ORD 756 08/08/2006 ORDINANCE 590,SUBDIVISION REGULATIONS EFF.08.08.08
ORDINANCE NO. 7 5 6
AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF CIBOLO, TEXAS, AMENDING ORDINANCE NO.
590 AND ESTABLISHING SUBDIVISION REGULATIONS PROVIDING: POLICIES AND PROCEDURES AS
ALLOWED UNDER THE TEXAS LOCAL GOVERNMENT CODE; GENERAL PURPOSE; JURISDICTION
INCLUDING THE CITY LIMITS AND EXTRATERRITORIAL JURISDICTION; APPLICATION, PROCESS, AND
PROCEDURES, PARKLAND DEDICATION; SURVEY REQUIREMENTS; RESERVATIONS; VARIANCES; AS-
BUILT DRAWINGS; ADMINISTRATIVE RULES AND PROCEDURES; DEFINITIONS; APPENDICES; PROVIDING
OTHER PROVISIONS RELATING TO THE SUBJECT; PROVIDING FOR THE ADMINISTRATION,
ENFORCEMENT, AND AMENDMENT THEREOF; PROVIDING A SAVINGS CLAUSE AND FOR THE REPEAL
OF ALL OTHER ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, §212 of the Texas Local Government Code empowers the City of Cibolo to establish,
administer, enforce and amend Subdivision Regulations; and
WHEREAS, the City Council of the City of Cibolo, Texas deems it necessary for the purposes of the
community health, safety and welfare to enact such an ordinance; and
WHEREAS, the City Council of the City of Cibolo, Texas, pursuant to the provisions of§212 of the Texas
Local Government Code, has created appropriate regulations to be enforced therein; and
WHEREAS, the City Council of the City of Cibolo, Texas has given due notice as required under§211 of
the Texas Local Government Code relating to these provisions and has held public hearings as required;
and
WHEREAS, the City Council of the City of Cibolo, Texas has met all requirements of §211 §212 of the
Texas Local Government Code establishing and amending such an ordinance.
NOW THERFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CIBOLO, TEXAS, THAT:
ORDINANCE No. 590, Subdivision Regulations, be amended and established as attached in "Exhibit
A."
Section 1. PUBLIC NOTICE
Whereas the City of Cibolo notified the public regarding the time, place, and subject matter of public
hearings as required by the Texas Local Government Code §211 by publishing a legal notice on July 6,
2006; and
Section 2. PUBLIC HEARINGS
Whereas two public hearings were held before the public regarding the amendment and establishment
of these provisions being held before a quorum of the City of Cibolo Planning and Zoning Commission on
Tuesday, July 18, 2006 at 7:00 P.M. in the City of Cibolo City Hall and being thence held before a
quorum of the City of Cibolo City Council on Tuesday, July 25, 2006 at 7:00 P.M. in the City of Cibolo
City Hall for the purpose of providingall interested persons the opportunity to be heard concerning the
proposed amendments to Ordinance No. 590 as required by the Texas Local Government Code §211;
and
Section 3. INVALIDITY OF A PART
If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be
invalid, such decision shill not affect the validity of the remaining portions of this ordinance.
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Section 4. REPEAL
All ordinances or parts of ordinances in conflict with any of the provisions of this ordinance are hereby
repealed insofar as the same is in conflict with the provisions hereof.
Section 5. SAVING CLAUSE
All rights or remedies of the City of Cibolo, Texas, are expressly saved as to any and ill violations of any
Subdivision Ordinance or amendments thereto, of said City of Cibolo that have accrued at the time of
the effective date of this ordinance; and as to such accrued violation, the court shall have all the
powers that existed prior to the effective date of this ordinance; and that all existing or previous
Subdivision Ordinances which would otherwise become non-conforming uses under this ordinance but
shall be considered as violations of this ordinance in the same manner that were violations of prior
SubdivisionOrdinances of said city.
Section 6. EFFECTIVE DATE
That this Ordinance shall be effective upon the approval of the City Council of the City of Cibolo,
Texas.
PASSED AND APPROVED by a vote of 1-1 for, to 0 against, this 8th day of August, 2006.
SIGNED:
-moi
• Sutton, ,�1?r
of Cibolo t exas
ATTEST:
L.2....„.
Peggy Cimics, City Secretary
City of Cibolo, Texas
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"EXHIBIT A"
Ordinance No. 590
Effective August 8th, 2006
Ord. No. 590, as amended and included, as follows:
Ordinance No. 635 March 23, 2004
Ordinance No. 662 January 25, 2005
Ordinance No. 683 June 28, 2005
Ordinance No. 686 August 23, 2005
Ordinance No. August 8, 2006
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SUBDIVISION REGULATIONS
ORDINANCE NO. 590, AMENDED
TABLE OF CONTENTS
SECTION I GENERAL PURPOSE 5
SECTION II INTERPRETATION, CONFLICT, SEPARABILITY, &t VESTED RIGHTS 6
SECTION III PURPOSE AND JURISDICTION 11
SECTION IV APPLICATION PROCESS 12
SECTION V PROCESSING PROCEDURE 15
SECTION VI DEDICATION OF PARKLANDS 42
SECTION VII SURVEY REQUIREMENTS 47
SECTION VIII RESERVATIONS 48
SECTION IX VARIANCES 49
SECTION X AS-BUILT DRAWINGS 50
SECTION XI PENALTIES 51
SECTION XII ADMINISTRATIVE RULES 53
SECTION XIII DEFINITIONS 54
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SECTION I
GENERAL PURPOSE
This ordinance shall govern every person, firm partnership, association, corporation, limited
liability corporation, or other legal entity owning any tract of land in the city limits of the
City of Cibolo and its extraterritorial jurisdiction as prescribed by state law or by letters of
intent, who may hereafter divide any tract of land into two (2) or more parts for the purpose
of laying out any subdivision or any tract of land or building lots or any lots, and streets,
alleys or parks or other portions intended for public use or the use of purchasers or owners of
lots fronting thereon or adjacent thereto.
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SECTION II
INTERPRETATION, CONFLICT, SEPARABILITY AND VESTED RIGHTS
For purposes of determining a vested rights petition, no vested rights accrue solely from the
filing of an application that has expired or rejected as incomplete pursuant to this section, or
from the filing of a complete application that is subsequently denied.
A. INTERPRETATION, CONFLICT AND SEPARABILITY
1. Interpretation. In their interpretation and application, the provisions of
these regulations shall be held to be the minimum requirements for the
promotion of the public health, safety and general welfare. These
regulations shall be construed broadly to promote the purposes for
which they are adopted.
