§ 25A-4. Rules and regulations governing the platting and subdividing of land.

(a)

Procedure and limitation. Any owner of any tract of land situated within the corporate limits of the city or within its extraterritorial jurisdiction who may desire to subdivide same, or any part thereof, shall have a preliminary plat and also a final or record plat made by a registered professional engineer or a registered public land surveyor from an actual survey of the proposed subdivision, conforming to all of the rules and regulations set forth herein, and shall submit same to the city planning and zoning commission for its approval.

(b)

Presubmission conference. Prior to the submission of the preliminary plat, the subdivider shall confer with the city engineering and planning departments on an informal basis to discuss the proposed plat and its conformity to the comprehensive plan and its relationship to surrounding property and streets.

(c)

Preliminary plat.

(1)

Time for filing and copies required: The subdivider shall file fifteen (15) blue or black line copies of the preliminary plat with the department of planning at least fifteen (15) days prior to the date of the commission meeting at which such plat is to be considered.

(2)

Filing fees: Such plat shall be accompanied by a nonrefundable preliminary filing fee of fifty dollars ($50.00) plus one-dollar ($1.00) for each lot included on the plat. No action by the commission shall be valid until the filing fee has been paid.

(3)

Form and content: The plat shall be drawn on standard twenty-four-inch by thirty-six-inch sheets and at a scale of one hundred (100) feet to one (1) inch, or as directed by the city. When more than one (1) sheet is necessary to accommodate the entire area, an index sheet showing the entire subdivision at an appropriate scale shall be attached to the plat. The plat shall show the following:

a.

The outline of the tract the plat is proposed to subdivide with principal dimensions.

b.

The proposed plan of subdivision, showing streets, blocks, lots, alleys, easements, building lines, and parks, with principal dimensions. The preliminary plat shall cover all of the tract intended by the developers or developer to file plats and install improvements for parts of said tract by units. If it is the intent to develop the area by units, the first unit to be developed shall be definitely identified.

c.

The location, width and name of existing streets and any block, lots, alleys, easements, building lines and watercourses or other natural features in the area affected with principal dimensions, and any other significant information on all sides of the subdivision for a distance of not less than two hundred (200) feet.

d.

The names of proposed streets. Such names shall conform to the names of existing streets and shall not duplicate or conflict with the designated name of any other street in the city and within the area subject to these regulations.

e.

The location of existing sewer, water and gas mains, power lines, transmission pipelines, oil and gas wells, tank batteries, pump stations, and other public or private utilities.

f.

Proposed general plan for storm sewer water drainage sufficiently detailed to indicate the location of drainage ditches or structures, the direction of flow, and the proposed improvements to existing natural drainage channels within or abutting the area being platted.

g.

The name of the proposed subdivision, north point, scale and date.

h.

The name of the owner or owners and the engineer or surveyor.

i.

Vicinity sketch or key map at a scale of not more than eight hundred (800) feet to the inch which shall show all existing subdivisions, streets and tracts of acreage in the area and the general drainage plan, ultimate destination of water and possible sewer connections by arrows.

j.

Typical cross section of proposed street improvements and water and sewer installations where required.

k.

Metes and bounds or lot and block description of the entire tract, and total acreage of the area being platted.

l.

Contours as required by the city engineer based on U.S. Coast and Geodetic Survey mean sea level elevations, and approximate flood hazard lines delineating the limits of the floodplain on the unimproved property which have been determined by a registered professional engineer.

m.

Certificate from a competent attorney setting forth the title and ownership of the land as shown by the survey and correct legal description. Reliable abstract company title certificate and title policy setting forth the same information may be accepted in lieu thereof.

(4)

Processing of preliminary plat.

a.

The department of planning shall check the preliminary plat as to its conformity with the standards and specifications set forth herein or referred to herein.

b.

All proposed preliminary plats and subdivisions of land within the city and its extraterritorial jurisdiction shall be submitted by the developer to the department of planning for referral review and comment by the various governmental departments and appropriate utility companies.

c.

The department of planning shall send the preliminary plat and accompanying data to the planning and zoning commission with its recommendations as to modifications, additions or alterations of such plat data.

d.

On receipt of the preliminary plat and other information required by this chapter, the planning and zoning commission shall take the following action within thirty (30) days from the date of the filing of such plat:

1.

Approval.

2.

Disapproval.

3.

Conditional approval. Conditional approval shall be considered to be approval of a plat or replat subject to conformity with prescribed conditions but shall be deemed to be disapproval of such plat or replat until such conditions are complied with. All objections made to the preliminary plat, or conditions imposed, shall be furnished by the city planner to the subdivider in writing.

e.

If such plat be not disapproved within thirty (30) days from the filing date, it shall be deemed to have been approved by the planning and zoning commission.

f.

When a preliminary plat has been approved by the commission, the subdivider may thereafter file plans and specifications, as per subsection (d) of this section, for the unit or units intended for immediate development.

g.

