letter of credit guaranteeing completion of the deferred public improvements upon demand of the City.
20.3.8
Recordation .
a.
After the approval of a final plat, as prescribed by this UDC, and the receipt of letters of service from applicable utilities, the City Planner may begin the process to record such final plat with the county clerk upon the applicant's performance of the following:
1.
Completion of the construction of required improvements prior to recordation in compliance with this UDC, and the granting of preliminary acceptance of the improvements by the City.
2.
Filing of security in lieu of completing construction prior to recordation in a form approved by the City Attorney, and in compliance with this UDC.
b.
In addition to the performance required under subsection (a) of this Article, the applicant shall provide as appropriate the following:
1.
A check or checks payable to the county clerk in the amount of the recordation fee for filing the final plat.
2.
A tax certificate from the City, county and school district showing that no taxes are currently due or delinquent against the property.
3.
The applicant shall provide dedication of all streets, alleys, parks, easements and other land intended for public use, signed by the owner or owners and by all other persons owning an interest in the property subdivided and platted, which shall be acknowledged in the manner prescribed by the laws of the state for conveyance of real property, and which shall be submitted and attached to or placed in the final plat in accordance with the provisions in this Ordinance.
4.
The City Planner shall cause such plat to be filed with the county clerk upon compliance with this UDC. After filing of the plat, the applicant shall provide the City with a mylar copy, sufficient paper copies as determined by the City Planner, and a digital copy of the final plat in a format acceptable to the City Planner.
20.3.9
Site Development Permit Required .
1.
General
A.
The City will make no improvements nor will the City maintain any streets or any utility service in any addition or subdivision for which approved preliminary and final plats are not on file with the City and the County Recorder. Furthermore, no plat of a subdivision shall be filed in the office of the County Recorder without official approval as required by this UDC.
B.
No construction work shall begin on the improvements in a proposed subdivision prior to approval of Construction Plans by the City Engineer, as specified by this UDC. No excavation, grading or site clearing activities shall occur prior to approval of construction plans. However, limited/preliminary grading or site preparation activities (i.e. excavation, filling, tree removal/clearing, etc.) may be authorized by the City Manager at his/her discretion upon recommendations by the City Engineer and the City Infrastructure Inspector provided that:
(1)
such request is submitted in writing and signed by the property owner and said request states that the property owner assumes all responsibility and liability relating to the proposed work;
(2)
such activities will not be detrimental to the public health, safety or general welfare;
(3)
such activities are within the area of an approved preliminary plat and all applicable conditions or stipulations relating to the preliminary plat approval have been met;
(4)
engineering and construction plans have been submitted and approved by the City Engineer and Infrastructure Compliance Manager prior to the commencement of the construction work; and
(5)
a Site Development Permit has been issued once the City Engineer and City Planner have confirmed compliance with all requirements of this UDC.
C.
A Site Development Permit is required from the City prior to beginning any work in the City or the Cibolo ETJ that affects erosion control, storm drainage, vegetation or tree removal, grading or excavation. Said permit shall be subject to all contractors participating in the proposed work attending a Preconstruction Conference with the City to discuss the project prior to release of a Site Development Permit and before any filling, excavation, clearing and/or removal of vegetation and trees is performed.
D.
Prior to authorizing the release of a Site Development Permit, the City Engineer and Infrastructure Compliance Manager shall be satisfied that the following conditions have been met:
(1)
Construction Plans have been approved by the City Engineer in accordance with this UDC;
(2)
All necessary off-site easements and/or dedications required for public infrastructure have been conveyed solely to the entity for which the improvements are to be dedicated with the proper signatures attached. The original documents and the appropriate filing fees shall be returned to the City Engineer prior to approval and release of the engineering plans;
(3)
All contractors participating in the construction work have been presented with a set of approved plans bearing the stamp of release by the City Engineer;
(4)
A complete list of the contractors, their representatives on the work site, and telephone numbers where a responsible party, who may be reached at all times, must be submitted to the City Engineer and Infrastructure Compliance Manager; and
(5)
All applicable fees Site Development Fees have been paid to the City.
2.
Process
A.
Once Construction Plans are approved by the City Engineer, the developer may authorize a contractor to commence install/construct the public improvements in accordance with the approved plans and the City's standard specifications, and at the developer's expense. The developer shall employ engineers, surveyors, and other professionals as necessary to design, stake, supervise, and perform the construction of such improvements, and shall cause his/her contractor to construct the said improvements in accordance with these regulations and with this UDC and the Cibolo Design and Construction Manual.