2. Conflict with other laws. These regulations are not intended to interfere
with, abrogate, or annul any other ordinance, rule or regulation, statute
or other provision of law except as provided in these regulations. Where
any provisions of these regulations imposes restrictions different from
those imposed by any other provision of these regulations, or other
provision of law, the provision which is more restrictive or imposes
higher standards shall control.
3. Separability. If any part or provision of these regulations or the
application of these regulations to any person or circumstances is
adjudged invalid by any court of competent jurisdiction, the judgment
shall be confined in its operation to the part, provision, or application
directly involved in the controversy in which the judgment shall be
rendered and it shall not affect or impair the validity of the remainder
of these regulations or the application of them to other persons or
circumstances. The council hereby declares that it would have enacted
the remainder of these regulations even without any such part,
provision, or application which is judged to be invalid.
4. Determination of vested rights.
B. VESTED RIGHTS PETITION
1. A qualified party shall be required to file a vested rights petition to
determine whether one or more standards of these subdivision and
property development regulations should not be applied to a
preliminary or final plat application by operation of state law, or
whether certain plats are subject to expiration.
2. Applicability. A vested rights petition may be filed with an application
for a preliminary or final plat application. A vested rights petition also
may be filed to prevent expiration of certain plats pursuant to this
chapter.
3. Effect. Upon granting of a vested rights petition in whole or in part, the
plat application shall be decided in accordance with the standards
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specified in the relief order based on prior subdivision requirements or
development standards, or the approved plat otherwise subject to
expiration shall be extended.
C. PETITION REQUIREMENTS
1. Who may petition. A vested rights petition may be filed by a property
owner or the owner's authorized agents, including the applicant, with a
preliminary or final plat application, or by the holder of a plat subject
to expiration pursuant to this chapter.
2. Form of petition. The vested rights petition shall allege that the
petitioner has a vested right for some or all of the land subject to the
plat application under Texas Local Government Code, chapter 245 or
successor statute, or pursuant to Texas Local Government Code, section
43.002 or successor statute, that requires the City to review and decide
the application under standards in effect prior to the effective date of
the currently applicable standards. The petition shall include the
following information and documents:
(a) A narrative description of the grounds for the petition;
(b) A copy of each approved or pending development application
which is the basis for the contention that the City may not apply
current standards to the plat application which is the subject of
the petition;
(c) The date of submittal of the plat application, or of a
development plan pursuant to which the plat was subsequently
filed, if different from the official filing date established under
this chapter;
(d) The date the project for which the application for the plat was
submitted was commenced;
(e) Identification of all standards otherwise applicable to the plat
application from which relief is sought;
(f) Identification of the standards which the petitioner contends
applies to the plat application;
(g) Identification of any current standards which petitioner agrees
can be applied to the plat application at issue;
(h) A copy of any prior vested rights determination by the City
involving the same land; and
(i) Where the petitioner alleges that a plat subject to expiration
under this chapter should not be terminated, a description of the
events, including any plat or other development applications on
file, that should prevent such termination.
3. Time for filing petition. A vested rights petition shall be filed with a
plat application for which a vested right is claimed, except that the
petition may be filed before the date of expiration of a plat subject to
expiration as provided herein.
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D. PROCESSING OF PETITION AND DECISION
1. Responsible official. The responsible official shall process the vested
rights petition. A copy of the petition shall be forwarded to the City
attorney following acceptance.
2. Decision by commission. On petition the planning and zoning
commission shall render a decision on the vested rights petition in
conjunction with its decision on the plat application, based upon the
report and recommendation of the responsible official.
3. Appeal of decision on petition. The petitioner or any interested person
may appeal the commission's decision on the vested rights petition
within ten (10) working days of the date of such decision to the City
council. An appeal under this subsection stays acceptance of filing of
any related development applications.
4. Decision by City council. The City council on appeal shall decide the
vested rights petition. The request must be accompanied by a waiver of
the time for decision on the plat application imposed under these
subdivision and property development regulations pending decision by
the council, which shall stay further proceedings on the application.
The council shall decide the petition, after considering the responsible
official's report and the decision by the planning and zoning commission
within thirty (30) calendar days of receipt of the notice of appeal.
E. ACTION ON PETITION AND ORDER
1. Action on the petition. The decision-maker on the vested rights petition
may take any of the following actions:
(a) Deny the relief requested in the petition, and direct that the
plat application shall be reviewed and decided under currently
applicable standards;
(b) Grant the relief requested in the petition, and direct that the
plat application shall be reviewed and decided in accordance
with the standards contained in identified prior subdivision and
property development regulations; or
(c) Grant the relief requested in part, and direct that certain
identified current standards shall be applied to the plat
application, while standards contained in identified prior
subdivision and property development regulations also shall be
applied; or
(d) For petitions filed pursuant to this chapter, determine whether
the approved plat should be terminated, or specify the
expiration date or the conditions of expiration for such plat.
2. Order on petition. The responsible official's report and each decision on
the vested rights petition shall be memorialized in an order identifying
the following:
(a) The nature of the relief granted, if any;
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(b) The approved or filed plat application(s) or other development
application(s) upon which relief is premised under the petition;
(c) Current standards which shall apply to the plat application for
which relief is sought;
(d) Prior standards which shall apply to the plat application for
which relief is sought, including any procedural standards;
(e) The statutory exception or other grounds upon which relief is
denied in whole or in part on the petition;
(f) For petitions filed pursuant to this chapter, determine whether
the approved plat should beterminated, and specify the
expiration date or the conditions of expiration for the plat.
F. CRITERIA FOR APPROVAL
The decision-maker shall decide the vested rights petition based upon the
following factors:
1. The nature and extent of prior plat or other development applications
filed or approved for the land subject to the petition;
2. Whether any prior vested rights determinations have been made with
respect to the property subject to the petition;
3. Whether any prior approved applications for the property have expired
or have been terminated in accordance with law;
4. Whether any statutory exception applies to the standards in the current
subdivision and property development regulations from which the
applicant seeks relief;
5. Whether any prior approved plat or other development applications
relied upon by the petitioner has expired;
6. For petitions filed pursuant to this chapter, whether any of the events
preventing expiration have occurred.
