§ 11-2-3. Platting procedures.
(A)
General.
1.
General application requirements for all plats. The following requirements shall be met in the submittal of an application for plat review or approval, whether sketch plat, preliminary plat, final plat, replat, amending plat or plat vacation, except as specified herein:
(a)
Title block in the lower righthand corner of each plat which indicates:
(1)
The proposed subdivision name.
(2)
The owner's name, address and phone number.
(3)
The name and address of the individual or firm preparing the plat.
(4)
The name of a contact person with address and phone number, except for final plats.
(b)
A locator map.
(c)
North direction clearly indicated to the top or right of the drawing, theta angle for the permanent survey monument on the plat boundary nearest the City survey control monument (not required on sketch plat), graphic scale, and last revision date.
(d)
Names of adjacent subdivisions or additions or the names of record owners of adjoining parcels of unplatted land.
2.
Fees, application forms and procedures. The Council shall establish a schedule of fees as it determines appropriate to recoup costs related to the administration of this Chapter. The director shall establish procedures, forms and standards with regard to the content, format and number of copies of information constituting an application for a sketch plat, preliminary plat, replat, vacation of plat or final plat.
(B)
Official submission date. For the purpose of this Chapter, the date on which an application for approval of a final plat that contains all required elements mandated by V.T.C.A., Local Government Code § 212.004(b), and the elements required by Section 11-2-3(A) and (H) is first filed shall constitute the official submission date for the plat, after which the statutory period required for approval or disapproval of the plat shall commence to run.
(C)
Sketch plat.
1.
Purpose. The purpose of the sketch plat is to allow the City staff to review and comment on a general plan for the development of property, including the layout of streets, lots, open space, sites for public facilities and utilities.
2.
Application procedure and requirements.
(a)
Pre-application conference. Before preparing the sketch plat, the applicant may schedule an appointment and meet with the director or his designee to discuss the procedures for approval of the plat and the requirements or recommendations as to general layout of streets and/or reservations of land, street improvements, drainage, sewerage, fire protection, and similar matters, as well as the availability of existing services.
(b)
General application requirements. At least 12 days prior to submitting a preliminary plat, the owner shall file an application and a sketch plat with the planning division. The sketch plat shall be drawn to a scale no smaller than 1:2,500 (1″ = 200′) and shall contain the following information in addition to those items described in Section 11-2-3(A):
(1)
The location, width, and names of all existing or platted streets or other public ways within or adjacent to the tract, existing permanent buildings, railroad rights-of-way, and topography with existing drainage channels, and other important features. The location map should include an area not less than 1.5 kilometers (1.0 mile) beyond the plat boundary or such greater area as necessary to show the relationship of the proposed subdivision to existing community facilities which serve or influence it. The subdivision name and location, main traffic arteries, elementary and secondary schools and parks and playgrounds should be included.
(2)
Tract lines and record owners of all unplatted land immediately adjoining the proposed subdivision within a distance of 100 meters (330 feet) thereof.
(3)
The layout, names and widths of proposed collector streets and intersections, and a general configuration and widths of proposed streets, alleys and easements. Off-site rights-of-way and easements within 100 meters (330 feet) of the plat boundary shall be included if expected to have an effect on the proposed plat.
(4)
A general arrangement of land uses, including but not limited to park and school sites; municipal facilities; private open space; floodplains, drainageways, and drainage basins within 100 meters (330 feet) of the plat boundary; phasing plan; and proposed nonresidential and residential uses and densities.
(5)
The location of any proposed screening walls and/or other forms of screening.
(6)
The layout and number of one-family and two-family lots, typical lot width and depth, net area of each apartment or business area, playgrounds, park areas and public areas.
(7)
Existing contours of the tract in intervals of 0.60 meter (2 feet) or less, referred to National Geodetic Vertical Datum of 1929. Contour information may be shown as supplied by the City engineer, if available, or shall be furnished by a registered surveyor.
(8)
Existing sewers, water mains, culverts, or other underground structures within the tract and immediately adjacent thereto, with pipe sizes and locations indicated.
(D)
Preliminary plat.
1.
Purpose. The purpose of the preliminary plat is to allow the commission to evaluate the proposed plat for conformity with this Chapter and other applicable provisions of this Code and with the comprehensive plan and to evaluate related public improvement plans.
