Loading...
ORD 683 06/28/2005 ORDINANCE NO. 6 8 3 AN ORDINANCE OF THE CITY OF CIBOLO, TEXAS, AMENDING ORDINANCE NO. 590 LAND SUBDIVISION ORDINANCE, AS AMENDED, BY AMENDING SECTION V PROCESSING PROCEDURE; BY AMENDING EXHIBIT B PART I DEVELOPER PETITION FOR PRELIMINARY ACCEPTANCE OF PUBLIC IMPROVEMENTS; BY AMENDING EXHIBIT B PART II DEVELOPER PETITION FOR FINAL ACCEPTANCE OF PUBLIC IMPROVEMENTS; PROVIDING FOR , INCORPORATION; PROVIDING FOR ADOPTION; PROVIDING THAT THIS ORDINANCE IS CUMULATIVE OF ALL OTHER ORDINANCES OF THE CITY OF CIBOLO NOT IN CONFLICT WITH THE PROVISIONS OF THIS ORDINANCE; PROVIDING FOR SEVERABILITY; PROVIDING SAVINGS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Cibolo, Texas, is a Home Rule Municipality located in Guadalupe County, Texas, created in accordance with provisions of the Texas Local Government Code and operating pursuant to its adopted City Charter and all applicable laws and enabling legislation of the State of Texas; and WHEREAS, the City of Cibolo, Texas, is governed by a Home Rule Charter that was approved by the Citizens of Cibolo in a duly called election held on September 11, 2004; and WHEREAS, the City of Cibolo, Texas, adopted Ordinance No. 590 (Land Subdivision Ordinance) declaring the policy and rules and regulations governing the platting and subdivision of land in the City limits and in the extraterritorial jurisdiction; and WHEREAS, the City Council has considered the merits of these amendments to the Land Subdivision Ordinance and has determined that this ordinance is necessary to protect the health, safety,morals, and welfare of the community. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CIBOLO, TEXAS... SECTION 1. INCORPORATION That the above and foregoing premises are true and correct and are incorporated herein and made part hereof for all purposes. 1 SECTION 2. ADOPTION That the Ordinance provisions incorporated in Section 3 herein are hereby adopted by the City Council of the City of Cibolo, Texas, and amend Ordinance No. 590. SECTION 3. AMENDMENTS That SECTION V PROCESSING PROCEDURE shall be amended to read as follows: "A. PRE-APPLICATION PROCEDURES 1. The subdivider(s) or developer(s) should avail themselves of the advice and assistance of the City officials and should consult early and informally with the City Manager, City Engineer, the Chief Building Official, the City Planner, the Subdivision Infrastructure Compliance Manager, and other designated administrative officers as determined by the City of Cibolo before preparing any submission pursuant to this Ordinance in order to save time and money and to avoid unnecessary delays. 2. Prior to formal application for approval of any submission pursuant to this Ordinance, the subdivider(s) or developer(s) shall request and attend a pre- application conference with the City of Cibolo Development Review Committee in order to become familiar with the City's Master Plan, development regulations, and development/subdivision process. At the pre- application conference, the developer/subdivider may be represented by his/her land planner, engineer, and/or surveyor. B. STATUTORY PROCEDURES 1. Zoning Requirements a. A property within the City's corporate limits that is being proposed for platting must be properly zoned for the proposed use(s) before an application for acceptance of any preliminary or final plat can be accepted by the City of Cibolo. b. The proposed development layout/subdivision design shown on any preliminary or final plat must be in conformance with all standards and requirements prescribed in the City's Zoning Ordinance, as amended, before any preliminary or final plat can be approved by the City of Cibolo. c. Non-compliance with the requirements of the zoning district in which the subject property is located or lack of proper zoning for the uses 2 proposed on a preliminary or fmal plat shall constitute grounds for denial of a preliminary or final plat. 2. Classification of Subdivisions and Additions a. Before any land us platted the property owner shall apply for and secure approval of a final subdivision plat in accordance with the following procedures, unless otherwise provided within this Ordinance. Subdivision plats are classified as major or minor, depending on the number of lots to be created and upon whether or not any public improvements will be required to develop the property. 1. Minor Subdivision a. Minor subdivisions shall create no more than four (4) lots and every lot within a minor subdivision shall already be served by all required utilities, streets, and services pursuant to this and all other applicable Ordinances of the City of Cibolo. b. If the development of any lot within the proposed subdivision will require the construction of a new street (or portion thereof), a public improvement (water line, sewer line, drainage facility), or if an easement(s) for any utility must be dedicated or established on the plat, then the subdivision and its corresponding plat shall be classified as a major subdivision and plat and shall be processed/approved as such. c. Minor subdivisions may be approved for residential or non- residential developments/uses. d. Minor subdivision plat approval requires the submission of a final plat in accordance with Subsection F. of this Section V, except that the minor subdivision may be approved by the City Manager upon recommendation from the City Engineer, City Planner, and Chief Building Official. e. A minor subdivision that is denied by the City Manager may be appealed to the Planning and Zoning Commission by filing a Notice of Appeal in the Office of the City Clerk no later than ten (10) days after the date upon which the City Manager denied the petition. The Notice of Appeal shall set forth in clear and concise fashion the basis for the appeal. The Planning and Zoning Commission shall consider the appeal at a public meeting no later than thirty(30) days after the date upon which the Notice of Appeal was filed with the Office of the City Clerk. The Planning and Zoning Commission may affirm, modify or reverse 3 the decision of the City Manager, or it may, where appropriate, remand the minor subdivision back to the City Manager for further proceedings consistent with the Planning and Zoning Commission's decision. Affirmation or modification of the City Manager's decision shall require a simple majority vote of the Planning and Zoning Commission members present. The Planning and Zoning Commission may reverse the City Manager's decision to deny a minor subdivision (upon appeal by the applicant/property owner) upon a three-quarters vote of the full Planning and Zoning Commission. 2. Major Subdivision a. Major subdivisions involve the construction of new streets, the construction or extension of public utilities, the establishment or dedication of an easement(s) or right(s)-of-way for any public facility or roadway, and/or the creation of more than four(4)lots. b. Major subdivisions may be approved for residential or non- residential developments/uses. c. Major plat approval shall be in accordance with Subsections E. and F. of this Section V. d. Lots may be sold only when the final plat has been approved by the City and the plat has been filed at Guadalupe County 3. Submission Requirements a. In addition to the requirements outlined herein for each type of development or plat application, the City shall maintain separate policies and procedures for the submission and processing of applications including, but not limited to, application forms, checklists, language blocks for plats, and other similar items. Forms and paperwork shall be made available at the Office of the Chief Building Official, or his/her designee. b. These policies and procedures may be amended from time to time and it is the applicant's responsibility to be familiar with and to comply with said policies and procedures. 