B.
Pre-Construction Conference
Before any construction may begin, a pre-construction conference will be held for subdivisions for project coordination. The conference must be attended by the developer, all contractors and sub-contractors, utility companies, the City Engineer, the City Manager (and/or an appointed representative) and anyone concerned with the subdivision development.
C.
A full set of the City Engineer approved engineering/construction plans must also be available for inspection on the job site at all times.
D.
A drainage plan showing how the drainage of each lot relates to the overall drainage plan for the plat under consideration shall be available for inspection on the job site at all times and shall be made available to each builder in the development to ensure that all builders comply with the drainage plan.
20.3.10
Issuance of Building Permits and Certificates of Occupancy .
a.
No building permit shall be issued, street address assigned or utility connection allowed for a lot, building site, building or use unless the lot or building site has been officially recorded by a final plat approved by the City and filed for record at the County.
b.
Upon application for a "foundation only" building permit, a building "foundation only" permit shall be issued provided that a final plat has been recorded. However the building permit shall not be issued and building construction shall not be allowed to surpass the construction of fire protection improvements until all required fire lanes have been completed and until all water lines serving fire hydrants have been completed, inspected and tested, within 500 feet of the lot where the building permit is sought.
c.
Unless exempted by this UDC, no lot may be sold nor title conveyed until the final plat has been approved and recorded by the County Recorder of Guadalupe County, Texas.
d.
No certificate of occupancy shall be issued for a building or the use of property unless all subdivision improvements have been completed and a final plat has been approved by the City and recorded by the County Recorder of Guadalupe County, Texas. Notwithstanding the above, the City may authorize the conditional occupancy of a structure provided that an agreement providing cash escrow, a letter of credit, or other sufficient surety is approved by the City Engineer for the completion of all remaining public improvements, and provided that the structure is safely habitable in accordance with the Cibolo Building Code, as amended.
20.3.11
Public Improvements Acceptance/Warranty Required .
1.
It is expressly understood that as a condition to the approval of said subdivision, no Building Permits will be issued until all public infrastructure is installed and other improvements required by this UDC is accepted for the subdivision in which said lot is contained except as specified in this section.
2.
Inspection and Acceptance of Public Improvements
a.
Inspection
Construction inspection shall be supervised by the City of Cibolo Infrastructure Compliance Manager. Construction shall be in accordance with the approved construction plans. Any significant change in design required during construction shall be made by the applicant's engineer, and shall be subject to approval by the City Engineer. If the Infrastructure Compliance Manager finds upon inspection that any of the required public improvements have not been constructed properly and in accordance with the approved construction plans, the property owner shall be responsible for completing and/or correcting said public improvements.
b.
Acceptance of Public Improvements
(1)
Preliminary Acceptance (Part I)
(a)
When the City Engineer determines that public improvements have been installed in compliance with the approved construction plans, the developer may petition the City for preliminary acceptance of public improvements by completing Part I of the "Developer Petition for Acceptance of Public Improvements" shown in this UDC and forwarding it to the City in three (3) copies with required supporting documents as specified in the "Developer Petition for Preliminary Acceptance of Public Improvements."
(b)
After recommendation(s) by the City Engineer, the City shall accept or reject the petition for preliminary acceptance of public improvements and said acceptance or rejection shall be final. The City may provide for conditional acceptance of public improvements provided that the applicant guarantees that all materials and workmanship are to be in accordance with the approved plans and specifications prescribed by the City and to correct any and all deficiencies not in accordance with approved plans and specifications as may be noted until final acceptance by the City in accordance with Final Acceptance as specified below.
(c)
Each public improvement shall be tabulated and quantified into terms of lineal road length, lineal sidewalk length, lineal water line length (per diameter of water line), lineal sanitary sewer line length (per diameter of sanitary sewer line), lineal drainage channel lengths, acreage of stormwater pond acreage, and the like, as well as the valuation for each public improvement.
