§ 28-44. Final plat and accompanying data.
If the preliminary plat is approved or conditionally approved with modifications, and the subdivider elects to continue, the subdivider must submit the final plat and accompanying data (together with applicable required filing fees and deposits) to City staff, the Planning and Zoning Commission and the City Council for their respective approvals pursuant to the process outlined in subsection (3) of this section.
(1)
Form and content of plat.
a.
The final plat shall conform to the preliminary plat as conditionally approved by the City incorporating any and all changes, modifications, alterations, corrections and conditions recommended by the City Engineer.
b.
The final plat shall be on sheets 18 inches wide and 24 inches long and 2½ inches on the left side of the street, and margins of not less than three-eighths inches on the other three sides. The plat shall be drawn at a scale of 100 feet to one inch. Where more than one sheet is necessary to accommodate the entire computed area, an index sheet showing the entire subdivision at an appropriate scale shall be attached to the plat.
c.
The final plat shall be submitted in ten copies, together with the original, and shall contain all of the features required for preliminary plats in section 28-42(f) and shall also include the following:
1.
The exact location, dimensions, names and description of all existing or recorded streets, alleys, reservations, easements or other public rights-of-way within the subdivision, intersecting or contiguous with its boundary or forming such boundary, with accurate dimensions, bearing or deflecting angles and radii, computed area, and central angle, tangent distance and length of all curves, where appropriate.
2.
The exact location, dimensions, description and name of all proposed streets, alleys, parks, other public areas, reservations, easements or other rights-of-way, blocks, lots, monuments, and other sites within the subdivision with accurate dimensions, bearing or deflecting angles and radii, area and central angles, tangent distance and length of all curves, where appropriate. All lot corners shall be marked with one-half inch diameter x two feet long iron pins.
3.
Owner's Acknowledgement as follows:
STATE OF TEXAS X COUNTY OF BEXAR X The owner of the land shown on this plat, and whose name is subscribed hereto, and in person or through a duly authorized agent, dedicates to the City of Shavano Park, Texas, for the use of the public forever all streets, alleys, parks, watercourses, drains, easements, and the water and sewer lines in all of the aforesaid public places and all other public places thereon shown for the purpose and consideration therein express.
____________ Owner STATE OF TEXAS X COUNTY OF BEXAR X BEFORE ME, the undersigned authority, on this day personally appeared ____________ known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed, and in the capacity therein stated.
GIVEN under my hand and seal of office this ____________ day of ____________ , 19 ____________ .
____________ Notary Public, State of Texas 4.
Certification of the Surveyor responsible for surveying the subdivision area, attesting to its accuracy:
STATE OF TEXAS X COUNTY OF BEXAR X I hereby certify that this plat is true and correct and was prepared from an actual survey of the property made under my supervision on the ground.
____________ ____________ Registered Professional Surveyor (Surveyor's Seal)
Sworn to and subscribed before me this the ____________ day of ____________ , 19 ____________ .
____________ ____________ Notary Public, State of Texas 5.
A certificate by the engineer responsible for the preparation of the final plat and supporting data, attesting to its accuracy:
STATE OF TEXAS X COUNTY OF BEXAR X I hereby certify that proper engineering consideration has been given this plat to the matters of streets, lots, and drainage layout.
____________ ____________ Registered Professional Surveyor (Engineer's Seal)
Sworn to and subscribed before me this the ____________ day of ____________ , 19 ____________ .
____________ ____________ Notary Public, State of Texas 6.
Certification by City Engineer:
The City Engineer of the City of Shavano Park hereby certifies that this subdivision plat conforms to all requirements of the subdivision regulations of the City as to which his approval is required.
____________ City Engineer 7.
Approval of the Planning and Zoning Commission of the City
This plat of ____________ / ____________ / ____________ has been submitted to and considered by the Planning and Zoning Commission of the City of Shavano Park, Texas, and is hereby approved by such Planning and Zoning Commission.
Dated this ____________ day of ____________ / ____________ / ____________ , 19 ____________ .
By: ____________ Chairman By: ____________ City Secretary 8.
Approval of the City Council of the City
This plat of ____________ / ____________ / ____________ has been submitted to and considered by the City Council of the City of Shavano Park, Texas, and is hereby approved by such City Council.
Dated this ____________ day of ____________ / ____________ / ____________ , 19 ____________ .
By: ____________ Mayor By: ____________ City Secretary 9.
STATE OF TEXAS X COUNTY OF BEXAR X I, ____________ , COUNTY CLERK OF SAID COUNTY, DO HEREBY CERTIFY THAT THIS PLAT WAS FILED FOR RECORD IN MY OFFICE, OF THE ____________ DAY OF ____________ / ____________ / ____________ , A.D. 19 ____________ AT ____________ .M. IN THE RECORDS OF ____________ OF SAID COUNTY, IN BOOK VOLUME ____________ ON PAGE ____________ .