4. Official Filing/Application Submission Date a. For the purpose of these regulations, the date upon which a complete application for approval of a land study or any type of plat, that contains all required elements mandated by the Texas Local 4 Government Code, Section 212.004(b) and by this Ordinance, is first filed with the City of Cibolo shall constitute the official submission date for the complete application. For plats, this official submission date shall initiate the statutory period for approval or disapproval as mandated by the Texas Local Government Code, Section 212. b. No application shall be deemed filed until the Chief Building Official, or his/her designee, determines that the application is complete and a fee receipt is issued by the City. Failure by the Chief Building Official, or his/her designee, to make a determination of completeness within ten (10) working days of the submission date shall result in the application being deemed complete. c. The Chief Building Official, or his/her designee, shall notify the applicant in writing as to the status of an application being reviewed pursuant to b. above. 5. Proof of Land Ownership a. In the public interest, the City requires proof of land ownership prior to consideration of any development application involving real property. Along with the application submission, the applicant shall provide written verification that he/she is the owner of record of the subject land parcel. The applicant shall provide a copy of one of the following documents to prove ownership: 1. General warranty deed; 2. Special warranty deed; 3. Title policy; or 4. Some other document that is acceptable to the Chief Building Official. b. If the applicant is other than the property owner, a written notarized statement signed by the property owner shall be provided indicating that the applicant is the owner's authorized agent. This notice shall be provided in addition to the proof of land ownership specified in 5.a. above. c. If ownership cannot be conclusively established prior to the meeting date on which the application will be heard, and the City has concerns regarding the welfare of future owners of all or any portion of the subject property,then the City shall have the authority to deny the application on the basis of protecting the public interest. The 5 applicant may resubmit a new development application along with applicable paperwork and payment of fees on at any time following such denial. C. PROCEDURES AND SUBMISSION REQUIREMENTS FOR LAND STUDY APPROVAL 1. Applicability a. A land study shall be submitted to the Planning and Zoning Commission and City Council for review, evaluation, and approval in the following circumstances: 1. In conjunction with an application for preliminary plat approval for any tract of land over fifty (50) acres in size, or for a smaller tract where the land is part of a larger parcel over fifty(50) acres in size; 2. In conjunction with a development plat; or 3. In any case where a road is to be established or realigned. 2. Purpose a. The purpose of the land study is to allow the Planning and Zoning Commission, and the City Council to review the proposed major thoroughfare and collector street patterns, land use(s), environmental issues, conformance to the Master Plan, Zoning Ordinance, Future Land Use Plan, Thoroughfare Plan, Land Subdivision Ordinance, other applicable ordinances/rules/regulations, and the property's relationship to adjoining subdivisions or properties. The land study is also used to assist in evaluating the impacts of developing the land to be platted on provision of supporting public facilities and services (including water or sewer main extensions required, detention or downstream drainage improvements required, or road improvements required), the environment,provision of open space and recreational opportunities, and the general health, safety, and welfare of the community. 3. Extent of Area Required for Land Study a. When the preliminary plat or development plat designates the land area to be developed in phases, the land study area shall include the entire property from which the phases are being subdivided and an approximate development schedule. b. Where the applicant can demonstrate that natural or manmade features, such as highways and/or creeks, make inclusion in the land study of the 6 i J entire property unnecessary to adequately review the items listed in Subsection 2.a. above, he/she may submit a written request to the City for approval for a smaller land study area. Boundaries such as existing major thoroughfares, creeks, political subdivisions or other such natural or manmade features may be used to delineate a smaller study area. c. Submission Requirements 1. Submission of an application for land study approval shall be preceded by a pre-application conference as specified in Subsection A. 2. 2. The land study shall be prepared by a qualified civil engineer, land planner, architect or surveyor at a scale no smaller than one inch(1") equals two hundred feet (200') and on sheets no larger than twenty- four inches (24") by thirty-six inches (36") in size and it shall show the following: a. Title block within the lower right-hand corner of each page of the land study with the proposed name of the development, name. and address of the owner/developer and the person responsible for preparing he land study; b. Graphic and written scale of the drawing; c. North arrow; d. Date the drawing was prepared; e. Location of the tract according to the abstract and survey records of Guadalupe County, Texas; f. Vicinity map or location map that shows the location of the subject tract within the City or its extraterritorial jurisdiction an in relationship to existing major roadways; g. Limits of the subject tract in heavy lines; h. Names of adjacent additions or subdivisions or the name of the owners of record and recording information for adjacent parcels of unplatted land, including parcels on the other sides or roads, creeks, etc. i. Depiction of all contiguous holdings of the property owner(s); j. Existing uses of the subject property; 7 k. Existing buildings located on the subject property; 1. General arrangement of future land uses for the subject property. The applicant shall depict the types of land uses, planned densities for residential areas, and any non-residential uses anticipated. This information shall not include a lotting pattern nor specify lot sizes or lot dimensions; m. Generalized vehicular and pedestrian circulation plan for the subject property; n. Existing zoning for the subject property; o. Existing zoning and existing/proposed uses on adjacent land; p. Existing/proposed driveways and median openings within two hundred feet(200') of the subject property; q. Location, width, paving material, and names of all existingor platted streets or other public ways within two hundred feet (200') of the subject property; r. Existing easements located on or within two hundred feet (200') of the subject property. This information shall include the type, dimension, ownership, and recording information; s. Existing railroad rights-of-way located on or within two hundred feet(200') of the subject property; t. Existing topography at ten foot (10') intervals with existing drainage channels or creeks; u. Existing 100-year floodplain areas and floodways as shown on the Federal Insurance Rate Maps (FIRMS) for the subject tract with a note on the drawing indicating the appropriate panel number; v. Size and location of existing water mains, wastewater mains, and lift stations located on and within two hundred feet (200') of the subject property; w. Proposed phasing of the development and the order of platting; and 8 x. Designation of those areas within the subject property covered by tree canopy areas of ten