G. APPLICATION FOLLOWING RELIEF ORDER
Following the City's final decision on the vested rights petition, the property
owner shall conform the plat application for which relief is sought to such
decision. If the plat application on file is consistent with the relief granted on
the vested rights petition, no revisions are necessary. Where proceedings have
been stayed on the plat application pending referral of the vested rights
petition to the City council, proceedings on the application shall resume after
the City council's decision on the vested rights petition.
H. EXPIRATION
Relief granted on a vested rights petition shall expire on occurrence of one of
the following events:
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1. The petitioner or property owner fails to submit a required revised plat
application consistent with the relief granted within thirty (30) days of
the final decision on the petition;
2. The plat application for which relief was granted on the vested rights
petition is denied under the criteria made applicable through the relief
granted on the petition; or
3. The plat application for which relief was granted on the vested rights
petition expires
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SECTION III
PURPOSE AND JURISDICTION
1
A. PURPOSE OF REGULATIONS TO CONTROL SUBDIVISION OF LAND
The City of Cibolo does hereby adopt the following regulations to hereafter
control the subdivision of land within the corporate limits of the City of Cibolo
and within its extraterritorial jurisdiction thereof in order to provide for the
safe, orderly, and healthful development of the community and to secure
adequate provisions for traffic, light, air, recreation, transportation, water,
drainage, sewage, and other public facilities.
B. JURISDICTION
The territorial jurisdiction of this ordinance shall include all land located
within the corporate limits of the City of Cibolo and all land located within the
extraterritorial jurisdiction (ETJ) of Cibolo, as provided under the Municipal
Annexation Act. The City of Cibolo has reached an intergovernmental
agreement with Guadalupe County and the City shall be the controlling
authority in the ETJ of the City.
C. PLUMBING
All plumbing work performed in areas served by the City of Cibolo water or
sewer systems shall be performed in accordance with the City of Cibolo
ordinances and applicable State Plumbing Laws as authorized by Texas Local
Government Code, Chapter 42. All work performed shall be inspected and
approved by the city plumbing inspector.
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SECTION IV
APPLICATION PROCESS
A. SIZE OF DEVELOPMENT REQUIRED TO SUBMIT PLANS
Proposed development of over five (5) acres is required to follow the
application process for approval to develop a subdivision within the city limits
or extraterritorial jurisdiction of the City of Cibolo. Development of five (5)
acres or less, that does not include the planning or development of a new
street, is not required to submit plans for development.
B. APPROVAL OF CITY REQUIRED FOR SUBDIVISION OF LAND
It shall be unlawful for any landowner, or the agent of any landowner, to lay
out, subdivide, plat, or replat any land into lots, blocks, and streets within the
City limits of the City and its extraterritorial jurisdiction without a
recommendation for or against such subdivision by the City of Cibolo as allowed
by taw under the (Texas Local Government Code, §212). Violations shall be
punishable pursuant to this ordinance.
C. NO IMPROVEMENTS ALLOWED WITHOUT CITY APPROVAL (Ord. 687)
1. The City will make no improvements nor will the City maintain any
streets or any utility service in any addition or subdivision for which
approved preliminary and final plats are not on file with the City of
Cibolo and the County Clerk. Furthermore, no plat of a subdivision shall
be filed in the office of the County Clerk without official approval as
required by this Ordinance. Such approval shall be entered in writing
on the plat.
2. No construction work shall begin on the improvements in a proposed
subdivision prior to approval of the final plat by the City as specified by
this Ordinance. No excavation, grading or site clearing activities shall
occur prior to approval of the final plat and the construction plans.
However, limited/preliminary grading or site preparation activities (i.e.
excavation, filling, tree removal/clearing, etc.) may be authorized by
the City Manager at his/her discretion upon recommendations by the
City Engineer and the City Infrastructure Compliance Manager provided
that:
a. such request is submitted in writing and signed by the property
owner and said request states that the property owner assumes
all responsibility and liability relating to the proposed work;
b. such activities will not be detrimental to the public health,
safety or general welfare;
c. such activities are within the area of an approved preliminary
plat and all applicable conditions or stipulations relating to the
preliminary plat approval have been met;
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d. engineering and construction plans have been submitted and
approved by the City Engineer and Infrastructure Compliance
Manager prior to the commencement of the construction work;
and
e. Site Development Permit meeting the standards specified in 3.
except for subparagraph 3.b.1. below have been met.
3. A Site Development Permit is required from the City of Cibolo prior to
beginning any work in the City or the extraterritorial jurisdiction that
affects erosion control, storm drainage, vegetation or tree removal,
grading or excavation. Said permit shall be subject to the following:
a. All contractors participating in the proposed work shall be
required to meet with the City for a preconstruction conference
to discuss the project prior to release of a Site Development
Permit and before any filling, excavation, clearing and/or
removal of vegetation and trees is performed.
b. Prior to authorizing the release of a Site Development Permit,
the City Engineer and Infrastructure Compliance Manager shall
be satisfied that the following conditions have been met:
(1) The final plat has been approved by the City in
accordance with this ordinance;
(2) All required construction documents are completed and
approved by the City Engineer and the Infrastructure
Compliance Manager;
(3) All necessary off-site easements and/or dedications
required for public infrastructure have been conveyed
solely to the entity for which the improvements are to be
dedicated with the proper signatures attached. The
original documents and the appropriate filing fees shall
be returned to the Infrastructure Compliance.Manager
prior to approval and release of the engineering plans;
(4) All contractors participating in the construction work
have been presented with a set of approved plans bearing
the stamp of release by the City Engineer and
infrastructure Compliance Manager (at least one set of
these plans shalt remain on the job site at all times);
(5) A complete list of the contractors, their representatives
on the site, and telephone numbers where a responsible
party may be reached at all times must be submitted to
the Infrastructure Compliance Manager; and
(6) All applicable fees have been paid to the City.
D. NO STREET NUMBER/BUILDING PERMIT ISSUED WITHOUT COMPLIANCE
No street number and no building permit shall be issued for construction of any
building on any parcel of land subdivided unless said land has been subdivided
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in accordance with this ordinance and filed for record. Additionally, any other
required City improvements must be completed and approved by the City and
dedicated for public use.
E. WARRANTY
All improvements made, but not limited to streets, drainage, water, and sewer
improvements shall carry a one-year warranty from the date of acceptance and
dedication to the City.
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SECTION V
PROCESSING PROCEDURE (Ord. 683)
A. PRE-APPLICATION PROCEDURES
1. The applicant(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 application 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 applicant(s) or (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 applicant may be represented by
his/her land planner, engineer, and/or surveyor.