IN TESTIMONY WHEREOF, WITNESS MY HAND AND SEAL OF OFFICE, THIS ____________ DAY OF ____________ / ____________ / ____________ A.D.19 ____________ .
County Clerk Bexar County, Texas By: ____________ Deputy (2)
Accompanying data. All plans and calculations shall bear the seal of an engineer and, where applicable, all trenches in excess of five feet in depth at construction sites in the City and its extraterritorial jurisdiction must be construed and operated in accordance with OSHA standards. When filed, the final plat shall be accompanied by the following site improvement data:
a.
Streets, alleys, sidewalks, crosswalk ways. Three copies of plans and profiles of all streets, alleys and plans for sidewalls and crosswalk ways and three copies of construction specifications and of detailed cost estimates which shall include a 15 percent contingency. Plans are to be drawn at a scale of one inch equals 50 feet, longitudinal, and one inch equals five inches, vertical. Bench marks using USGS data are required.
b.
Sanitary sewers.
1.
Three copies of plans and profiles of proposed sanitary sewer lines indicating type, sizes, depths, and grades of lines. Plan shall be to a scale of at least 100 feet to an inch with contours and scaled lot dimensions as on plat and shall show existing as well as proposed sewers.
2.
When a separate sewer system or treatment plant is proposed, three copies of proposed plans.
3.
Two copies of construction specifications and detailed cost estimates.
c.
Septic system. When sewer service for the proposed plat is to be so provided by septic tanks, written approval by the appropriate public agency having installation permit and operation control jurisdiction. Such written approval shall state that approval for septic tank systems for each proposed property is granted and installation permits will be issued for same upon request after plat recordation.
d.
Recharge zone. When a sewer or septic system is proposed within the recharge zone of the Edwards Aquifer within the City or its extraterritorial jurisdiction, written approval as required by the appropriate State agency having review and enforcement authority jurisdiction regarding the Texas Administrative Code, 31 TAC §§ 331.1—331.11 or the latest revision thereof regulating such systems.
e.
Water lines.
1.
Three copies of plans of all proposed water lines and fire hydrants, showing type and sized of the lines. The plan shall be prepared at a scale of at least 100 feet to an inch and shall contain scaled lot dimensions as shown on the plat.
2.
When a separate water system is planned, three copies of the plans, including water lines and hydrants.
3.
Two copies of construction specifications and detailed cost estimates.
f.
Storm drainage.
1.
Three copies of the storm drainage plan, prepared to scale of 100 feet to an inch and with the same contours and scaled lot sizes as shown on the plat. All street widths and grades shall be indicated, and runoff figures shall be indicated on the outlet and inlet side of all drainage ditches and storm sewers and, at request of City Engineer, at all points in the street at changes of grade or where the water enters another street or storm sewer or drainage ditch. Drainage easements shall be indicated.
2.
A general location map of the subdivision showing the entire watershed (U.S.G.S. Quadrangle is satisfactory).
3.
Calculations showing the anticipated stormwater flow, including watershed area, percent runoff, and time of concentration. When a drainage ditch or storm sewer is proposed calculations shall be submitted, showing basis for design.
4.
When a drainage channel or storm sewer is proposed, three copies of complete plans, profiles, and specifications shall be submitted, showing complete construction details.
5.
When conditions upstream or downstream form a proposed channel or storm sewer do not permit maximum design flow, high water marks based on 100-year frequency shall be indicated, based upon existing conditions.
g.
Additional requirements.
1.
Tax certificates from the City, the School District and the County which indicate that all ad valorem taxed have been paid up to and including the current year on all land included within the final plat.
2.
Letters of certification by the proper authorized official of each public utility company or board involved to be inscribed on the respective utility layouts required herein certifying approval of the same by said utility company or board.
3.
A letter from the subdivider authorizing the City to file the plat for record.
4.
A performance agreement in a format as described in this chapter and which is sufficient to guarantee the subdivider will complete any and all required improvements within two years after approval of such plat.
(3)
Processing final plat.
a.
As soon as practicable after the subdivider is notified by the City staff of the approval or conditional approval with modifications of the preliminary plat, the subdivider shall submit to the City staff the proposed final plat of the subdivision or portion thereof.
b.
If desired by the subdivider and approved by the City Engineer, Planning and Zoning Commission and City Council, the final plat may constitute only that portion of the approved preliminary plan which he proposes to record and develop. However, such portion shall conform to all the requirements of this chapter.
c.