thousand(10,000) square feet or more. 3. Procedures and Conditions a. The required number of copies of the proposed land study shall be submitted per the City's submission guidelines, as may be amended from time to time, accompanied by an application form, the appropriate filing fee, and any other required submission materials determined necessary by the City. b. The Planning and Zoning Commission and the City Council shall review and evaluate the land study to determine whether the proposed development conforms to the Master Plan, Future Land Use Plan, Thoroughfare Plan, Land Subdivision Ordinance, and other applicable ordinances of the City. c. The Planning and Zoning Commission or the City Council may require additional information to be submitted to supplementthe initial land study. d. Based upon the land study,the Planning and Zoning Commission may recommend and the City Council may require as a condition of preliminary or development plat approval, that the land to be platted be developed in phases, that the proposed phases be developed in a different sequence or include more or less land, or that all phases designated be accompanied by a schedule of public improvements to adequately serve the development in accordance with the City's minimum design criteria for public improvements. e. A land study may be submitted for review concurrently with a preliminary plat application, provided that the respective requirements for both types of applications are satisfied as specified by this Ordinance, as amended. If the preliminary plat cannot not be reviewed by the City in time for it to be scheduled on the same Planning and Zoning Commission agenda as the land study, then the preliminary plat shall be denied on the basis of inadequate review time unless the applicant has executed a notarized written waiver of the 30-day review period for the preliminary plat. 4. Effect of Review a. The land study shall be used only as an aid to show the anticipate layout of the proposed development and to assess the adequacy 9 of public facilities/services that will be needed to serve the proposed development. Any proposed use or development depicted on the land study shall not be deemed formal authorization or approval by the City until a preliminary plat or development is approved for the development. If the applicant to chooses to plat only the initial phase or phases of a multi-phase project designated on a land study, a new land study shall be required for plat approval of subsequent phases if the proposed development layout, character, and/or other conditions affecting the development substantially change from one phase to the next. b. The approved land study shall be valid for a period of five (5) years, or as otherwise specified by the Texas Local Government Code, from the date of land study approval by the City Council. Prior to the lapse of approval for a land study,the property owner may petition the City Council to extend the land study approval. Such petition shall be considered at a public meeting before the City Council and an extension may be granted by the City Council at such meeting. If no petition for extension of land study approval is submitted by the property owner prior to Abe expiration date, the land study shall be deemed to have expired and shall become null and void. c. In determining whether to grant a request for extension, the City Council shall take into account the reasons for the lapse, the ability of the property owner to comply with the conditions attached to the original approval, and the extent to which the Land Subdivision Ordinance in effect at the time of the extension request shall apply to the land study. In the event the City Council denies a request for extension, the property owner must thereafter submit a new land study application for approval, and shall conform to all applicable regulations then in effect. d. The City Council may grant extension of the land study subject to additional conditions. based upon the applicable City regulations and/or State legislation in effect at the time that the extension is requested, or such as are necessary to ensure compliance with the original conditions of approval. e. The City Council may specify a shorter time for extension of the land study than the original five-year(5-year) approval period. D. PROCEDURES AND SUBMISSION REQUIREMENTS FOR PRELIMINARY PLAT APPROVAL 10 1. Procedures a. Upon reaching conclusions at the pre-application conference specified in Subsection A. of this Section V regarding a general development program and objectives and upon approval of the land study (if required), the subdivider shall have prepared a preliminary plat together with general utility plans and other supplementary materials, as specified by the City. The preliminary plat shall be submitted to the City of Cibolo with the appropriate filing fee and with a written application form per the City's submission guidelines, as may be amended from time to time, prior to the Planning and Zoning Commission meeting at which the preliminary plat is to be considered. b. Certificate of No Tax Delinquency 1. At the time that an application for a preliminary plat is filed with the City, the applicant shall also file a certificate showing that all taxes have been paid on the subject property and that no delinquent taxes exist against the property. c. The preliminary plat may constitute only that portion of the approved land study that the subdivider proposes to construct and record provided, however, that such portion conforms to all the requirements of this Ordinance and all other applicable ordinances of the City of Cibolo. d. Following review of the preliminary plat and other materials submitted in conformity to these regulations, and following discussions with the subdivider on changes deemed advisable and the kind and extent of improvements to be installed by the developer, the Planning and Zoning Commission shall act on the preliminary plat as it was submitted or as modified. Said action shall be whether to recommend acceptance or denial of the preliminary plat to the City Council. If the Planning and Zoning Commission recommends approval, it shall state the conditions of approval, if any, and the preliminary plat shall be placed on a City Council agenda. The City Council shall take action on the preliminary plat within thirty (30) days of the Planning and Zoning Commission's action. e. After the preliminary plat has been scheduled on an agenda, the applicant or property owner may request via a notarized written statement waiver of the thirty (30) day approval requirement in order to allow him/her more time to correct deficiencies, address concerns, or otherwise improve the plat pursuant to the City's regulations. After receipt of the request, the City may delay action on the preliminary plat beyond thirty(30) days of the submission date. 11 J f. Approval of the preliminary plat by the City Council shall be deemed approval of the street and lot layout shown on the preliminary plat, and to the preparation of the final plat, inclusive of the associated engineering/construction plans for public improvements. Except as provided for herein, approval of the preliminary plat shall constitute conditional approval of the final plat when all conditions of approval and as provided in this Section have been met. 2. Submission Requirements a. Copies/prints of the preliminary plat for the proposed subdivision, drawn on sheets of eighteen inches (18") by twenty-four inches (24") and drawn to a know engineering scale of not smaller than one inch equals one hundred feet (1"=100') or a larger scale, shall be submitted in a quantity as specified by the City. In cases of large developments that would exceed the dimensions of the sheet at the one inch equals one hundred feet (1"=100') scale, preliminary