B. STATUTORY PROCEDURES
1. Land Use and Zoning Requirements
a. Within the City's Corporate Limits
(1) 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.
(2) 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.
(3) Non-compliance with the requirements of the zoning
district in which the subject property is located or lack of
proper zoning for the uses proposed on a land study,
preliminary or final plat shall constitute grounds for
denial of same.
b. Within the City's Extraterritorial Jurisdiction
(1) Property located inside the City's extraterritorial
jurisdiction is required to file an application and process
all plats through the City of Cibolo.
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(2) Such plats are required to conform to this subdivision
ordinance and any required codes adopted by the city as
allowed by L.G.C. S 212.003.
(3) The city is entitled to appropriate injunctive relief in
district court to enjoin a violation of municipal
ordinances or codes applicable in the extraterritorial
jurisdiction.
2. Classification of Subdivisions and Additions
a. Before any land is 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 (L.G.C. 5 212.004)
(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) Subdivision of a lot(s) previous platted and
recorded with the County of record may not
utilize the minor plat process.
(c) If the development of any lot within the proposed
subdivision will require dedication of right-of-way,
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.
(d) Minor subdivisions may be approved for residential
or non-residential developments/uses.
(e) Minor subdivision plat approval requires the
submission of a final plat in accordance with this
section, except that the minor subdivision may be
approved by the City Manager upon
recommendation from the City Engineer, City
Planner, and Chief Building Official. (L.G.C. §
212.0065).
(f) 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
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the Office of the City Secretary 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 Secretary. The
Planning and Zoning Commission may affirm,
modify or reverse 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 shalt
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 (L.G.C. § 245.002)
(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
recorded at the county of record.
(3) Amended Plats and Certain Replats
(a) The City Manager or their designated employee
may administratively approve certain replats and
amending plats (L.G.C. S 212.0065). For any
reason, the employee may refuse to approve the
plat, but in such case, the plat must be presented
to the Planning and Zoning Commission or
governing body or both, as required, for their
consideration (L.G.C. S 212.009).
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(b) An applicant may submit an amending plat
application for administrative approval to amend
and correct errors, omissions and minor
adjustments (L.G.C. § 212.016).
(c) An applicant may submit a replat application
when it does not require the creation of any new
street or the extension of municipal facilities
(L.G.C. §212.045) and does not otherwise conflict
with L.G.C. §212.014 and 212.0145.
(d) All submittals shall comply with the application
requirements of a final plat as proscribed by this
section.
3. Submission Requirements
a. Applications for consideration of any plan/plat shall be made by
the applicant in writing along with all information required by
the City of Cibolo and this section. All fees will be paid at the
time of application with the exception of some engineering fees,
which shall be billed to the applicant as they are received by the
City from its engineer. Nofinal plat shall be recorded and no
construction permit issued until all such fees are paid in full.
b. 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,
application and fee schedules and other similar items. Forms
and paperwork shall be made available City Manager, or their
designee.
c. The applicant shall submit all applications, checklists, copies,
originals, fees, reports, plans, plats and all other information
necessary for review and consideration by this section, City
policies and procedures, the Planning and Zoning Commission
and/or the City Council, as required.
d. 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 and Processing Procedure
a. For the purpose of these regulations, the date upon which a
application is submitted for a land study or any type of plat or
plan, that contains all required elements mandated by the Texas
Local Government Code, S 212.004 and by this Ordinance, is first
filed with the City of Cibolo shall constitute the official
submission date for the application as determined by the
submittal deadlines established by the policies and procedure of
3.b. above. For plats, this official application deadline date
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shall initiate the statutory period for application completeness.
(L.G.C. S 245.002)
b. No application shall be deemed filed until the City Manager, or
their designee, determines that the application package is
complete. Completeness of an application does not deem the
application accepted by the City for action by the Planning and
Zoning Commission and City Council, if required. The City
Manager or their designee and the City Engineer will determine
that all required information is provided relative to the
application submitted. Incomplete submittals shall be rejected.
Applications are deemed rejected when a permit application
expires on or after the 45th day after the date the application is
filed (as determined by 4.a. above) if the applicant fails to
provide documents or other information necessary to comply
with the city's technical requirements relating to the form and
content of the application.) Such application packages will not
be considered by the Planning ft Zoning Commission or the City
Council when an application is rejected. (L.G.C. § 245.002
c. The City Manager, or their designee, shall notify the applicant in
writing as to the status of an application being reviewed
pursuant to b. above. (L.G.C. 5 245.002)
d. The statutory requirements of Texas Local Government Code,
Section 212.009 are deemed to officially_ begin upon acceptance
of the application for scheduling at the Planning and Zoning
Commission and/or City Council, if required under this ordinance
section. Acceptance of an application in no way impairs the
ability of the City to require compliance with technical
requirements relating to the form and content of an application.
(L.G.C. S 245.002.a1)
e. The Planning and Zoning Commission shall review all plats as
designated in this section and make its final determination or
recommendation to the City Council, if required. The applicant
shall appear in person, by agent, or by attorney at the meeting
when the plat is reviewed. The City Council will review and act
on the plat if the plat is recommended for approval by the
Planning and Zoning Commission, when required. (L.G.0 §
212.009)
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;
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(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 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 land study shall be submitted to the Planning and Zoning Commission
and City Council for review, evaluation, and approval in the following
circumstances:
a. 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;
b. In conjunction with a development plat; or
c. In any case where a road is to be established or realigned.
2. Purpose
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
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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 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 (unless otherwise
approved by the City Planner) 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/ 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.
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(i) Depiction of all contiguous holdings of the
property owner(s);
(j) Existing uses of the subject property;
(k) Existing buildings located on the subject property;
(l) 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
lot 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
existing or 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 five foot (5') 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
and any known environmentally sensitive areas
relative to wetlands, endangered or otherwise
listed specie, archeological indicators, soils and
slope analysis.
(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
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(x) Designation of those areas within the subject
property covered by tree canopy areas of ten
thousand (10,000) square feet or more.
(y) Phase I Studies (written and descriptive reports)
on the following issues: Traffic Impact Analysis.
Environmental Study, Soils Study, and an
Engineers report regarding the sites development,
drainage areas, and connection to any utilities.
These reports will also address conformance to
the Master Plan, Future Land Use Plan,
Thoroughfare Plan, Parks Plan, Land Subdivision
Ordinance, Zoning and other applicable
ordinances of the City.
(z) Other information as requested particular to the
site/project or adjacent property/development.