2.
Applicability. A preliminary plat shall be required for all subdivisions of property and the recording of single lots within the City, except as provided by Sections 11-2-1(E) and 11-2-3(I).
3.
Pre-application conference. Before preparing the preliminary plat, the applicant may request that the director schedule a conference with those departments affected by the proposed plat, to discuss the results of the staff's sketch plat review. The director will schedule the conference to follow the 12-day period allowed for review of the sketch plat and will invite representatives of the departments of utilities, community services and others, as applicable, to meet with the applicant.
4.
General application requirement. On forms approved by the City, the applicant shall file for approval of a preliminary plat. The plat shall include a drawing of the boundary description which has been prepared by a registered surveyor and shall bear his seal, signature and date on each sheet and a statement that the boundary description shown thereon accurately describes the survey of the tract boundary conducted by said surveyor. The payment of all applicable fees shall be required at the time of submission. The proposed preliminary plat shall conform to the following standards and shall contain the following information in addition to the requirements specified in Section 11-2-3(A):
(a)
Application form provided by the office of the director.
(b)
The plat shall be clearly and legibly drawn to a scale of 1:2,500 (1″ = 200′) or such larger scale as may be required by the director or commission.
(c)
Proposed use of lots and restrictive covenants, if any common area is proposed.
(d)
Contours with intervals of 0.30 meter (1 foot) referred to National Geodetic Vertical Datum of 1929, as required for a sketch plat. Contours, including benchmark references, shall be determined from the benchmark elevation given by the City engineer, if available. The location and elevation of the reference benchmark shall be specified on the plat.
(e)
Location of existing utilities, drainage channels, power poles and such other significant items which may affect general development of the property.
(f)
All parcels and easements to be dedicated to public use, including off-site dedications within 100 meters (330 feet) of the plat boundary.
(g)
Layout, names and widths of streets with curve data, alleys and easements.
(h)
Layout, numbers and approximate dimensions of lots and blocks.
(i)
Tract lines and record owners of all unplatted land immediately adjoining the proposed subdivision within a distance of 100 meters (330 feet) thereof.
(j)
Existing improvements located within or near the boundary of the tract(s) to be subdivided.
(k)
Boundaries and existing features required on final plats shall be shown and described by a registered surveyor based on a survey on the ground and certified by him.
(l)
A drainage plan in the form and containing the elements specified by the City of Midland storm drainage design manual.
(m)
Proposed water, sanitary sewer and storm sewer pipelines with culverts, bridges, and other appurtenances or structures shown.
(n)
Stormwater retention or detention basins as required.
(o)
Phases of development and schedule of phasing.
5.
Public improvements installed prior to final plat. If the developer intends to install public improvements in the subdivision prior to approval of the final plat, the preliminary plat shall contain the engineering plat data required for final plats by Section 11-2-3(H)3(b) except items (1) and (8) thereof.
6.
Filing.
(a)
The developer, at least 12 days prior to the date of any regular meeting of the commission at which consideration is desired, shall file the preliminary plat and application for approval with the commission. The preliminary plat shall be considered officially filed only when it has been received in the office of the director in full compliance with the provisions of this subsection (D). The following notice shall be stamped on the face of each preliminary plat: "Preliminary Plat—for review purposes only."
(b)
Filing fee. A filing fee shall accompany each preliminary plat when submitted. Said fee shall be for the purpose of defraying, in whole or in part, the cost of review of said plat, and no refund shall be made.
7.
Review by director. The director, following determination that the application is complete, shall transmit copies of the plat to the director of utilities and the Texas Department of Transportation when the land to be subdivided abuts a state or state-maintained highway. The director shall review the plat for conformance with the requirements of this Chapter and shall make recommendations to the commission for approval, conditional approval or disapproval of the preliminary plat. The director also shall report the applicable comments and recommendations of other agencies to the commission.
8.
Standards for approval. No preliminary plat shall be approved by the commission or by the Council unless the following standards have been met:
(a)
A preliminary drainage plan has been approved by the City engineer. The city engineer may approve a preliminary drainage plan which does not include information in sufficient detail to determine whether public street, alley and drainage improvement plans which will be submitted later will conform to all usual standards, but the lack of such detailed information shall result in approval of the preliminary plat being conditioned as described in paragraph 13 below, whether such condition is or is not explicit in the commission or Council's action.