plats may be on multiple sheets or to another known engineering scale as approved by the City. b. Preliminary plat applications that do not include the required data;. a completed application form, the appropriate filing fee, the appropriate number of copies of the plat, and/or other required information will be considered incomplete, shall not be accepted for submission by the City, and shall not be scheduled on a Planning and Zoning Commission agenda until the information specified by this Ordinance is provided to the City staff. Additional copies of the preliminary plat may be required if revisions or corrections are necessary. c. A preliminary plat, if not preceded by a land study showing phases of the development, shall include all contiguous property under the ownership or control of the applicant. It may contain more than one phase which, if so, shall be clearly identified. d. No preliminary plat shall be recommended for approval by the Planning and Zoning Commission, or approved by the City Council, unless the following standards have been met: 1. The plat substantially conforms with the approved land study and other studies and plans, as applicable; 2. The preliminary layouts of require public improvements and City utilities have been approved by the City Engineer; and 3. The plat conforms to all applicable zoning and other regulations. 12 e. The required copies/prints of the proposed preliminary plat and associated construction plans shall show the following (this information may be shown on separate sheets): 1. Vicinity or location map that shows the location of the proposed preliminary plat within the City or the extraterritorial jurisdiction and in relationship to existing major roadways; 2. Boundary lines, abstract survey lines, corporate boundaries, extraterritorial jurisdiction boundaries; 3. Existing or proposed roadways, including right-of-way widths; 4. Bearings and distances sufficient to locate the exact area proposed for the subdivision, and all survey monuments (identified and labeled); 5. Length and bearing of all straight lines, radii, arc lengths, tangent lengths, and central angles of all curves shall be indicated along the lines of each lot (curve and line data may be placed in a table format); 6. Accurate reference ties via courses and distances to at least one recognizable abstract survey corner or existing subdivision corner shall be shown; 7. Name, location and recording information for all adjacent subdivisions, including those located on the other sides of roads or creeks. For unplatted properties, the name of property owners and recording information shall be shown; 8. Property lines for all platted lots or unplatted tracts shall be shown within two hundred feet (200') of the subject property (the platted block and lot designations shall be shown for platted lots); 9. Location, width and names of all existing streets and all existing street rights-of-way located on and within two hundred feet(200') of the subject property; 10. Location and width of all proposed streets located on and within two hundred(200') of the subject property; 11. Location, type, dimension, ownership, and recording information for all existing easements located on and within two hundred feet(200') of the subject property; 13 12. Location, type, and dimension of all proposed easements located on and within two hundred feet(200') of the subject property; 13. Existing buildings, sewer mains, water mains, gas mains, culvert pipes (including slope and elevation), and drainage structures located on or within two hundred feet (200') of the subject property. The type and size of existing sewer mains, water mains, gas mains, and culvert pipes must be included. The width and depth of drainage channels must be included. The height and elevation of dams, spillways and other similar drainage structures must be included; 14. Proposed arrangement and square footage of lots and proposed use of same. For non-residential uses, the following existing and proposed information must be shown: location and size of proposed buildings, parking lots (including number of parking spaces), driveways, drive aisles, loading areas, garbage storage areas, landscaped areas, and preserved trees. 15. Title block within the lower right hand corner of the plat and associated preliminary grading and utility plans that show: thea title under which the proposed subdivision is to be recorded, the name and address of the owner/developer, the name and address of the land planner and/or engineer or registered public surveyor who prepared the plat and plans, graphic and written scale, date of preparation, north arrow, location of the property according to the abstract survey records of Guadalupe County, and number of lots (segregated by the intended use of each lot — i.e. single-family residential, open space, school,park); 16. Sites, if any, to be reserved or dedicated for parks, schools, playgrounds or other uses and the entity to which those sites are to be dedicated; 17. Contours with intervals of two (2) feet or less shown for the area with all elevations on the contour map referenced to sea level datum; 18. Areas contributing drainage to the proposed subdivision shall be shown in the preliminary drainage plan and locations for proposed drainage discharge from the site shall be shown by directional arrows; 19. All physical features of the property to be subdivided shall be shown in the preliminary utility and drainage plans, including the location and size of all water courses, 100-year flood plains according to the Federal Emergency Management Agency (FEMA) information, Corps of Engineers flowage easement requirements, ravines, bridges, 14 culverts, existing structures, drainage area in acres or area draining into subdivisions, the outline of wooded areas occupying ten thousand (10,000) square feet or more of the subject property, and important individual trees; 20. Proposed phasing of the subdivision; 21. Dedication of rights-of-way for streets and street improvements, whether on-site or off-site, intended to serve each proposed phase of the subdivision; 22. Proposed or existing zoning of the subject property and all adjacent properties; 23. Minimum finished floor elevations of building foundations for all lots adjacent to or within a floodplain or within an area that may be susceptible to flooding; 24. Statement that the subject property is owned by the applicant; 25. Place for the plat approval signature of the Planning and Zoning Commission Chairman,Planning and Zoning Commission Secretary, Mayor, a place for the City Clerk to attest to the Major's signature, and the approval dates by the Planning and Zoning Commission and City Council. 26. Special Notice — NOTICE: Selling a portion of this addition by metes and bounds is a violation of City Ordinance and State Law, and is subject to fines and/or withholding of utilities and building permits." 27. Other applicable language (e.g. for drainage, public access or other special types of easements) deemed necessary and appropriate by the City for the purpose of protecting the public health, safety and welfare. Applicable plat language is available upon request at the City. 3. Effect of Approval a. Approval of a preliminary plat authorizes the property owner, upon fulfillment of all requirements and conditions of approval, to submit an application for final plat approval. 