§ 38-10. Final plat.
(a)
After the preliminary plat has been tentatively approved by the city council, a final plat, in the form of a record, shall be prepared in accordance with the conditions of approval and submitted to the city's engineer and planning director for review and transmission to the city planning and zoning commission. In the city's extraterritorial jurisdiction, for land where a master plat or a preliminary plat is not permitted to be filed, a final plat application shall meet the requirements of this section for all the land to be platted. The application shall be filed in the office of the city planning director at least 14 days prior to the meeting at which time final approval is asked. The mylar plat shall be submitted on a scale of 100 feet to one inch and shall be of a size which will fit on an 18-inch by 24-inch sheet for filing with the county. After the final plat has been approved by the planning and zoning commission, such plat shall be submitted to the city council for approval. The final plat shall show, or be accompanied by, the following information:
(1)
The names of the owner and/or subdivider and of the licensed state land surveyor, or registered engineer responsible for the plat.
(2)
The name of the subdivision and adjacent subdivisions, the names of streets (to conform whenever possible to existing street names) and numbers of lots and blocks, in accordance with alphabetical block arrangements and numerical lot arrangement. In case of branching streets, the lines of departure shall be indicated. (See general requirements.)
(3)
An accurate boundary survey and description of the property, with bearings and distances referenced to survey lines and established subdivisions, and showing the lines of adjacent lands and the fines of adjacent streets and alleys, with their width and names. Streets, alleys and lot lines in adjacent subdivisions shall be shown in dashed lines. North point, scale and date shall be shown.
(4)
Locations of proposed lots, streets, public highways, alleys, parks and other features, with accurate dimensions in feet and decimal fractions of feet, with the length of radii and of arcs of all curves, all angles, and with all other engineering information necessary to reproduce the plat on the ground. Dimensions shall be shown from all angle points. Contours, with a minimum of five feet, shall be shown as light, dashed lines. All elevations shown shall be referred to sea level datum. All lots or building sites shall conform to the standards prescribed by the Unified Development Code for the district in which the subdivision is located. All streets, alleys, drainage and public utilities shall conform to the specifications of the city.
(5)
The locations of building lines on front and side streets and the location of utility easements.
(6)
An instrument of dedication, signed and acknowledged by the owner and by all other parties who have a mortgage or lien interest in the property, showing all restrictions, reservations, and/or easements, if any, to be imposed and reserved in connection with the addition. Such restrictions shall contain the following provisions, along with any other restrictions which may be imposed:
No house, dwelling unit or other structure shall be constructed on any lot in this addition by the owner or any other person until:
a.
Such time as the developer and/or owner has complied with all requirements of the platting ordinance of the city regarding improvements with respect to the entire block on the street and/or streets on which the property abuts (a comer lot shall be warded as abutting on both intersection streets adjacent to such lot,) including the actual installation of streets, water, sewer, drainage structures, and storm sewer and alleys, all according to the specifications of the city;
b.
The escrow deposit, sufficient to pay for the cost of such improvements, as determined by the city's engineer and/or city administrator, computed on a private commercial rate basis, has been made with the city secretary, accompanied by an agreement signed by the developer and/or owner, authorizing the city to make such improvements at prevailing private commercial rates, or have the same made by a contractor and pay for the same out of the escrow deposit, should the developer and/or owner fail or refuse to install the required improvements within the time stated in such written agreement, but in no case the city be obligated to make such improvements itself. Such deposit may be used by the owner and/or developer as progress payments as the work progresses in making such improvements by making certified requisitions to the city secretary, supported by evidence of work done; or
c.
The developer and/or owner files a corporate surety bond with the city secretary in a sum equal to the cost of such improvements for the designated area, guaranteeing the installation thereof within the time stated in the bond, which time shall be fixed by the city council.
These restrictions with respect to required improvements are made to ensure the installation of such required improvements and to give notice to each owner and to each prospective owner of lots in the subdivision until said required improvements are actually made or provided for on the entire block on the street and/or streets on which the property abuts as described in this chapter and in compliance with the city specifications.