(d)
In conjunction with the submittal of the Preliminary Acceptance instrument, the applicant shall submit the following: 1) Two (2) hard copies of the following items; construction plans approved by the City Engineer, as-built construction plans certified by a registered P.E., field density and material source tests by a recognized testing laboratory, and a geotechnical report; 2) DVD and complete log of the televised sewer line inspections, 3) acceptance letters from all utility providers, 4) Itemized Construction Cost report, 5) Pre-walk Punchlist, 6) Copy of recoded Final Plat, 7) Maintenance Bond per UDC Article 20.6 and 8) a DVD with AutoCAD, GIS Shape Files and PDF's of the Items 1-7 in this list.
(2)
Final Acceptance (Part II)
(a)
After 1 year from the date of preliminary acceptance in accordance with Part I, the developer may petition the City for final acceptance of public improvements by completing Part II of the "Developer Petition for Acceptance of Public Improvements" as shown in this UDC and providing three (3) copies of the form to the City.
(b)
Upon the submission of a complete petition with all the required information and attachments specified in this UDC, the Infrastructure Compliance Manager, in conjunction with the City Engineer, shall perform acceptance inspections to determine that the owner has maintained the public improvements in good condition and has corrected any and all deficiencies specified in the Preliminary Acceptance procedure.
(c)
When the City Engineer determines that the owner has maintained the public improvements in good condition and has corrected any and all deficiencies specified in the Preliminary Acceptance procedure or any other deficiencies having arisen from the effective date of the acceptance of the petition for preliminary acceptance, the petition shall be forwarded to the Planning and Development Services Director for final acceptance of the public improvements. The effect of approval of a petition for final acceptance of public improvements by the City shall be the assumption of the responsibility for maintenance of the public improvements by the City.
(3)
Notice of Deficiencies
(a)
In the event required plans and/or specifications have not been complied with during either Phase I or Phase II of the public infrastructure inspection and acceptance processes, the City Engineer will so inform the developer in writing listing each discrepancy requiring correction. A copy of said notice to the developer shall be forwarded to the Planning and Development Services Director.
(b)
When all of the listed discrepancies have been corrected the owner shall request re-inspection by the City Engineer and Infrastructure Compliance Manager. The developer shall pay all re-inspection costs prior to acceptance.
(c)
When inspection or re-inspection determines that all plans and specifications have been complied with, the City Engineer shall complete the final acceptance certificate shall forward three (3) copies with supporting information to the Planning and Development Services Director Manager for consideration for approval.
(4)
An affidavit from the applicant stating that to the best of his information and belief, the contractor(s) has complied with the regulations contained in this Article.
(5)
Prior to Final Acceptance of any public improvements, "As Built" plan shall be submitted to the City.
3.
Performance Bond, Maintenance/Warranty Bond, Preliminary/Final Acceptance Forms
a.
In Section 20.6.C of this UDC are the forms for Performance and Maintenance/Warranty Bonds and Preliminary and Final Acceptance instruments submitted for all public improvements.
b.
For each of these instruments, the developer shall submit three (3) original signature copies. Upon execution of each instrument, the owner/developer will receive an original executed copy.
c.
Performance and Warranty Bonds may only be released by an affirmative action on the part of the City Engineer and Planning and Development Services Director.
d.
The developer or owner shall covenant to warranty the required public improvements for a period of one (1) year following acceptance by the City of all required public improvements and shall provide a maintenance bond in the amount of 25%, with a minimum amount of $25,000, of the costs of the improvements for such period. All improvements located within an easement or right-of-way shall be bonded.
20.3.12
Dormant Subdivisions .
Any master plan, land study, preliminary plat, final plat, replat, amending plat, conveyance plat or development plat that is dormant, per the provisions of Texas Local Government Code Section 245.005, shall expire upon the adoption date of this UDC and shall become null and void.
20.3.13
Vacating Plat .
a.
Prior to the sale of any lot . In cases where lots have not been sold, any plan, plat or re-plat may be vacated by the proprietors of the land covered thereby at any time before the sale of any lot therein by a written instrument declaring the same to be vacated, duly executed, acknowledged and recorded in the same office as the plat to be vacated, provided the approval of the City has been obtained. On the execution and recording of the vacating instrument, the vacated plat shall have no effect.
b.
After the sale of any lot . In cases where lots have been sold, the plan, plat or re-plat, or any part thereof, may be vacated upon the application of all the owners of lots in such plat and with the approval of the City. On the execution and recording of the vacating instrument, the vacated plat has no effect.
20.3.14
Replatting .
a.