4. Expiration 15 a. Approval of a preliminary plat shall be valid for a period of five (5) years from the date of City Council approval. b. Within five (5)years from the approval date of a preliminary plat, a final plat must be approved by the City for construction of the development or the preliminary plat shall expire and become null and void. c. Prior to the lapse of approval for a preliminary plat, the property owner may petition the City to extend the preliminary plat approval. Such petition shall be considered at a public meeting before the City Council. An extension may be granted by the City Council at such meeting. If not petition for extension of preliminary plat approval is submitted by the property owner/developer and not final plat has been approved by the City prior to the expiration date,the preliminary plat shall be deemed to have expired and shall become null and void. d. In determining whether to grant a request for extension, the City Council shall take into account the reason for the lapse,the ability of the property owner/developer to comply with any conditions attached to the original approval, and the extent to which newly adopted subdivision regulations would apply to the preliminary plat. The City Council may grant extension of the preliminary or denial of the request, in which instance the original preliminary plat shall be deemed to be null and void. The property owner must thereafter submit a new preliminary plat application for approval, and shall conform to the subdivision regulations then in effect. e. The City Council may grant extension of the preliminary plat subject to additional conditions based upon newly enacted City regulations and/or State legislation, or such as are necessary to ensure compliance with the original conditions of approval and to protect the public health, safety, and welfare. The City Council may specify a shorter time for extension of the preliminary plat than the original five-year (5-year) approval period. E. PROCEDURES AND SUBMISSION REQUIREMENTS FOR FNAL PLAT APPROVAL 1. Procedures a. The fmal plat shall be in accordance with the preliminary plat, as approved, and shall incorporate all applicable conditions, changes, directions and additions imposed by the Planning and Zoning Commission and City Council upon the preliminary plat. The final plat shall not be approved by the Planning and Zoning Commission until detailed engineering and construction plans for all required public 16 improvements have been prepared by the applicant and submitted to the City for review and approval by the City Engineer. b. A fmal plat shall not be submitted prior to approval of a preliminary plat. c. Certificate of No Tax Delinquency 1. At the time that an application for a preliminary plat is filed with the City, the applicant shall also file a certificate showing that all taxes - have been paid on the subject property and that no delinquent taxes exist against the property. d. The fmal plat shall be in conformance with the City's Zoning Ordinance, including the proper zoning for the intended use, if located within the City's corporate limits, and it shall be in conformance with the City's Master Plan, including all adopted water, sewer, drainage, parks/recreation/open space,thoroughfare, and future land use plans. e. The fmal plat shall be prepared by a registered/certified civil engineer or surveyor and shall include all land area that is proposed for immediate development. f. The required number of copies of the proposed fmal plat and associated construction/engineering plans shall be submitted per the City's submission guidelines, as may be amended from time to time, but no more than thirty (30) calendar days unless the applicant waives the thirty-day (30-day) review time via a notarized written request before the Planning and Zoning Commission meeting at which the final plat shall be considered, accompanied by an application form and filing fee (per the City's plat submission guidelines, as may be amended from time to time). Upon acceptance of the fmal plat application, City staff shall review the fmal plat to ascertain its compliance with these regulations and shall report any points of non-compliance to the applicant. If revisions are necessary, the applicant/developer shall submit additional corrected copies of the properly corrected fmal plat to the Chief Building Official for final action no later than seven (7) calendar days prior to the Planning and Zoning Commission meeting. Failure to submit corrected copies back to the City in time shall be reason to determine the submittal is incomplete and as reason not to schedule the final plat on the Planning and Zoning Commission's agenda or to deny the final plat. If, upon resubmission of the fmal plat application, the City determines that the application is still incomplete,the application will be subject to denial. h. Following review of the final plat and other materials submitted in conformity to these regulations by City staff, and following discussions 17 with the subdivider on changes deemed advisable and the kind and extent of improvements to be installed by the developer, the Planning and Zoning Commission shall act on the final plat as it was submitted or as modified. Said action shall be to accept or deny the final plat. If the Planning and Zoning Commission denies the fmal plat application, it shall state the basis of its denial. i. After the final plat has been scheduled on an agenda, the applicant or property owner may request via a notarized written statement waiver of the thirty (30) day approval requirement in order to allow him/her more time to correct deficiencies, address concerns, or otherwise improve the plat pursuant to the City's regulations. After receipt of the request, the City may delay action on the final plat beyond thirty (30) days of the submission date. j. If the Planning and Zoning Commission votes to deny a final plat application,the Commission shall state such disapproval and the reasons therefore. The applicant or property owner may appeal such decision to the City Council by filing a Notice of Appeal in the office of the City Clerk no later than ten (10) calendar days after the date upon which the Commission denied the application. The Notice of Appeal shall set forth in clear and concise fashion the basis for appeal. The City Council shall consider the appeal at a public meeting no later than thirty (30) days after the date upon which the Notice of Appeal was filed. The City Council may affirm, modify or reverse the decision of the Commission, or it may, where appropriate, remand the preliminary plat back to the Commission for further proceedings consistent with the City Council's decision. Affirmation or modification of the Commission's recommendation shall require a simple majority vote of the City Council members present. The City Council may reverse the Commission's decision to deny a plat (upon appeal by the applicant/property owner) upon a three-quarters (3/4)vote of the full City Council. k. Upon fmal approval and following preliminary acceptance of all required public improvements, the developer/applicant shall return copies of the final plat, as approved, with any other required documents and necessary fees attached thereto to the Chief Building Official, or his/her designee, in accordance with the requirements established by the City. All necessary filing materials, including mylars,reductions, and/or blueline copies, as required by the Guadalupe County Clerk, in addition to a computer disk containing the digital plat files in an AutoCad format, shall be returned to the City with the required fees. The City shall file the fmal plat within thirty (30) days at the office of the County Clerk of Guadalupe County provided that all requirements have been satisfied. 1. Timing of Public Improvements 18 1. The Planning and Zoning Commission may permit or require the deferral of the construction of public improvements if, in its judgment, deferring the construction would not result in any harm to the public or would offer significant advantage in coordinating the site's development with adjacent properties and off-site public improvements. The deferred construction of any required public improvement(s) must be approved by the City at the time of fmal plat approval and the necessary assurances for completion of the improvements shall be a stipulation of approval of the fmal plat. Said assurances shall be as specified by m. 3. below. 