(3) Procedures and Conditions
(a) The required number of copies of the proposed
land study and reports shall be submitted per the
City's submission guidelines, as may be amended
from time to time 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 supplement the 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
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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 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 the 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
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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
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 applicant 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
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 applicant 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 applicant on changes deemed advisable and
the kind and extent of improvements to be installed by the
applicant, the Planning and Zoning Commission shall act on the
preliminary plat as it was submitted or as modified. Said action
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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.
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.
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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.
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;
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(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;
(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: the title under which the proposed subdivision is to
be recorded, the name and address of the
owner/applicant, 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;
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(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, culverts, existing structures, and
drainage area in acres or area draining into subdivisions.
(20) A tree survey indicating all trees six inch DBH (6") to be
preserved and removed, their DBH in inches, their
botanic and common names, and their location clearly
represented on a topographical survey. A table on the
survey shall enumerate each tree. Building setbacks shall
be indicated as well as street pavement area and right- -
of-way. A grading plan shall accompany the tree survey
with all trees located.
(21) An engineers report indicating any known/studied
environmentally sensitive areas relative to wetlands,
endangered or otherwise listed specie, archeological
indicators, soils, and slope analysis.
(22) Phase II Studies (written and descriptive reports) on the
following issues: Traffic Impact Analysis, Environmental
Study, Soils Study, Drainage Study and an Engineers
report regarding the sites development and connection to
any utilities. These reports will also address
conformance to the Master Plan, Future Land Use Plan,
Thoroughfare Plan, Parks Plan, Land Subdivision
Ordinance, Zoning and other applicable ordinances of the
City.
(23) Proposed phasing of the subdivision;
(24) 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;
(25) Proposed or existing zoning of the subject property and
all adjacent properties;
(26) 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;
(27) Statement that the subject property is owned by the
applicant;
(28) 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.
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(29)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.
(30)Note: Approval shall not be deemed to or presume to give
authority to violate, nullify, void, or cancel any provisions
of local, state, or federal laws, ordinances, or codes.
(31)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
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
a. Approved preliminary plats shall expire two (2) years from the
date of the first application if no progress has been made toward
the completion of the project (L.G.C. S 245.005 (a) and (b).
Otherwise, a preliminary plat shall be valid for a period of five
(5) years from the date of the first plat application.
b. Within two (2) years from the first application 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. Projects filed prior to April 27, 2005 shall expire five (5) years
from the date of the first project application (L.G.C. S 245.004
(b).
d. 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 no petition for extension of an
approved preliminary plat is submitted by the property
owner/applicant and no 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.
e. 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/applicant 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
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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.
f. 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 up to a one (1) year extension to the plats
expiration period, not to exceed two years overall with a
subsequent request. Up to two (2) extensions may be approved.
E. PROCEDURES AND SUBMISSION REQUIREMENTS FOR FINAL PLAT APPROVAL
The following requirements apply to all final plats, replats, minor plats,
vacating plats, and amending plats. In the case of amended and minor plats,
staff may review and approve amended and minor plats when they meet the
conditions of the Texas Local Government Code, § 212 and as indicated in
Section V, B, 2, a, (1).
1. Procedures
a. The final 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 improvements have been prepared by the
applicant and submitted to the City for review and approval by
the City Engineer.
b. A final plat shall not be submitted prior to approval of a
preliminary plat, unless submittal of consecutive plats is a
"qualified economic development project" as allowed by the
Economic Development Policies of the City.
c. Certificate of No Tax Delinquency
At the time that an application for a final plat is filed with the
City, the applicant shall also file a certified tax certificate
showing that all taxes have been paid on the subject property
and that no delinquent taxes exist against the property.
d. The final 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.
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e. The final 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. 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 more time to correct deficiencies, address
concerns, or otherwise improve the plat pursuant to the City,
State, or Federal requirements and regulations. After receipt of
the waiver 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 final
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 final approval and following preliminary acceptance of all
required public improvements, the applicant shall return copies
of the final plat, as approved, with any other required
documents and necessary fees attached thereto to the City
Manager, or designee, in accordance with the requirements
established by the City. All necessary filing materials, including
mylars, reductions, and/or copies, as required by the designated
county clerk, in addition to a computer disk containing the
digital plat files in an AutoCad and PDF file format, shall be
returned to the City with the required fees. The City shall file
the final plat within thirty (30) days at the office of the
designated county provided that all requirements have been
satisfied.
Timing of Public Improvements
(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
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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 final plat approval and the necessary
assurances for completion of the improvements shall be a
stipulation of approval of the final plat. Said assurances
shall be as specified 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 within this
ordinance, 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:
i. A cash escrow with the City;
ii 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;
iii 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 applicant may be permitted to
draw funds to make payments towards the
construction of the improvements as
progress is verified; or
iv 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 associated
with the subdivision. The security shall be subject
to the approval of the City Attorney.
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(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,
water, wastewater and drainage improvements
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 pursuant to this
ordinance.
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;
(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
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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 final plat and
associated construction plans shall show the following:
(1) Vicinity or location map that shows the location of the
proposed final 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;
(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 top right hand corner of the plat
and associated construction/engineering plans that show:
the title under which the proposed subdivision is to be
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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) Required building setbacks;
(19) Statement that the subject property is owned by the
applicant;
(20) 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;
(21) Special 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.
(22) Note: Approval shall not be deemed to or presume to
give authority to violate, nullify, void, or cancel any
provisions of local, state, or federal laws, ordinances, or
codes.
(23) Note: The City of Cibolo reserves the right to rename
streets and/or change house numbers due to
incompatibility with existing name layout, emergency
vehicle response, and mail delivery.
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(24) 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.
(25) All certificates and signature blocks as required by the
City of Cibolo.
e. Engineering/Construction Plans
(1) Along with the final plat application, the applicant shall
cause to be prepared and shall submit the required
signed and sealed copies of an engineering report, 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.
(2) 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.
(3) The applicant 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.
(4) Construction/engineering plans shall be prepared by an
engineer licensed to practice in the State of Texas. All
plans and reports shall be signed and sealed by the
engineer.
(5) 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,
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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.
(6) 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.
(7) The engineering/construction plans shall be valid for a
period of one (1) year after the first application 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 if no construction has occurred. In no case shall
an extension occur more than twice.