(7)
A certificate of dedication of all streets, public highways, alleys, parks and other land intended for public use, signed by the owner and by all other parties who have mortgage or lien interests in the property and acknowledged before a notary public. All deed restrictions that are to be filed with the plat shall be shown or filed separately. The certificate of dedication shall be substantially in the following form:
STATE OF TEXAS
COUNTY OF ROCKWALL
I (we) the undersigned owner(s) of the land shown on this plat, and designated herein as the subdivision to the City of Rockwall, Texas, and whose name is subscribed hereto, hereby dedicate to the use of the public forever all streets, alleys, parks, watercourses, drains, easements and public places thereon shown on the purpose and consideration therein expressed. I (we) further certify that all other parties who have a mortgage or lien interest in the subdivision have been notified and signed this plat.
I (we) further acknowledge that the dedications and/or exactions made herein are proportional to the impact of the subdivision upon the public services required in order that the development will comport with the present and future growth needs of the City; I (we), my (our) successors and assigns hereby waive any claim, damage, or cause of action that I (we) may have as a result of the dedication of exactions made herein.
Owner
Signature of Party with Mortgage or Lien Interest
STATE OF TEXAS
COUNTY OF ROCKWALL
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 purpose and consideration therein stated.
Given upon my hand and seal of office this day of _____, 20___.
Notary Public in and for the State of Texas
My Commission Expires:
(8)
A waiver of claim for damages against the city occasioned by the establishment of grades or the alteration of the surface of any portion of existing streets and alleys to conform to the grades established in the subdivision.
(9)
Certification by a registered engineer or a licensed state land surveyor, duly licensed by the state, to the effect that the plan represents a survey made by him, and that all the necessary survey monuments are correctly shown thereon.
(10)
The following certificate shall be placed on the plat after it has been finally approved by the city council:
I hereby certify that the above and foregoing plat of ________ addition to the City of Rockwall, Texas, was approved by the City Council of the City of Rockwall on the day of _____, 20___.
This approval shall be invalid unless the approved plat for such addition is recorded in the office of the county clerk, within 180 days from said date of final approval by the city engineer. Said addition shall be subject to all the requirements of these subdivision regulations.
WITNESS OUR HANDS, this day of _____, 20___.
City Secretary, City of Rockwall, Texas
(11)
The following certificates shall be placed on the plat, in a manner that will allow the filing in of the certificates by the proper party.
a.
Recommended for final approval:
Planning and Zoning Commission Date b.
Approved:
Mayor, City of Rockwall, Texas Date c.
Approved:
City Engineer Date (12)
Final plats shall be accompanied by plan profile sheets, 22 inches by 36 inches and platted to a scale of 100 feet to one inch horizontal and ten feet to one inch vertical, for each proposed street in the subdivision. These plan profiles shall show the existing ground and the proposed grade at five points of cross section: that is at the centerline, the back of curblines, and the property lines. The plan portion shall show the size and locations of all drainage structures, storm drains, curb inlets, etc., and the direction of flow of all stormwater. Plans shall show all public utilities needed to service the subdivision and should accompany the final plat and be approved by the city zoning commission and be in compliance with the city standards.
(13)
Typical cross sections shall be shown of the type and width of paving proposed for all streets. Curbs and gutters, pavement types and drainage structure design standards of the city, in effect at the time of submission of the plat, shall be used, subject to the approval of the city's engineer and/or city administrator and city council.
(b)
After approval of the plat, a copy of the original shall be furnished to the city, complete with all necessary signatures. All figures and letters shown must be plain, distinct, and sufficient size to be easily read, and must be sufficient density to make a lasting and permanent record.
(c)
When more than one sheet is used for a plat, a key map showing the entire subdivision at smaller scale with block numbers and street names shall be shown on one of the sheets or on a separate sheet of the smaller size.