Re-plat required . Unless otherwise expressly provided for herein, a property owner who proposes to re-plat any portion of an already approved and filed final plat, other than to amend or vacate the plat, must first obtain approval for the re-plat under the standards and procedures prescribed for the re-platting of land by this Ordinance. All improvements shall be constructed in accordance with the same requirements as for a final plat as provided herein. The City Planner may waive or modify requirements for a preliminary re-plat under certain circumstances where the proposed re-plat does not involve a large land parcel or an existing structure or business on the subject property, and where the proposed plat revisions are relatively simple in nature.
b.
Re-platting without vacating preceding plat . A re-plat of a final plat or portion of a final plat may be recorded and is controlling over the preceding plat without vacation of that plat if the re-plat:
1.
Is signed and acknowledged by only the owners of the property being re-platted;
2.
Is approved after a public hearing on the matter at which parties in interest and citizens have an opportunity to be heard by the Planning and Zoning Commission and City Council; and
3.
Does not attempt to amend or remove any covenants or restrictions previously incorporated in the final plat.
Notice of the public hearing required under this section shall be given before the 15th calendar day before the date of the hearing by publication in an official newspaper or a newspaper of general circulation in the County. Notice of the public hearing shall also be given by written notice before the 15th calendar day before the date of the hearing, with a copy or description of any requested waivers and a copy of Section 212.015 (c) of the Texas Local Government Code, sent to the property owners, as documented on the most recently approved ad valorem tax roll of the City of lots that are in the original subdivision and that are within 200 feet of the lot(s) to be re-platted. In the case of a subdivision in the extraterritorial jurisdiction, the most recently approved County tax roll shall be used. The written notice may be delivered by depositing the notice, properly addressed with appropriate postage paid, in a post office or postal depository within the boundaries of the City.
c.
Residential re-plat . In addition to compliance with (b) above, a re-plat without vacation of the preceding plat must conform to the requirements of this Section if:
1.
During the preceding five years any of the area to be re-platted was limited by an interim or permanent zoning classification to residential use for not more than two residential units per lot; or
2.
Any lot in the preceding plat was limited by deed restrictions to residential use for not more than two residential units per lot.
d.
If the property owner(s) of twenty (20) percent or more of the total land area of lots to whom notice is required to be given under Subsection (b) above file with the City a written protest of the re-platting before or at the public hearing, and the re-plat requires a waiver as defined in this UDC, then approval of the re-plat will require the affirmative vote of at least three-fourths (3/4) of the Commission members present. For a legal protest, written instruments signed by the owners of at least 20% of the total land area of the lots or land immediately adjoining the area covered by the proposed re-plat and extending two hundred (200) feet from that area, but within the original subdivision, must be filed with the City prior to the close of the public hearing. In computing the percentage of land area subject to the "20% rule" described above, the area of streets and alleys shall be included.
e.
Compliance with Subsection (c.) above is not required for approval of a re-plat for any part of a preceding plat if the area to be re-platted was designated or reserved for other than single or two family residential use by notation on the last legally recorded plat or in the legally recorded restrictions applicable to the plat. For example, for a re-plat involving nonresidential property, a public hearing must be held, pursuant to Subsection (b.2.) above, but notice of the hearing does not have to appear in the newspaper and written notices do not have to be mailed to individual property owners within two hundred (200) feet of the subject property.
f.
Any re-plat that adds or deletes lots must include the original subdivision and lot boundaries. If a re-plat is submitted for only a portion of a previously platted subdivision, the re-plat must reference the previous subdivision name and recording information, and must state on the re-plat the specific lots which have changed along with a detailed "Purpose for Re-plat" statement.
g.
If the previous plat is vacated as prescribed in Section 212.013 of the Texas Local Government Code, as amended, and as provided in this UDC, a public hearing is not required for a re-plat of the area vacated. It would, instead, be submitted as a "preliminary or final plat" and reviewed accordingly.
h.
The re-plat of the subdivision shall meet all the requirements for a final plat for a new subdivision that may be pertinent, as provided for herein.
i.
The title shall identify the document as a "Final Plat" of the "___________ Addition, Block ___________, Lot(s) ___________, being a Re-plat of Block ___________, Lot(s) ___________ of the ___________ Addition, an addition to the City of Cibolo, Texas, as recorded in Volume ___________, Page ___________ of the Plat Records of ___________ County, Texas".
j.