(8) If no significant progress has been made toward the
completion of the project within two (2) years from the
first application date of a final plat, the plat shall expire
and become null and void. Within five (5) years from the
first application date of a final plat the required
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. (L.G.C. § 245.005 (a) and (b).
f. Guarantee of Improvements to City
(1) The City Engineer shall be satisfied that the applicant 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 city requires such
security as item the form of a performance bond equal to
the estimated cost of the improvements to secure the
estimated cost of such improvements in order to insure
the orderly development within any subdivision.
(2) It is expressly understood that as a condition to the
approval of said subdivision, no Building Permits will be
issued 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 this section.
3. Policy Statements
The City Secretary shall keep on file current written City policies
concerning:
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a. The policy of the city regarding any participation,
reimbursement, or arrangements for future repayment to the
applicant for the cost of street, utilities, drainage, and other
improvements.
b. The policy of the city regarding street appurtenances (lights,
signs)
4. Pre-Construction Conference
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 an appointed representative and anyone concerned with the
development of the subdivision.
5. Inspection and Acceptance of Public Improvements
a. 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 applicant's engineer, and shall be subject to
approval by the City Engineer. If the Infrastructure Compliance
Manager finds 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.
b. Acceptance of Public Improvements
(1) Preliminary Acceptance (Part I)
(a) 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 Infrastructure Compliance Manager in three
(3) copies with required supporting documents as
specified in the "Developer Petition for
Preliminary Acceptance of Public Improvements."
(b) 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
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provided that the applicant 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.
(2) Final Acceptance (Part II)
(a) 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.
(b) 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 improvements in good
condition and has corrected any and all
deficiencies specified in the Preliminary
Acceptance procedure.
(c) 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 final 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
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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
Secretary.
(b) When all of the listed discrepancies have been
corrected the owner shall request re-inspection by
the City Engineer and Infrastructure Compliance
Manager. The developer shall pay all re-
inspection costs prior to acceptance by the City
Council.
(c) When inspection or re-inspection reveals that all
plans and specifications have been complied with,
the City Engineer shall complete the final
acceptance certificate shall forward three (3)
copies with supporting papers to the City
Secretary for consideration by the City Council at
its next regular meeting.
(4) Compliance Affidavit
An affidavit from the applicant stating that to the best of
his information and belief, the contractor(s) has complied
with the regulations contained in this chapter.
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SECTION VI
DEDICATION OF PARK LANDS
Prior to approval of a planned development or a final plat, each applicant shall be required to
dedicate public park land, contribute cash or park improvements in lieu of land dedication, or
any combination thereof as determined by the City Council
A. DEFINITIONS
For the purpose of this Section, certain words and terms are hereby defined;
terms not defined herein shall be construed in accordance with this Subsection
and the City Zoning Ordinance, as amended, other codes and ordinances, or
their customary usage and meaning:
1. Minor Subdivision means any residential subdivision or residential
portion of a subdivision five (5) acres or less that does not include the
planning or development of a new street.
2. Major Subdivision means any residential subdivision or residential
portion of a subdivision greater than five (5) acres.
3. Park Improvements means any public improvements, which directly
attribute to the development of parkland for the enjoyment and use by
the public. Such improvements may include, but shall not be limited to
the following:
a. Curb/gutter and one-half (1/2) paving section costs bordering all
park land;
b. Water/sewer line costs bordering all park land; and
c. Landforms created by the applicant or developer.
4. Holding Costs are any and all costs incidental to the respective tract of
land borne by the respective landowner.
B. CRITERIA FOR PARK LAND DEDICATION
1. Eligibility of Subdivisions for Parkland Dedication
a. Minor Subdivision - The developer of any subdivision classified as
a minor subdivision shall not be required to dedicate parkland.
The developer of minor subdivisions shall pay a cash contribution
in lieu of parkland dedication. Applicants may address an appeal
to the City Council relative to cash contributions, and where
undue hardship can be proved by the applicant, the City Council
may mitigate the amount of contribution required by the
applicant.
b. Major Subdivision - The developer of any subdivision shall be
required to dedicate public park land or a cash contribution in
lieu of park land dedication as determined by the City Council.
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If a cash contribution is selected by the City Council it shall be as
set according to the fees established by the City.
2. Land Dedication Guidelines
a. A applicant or developer who is required to dedicate parkland
shalt make a total land dedication of at least eight (8%) percent
of the total tract, excluding any commercial or industry land
uses that may be in the tract. The City Council shall determine
the suitability of the subject tract pursuant to recommended
dedication criteria.
b. On subdivisions of more than one section or phase, Land
dedication shall be made prior to the first phase reaching
seventy-five (75%) percent of built-out (completion) or before a
second phase is requested for final plat approval, whichever is
occurs first.
3. Location and Size
The Parks element of the Master Plan adopted by the City Council of
Cibolo shall be used as a guide for location of park sites. All land
intended for park purposes shall be inspected both on the plat and in
the field by the Parks and Recreation Commission relative to suitability,
size, potential use, and the physical characteristics of the site. The
Parks and Recreation Commission shall make a recommendation to the
City Council regarding acceptance or rejection of parkland. Parkland
dedication shall be consistent with the Parks and Recreation Master
Plan. Where adjacent subdivision projects join together to create a
park tract of at least twenty (20) or more acres, individual dedications
of Less than that specified by the Parks and Recreation Master Plan may
be accepted by the City with a development agreement between the
parties. The final decision on acceptance of parkland shall be made by
the City Council.
4. Parkland and Facilities Credit
Applicants may be allowed a credit against the parkland dedication
requirement when improvements, such as recreational facilities are
provided for the use of the public, as approved by the City Council,
However, any allowed credit for improvements or recreational facilities
shall be credited no more than twenty percent of the overall parkland
dedication requirement of the project. Furthermore, the overall
parkland dedicated must be contiguous through the development and
reasonably located so as to provide reasonably equal access to all
residents utilizing the facility.
C. CRITERIA FOR CONTRIBUTIONS IN LIEU OF PARK LAND
1. Cash Contributions
a. The City Manager or their designee may accept cash
contributions in lieu of park land when such contribution is
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consistent with the intent of the Parks and Recreation Master
Plan and this ordinance.
b. Where the City Manager rejects such contribution, the applicant
may appeal the decision of the City Manager to the City Council
after recommendation from the Parks and Recreation
Commission. A letter from the applicant stating the reasons and
circumstances for the appeal must be delivered to the City
Secretary no more than ten (10) days from the date of the City
Manager's decision. The appeal must be placed on an agenda of
the City Council within thirty (30) days from receipt of the
appeal. The applicant or their representative must attend the
appeal hearing before the City Council.