Approval of a preliminary plat shall expire at the end of one (1) year if a final plat has not been submitted for all or a portion of the subdivision. The planning and zoning commission may, upon the application of the subdivider, extend the approval for an additional six (6) months.

h.

Approval of a preliminary plat by the planning and zoning commission shall be deemed an expression of approval of the layout submitted on the preliminary plat as a guide to the installation of streets, water, sewer and other required improvements and utilities and to the preparation of the final or recorded plats.

i.

Approval of the preliminary plat may not be considered as approval of the final plat.

(5)

Exceptions. The preceding requirements for the preliminary plat and filing fee in this subsection are waived if the following criteria are met:

a.

The subdivision is actually a resubdivision of lots previously platted and filed of record in plat records, Harrison County, Texas; or all proposed lots of the subdivision abut upon an existing street of adequate width such that no additional right-of-way is required; and in either case, no construction of public streets, alleys, storm sewers, sanitary sewers or water mains is required within or for extension to the subdivision;

b.

The developer first secures written permission from the city engineer to waive the preliminary plat and proceed directly to the final plat procedure.

(d)

Plans for Required Improvements. When a preliminary plat of a subdivision has been approved by the planning and zoning commission, the developer may submit to the city engineer, or his duly authorized agent, plans and specifications prepared by a registered professional engineer for all improvements pertinent to said subdivision. These shall include but are not limited to such features as roadways, cross sections and longitudinal slope for drainage, full description of proposed pavement or street improvement, its grade and slopes, dimensions and specifications concerning public utilities to be installed showing proposed position on the ground, specifications of materials and construction, plan-profile maps of all sanitary and storm sewers showing both ground surface and flow line, and any other pertinent information required by the city engineer. The city engineer shall approve same if they conform to the requirements of this chapter, or disapprove same giving his reasons therefor in writing to the subdivider. Thereafter when the subdivider has met the objections, if any, the city engineer shall sign the plans and specifications and forthwith deliver same to the subdivider, his agent or his engineer.

(e)

Final Plat.

(1)

Time for filing and copies required. A final plat shall be prepared and submitted after ordered changes or alterations, if any, in the preliminary plat have been made and after all survey work on the ground has been completed. No final plat will be approved by the commission unless a preliminary plat has been approved or formally waived in accordance with subsection (c)(5). The subdivider shall file a written request for consideration along with fifteen (15) blue or black line copies of the final plat with the department of planning at least fifteen (15) days prior to the date of the commission meeting at which such plat is to be considered. The original on mylar, a sepia (to be retained by the city) and four (4) prints shall be submitted with ordered changes at least one (1) day prior to the commission meeting at which it is to be considered.

(2)

Filing fees: Such plat shall be accompanied by a nonrefundable final filing fee of one hundred dollars ($100.00). No action by the commission shall be valid until the filing fee has been paid.

(3)

Form and content. The plat shall be drawn on standard twenty-four-inch by thirty-six-inch sheets and at a scale of one hundred (100) feet to one (1) inch, or as directed by the city. Also one (1) copy shall be drawn to a scale of five hundred (500) feet to one (1) inch and one (1) copy drawn to a scale of one thousand (1,000) feet to one (1) inch. When more than one (1) sheet is necessary to accommodate the entire area, an index sheet showing the entire subdivision at an appropriate scale shall be attached to the plat. The plat shall show the following:

a.

The title or name by which the subdivision is to be identified, north point, the scale of the map, the date, and the name of the Texas state registered professional engineer, licensed land surveyor, or registered public surveyor responsible.

b.

A definite legal description and identification of the tract being subdivided. This description shall be sufficient for the requirements of title examination. The plat shall be a descriptive diagram drawn to scale.

c.

The boundaries of the subdivided property, the location or designation of all streets, alleys, parks, easements and other areas intended to be dedicated or deeded to the public use, with proper dimensions. The boundaries of the subdivision shall be indicated by a heavy line and shall be tied by dimension to the established center line of all existing boundary streets.

d.

The names of adjoining subdivisions, the lines of abutting lots, lot and block numbers, and all streets, easements, and principal lines, survey lines and corners and landmarks in the territory contiguous to and within two hundred (200) feet of the proposed subdivision shall be accurately tied to the lines of the subdivision by distances and bearings or angles. If adjoining property is unplatted, the name of the owner of record shall be designated.

e.

All lot, block and street boundary lines, with block numbers as designated by the city planning department and lots numbered consecutively. Building lines and easements shall be shown and shall be defined by dimension. The minimum finished floor elevations (for designated flood hazard areas) shall be superimposed on each lot. The actual width of all streets shall be shown, measured at right angles or radially, where curved. All principal lines shall have the bearing given, and any deviations from the norm shall be indicated.

f.

Accurate dimensions, both linear and angular, of all items on the plat; the boundary survey on the site shall close within one in ten thousand (1:10,000). Linear dimensions may be expressed in feet and decimals of a foot; angular dimensions may be shown by bearings. Curved boundaries shall be fully described and all essential information given, circular curves shall be defined by actual length of radius and not by degree of curvature.

g.