An application submittal for a re-plat shall be the same as for a final plat, and shall be accompanied by all items required for final plats including the required number of copies of the plat, a completed application form, and the required application fee.
k.
The re-plat shall also bear a detailed "Purpose for Re-plat" statement which describes exactly what has been changed on the plat since the original (or previous) plat was approved by the City and filed at the County.
l.
The re-plat shall be filed at the County in the same manner as prescribed for a final plat, and approval of a re-plat shall expire if all filing materials are not submitted to the City, and if the re-plat is not filed at the County within the time periods specified for a final plat.
20.3.15
Amending Plats .
a.
An amended plat shall meet all of the informational and procedural requirements set forth for a final plat, including the required number of copies of the plat, a completed application form, and the required application fee, as amended.
b.
Upon receipt of a favorable recommendation for approval from the City Engineer, the City Planner may approve an amending plat which may be recorded and is controlling over the preceding or final plat without vacation of that plat if the amending plat is signed by the applicants only and if the amending plat is for one or more of the purposes set forth in this Article. The procedures for amending plats shall apply only if the sole purpose of the amending plat is to:
1.
Correct an error in a course or distance shown on the preceding plat;
2.
Add a course or distance that was omitted on the preceding plat;
3.
Correct an error in a real property description shown on the preceding plat;
4.
Indicate monuments set after the death, disability, or retirement from practice of the engineer or surveyor responsible for setting monuments;
5.
Show the location or character of a monument that has been changed in location or character or that is shown incorrectly as to location or character on the preceding plat;
6.
Correct any other type of scrivener or clerical error or omission previously approved by the municipal authority responsible for approving plats, including lot numbers, acreage, street names, and identification of adjacent recorded plats;
7.
Correct an error in courses and distances of lot lines between two adjacent lots if:
(a)
Both lot owners join in the application for amending the plat;
(b)
Neither lot is abolished;
(c)
The amendment does not attempt to remove or modify recorded covenants or restrictions or easements; and
(d)
The amendment does not have a material adverse effect on the property rights of the owners in the plat;
8.
Relocate a lot line to eliminate an inadvertent encroachment of a building or other improvement on a lot line or easement;
9.
Relocate one or more lot lines between one or more adjacent lots if:
(a)
The owners of all those lots join in the application for amending the plat;
(b)
The amendment does not attempt to remove or modify recorded covenants or restrictions or easements; and
(c)
The amendment does not increase the number of lots; or
10.
To make necessary changes to the preceding plat to create six or fewer lots in the subdivision or a part of the subdivision covered by the preceding plat if:
(a)
The changes do not affect applicable zoning and other regulations of the City;
(b)
The amendment does not attempt to remove or modify recorded covenants or restrictions or easements; and
(c)
The area covered by the changes is located in an area that the City Council has approved, after a public hearing, as a residential improvement area.
11.
To re-plat one or more lots fronting on an existing street if:
(a)
The owners of all those lots join in the application for amending the plat;
(b)
The amendment does not attempt to remove recorded covenants or restrictions;
(c)
The amendment does not increase the number of lots; and
(d)
The amendment does not create or require the creation of a new street or make necessary the extension of municipal facilities.
c.
The City Planner may approve amending plats administratively, or, for any reason, may elect to present the amending plat to the Planning and Zoning Commission and City Council for consideration and approval. Any decision made on the amending plat by the Planning and Engineering Director shall be approval of the plat. Should the City refuse to approve the amending plat, then the plat shall be referred to the Planning and Zoning Commission and City Council for review and approval within the time period required by State law.
d.
Notice, a public hearing, and the approval of other lot owners is not required for the approval and issuance of an amending plat.
e.
The amended plat shall be entitled and clearly state that it is an "amended plat", and it shall include a detailed "Purpose for Amended Plat" statement which describes exactly what has been changed on the plat since the original (or previous) plat was approved by the City and filed at the County. It shall also state the specific lots affected or changed as a result of the amended plat, and shall include the original subdivision plat boundary. All references to "final plat" or "re-plat" shall be removed.
f.
The amending plat shall be filed at the County in the same manner as prescribed for a final plat, and approval of an amending 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.
20.3.16
Minor Plats .
a.
A minor plat shall meet all of the informational and procedural requirements set forth for a final plat, and shall be accompanied by all items required by the City Planner, including the required number of copies of the plat, a completed application form, and the required application fee.
b.