(b)
The plat conforms to applicable zoning and other regulations.
(c)
The plat meets all other requirements of these regulations, subject to approval of variances.
9.
Plats requiring zoning district changes. A preliminary plat which is dependent, for conformance with this Chapter or the comprehensive plan, upon changes in existing zoning districts may be considered by the commission concurrently with its consideration of such zoning district changes. If the commission makes a recommendation to the Council that the needed zoning district changes be approved, it may then consider and approve the preliminary plat, conditioned upon later zoning approval by the Council. Following conditional approval by the commission, if the preliminary plat is one that requires Council approval, it shall be forwarded for Council consideration along with the needed zoning district changes. If the commission recommends that the needed zoning district changes be disapproved, the commission shall disapprove the preliminary plat, citing as its basis the lack of conformity of the proposed plat to the existing zoning districts and this Chapter, and the plat shall not be further considered unless the Council subsequently approves the needed zoning district changes. In the event of such subsequent zoning approval within a period of 90 days following the commission's disapproval of the proposed plat, the developer shall be entitled to file the preliminary plat for reconsideration by the commission, and no additional plat review fee shall be charged for the refiling.
10.
Action by the commission. Upon receipt of the preliminary plat and other information from the director together with his recommendations, the commission shall render a decision within 30 days from the date the plat was properly filed with the director. The commission may approve, disapprove or conditionally approve the preliminary plat. If approval by the Council is required pursuant to Section 11-2-3(D)11, approval by the commission shall be considered a recommendation to the Council and shall be subject to the Council's concurrence, modification or disapproval.
11.
Approval by the Council.
(a)
Approval by the Council shall be required prior to consideration of a final plat by the commission for any preliminary plat which:
(1)
Is ten hectares (25 acres) or more in area and involves any request for a variance from the regulations of this Chapter;
(2)
Includes any new street or continuation of an existing street which connects two arterial streets;
(3)
Involves a request for a variance from any of the subdivision design standards affecting any arterial street;
(4)
Does not provide an alley abutting or connected by pedestrian access easement to each lot zoned for four dwelling units or less;
(5)
Includes any proposed private street or alley or other area of common ownership;
(6)
Is ten hectares (25 acres) or more in area and is located in any survey section (approximately one square mile) which does not contain a publicly owned site or sites intended for both a public school and park, or public site reservation therefor;
(7)
Involves any other matter cited in this Chapter as requiring Council approval;
(8)
Involves any matter of such policy significance that the commission determines that said plat should be considered by the Council; or
(9)
Includes any potentially significant problem, in its form as approved by the commission, that the City manager determines, upon the recommendation of any department head of the City, should be considered by the Council.
(b)
The preliminary plat, together with the recommendation of the commission, shall be submitted, by the director, to the Council for its consideration where required, within 30 days after approval by the commission or following the filing of a revised preliminary plat, conforming to all conditions of approval by the commission.
(c)
The Council shall act on the preliminary plat and recommendation of the commission within 20 days after receipt from the director unless such time is extended by agreement with the property owner.
(d)
The Council shall review the recommendation of the commission and determine whether to approve, conditionally approve or disapprove the preliminary plat.
12.
Recording action taken. When the preliminary plat has been approved, conditionally approved, or disapproved, the director or his designee shall notify the property owner in writing. All objections made to the preliminary plat, or conditions imposed, shall be furnished to the property owner in writing. When a preliminary plat has been approved, the director shall stamp a copy of said plat as approved and affix his signature and date of approval thereto, together with a statement of the conditions of approval, if any, and retain the plat for the City's records.
13.
Effect of approval.
(a)
Approval of a preliminary plat shall be considered to be approval of the general arrangement of lots, streets and alleys and the widths of streets and alleys but is conditional and shall not be considered to be final acceptance of the subdivision or approval that all dimensions, notations and other matters of detail appropriate to a final plat are sufficient. Approval shall also be subject to approval of public improvement plans by the City engineer, and matters such as the locations, alignments, and widths of streets, alleys and easements are subject to the possible need for changes if public improvement plans as submitted by the developer do not conform to the usual standards for such facilities. If any plat is disapproved by the commission or Council, such disapproval shall be deemed a refusal by the City of the offered dedications shown thereon.