Except as hereinafter provided, no final plat will be considered unless a preliminary plat has been submitted and approved or conditionally approved with modifications. If, however, an approved plat has been duly recorded and the subdivider wished to increase the size of the lots by combining two or more lots or by combining one lot with a portion of the adjacent lot in such manner that no portion of a lot remains smaller than the original lots, submission of an additional preliminary plat will not be necessary.
d.
A final plat of an approved or conditionally approved preliminary plat or a portion thereof shall be submitted to the City staff for their review of the plat for compliance with all plat requirements including but limited to design of streets, water, sewer and other required improvements and utilities within 12 months of the date of approval or conditional approval with modifications of the preliminary plat; otherwise, the approval of the City shall become null and void, unless an extension of time is applied for and granted by the Planning and Zoning Commission and the City Council.
e.
Within 30 days after the proposed final plat is submitted to the City staff, the City staff will approve or disapprove such plat. If it is disapproved by the City staff, the City staff shall inform the subdivider, in writing, of the reasons at the time such action is taken.
f.
If the preliminary plat is approved, it can then be submitted to the Planning and Zoning Commission and the City Council. A final plat will require the approval of both the Planning and Zoning Commission and the City Council before the subdivider can record the plat.
g.
If the preliminary plat is approved and the subdivider elects to continue and submit the final plat to the Planning and Zoning Commission, the subdivider shall file the final plat accompanied by a filing fee as well as any deposits as established by the City Council from time to time.
h.
The Planning and Zoning Commission may disapprove or approve the final plat.
i.
The Planning and Zoning Commission shall act on the final plat within 30 days after the date the final plat is filed with the Commission. A final plat is considered approved by the Planning and Zoning Commission unless it is disapproved within the 30-day period.
j.
If the Planning and Zoning Commission approves the final plat, and the subdivider elects to continue and submit the final plat to the City Council, the subdivider shall file the final plat accompanied by a filing fee as well as any deposits as established by the City Council from time to time.
k.
The City Council may disapprove or approve the final plat.
l.
The City Council shall act on the final plat within 30 days after the date the final plat is filed with the City Council. A final plat is considered approved by the City Council unless it is disapproved within the 30-day period.
m.
If the final plat is disapproved, the City shall inform the subdivider in writing of the reasons at the time such action is taken if the subdivider requests the reasons in writing.
n.
After the final plat has been approved and subdivider has performed as prescribed in section 28-49 for the purpose of insuring construction of all site improvements required by this chapter (including water and sewer service facilities, but excluding gas and electric lines), the City Council shall cause the final plat to be recorded with the County Clerk. No plat shall be filed for record without written consent of the subdivider. If the subdivider fails to give such written consent, the City Council may cancel such approval.
o.
Payment of all platting fees as established by the City Council from time to time is required by the City before final plat approval.
(4)
Certificates and record of approval.
a.
If a final plat is approved, the Planning and Zoning Commission and the City Council giving the approval shall each endorse the final plat with a certificate indicating the approval. The first certificate must be signed by the Chairman of the Planning and Zoning Commission and attested by the City Secretary. The second certificate must be signed by the Mayor or Mayor Pro Tem and the City Secretary.
b.
If either or both the Planning and Zoning Commission and City Council fails to act on a final plat within the prescribed period, the Planning and Zoning Commission and/or the City Council on request shall issue a certificate stating the date the final plat was filed and that the Planning and Zoning Commission and/or the City Council failed to act on the final plat within the period. This certificate is effective in place of the certificate required by subsection (4)a of this section.
c.
Both the Planning and Zoning Commission and the City Council shall maintain a record of each application made to each body and the action taken on it. On request of an owner of an affected tract, the Planning and Zoning Commission and the City Council shall each certify the reasons for the action taken on an application.
(5)
Standards for approval. The Planning and Zoning Commission and the City Council shall approve a final plat if:
a.
The final plat conforms to the general plan of the City and its current and future streets, alleys, parks, playgrounds, and public utility facilities;
b.
The final plat conforms to the general plan for the extension of the City and its roads, streets, and public highways within the City and its extraterritorial jurisdiction, taking into account access to and extension of sewer and water mains and the instrumentalities of public utilities; and
c.
The final plat conforms to the provisions of this chapter.
(6)
Certification regarding compliance with plat requirements.
a.
For the purposes of this subsection, land is considered to be within the jurisdiction of the City if the land is located within the City limits or in the extraterritorial jurisdiction of the City.
b.
On the approval of the final plat by the Planning and Zoning Commission and the City Council, the City Council shall issue to the person applying for the approval a certificate stating the final plat has been reviewed and approved by the Planning and Zoning Commission and the City Council.
c.
On the written request of an owner of land, an entity that provides utility service or the City Council shall make the following determinations regarding the owner's land or the land in which the entity or City Council is interested that is located within the jurisdiction of the City:
1.
Whether a plat is required under this chapter for the land; and
2.