2. Security for Completion of Improvements a. Security — Whenever the obligation to install public improvements to serve a subdivision or development is deferred as specified in m. 2. above,the property owner or developer shall provide sufficient security to ensure completion of the public improvements. The security shall be in the form of one of the following: 1. A cash escrow with the City; 2. An irrevocable letter of credit drawn upon a state or national bank that has a regular business office in the State of Texas that (1) is of a term sufficient to cover the completion, maintenance and warranty periods, but not less than two (2) years and (2) authorizes the City to draw upon the letter of credit by presenting to the issuer only a sight draft and a certificate signed by an authorized representative of the City attesting to the City's right to draw funds under the letter of credit; 3. A construction funding agreement under which funds for the construction of the required improvements are escrowed in Texas with an office of a state or national bank, under which (1) the City has the irrevocable right to withdraw funds, and (2) the subdivider may be permitted to draw funds to make payments towards the construction of the improvements as progress is verified; or 4. A first and prior lien on the property. b. Amount and Acceptability — The security shall be issued in the amount of one hundred percent (100%) of the cost estimate approved by the City Engineer for all public improvements 19 associated with the subdivision. The security shall be subject to the approval of the City Attorney. c. Reduction of Security— As portions of the public improvements are completed in accordance with the approved construction plans and the City's design standards, the developer may make application to the City Manager to reduce the amount of the original security. If the City Manager is satisfied that such portion of the improvements has been completed in accordance with the City's standards, he may (but is not required to) cause the amount of the security to be reduced by such amount he deems appropriate, so that the remaining amount of the letter of credit adequately insures the completion of the remaining public improvements. d. Partial Release—If, in the opinion of the City Manager and City Engineer, the public improvements have commenced in good faith, a release for construction of residential lots may be issued. A lot must have permanent street access installed prior to its release for construction. 2. Submission Requirements a. Copies/prints of the final plat for the proposed subdivision, drawn on sheets of eighteen inches (18")by twenty-four inches (24") and drawn to a known engineering scale of not smaller than one inch equals one hundred feet (1"=100') or a larger scale shall be submitted in a quantity as specified by the City. In cases of large developments that would exceed the dimensions of the sheet at the one inch equals one hundred feet (1"=100') scale, final plats may be on multiple sheets or to another known engineering scale as approved by the City. b. Final plat applications that do not include the required data, a completed application form, the appropriate filing fee, the appropriate number of copies of the plat, and/or other required information will be considered incomplete, shall not be accepted for submission by the City, and shall not be scheduled on a Planning and Zoning Commission agenda until the information specified by this Ordinance is provided to the City staff. Additional copies of the final plat may be required if revisions or corrections are necessary. c. No final plat shall be approved by the Planning and Zoning Commission,unless the following standards have been met: 1. The plat substantially conforms with the approved land study and other studies and plans, as applicable; 20 2. The complete engineering/construction plans for all required public improvements and City utilities have been submitted to the City for review/approval by the City Engineer (whether specifically stated or not, final plat approval shall always be subject to any additions and/or alterations to the engineering/construction plans as deemed necessary to the City Engineer, as needed, to ensure the safe, efficient and proper construction of public improvements within the subdivision); and 3. The plat conforms to all applicable zoning and other regulations. d. The required copies/prints of the proposed fmal plat and associated construction plans shall show the following: 1. Vicinity or location map that shows the location of the proposed preliminary plat within the City or the extraterritorial jurisdiction and in relationship to existing major roadways; 2. Boundary lines, abstract survey lines, corporate boundaries, extraterritorial jurisdiction boundaries; 3. Existing or proposed roadways, including right-of-way widths; 4. Bearings and distances sufficient to locate the exact area proposed for the subdivision, and all survey monuments (identified and labeled); 5. Field notes description providing a full metes and bounds description of the subject property; 6. Length and bearing of all straight lines, radii, arc lengths, tangent lengths, and central angles of all curves shall be indicated along the lines of each lot (curve and line data may be placed in a table format); 7. Accurate reference ties via courses and distances to at least one recognizable abstract survey corner or existing subdivision corner shall be shown; 8. Name, location and recording information for all adjacent subdivisions, including those located on the other sides of roads or creeks. For unplatted properties, the name of property owners and recording information shall be shown; 21 9. Location, width and names of all existing streets and all existing street rights-of-way located on and adjacent to the subject property; 10. Location, type, dimension, ownership, and recording information for all existing easements located on and adjacent to the subject property; 11. Location, type, and dimension of all proposed easements located on and adjacent to the subject property; 12. Proposed arrangement and square footage of lots; 13. Title block within the lower right hand corner of the plat and associated construction/engineering plans that show: the title under which the proposed subdivision is to be recorded, the name and address of the owner/developer, the name and address of the land planner and/or engineer or registered public surveyor who prepared the plat and plans, graphic and written scale, date of preparation, north arrow, location of the property according to the abstract survey records of Guadalupe County, and number of lots (segregated by the intended use of each lot — i.e. single-family residential, open space, school,park); 14. Sites, if any, to be reserved or dedicated for parks, schools, playgrounds or other uses and the entity to which those sites are to be dedicated; 15. Location and size of all 100-year flood plains according to the Federal Emergency Management 'Agency (FEMA) information, Corps of Engineers flowage easement requirements, floodways. If no flood plains exist, provide a note on the face of the plat and include a reference to the appropriate Federal Insurance Rate Map (FIRM); 16. Dedication of rights-of-way for streets and street improvements; 17. Minimum finished floor elevations of building foundations for all lots adjacent to or within a floodplain or within an area that may be susceptible to flooding; 18. Statement that the subject property is owned by the applicant; 19. Place for the plat approval signature of the Planning and Zoning Commission Chairman,Planning and Zoning Commission Secretary, a place for the City Clerk to attest to the Chairman's signature, and the approval dates by the Planning and Zoning Commission; 22 20. Special Notice — NOTICE: Selling a portion of this addition by metes and bounds is a violation of City Ordinance and State Law, and is subject to fines and/or withholding of utilities and building permits." 