(b)
Approval of a preliminary plat by the commission, and completion of a development agreement, if applicable, constitutes authorization for the City engineer to release public improvement plans subject to his final approval and for the property owner to commence grading of the site and construction of such public improvements as he desires. Approval of a preliminary plat also authorizes the property owner, upon fulfillment of all requirements and conditions of approval, to submit an application for final plat approval. Upon release of the public improvement plans, the City engineer shall issue a certificate indicating the said plans have been released and construction of the improvement is thereafter authorized. Additional certificates may be issued by the City engineer authorizing the construction of private utilities on a phased schedule. The certificate shall read as follows: "The preliminary plat for (insert name of the subdivision or addition) as approved by the City of Midland (Planning Commission) (Council) [insert whichever body is applicable] on (insert date of approval) is authorized for the construction of public improvements as approved by the City engineer. A final plat shall be approved by the planning commission upon the completion of all public improvements or the provision of a subdivision improvement agreement and a public improvements guarantee as required and submission of a final plat in compliance with Section 11-2-3(G) and (H) of the Midland City Code, as amended."
14.
Lapse of preliminary plat approval. The applicant shall submit a final plat to the City for the entire area for which a preliminary plat has been approved, or, if the subdivision is to be developed in phases, the first of a series of final plats, each covering a portion of the approved preliminary plat, within six months of the date of approval or conditional approval of the preliminary plat. Each time the applicant submits a final plat of one phase of the development, conforming to the approved preliminary plat, and said final plat is approved, the approval of the preliminary plat shall be extended for a period of one year from the date of approval of said final plat. If the property owner fails to submit an initial or additional final plat application within such period, the preliminary plat shall lapse, and all further proceedings concerning the subdivision shall terminate. The applicant shall be required to submit a new sketch plat or preliminary plat, as required by this Chapter, subject to all zoning and subdivision standards then in effect.
(E)
Amendments to preliminary plat.
1.
At any time following the approval of a preliminary plat, and before the lapse of such approval, a property owner may request approval of an amendment.
2.
The commission shall approve, conditionally approve or disapprove any proposed amendment and may make any modifications in the terms and conditions of preliminary plat approval reasonably related to the proposed amendment.
3.
If the applicant is unwilling to accept the proposed amendment under the terms and conditions required by the commission, the applicant may withdraw the proposed amendment.
(F)
Extension and reinstatement procedure.
1.
Sixty days prior to the lapse of approval for a preliminary plat, the property owner may petition the commission to extend or reinstate the approval. Such petition shall be considered at a public meeting of the commission.
2.
In determining whether to grant such request, the commission 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 commission shall extend its approval of the plat, or deny the request. In the event the commission denies extension of the preliminary plat, the property owner must submit a new application for approval.
3.
The commission may specify a shorter time for lapse of the extended plat than is applicable to original approvals, but shall not extend the period that a preliminary plat approval is valid to more than two years from the date of original approval.
4.
At any time following the lapse of approval of a preliminary plat, a developer may request, and the commission may approve, at its discretion, a reinstatement of such preliminary plat for the purpose of considering and approving a final plat for all or a portion of the area covered by the preliminary plat. The commission shall reinstate a preliminary plat only when it determines that it would be in the public interest to do so to avoid unnecessary review of a new sketch plat, if applicable, and preliminary plat, 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. The commission may establish such conditions on reinstatement as are necessary to ensure that the reinstated plat conforms to the City's comprehensive plan, Chapter 1 of Title XI of the Midland City Code, as amended, and provisions of this Chapter, including plans or policies referenced herein, which may have been amended since the original approval of the lapsed preliminary plat.
(G)
Public improvements.
1.