Upon receipt of a favorable recommendation for approval by the City Engineer, the City Planner may approve, or approve with conditions, a minor plat, or may, for any reason, elect to present the minor plat to the Commission and Council for consideration. The City Planner may not deny a minor plat. Should the City refuse to approve the minor plat, then the plat shall be referred to the Commission and Council for review and approval within the time period required by State law.
c.
Notice, a public hearing, and the approval of other lot owners are not required for the approval a minor plat.
d.
The minor plat shall be titled and clearly state that it is a "minor plat."
e.
The minor plat shall be filed at the County in the same manner as prescribed for a final plat, and approval of a minor 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.
20.3.17
Development Plats .
a.
Authority . This Section is adopted pursuant to the Texas Local Government Code, Chapter 212, Subchapter 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). "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 re-platted prior to the effective date of this UDC, unless expressly exempted herein; or
2.
The development of any tract of land for which the property owner claims an exemption from the City's Subdivision Regulations of this UDC, including requirements to re-plat, 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 (i) the tract to be developed has received final plat or re-plat approval or was created prior to the effective date of this Ordinance, or (ii) a subdivision plat is also required under the ordinances of the City. The Council 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 Council or City Planner 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 Master Plan's 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 ordinance of the City that are related to development of a land parcel not otherwise subject to the City's platting requirements.
g.
Conditions . The City Planner, in the case of a minor plat, or otherwise the Council, may impose such conditions on the approval of the development plat as are necessary to insure compliance with the standards in subsection f. above.
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 City Planner, 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.
Applicants must submit all Development plat application materials to the City for review in the same form and manner as for a final plat, or the application shall be deemed incomplete.
20.3.18
Planned Unit Developments (PUD) .
a.
Regulations for PUD subdivision. The regulations set forth in this Section or as set forth elsewhere in this UDC when referred to in this section are regulations in the planned development (PD) subdivision. They may be created only within the City Limits.
b.
Purposes of PUD. In certain instances, the purposes of the UDC or Comprehensive Master Plan may be achieved by the development of planned developments which do not conform in all respects with the land use pattern designated on the zoning map, the district regulations prescribed by the zoning requirements of this UDC. A planned development (PD) may include a combination of different dwelling types and/or a variety of land uses which creatively complement each other and harmonize with existing and proposed land uses in the vicinity. In order to encourage creative development of the land, provide locations for well-planned comprehensive developments, and provide for variety in the development pattern of the City which conforms with the purposes of the Comprehensive Master Plan, the Council is empowered to approve planned development subdivisions.
c.
Planned development subdivision requirements.
1.
It is the intent of this Article that subdivision review under the subdivision regulations be carried out simultaneously with the review of a planned development plan under the Zoning regulations of this UDC.
2.
The detail plans required in the Zoning section of this UDC must be submitted in a form that will satisfy the requirements of this UDC for final plats.
3.
The final plat must be in conformance with the approved detail plans before they may be approved by the City Council. Approval and recording of the final plat and construction of an approved subdivision shall be in accordance with the applicable provisions of this UDC.
4.
The Commission may vary the specific requirements of this UDC if, on the basis of the PD concept and detail plan and the evidence submitted, the City Council makes the following findings:
(a)
That the proposed modifications to the requirements of this UDC for the planned development are in accord with the purposes of this UDC and meet the objectives of the Comprehensive Master Plan;
(b)
That the proposed modification provides for better project design;
(c)
That the standards of population density, site area and dimensions, site coverage, yard spaces, heights of structures, distances between structures, usable open space and off-street parking and off-street loading facilities will be such that the development will not generate more traffic than the streets in the vicinity can carry without congestion and will not overload the utilities;
(d)
That the development is planned with adequate provisions for light, air, vehicular and pedestrian circulation and recreational facilities equal to or better than the requirements of this UDC;
(e)
That the combination of different dwelling types and/or the variety of land uses in the development will complement each other and will harmonize with existing and proposed land uses in the vicinity;
(f)
Financial reasons are not the sole reason for standards modification.
20.3.19
Standard Plat Language, Notes, Bonds and Acceptance Forms .
When submitting any plat, bond, acceptance form or any other legal instrument required by this Article of the UDC, the standardized language, notes and forms provided in Section 21.7 of this Article shall be utilized, when and where applicable.