21. Other applicable language (e.g. for drainage, public access or other special types of easements) deemed necessary and appropriate by the City for the purpose of protecting the public health, safety and welfare. Applicable plat language is available upon request at the City. 22. All certificates and signature blocks as required by the City of Cibolo. 23. Engineering/Construction Plans a. Along with the final plats application, the developer shall cause to be prepared and shall submit the required copies of the complete engineering/construction plans for streets, storm sewers, drainage structures, water and wastewater facilities, screening and/or retaining walls, sidewalks, irrigation, and any other required public improvements for the area covered by the final plat. b. Cost estimates shall also be submitted with the construction plans. Prior to construction of any public improvements, a set of construction plans marked "Approved" by the City Engineer must be on file with the City. A full set of the City-approved engineering/construction plans must also be available for inspection on the job site at all times. c. The developer shall have these plans prepared by their own professional engineer(s) subject to approval of the plans by the City of Cibolo. The City Engineer shall review or cause to be reviewed the plans and specifications and, if approved, shall be marked "Approved" and shall return one set to the developer. If not approved, one set shall be marked with the objections noted and returned to the applicant or developer for correction. Once the construction plans are approved by the City, the owner/developer shall provide additional sets of the approved plans to the City, as specified by the City Engineer, for use during construction. d. Construction/engineering plans shall be prepared by an engineer licensed to practice in the State of Texas. 23 e. After approval of the final plat and construction/engineering plans by the City, the developer shall cause a contractor to install/construct the public improvements in accordance with the approved plans and the City's standard specifications, and at the developer's expense. The developer shall employ engineers, surveyors, and other professionals as necessary to design, stake, supervise, and perform the construction of such improvements, and shall cause his/her contractor to construct the said improvements in accordance with these regulations and with the City's design standards. f. Engineering/construction plans shall be in conformance with the City's design requirements set forth herein. As part of the engineering/construction plans, a drainage plan showing how the drainage of each lot relates to the overall drainage plan for the plat under consideration shall be submitted. The drainage plan shall be made available to each builder within the proposed subdivision and all builders shall comply with the drainage plan. g. The engineering/construction plans shall be valid for a period of one (1) year after approval of the final plat. The City Council may grant a one (1) year extension, after which they are subject to re-approval by the City of no construction has occurred. h. Within five (5) years from the approval date of a final plat the necessary infrastructure must be installed and a preliminary acceptance of the infrastructure must be made by the City or the final plat shall expire and become null and void. h. Guarantee of Improvements to City 1. The Planning and Zoning Commission shall be satisfied that the subdivider will be in a financial position to install or cause to be installed at his own cost, risk, and expense all of the improvements herein required. The Planning and Zoning Commission, at the direction of the City Council may require such security as it, in its sole discretion, may deem best in order to insure the orderly development within any subdivision, specifically including, but not limited to: a performance bond equal to the estimated cost of the improvements; a bank letter of credit; a personal guarantee; or requiring the subdivider to grant a lien upon the property contained in such subdivision in favor of the City of Cibolo to secure the estimated cost of such improvements. 24 2. It is expressly understood that as a condition to the approval of said subdivision,no Building Permits will be issed until all utilities are installed and other improvements required by this subdivision ordinance are accepted for the subdivision in which said lot is contained except as specified in m. 3. above. i. Policy Statements 1. The City Secretary shall keep on file current written City policies concerning: a. The policy of the city regarding any participation, reimbursement, or arrangements for future repayment to the subdivider for the cost of street, utilities, drainage, and other improvements. b. The policy of the city regarding street appurtenances (lights, signs) j. Pre-Construction Conference 1. Before any construction shall begin, a pre-construction conference will be held on major and/or minor subdivisions for project coordination. The conference must be attended by the developer, all contractors and sub-contractors, utility companies, the City Engineer, the City Manager and/or his appointed representatives and anyone concerned with the development of the subdivision. k. Inspection and Acceptance of Public Improvements 1. Inspection — Construction inspection shall be supervised by the City of Cibolo Infrastructure Compliance Manager. Construction shall be in accordance with the approved construction plans. Any significant change in design required during construction shall be made by the subdivider's engineer, and shall be subject to approval by the City Engineer. If the Infrastructure Compliance Manager fmds upon inspection that any of the required public improvements have not been constructed properly and in accordance with the approved construction plans, the property owner shall be responsible for completing and/or correcting said public improvements. 2. Acceptance of Public Improvements 25 • a. Preliminary Acceptance(Part I) 1. When the City Engineer has determined that public improvements have been installed in compliance with the approved construction plans, the developer may petition the City for preliminary acceptance of public improvements by completing Part I of the "Developer Petition for Acceptance of Public Improvements" as contained in Exhibit B of this Ordinance and forwarding it to the Tnfrastructure Compliance Manager in three (3) copies with required supporting documents as specified in the "Developer Petition for Preliminary Acceptance of Public Improvements." 2. After recommendation(s) by the City Engineer, the City Manager shall accept or reject the petition for preliminary acceptance of public improvements and said acceptance or rejection shall be final. The City Manager may provide for conditional acceptance of public improvements provided that the sudivider guarantees that all materials and workmanship are to be in accordance with the approved plans and specifications prescribed by the City and to correct any and all deficiencies not in accordance with approved plans and specifications as may be noted until final acceptance by the City of Cibolo in accordance with Final Acceptance as specified in b. below. b. Final Acceptance (Part II) 1. After 365 calendar days from the date of preliminary acceptance in accordance with Part I, the developer may petition the City for final acceptance of public improvements by completing Part II of the "Developer Petition for Acceptance of Public Improvements" as contained in Exhibit C of the Ordinance and forwarding it to the Infrastructure Compliance Manager in three(3) copies. 