Timing of public improvements. Except as provided otherwise herein, all street, alley, water, sanitary or storm sewer, and other public improvements, as well as lot improvements on the individual lots of the subdivision or addition as required in these regulations, for subdivisions within the City or within 1.5 kilometers (0.93 miles) thereof, shall be installed as required by the public improvement plans, prepared in accordance with Section 11-2-4, offered for dedication and accepted by the City prior to final plat approval. The required improvements shall be those specified and approved by the City in the public improvement plans. As used in this Section, "lot improvements" refers to grading and installation of improvements required for proper drainage and prevention of soil erosion.
2.
Request for deferral of improvements. The developer may request that subdivision improvements be installed, offered for dedication and accepted by the City following final plat approval. If the City agrees, the developer shall be required to execute a subdivision development agreement and provide security as required by Section 11-2-4. The developer shall include a schedule of phasing and construction for the development agreement.
(H)
Final plat.
1.
Purpose. The purpose of a final plat is to record the subdivision of property, including but not limited to the accurate description of blocks, rights-of-way, easements, building lines and street names and other property restrictions.
2.
Applicability. A final plat shall be required for all subdivisions of property and the recording of single lots within the City, except as otherwise provided in Section 11-2-1(E). A final plat shall require approval by the commission.
3.
General application requirements. The final plat shall contain all of the information required for plats, as specified in Section 11-2-3(A). In addition, the application shall be accompanied by the following:
(a)
If a final plat approval is required by the county, such plat shall be signed by an authorized county official prior to filing of the application with the City.
(b)
Copies of the proposed final plat, clearly and legibly drawn on one or more sheets of mylar or other comparable material with a minimum dimension of 40 centimeters (16 inches) to a scale of 1:1,200 (1″ = 100′) or such larger scale as required by the director or commission. The plat shall have a minimum letter size of 0.20 centimeter (0.08 inch). The density of inking shall be sufficient to insure legible reproduction of the entire plat. The plat shall contain the following:
(1)
Language stating: "Notice: Selling a portion of this addition by metes and bounds may be a violation of City ordinance and state law and subject to fines and withholding of utilities and building permits."
(2)
The boundary lines with accurate distances and courses and the exact location and width of all existing or recorded streets, blocks, lots, alleys, easements or other rights-of-way, watercourses, and other important features within or adjacent to the boundaries of the tract and within 60 meters (200 feet) thereof. Lines or indications outside the plat boundary shall be dashed lines. The boundary of the tract or tracts the plat is proposed to subdivide shall be shown with distinctly heavier lines than other lines on the plat (solid if tract boundaries, dashed within continuous rights-of-way).
(3)
If the subdivision is within 1.5 kilometer (1 mile) of an existing city survey control monument, at least two corner points on the subdivision boundary shall be tied by grid bearing and grid distance to a city survey control monument and shown on the plat. Two additional corner points on the opposite side of any subdivision greater than 16 hectares (40 acres) in area shall be tied to a city survey control monument. These boundary corner points shall be described by theta angle and combination sea level and mapping grid factor, relative to the U.S. Coast and Geodetic Survey NAD 83 Plane Coordinate System. If the subdivision is not within one mile of an existing city survey control monument, the subdivision boundary ties shall be to the nearest established street intersection and to a permanent survey monument (PSM) accepted by the City engineer as a known point for survey reference. The location and description of each PSM required by Section 11-2-5(A) shall be shown on the final plat. Those PSMs which are not required to be in place prior to filing of the final plat with the director for consideration shall be depicted as proposed monuments.
(4)
The location and elevation of each benchmark required by Section 11-2-5(A) and the vertical datum used to establish the elevation of each benchmark.
(5)
Course and distance of all street centerlines, including curve data comprised of the central angle, tangent length, arc length, chord length, and chord bearing or azimuth. This data may be shown adjacent to each curve or compiled in a curve table on the plat.
(6)
The exact layout of all plat features, including (i) street names; (ii) length of all arcs, radii, internal angles, points of curvature, length, and bearings of the tangents; (iii) locations and dimensions of all easements for rights-of-way provided for public services or utilities, including guying easements, and any limitations of the easements; and (iv) all lot and block numbers and lines with accurate dimensions in meters (feet), and hundredths of meters (feet). The courses, either in bearing or azimuth form, of all lot lines shall be shown either adjacent to the lot line or in a line table on the plat. Curve data shall be presented for all curves including returns at block corners and length, arc length, chord length, and chord bearing or azimuth. This data may be shown adjacent to each curve or compiled in a curve table on the plat.