(d)
The engineer or surveyor responsible for the plat shall place permanent monuments at each corner of the boundary survey of the subdivision and at the centerline intersection point of all streets. These monuments shall be a concrete post, six inches in diameter and two feet long, or other such type of monuments as shall be approved by the city's engineer and/or city administrator. The precise point of intersection is to be indented on the top of the monument. Block corners shall be in reference to these monuments and the bearing and distances of the reference lines filed in written form with the city's engineer and/or city administrator. Tops of monuments shall be set to pavement grade in permanent type pavement, two inches below grade in nonpermanent type pavements and flush with existing ground level in nonpavement areas. Elevations and locations of monuments shall be shown on the final plat.
(e)
Lapse and extension of final plat approval.
(1)
Expiration of final plats. The subdivider or property owner shall record the approved final plat within 180 days of the date of approval by the city council. If the approved final plat has not been recorded within such period, approval of the final plat shall lapse, as well as any preliminary plat or master plat for the same land. Thereafter, the subdivider or property owner shall be required to submit a new master plat or preliminary plat application, as required by this chapter, subject to all zoning and subdivision standards then in effect, for the land subject to the expired final plat.
(2)
Extension and reinstatement procedure.
a.
Thirty days prior to the lapse of approval for a final plat, the property owner may petition the city council to extend or reinstate the approval. Such petition shall be considered at a public meeting of the council.
b.
In determining whether to grant such request, the council shall take into account the reasons for lapse, the ability of the property owner to comply with any conditions attached to the original approval, the extent to which the property owner agrees to abide by newly adopted subdivision regulations, and any changed conditions in the surrounding area which would make an extension undesirable. The council shall extend its approval of the plat, or deny the request.
c.
The council shall not extend the period that a final plat approval is valid to more than one year from the date of its original approval by the council.
d.
At any time following the lapse of approval of a final plat, a property may request, and the council may approve, at its discretion, a reinstatement of such final plat. The council shall reinstate a final plat only when it determines that it would be in the public interest to do so to avoid unnecessary review of a new plat application, and when the pattern of development proposed by the plat would not be to the detriment of any nearby area or the general development of the city.
(3)
Dormant final plats.
a.
A final plat approved after May 11, 2000, and prior to the effective date of the ordinance from which this chapter is derived, that has not been recorded by the effective date of the ordinance from which this chapter is derived, and to which any other expiration provision does not apply, shall expire the later of two years from the date the plat was approved by the city council or at 5:00 p.m. on September 1, 2005, unless the property owner can demonstrate that:
1.
Costs for development of the land subject to the final plat including, but not limited to, costs associated with roadway, utility and other infrastructure facilities designed to serve the land in whole or in part, but exclusive of land acquisition costs, were incurred in the aggregate amount of five percent of the most recent appraised market value of the land subject to the final plat;
2.
Fiscal security was posted after approval of the final plat to ensure performance of an obligation required for all or a part of the land subject to the approved final plat; or
3.
Utility connection fees or impact fees for all or part of the land subject to the approved final plat were paid.
b.
Expiration of a final plat pursuant to this section results in automatic termination of any approved master plat or preliminary plat for the same land.
c.
The city council may grant an extension of the time for expiration of the approved final plat for a period not to exceed one year from the date of approval of the application, provided that a request for extension is made in writing at least 30 days before the final plat expires. Every request for extension shall include a statement of the reasons why the expiration date should be extended. The council may grant a request for an extension taking into account the reasons for the requested extension, the ability of the applicant to comply with any conditions attached to approval of the final plat, whether extension is likely to result in timely completion of the project, and the extent to which any newly adopted regulations should be applied to the proposed subdivision.
(Code 1982, § 24-9; Ord. No. 78-20, § VIII, 8-7-1978; Ord. No. 85-33, § 1, 7-2-1985; Ord. No. 24-9, § 1, 8-7-1985; Ord. No. 03-02, § 1(24-9), 2-3-2003; Ord. No. 04-57, § 1(24-9), 9-20-2004; Ord. No. 04-58, § 1(24-9), 10-11-2004; Ord. No. 05-41 § 4(24-9), 8-23-2005; Ord. No. 06-24, § 3, 6-19-2006)