The location of all lot and block corners and permanent survey reference monuments with a descriptive legend.

h.

A certificate, shown in Attachment A, of ownership of all land embraced in the subdivision and dedication of all streets, alleys, easements and public areas.

i.

A certificate, shown in Attachment B of the registered professional engineer or registered public land surveyor who surveyed, mapped and monumented the land, which certificate shall be sworn to before a notary public, and certifying that the plat is true and correct and in accordance with the determination of surveys actually made on the ground. The certificate should show whether or not the tract is within two (2) miles of the city limits, measured in a straight line from the nearest points in the city limits, unless the information is shown in suitable manner elsewhere on the face of the plat.

j.

The following statement to be signed by a representative of each of the public utilities: "The easements as shown herein are adequate to meet the needs of this development.

k.

A place for the signature of the chairman of the planning and zoning commission and for the date.

l.

When a septic system is proposed for the development, the following statement shall be shown on the plat: "I (appropriate health department official) do hereby certify that all soil within this subdivision is suitable, when installed in accordance with State of Texas and City of Marshall specifications, for a septic system."

m.

A statement, shown in Attachment C, acknowledging the existence of floodplains on the property, and dedicating a floodway easement. If no floodplains exist, a statement to that effect should be on the plat.

(4)

Guarantee of performance. Prerequisite to final plat approval by the city planning and zoning commission, the following requirements shall be met:

a.

All plans for construction of sewer, water, storm drainage and paving shall be approved by the city engineer. These plans shall include a signed statement signifying the developer's agreement to complete all improvements shown thereon, and a construction agreement (as shown in Attachment D) shall be executed.

b.

Letters of consent to the platting and improvements shall be submitted by all lienholders and other parties having rightful claim of ownership or easement to the property.

c.

If easements are needed outside of the plat boundaries, the executed dedication instruments shall be submitted prior to final plat approval.

d.

The subdivider shall file security prior to final plat approval by one of the following methods:

1.

Performance bond. Filing with the city engineer a bond executed by a surety company holding a license to do business in the State of Texas and acceptable to the city, in an amount equal to the cost of the improvements required by this chapter and within the time for completion of the improvements as estimated by the city engineer. The performance bond shall be approved as to form and legality by the city attorney.

2.

Trust agreement. Placing on deposit in a bank or trust company in the name of the city, in a trust account, a sum of money equal to the estimated cost of all site improvements required by this chapter, the cost and time of completion as approved by the city engineer. Selection of the trustee shall be executed on the form approved as to form and legality by the city attorney. Periodic withdrawals may be made from the trust account for a progressive payment of installation cost. The amounts of such withdrawals shall be based upon progress work estimates and approved by the city engineer. All such withdrawals shall be approved by the trustee.

3.

Letter of credit. Filing with the city engineer a letter, on a form approved by the city attorney, signed by the principal officer of a local bank or local federally insured savings and loan association or other financial institution, acceptable to the City agreeing to pay the City on demand a stipulated sum of money to apply to the estimated cost of installation of all improvements for which the subdivider or developer is responsible under this chapter. The guaranteed payment sum shall be estimated costs and scheduling as approved by the city engineer. The letter shall state name of the subdivisions and shall list the improvements for which the subdivider or developer is required to provide.

e.

Certificate from a competent attorney setting forth the title and ownership of the land as shown by the survey and correct legal description. Reliable abstract company title certificate and title policy setting forth the same information may be accepted in lieu thereof.

(5)

Processing of final plat.

a.

The department of planning shall check the final plat as to its conformity with the standards and specifications set forth herein or referred to herein.

b.

All proposed final plats and subdivisions of land within the city and its extraterritorial jurisdiction shall be submitted by the developer to the department of planning for referral review and comment by the various governmental departments and appropriate utility companies.

c.

The department of planning shall send the final plat and accompanying data to the planning and zoning commission with its recommendations as to modifications, additions or alterations of such plat data.

d.

On receipt of the final plat and other information required by this chapter, the planning and zoning commission shall take the following action within thirty (30) days from the date of the filing of such plat:

(1)

Approval.

(2)

Disapproval.

(3)

Conditional approval. Conditional approval shall be considered to be approval of a plat or replat subject to conformity with prescribed conditions but shall be deemed to be disapproval of such plat or replat until such conditions are complied with. All objections made to the final plat, or conditions imposed, shall be furnished by the city planner to the subdivider in writing.

e.

Following approval of the final plat by the planning and zoning commission, the chairman of the city planning commission shall sign and date the plat. The city planner shall then file the approved final plat with the county clerk of Harrison County. Recording information shall be placed on the original and all copies. The original mylar shall then be returned to the owner.

(Ord. No. O-78-24, § 4, 10-4-78; Ord. No. O-02-17, §§ 5a, b, 4-25-2002)