Cul-de-sac turnarounds shall have curve data shown on the plat. The radius point of such turnarounds must be shown on the plat and course and distance shown to the right-of-way lines.
Where a street or other public right-of-way lies along a boundary of the plat and the property on the opposite side of said right-of-way is located within a platted subdivision, the plat survey shall certify the total width of the right-of-way, including any additional dedication being made by the plat, and the property corners along the opposite side of the right-of-way and the minimum dimensions across said right-of-way shall be shown on the plat.
(7)
The accurate outline of all property being offered for dedication for public use with the purpose indicated thereon, including off-site dedications within 100 meters (330 feet) of the plat boundary, and of all property that may be reserved by deed covenant for the common use of the property owners in the subdivision or addition.
(8)
Special restrictions including, but not limited to, drainage, fire lanes, screening, standard notes for floodway, if applicable, and other standard notes for plats, including boundaries and notes required for special flood hazard areas, as specified by Section 11-2-5(D)6, where applicable.
(9)
Certification by a registered surveyor to the effect that the plat represents a survey made by him or under his supervision and that all the monuments shown thereon have been placed under his direction, and that their location, size, and material description are correctly shown, and that the survey correctly shows the locations of all visible easements and rights-of-way and all rights-of-way, easements and other matters of record affecting the property being platted.
(10)
Plat boundary survey closure and subdivision area calculation.
(11)
The volume and page or filing references of recorded instruments in the county records of each existing public dedication and public and private easement which encumbers the area of the plat.
(c)
Additional documents necessary for dedication or conveyance of easements or rights-of-way, as required by the City. The City may, in some instances, require the conveyance of fee simple title for certain rights-of-way. Except as otherwise provided in this Chapter, the developer shall be responsible for securing and submitting, in proper form, with the plat, all dedication instruments needed in conjunction with the plat, but located outside the plat boundary.
(d)
Formal irrevocable offers of dedication to the public of all streets, local government uses, utilities, and easements either in the form specified herein on the plat or, if separate, in a form approved by the City attorney.
(e)
A copy of an owner's policy of title insurance, a commitment for issuance of a title policy, or a title opinion prepared by a member in good standing of the Texas Bar Association. Said title policy, title commitment, or title opinion must have been issued and dated not earlier than 90 days prior to the date the final plat is considered by the City and identify all record owners and lienholders of the property covered by the final plat as of the date of issuance.
(f)
The development agreement and security, if required, in a form satisfactory to the City attorney, and in an amount established by the commission upon recommendation of the City engineer, as provided in Section 11-2-4, and shall include a provision that the property owner shall comply with all the terms of the final plat approval as determined by the commission.
(g)
A plat application fee in an amount as set by the Council.
(h)
The final plat shall also be supplied in digital form either as a DOS Auto Cad ".dxf" or ".dwg" file or as a DOS ASCII text file. A ".dxf" or ".dwg" file shall contain the plat boundary and all lots within the subdivision. If an ASCII text file is supplied, it shall contain the point numbers and coordinates for all lots, radius points, and boundary points for the subdivision, together with a point drawing which shall supply the location of all points and their respective numbers. Alternatively, the developer may choose not to submit a digital file and shall instead pay a fee which will be established in the schedule of platting fees for conversion of the plans to digital form by the City.
(i)
Construction record drawings prepared by the property owner's engineer, if public improvements have been completed, as required by Section 11-2-4(C)2.
(j)
A written application for final approval and authorization for the City secretary to file the plat with the county clerk for recording. The application shall also authorize the filing of the associated documents which are approved by the commission and shall authorize the City to reproduce from the plat, at the expense of the applicant, two film positives, ten direct prints for city record files, and one direct print for each utility company franchised to provide service within the City, after final approval.
(k)
Tax certificates showing that no taxes are delinquent against the land being platted.
(l)
Restrictive covenants which require approval by the planning and zoning commission.