2. Upon the submission of a complete petition with all the required information and attachments specified in Exhibit C of this Ordinance, the Infrastructure Compliance Manager in conjunction with the City Engineer shall perform acceptance inspections to determine that the owner has maintained the public 26 improvements in good condition and has corrected any and all deficiencies specified in the Preliminary Acceptance procedure. 3. When the City Engineer has determined that the owner has maintained the public improvements in good condition and has corrected any and all deficiencies specified in the Preliminary Acceptance procedure or any other deficiencies having arisen from the effective date of the acceptance of the petition for preliminary acceptance, the petition shall be forwarded to the City Manager for fmal acceptance of the public improvements. The effect of approval of a petition for final acceptance of public improvements by the City Manager shall be the assumption of the responsibility for maintenance of the public improvements by the City of Cibolo. 3. Notice of Deficiencies a. In the event required plans and/or specifications have not been complied with during either Phase I or Phase II of the public infrastructure inspection and acceptance processes, the City Engineer will so inform the developer in writing listing each discrepancy requiring correction. A copy of said notice to the developer shall be forwarded to the Infrastructure Compliance Manager and the City Clerk. b. When all of the listed discrepancies have been corrected the owner shall request reinspection by the City Engineer and Infrastructure Compliance Manager. The developer shall pay all reinspection costs prior to acceptance by the City Council. • c. When inspection or reinspection reveals that all plans and specifications have been complied with, the City Engineer shall complete the final acceptance certificate contained in Exhibit B of this Ordinance and shall forward three (3) copies with supporting papers to the City Secretary for consideration by the City Council at its next regular meeting. 1. Compliance Affidavit 27 1. An affidavit from the subdivider stating that to the best of his information and belief, the contractor(s) has complied with the regulations contained in this chapter." {REMAINDER OF PAGE INTENTIONALLY LEFT BLANK} 28 That EXHIBIT B PART I DEVELOPER PETITION FOR PRELIMINARY ACCEPTANCE OF PUBLIC IMPROVEMENTS shall be amended to read as follows: "EXHIBIT B PART I DEVELOPER PETITION FOR PRELIMINARY ACCEPTANCE OF PUBLIC IMPROVEMENT(S) Petition No. STATE OF TEXAS COUNTY OF GUADALUPE * CITY OF CIBOLO * WHEREAS, , hereinafter called Owner, is the owner of the land described as Subdivision, desires to file this, his (its) Petition, with the City Clerk of the City of Cibolo. This petition is being filed in accordance with the terms and provisions of the current Land Subdivision Regulations. NOW THEREFORE, KNOW ALL MEN BY THOSE PRESENT: (Owner)respectfully files this, a Petition with the City of Cibolo for preliminary acceptance of the following described public improvements (list each): (Water and sewer projects shall define the limits by street, alley between streets, and/or across easements by description of the property.) OWNER, in filing this petition, sets forth the following information as required in current Regulations: A. Attached hereto as Exhibit "A" is a true and correct copy of the itemized construction costs of the above described project(s). Construction was accomplished by Contractor at a total cost of 29 B. Attached as Exhibit "B" are two (2) true and correct copies of"as built" drawings certified to by a registered professional engineer. C. Attached as Exhibit "C" are two (2) true and correct copies of field density tests and material source tests, certified by a recognized testing laboratory. (Exhibit "C" is required only for street and alley improvements). OWNER GUARANTEES: A. All materials and workmanship to be in accordance with approved plans and specifications prescribed by the City, and B. To correct any and all deficiencies not in accordance with approved plans and specifications as may be noted until final acceptance by the ,City Engineer and City Council. IN TESTIMONY WHEREOF, WITNESS OUR HANDS and seal, this the day of , 20 AD. Owner and Principal Surety By: Attorney in Fact APPROVED AND ACCEPTED, THIS THE day of 20 AD. CITY OF CIBOLO BY: TITLE: " 30 That EXHIBIT B PART II DEVELOPER PETITION FOR FINAL ACCEPTANCE OF PUBLIC IMPROVEMENTS shall be amended to read as follows: "EXHIBIT B PART II DEVELOPER PETITION FOR FINAL ACCEPTANCE OF PUBLIC IMPROVEMENT(S) Petition No. WHEREAS, The City Manager of the City of Cibolo, Texas approved the preliminary acceptance of the improvements listed in Part I, Petition No. for the Subdivision, and WHEREAS, The owner has maintained such improvements in good condition for at least one year from date of acceptance by the City Council, and WHEREAS, The owner has corrected all deficiencies reported by the City of Cibolo, It is therefore requested that fmal inspection be made of said improvements, that final acceptance be approved by the City Council of the City of Cibolo, and that the Owner be relieved of any further obligation to maintain or cause to maintain such improvements. (date) (Owner) By The above improvements listed in the petition have been inspected as required by current regulations, all required maintenance has been performed, and all noted deficiencies have been corrected. I recommend that the improvements described in the petition be accepted by the City of Cibolo and all maintenance on said improvements be assumed by the City. (date) City Engineer, CITY OF CIBOLO, TEXAS APPROVED AND ACCEPTED BY THE CITY COUNCIL OF THE CITY OF CIBOLO, TEXAS, ON THIS THE DAY OF 20 AD. MAYOR, CITY OF CIBOLO, TEXAS 31 CITY SECRETARY Original - City Duplicate- Owner Triplicate—City" SECTION 4. CUMULATIVE CLAUSE That this ordinance shall be cumulative of all provisions of the City of Cibolo, Texas, except where the provisions of this Ordinance are in direct conflict with the provisions of such Ordinances, in which event the more restrictive provision shall apply. SECTION 5. SEVERABILITY That it is hereby declared to be the intention of the City Council of the City of Cibolo that the phrases, clauses, sentences, paragraphs, and sections of this Ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this Ordinance should be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs or sections of this Ordinance, since the same would have been enacted by the City Council without incorporation in this Ordinance of any such unconstitutional phrase, clause, sentence,paragraph or section. SECTION 6. SAVINGS That all rights and privileges of the City of Cibolo are expressly saved as to any and all violations of the provisions of any Ordinances affecting platting or subdivisions, which have accrued at the time of the effective date of this Ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such Ordinances, same shall not be affected by this Ordinance but may be prosecuted until final disposition by the courts. SECTION 7. EFFECTIVE DATE That this Ordinance shall be effective immediately upon the passage and approval of the City Council of the City of Cibolo, Texas. AND IT IS SO ORDAINED. 32 • PASSED AND APPROVED by a vote of 5 for to Q.S against thiOth day of J &r3e 2005. APPROVED: or Jo Sutton 4, ATTEST: ALLI I e Griffin, City 'etary PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF CIBOLO, TEXAS ON JUNE 28, 2005 33