If a plat is required, whether it has been prepared and whether it has been reviewed and approved by the Planning and Zoning Commission and the City Council.
d.
The request made under subsection (6)c of this section must identify the land that is the subject of the request.
e.
If the City Council determines under subsection (6)c of this section that a plat is not required, the City Council shall issue to the requesting party a written certification of that determination. If the City Council determines that a plat is required and that the plat has been prepared and has been reviewed and approved by the Planning and Zoning Commission and the City Council, the City Council shall issue to the requesting party a written certification of that determination.
f.
The City Council shall make its determination within 20 days after the date it receives the request under subsection (6)c of this section and shall issue the certificate, if appropriate, within ten days after the date the determination is made.
(7)
Connection of utilities.
a.
Except as provided by subsection (7)c of this section, an entity described by subsection (7)b of this section may not serve or connect any land with water, sewer, electricity, gas, or other utility service unless the entity has been presented with or otherwise holds a certificate applicable to the land issued under subsection (6) of this section.
b.
The prohibition established by subsection (7)a of this section applies only to:
1.
A municipality and officials of a municipality that provided water, sewer, electricity, gas, or other utility service;
2.
A municipally owned or municipally operated utility that provides any of those services;
3.
A public utility that provides any of those services;
4.
A water supply or sewer service corporation organized and operating under chapter 76, Acts of the 43rd Legislature, 1st called session, 1933 (Tex. Civil Statutes, art. 1434a), that provides any of those services;
5.
A county that provides any of those services; and
6.
A special district or authority created by or under State law that provides any of those services.
c.
An entity described by subsection (7)b of this section may serve or connect land with water, sewer, electricity, gas, or other utility service regardless of whether the entity is presented with or otherwise holds a certificate applicable to the land issued under subsection (6) of this section, if:
1.
The land is covered by a development plat approved under Tex. Local Government Code ch. 212, subch. B or under an ordinance or rule relating to the development plat;
2.
The land was first served or connected with service by an entity described by subsection (7)b.1, 2 or 3 of this section before September 1, 1987;
3.
The land was first served or connected with service by an entity described by subsection (7)b.4, 5 or 6 of this section before September 1, 1989;
4.
The City Council issues a certificate stating that:
(i)
The land, before September 1, 1995, was sold or conveyed to the person requesting service by any means of conveyance, including a contract for deed or executory contract;
(ii)
The land is located in a subdivision in which the entity has previously provided service;
(iii)
The land is located outside the limits of the City;
(iv)
The land is located in an "affected county" as that term is defined by Tex. Local Government Code § 232.021; and
(v)
Construction of a residence on the land, evidenced by at least the existence of a completed foundation, was begun on or before May 1, 1997.
d.
An entity described by subsection (7)b of this section may provide utility service to land described by subsection (7)c.4 of this section only if the person requesting service:
1.
Is not the land's subdivider or the subdivider's agent; and
2.
Provides to the entity a certificate described by subsection (7)c.4 of this section.
e.
A person requesting service may obtain a certificate under subsection (7)c.4 of this section only if the person provides to the Planning and Zoning Commission and the City Council either:
1.
A copy of the means of conveyance or other documents that show that the land was sold or conveyed to the person requesting service before September 1, 1995, and a notarized affidavit by that person that states that construction of a residence on the land, evidenced by at least the existence of a completed foundation, was begun on or before May 1, 1997; or
2.
A notarized affidavit by the person requesting service that states that the property was sold or conveyed to that person before September 1, 1995, and that construction of a residence on the land, evidenced by at least the existence of a completed foundation, was begun on or before May 1, 1997.
f.
On request, the Planning and Zoning Commission and the City Council shall provide to the Attorney General and any appropriate local, county, or State law enforcement official a copy of any document on which the Planning and Zoning Commission and the City Council relied in determining the legality of providing service.
g.
This subsection (7) may not be construed to abrogate any civil or criminal proceeding or prosecution or to waive any penalty against a subdivider for a violation of a State or local law, regardless of the date on which the violation occurred.
h.
In this subsection (7):
1.
The term "foundation" means the lowest division of a residence, usually consisting of a masonry slab or a pier and beam structure, that is partly or wholly below the surface of the ground and on which the residential structure rests.
2.
The term "subdivider" means an individual, firm, corporation, or other legal entity that owns any interest in land and that directly or indirectly subdivides land into lots as part of a common promotional plan in the ordinary course of business.
(Ord. No. 52, art. II, § 3, 5-20-1997; Ord. No. 100-52-99, §§ 10—17, 3-30-1999; Ord. No. 100-52-04, 10-19-2004; Ord. No. 100-03-11, § I, 5-17-2011; Ord. No. 300-07-12, § I(2), 9-24-2012)