(m)
Certificates to be placed on plat as applicable:
(1)
Owner's certificate (to be placed on plat), which must be acknowledged by the owner(s) of the property in the same manner as deeds as required by V.T.C.A., Property Code § 12.001, as amended. Acknowledgments may be modified to reflect the type of individual or entity who has an ownership interest in the property and the capacity in which a person is signing, e.g., partner, officer of corporation, etc. A separate acknowledgment should be made for each person signing. A separate acknowledgment need not be done for the same person signing in various capacities (i.e., both individually and as a corporate officer) if the signature block and acknowledgment indicate all capacities in which the person is signing.
OWNER'S CERTIFICATE
STATE OF TEXAS
COUNTY OF MIDLANDWHEREAS, ___________ is/are the record owner(s) of a tract of land situated in the ___________ Survey, County of Midland, and more particularly described (as follows:) (hereon.) [use whichever applies]
BEGINNING … (if applicable)
NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS:
That ___________ do(es) hereby adopt this plat designating the hereinabove described property as ___________, an addition to the City of Midland, Texas, and, hereby dedicate to the public use forever the streets, alleys and easements (and parks) (and parkways) (and drainage basins) [include all that apply] shown thereon.
WITNESS our hands at (City, State), this the _____ day of _______, 19___. (Include a separate statement for each location or date of signature.)
_____
_____
(Print or Type Name Here)*If applicable.
ACKNOWLEDGMENT
STATE OF TEXAS
COUNTY OFThis plat was acknowledged before me on (DATE) by (NAME OF OWNERS SIGNING ABOVE) .
(Notary Seal) _____
Notary Public, State of Texas(2)
Surveyor's certificate.
SURVEYOR'S CERTIFICATE
KNOW ALL MEN BY THESE PRESENTS:
That I, ___________, a Registered Professional Land Surveyor, do hereby certify that I prepared this plat from an actual and accurate survey of the land and that the corner monuments shown thereon were properly placed under my personal supervision, in accordance with the Subdivision Regulations of the City of Midland, Texas.
_____
(Print or Type Name Here)
Registration Number _____(3)
Certificate of approval by the City planning and zoning commission (to be placed on plat).
CERTIFICATE OF APPROVAL
For approval by the commission:
This is to certify that the above and foregoing plat of ___________ Addition was approved by proper action of the City Planning and Zoning Commission of the City of Midland, Texas on this _____ day of _______, 19___.
Signed: _____
(Print or Type Name Here), ChairmanAttest: _____
(Print or Type Name Here), SecretaryFor approval by the Director:
This is to certify that the above and foregoing plat of ___________ Addition was approved by proper action of the Director of Engineering and Development of the City of Midland, Texas on this _____ day of _______, 19___.
Signed: _____
(Print or Type Name Here), Director, Engineering & Development(4)
Utility company's certificate (to be placed on plat).
This plat has been checked for accessibility of utilities.
Signed: _____
(Name of each Utility Company)Note: Provide one signature line for each utility, not operated by the City of Midland, and franchised to operate within the City.
4.
Filing. A complete application for approval of a final plat shall be filed, together with all required documents, not less than ten days prior to the date of any regular meeting at which consideration is desired. The final plat shall be considered filed for approval on the date that an application that meets all the requirements of this Section and those elements mandated by V.T.C.A., Local Government Code § 212.004(b), is submitted.
5.
Standards for approval. No final plat shall be approved by the director, the commission or the Council unless the following standards have been met:
(a)
The plat substantially conforms to the approved preliminary plat, and all conditions of approval thereof, if a preliminary plat was required.
(b)
Where the final plat includes only a portion of the area of the approved preliminary plat, and a phasing plan for final plats has not previously been approved by the commission or Council, the partial plat is determined to provide adequate street and alley circulation and otherwise to represent a logical and well-planned phasing of the development and that adequate provision for public improvements has been made.
(c)
Required public improvements have been constructed and accepted, or a development agreement setting forth a schedule of phasing and construction and providing for security for the subsequent completion of improvements has been accepted by the City.
(d)
The plat conforms to applicable zoning and other city regulations, and provisions of state law.
(e)
Provision has been made for adequate public facilities under the terms of this Chapter.
(f)
The plat meets all other requirements of this Chapter, subject to approval of variances.
(g)
All escrow and pro rata fees have been paid.
6.
Approval procedure.