2. Deposition of Cash Contributions
All cash contributions shall be received by the City Manager or a
designee. The City shall deposit said funds directly into a special Park
fund, as established by the City Council of Cibolo.
3. Park Improvements in Lieu of Park Land
The Parks and Recreation Commission may recommend to the City
Council that an applicant provide publicly dedicated park improvements
in lieu of the parkland equivalent of the cash contribution herein or the
appraised value of the project land per acre, whichever is greater
4. AU improvements shall be subject to adopted City specifications and
codes. The City Council shall promulgate such specifications, especially
in the case of park and playground equipment.
5. All public improvements made by the applicant may be given credit
towards the suggested park contribution according to:
a. The actual cost the city would have to pay for the equivalent
park and playground equipment improvements at such time
improvements is made.
b. The cost of improvements to provide utilities specifically to the
park only where similar services are not provided to adjacent
acreage by the development.
6. Combinations of Contributions in Lieu of Park Land
Where there is a combination of contributions considered by the
applicant, the Parks and Recreation Commission may recommend to the
City Council that an applicant make a contribution of parkland, cash,
and/or park improvements. Determination of exact contribution
amounts shall be determined by the Parks and Recreation Commission
and recommended to the City Council or as proscribed in this section.
7. Letter of Credit
An irrevocable letter of credit equivalent to the dedicated park land
assessed value shall be given to the City Manager or designee prior to
final plat recordation. The issuer and form of said letter shalt be
subject to the approval of the City Council.
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8. Reservation of Additional Park Land
In the event that the Master Plan for the City specifies a larger amount
of parkland in a subdivision or planned development than the applicant
or developer may be required to dedicate, the land required beyond the
respective contribution shall be reserved for subsequent acquisition by
the City. The may choose to locate the park in another location within
the vicinity that will similarly serve,the needs of the public.
9. City May Elect to Hold Such Land By:
a. Purchasing an option to buy the property for a period of time
and at a price as agreed upon by the City and applicant.
b. Indemnifying the land owner for all holding costs for a period of
time, said costs and time period to be agreed upon by the City
and applicant .
10. If the City and the applicant cannot agree on criteria for contributions
in lieu of park land, then the City may elect to prohibit any
development or improvement to the proposed parkland for a period not
to exceed six (6) months, during which time the City shall use
reasonable and diligent efforts to acquire the necessary funds or
financing to purchase the subject tract or otherwise utilize tools at
their disposal to take action on acquiring the land for the city. No
provision herein shall in any way be construed as a limitation of the
city's authority to acquire parkland by eminent domain.
11. Land Treatment
Upon preliminary platting of the parkland by the applicant dedicating
the park land to the City, the applicant shall not cause or allow any fill
material or construction debris to be dumped on the land, or otherwise
alter, damage or impair the land, water or vegetation on the park site,
without written permission from the City Council. The City Council may
allow the applicant to fill the site with fill materials as designated by
the City and take other respective actions specified in this subsection
when such action would be beneficial to the park land. In such cases,
the City Manager or designee shall provide a letter to the respective
applicant or developer stating the allowed materials and the degree of
change allowed within the park site.
12. Transfer of Land
a. The area to be dedicated as parkland shall be shown on the final
plat as "Parkland Dedicated to the City of Cibolo" with the
respective acreage of the parkland also shown. Dedication of
parkland shall be included in the narrative portion of the plat
where the applicant dedicates all easements, rights-of-way,
etc., to the City of Cibolo.
b. The City Attorney shall prepare a warranty deed for the parkland
depicted on the final plat that contains the dedicated park land,
attaching a metes and bounds description of the land dedicated
for the publicly dedicated park as provided by the applicant, and
which shall be signed by the developer on or before the
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subdivision is fifty (50%) percent built out (completed) or before
a second phase is requested for final plat approval whichever
occurs first.
13. Payment of Fees in Lieu of Land
a. The applicant(s) shall pay the current park fees established by
the City of Cibolo.
b. The applicant(s) shall pay any cash contributions to the City
prior to recordation of a final plat
c. Should the applicants) divide the subdivision into sections, the
fee for the entire subdivision shall be prorated by the number of
sections in the subdivision, and the fee attributable to each
section shall be paid prior to recordation of the final plat and/or
at building permit as established by the City of Cibolo.
14. Underground Utilities
All utilities in parkland shall be underground unless a variance is granted
by the City.Council.
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SECTION VII
SURVEY REQUIREMENTS
A. PLACEMENT OF MONUMENTS
Monuments, consisting of one-half (1/2") inch iron pipe or one half (1/2") inch
reinforced steel or larger, twenty-four (24") inches in length, shall be placed at
all corners of the block lines, and at the point of intersection of curves and
tangents of the subdivision.
B. BENCHMARKS
At least one (1) benchmark for each subdivision shall be permanently installed
in an approved manner, with the location and the elevation as shown on the
plat. Permanent bench marks shall be five (5') feet long concrete posts six (6")
inches in diameter with the top to be at least twelve (12") inches above
finished grade.
C. LOT MARKERS
Lot markers shall be metal at least twenty-four (24") inches in length, with
visible marker caps on top, placed at each corner of all lots, flush with the
average ground elevation, or they may be countersunk, if necessary, to avoid
being disturbed. The developer or applicant is responsible for maintaining
these markers.
D. GEOGRAPHIC POSITION
All survey benchmarks shall be tied to Geographic Positioning System (GPS)
survey datum as specified by the City.
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SECTION VIII
RESERVATIONS
A. PERMITTED PURPOSES
No land contained within the City Limits and in a proposed subdivision shall be reserved
for any use other than a use permitted by the Zoning Ordinance for the district in which
the land to be reserved is located. Land located in the extraterritorial jurisdiction is not
subject to City zoning restrictions, but must follow the regulations of the Subdivision
Ordinance and any required building codes adopted by the city and as allowed by the
Texas Local Government Code.
B. DESIGNATION ON PLAT
The specific use for which each piece of land is to be reserved must be shown by
appropriate label or description on the subdivision plat. Provision for future abandonment
of a reservation as may be appropriate must likewise be shown on said plat. Vacation of a
previously dedicated easement or right-of-way must likewise be indicated as a vacating
instrument on the plat.
C. SCHOOLS
The location and size of school sites shall be in accordance with the City of Cibolo Master
Plan and with the requirements of the Universal City-Schertz-Cibolo Independent School
District.