(a)
Review by director. The director, following determination that the application is complete, shall transmit copies of the final plat to the director of utilities and to the Texas Department of Transportation when the land to be subdivided abuts a state or state-maintained highway. The director shall forward all legal documents to the City attorney for approval as to form. The director shall review the plat for conformance with the requirements of this Chapter and shall make recommendations to the commission for approval or disapproval of the final plat. The director shall notify the property owner of any recommended changes or suggestions so that the final tracing or other required material may be corrected and resubmitted for final approval.
(b)
Time requirement. The commission shall act on the final plat within 30 days after the filing of the plat or corrected plat, as may be the case, unless such time is extended by agreement with the subdivider or his agent. If approved, the chairman and secretary of the commission shall affix their signatures to the plat denoting final approval. If not approved within 30 days from the date of filing, the commission shall disapprove and reject the plat with the right to reconsider same when the objections are cured.
(c)
Recording. Upon approval of the final plat, the commission shall immediately forward the plat to the City secretary, who shall record one copy of the plat and requisite documents in the office of the county clerk.
7.
Effect of approval. Approval of a final plat shall certify compliance with the regulations of the City pertaining to the subdivision of land. An approved and signed final plat may be used to reference lots and interests in property thereon defined for the purpose of conveyance and development as allowed by these regulations.
(I)
Alternative approval procedures.
1.
Short form procedure.
(a)
Applicability. The procedure provided herein may be followed for approval of a subdivision when the land proposed to be subdivided or resubdivided meets the following conditions and requirements:
(1)
Adequate existing streets, easements and public areas. The land abuts upon a street of adequate width and is so situated that no additional street, alley, easement nor other public property is required in order to meet the requirements of this Chapter.
(2)
Satisfactory survey, plat and proximity to monument. The perimeter of the tract being subdivided has been surveyed and marked on the ground and a plat thereof prepared by a registered surveyor and filed with the director showing that the nearest corner of each lot or parcel of such proposed subdivision is within 60 meters (200 feet) of a known corner which is adequately marked by concrete monument or iron stakes, as determined by the City engineer.
(3)
Satisfactory drainage. The topography of the tract and the surrounding land is such that no drainage improvements are required, or, where drainage facilities are required, arrangements have been made for the construction of such facilities as approved by the director.
(4)
Utilities. The utilities, as required in this Chapter, are in place to serve each parcel or lot of such subdivision or resubdivision, or arrangements to provide such facilities have been made.
(5)
Zoning. The proposed map of any part of the subdivision is not inconsistent with existing zoning.
(b)
Procedure. Not sooner than 12 days following submission of a sketch plat, the final plat may be submitted for consideration without prior approval of a preliminary plat. All requirements and procedures for final plat approval shall be as specified in Section 11-2-3(H), except that final plats which are to be considered pursuant to this procedure shall be filed with the director not less than 14 days prior to the commission meeting at which consideration is requested, with a written request for short form consideration.
2.
Administrative approval.
(a)
Applicability. If a proposed minor plat contains no more than four lots and requires no public improvements nor the creation of any public streets, nor the extension of any public facilities, the director may approve the final plat without consideration by the commission. The director may not approve a variance to these regulations, nor disapprove the proposed plat.
(b)
Procedure. Submittal requirements and approval standards shall be the same as for other final plats. The director shall approve the minor plat within 30 days from the date the application is filed. If the director determines not to approve the plat, he shall transmit the plat to the commission for its consideration within sufficient time to enable the commission to act on the plat within 30 days from the date the application is filed. The time for approval of the plat may be extended by agreement with the property owner.
3.
Survey monumentation. For plats approved by short form procedure or through administrative approval, at least two corner points of the plat boundary shall be tied to a city survey monument by grid course and grid distance shown on the plat if it:
(a)
Contains any parcel or combination of parcels which is zoned as a nonresidential district and which is 0.5 hectare (1.2 acres) or more in area or contains a total area of all parcels of 1.0 hectare (2.5 acres) or more; and
(b)
Lies within 1.5 kilometers (1.0 mile) of a city survey monument.
If not, it shall show a tie to any established point approved by the City engineer.
4.
Benchmarks shall be shown as required for other final plats.
(Ord. No. 7333, § 1, 6-14-1994)