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SECTION IX
VARIANCES
A. VARIANCE REQUEST PROCEDURE
All variance requests will be processed in accordance with the latest Variance Request
Ordinance.
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SECTION X
AS-BUILT DRAWINGS
A. AS-BUILT DRAWING REQUIRED
The engineer representing the applicant shall present to city Public Works Department
five (5) original copies and one (1) reproducible copy of the complete "as-built drawings"
for all paving, drainage structures, water lines, sewer lines or other facilities, such as lift
stations within thirty (30) days after completion of the development.
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SECTION XI
PENALTIES
A. VIOLATION OF ANY PROVISION OF THIS ORDINANCE
Violation of any provision or provisions of this Chapter by any applicant shall constitute a
Class C misdemeanor and upon conviction of such violation in Municipal Court of the City
of Cibolo, shall be punishable pursuant to this ordinance.
B. OTHER LEGAL REMEDIES
1. No conviction or convictions under the penal provision of this Chapter, or Article 427
B, Texas Penal Code, shall ever be considered as any bar to any injunctive or other
legal remedy, relief, right or power existing in the City of Cibolo, Texas, to enforce
the application and provisions of this Chapter by virtue of the Constitution and laws of
the State of Texas.
2. The City of Cibolo shall also gain compliance according to L.G.C. §212.018
Enforcement of Platting Regulations in the latest edition of the 'Texas Municipal Law
and Procedure Manual."
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SECTION XII
ADMINISTRATIVE RULES
A. Authority
The City Planner or designee is authorized to create and interpret
Administrative Rules and provide written opinions of same. The City Planner or
a designee shall create appropriate rules, which contain policies, criteria and
standards and shall be responsible for making determinations on the
application and interpretation of same,. Administrative rules apply and are the
implementation of the ordinances and policies of the City. This ordinance shall
cause these Administrative Rules to be prepared, interpreted, and enforced
administratively.
B. Adoption
Administrative Rules are hereby established and adopted as an enforceable
administrative element of this ordinance.
C. Administrative rules may contain:
1. Design and construction standards and/or manuals;
2. Policies; and Guidelines;
3. Application deadlines and schedules;
4. Fees and fines;
5. Applications;
6. Checklists;
7. Interpretations;
8. Processes; and,
9. Other information as deemed necessary to enforce, interpret or explain
the ordinances and provisions of the City of Cibolo and protect the
health, safety and welfare of the community.
D. Amendments to Administrative Rules
1. Administrative Rules of the City may be updated or amended from time
to time. It is the responsibility of the applicant to be aware of any
changes. Administrative Rules are available through the City Secretary,
the Building Official, and the City Planner's offices.
2. Notice of amendments to Administrative Rules shall be posted for ten
(10) calendar days prior to their effective date. Posting shall occur at
City Hall on the City's Official Bulletin Board or at the City Building
Inspections window indicating where the document is available for
review. When available, such notice will be placed on the City's web
site.
3. The City Planner or designee and the City Secretary shall maintain a
copy of all Administrative Rules which will be updated as amendments
occur.
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4. Amendments are automatically enjoined , have the full authority of this
ordinance and become effective via these administrative rulemaking
procedures.
E. Appeal of Determination
An applicant may appeal the determination of the City Planner or designee to
the City Manager, showing cause for their appeal in writing within 10-days of
the City Planner's determination, The City Manager will make a determination
regarding the appeal within 30-days. The decision of the City Manager may be
appealed to the City Council in writing within 10-days of that determination.
All appeals shall be delivered to the City Secretary's office. Appeals to the
City Council will be placed on an agenda within 30-days. The decision of the
City Council is final.
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SECTION XIII
DEFINITIONS
For the purpose of this ordinance, certain terms and words are hereby defined. Terms not
defined herein shall be construed in accordance with the Zoning Ordinance and/or customary
usage in municipal planning and engineering practices.
1. ALLEY - A minor public right-of-way which provides a secondary means of vehicular
access to abutting property and which is used primarily for vehicular traffic to the
rear or side of properties which otherwise abut on a public street as that term is
defined herein.
2. APPLICANT- A person or agency dividing or proposing to divide land so as to create
a subdivision as that term is defined herein.
3. BUILDING HEIGHT- Measured from the finished floor elevation of the foundation to
the uppermost roof ridgeline.
4. CERTIFICATE OF SERVICEABILITY - A document issued or provided by the City
Engineer certifying that a proposed subdivision meets all provisions of the
subdivision ordinance and, if not, Listing such deficiencies. Such document shall
also certifies that the proposed subdivision can be adequately served with water
and sewer in accordance with the existing capacity of the City's water and sanitary
sewer system. The cost of the engineer's review will be borne solely by the
applicant who will be billed when the City receives its statement from its
engineer.
5. CITY- The City of Cibolo, Texas
6. CITY ENGINEER- A duly qualified and licensed engineer hired by the City, either
full-time or on an "as needed" consulting basis.
7. CUL-DE-SAC -A short minor street having but one vehicular access to another
street and terminated by a vehicular turnaround that has adequate turning
movements for emergency vehicles with a minimum radius of fifty (50) feet.
8. EASEMENT: A right granted for the purpose of use across, over, or under private
land, used primarily for utilities.
9. EXTRATERRITORIAL JURISDICTION (ETJ) - That area adjacent to the corporate
limits of the city in which the city is authorized to control subdivisions, among
other things, as prescribed or defined by law, including letters of intent.
10. GENERAL PLAN -A map or plat designed to illustrate the general design features
and street layout of a proposed subdivision to be developed and platted in sections
11. GREENBELT - A natural or relatively undeveloped area near or surrounding an
urban area which remains undeveloped through restrictions on building.
Greenbelts typically provide a buffer between differing land uses, preserve the
natural features of an area, or provide recreation space. Greenbelts tend to be
linear and are thus ideal sites for trail development.
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12. IMPROVEMENTS- The construction of waterlines, sanitary sewer systems, streets
and other infrastructure necessary to support the development of land for use by
it's occupants.
13. MAJOR STREET- A principal traffic thoroughfare, which continues, or is intended to
continue, across the city and which serves to connect remote parts of the city. It
may also be a principal connecting street to State or Federal Highways.
14. MAJOR SUBDIVISION - Requires the full development, including, but not limited to,
provisions for water, electrical and sewer service. (Subdivides more than five (5)
acres.)
15. MASTER PLAN - Overall plan for development for the city; includes plans for land
use, housing, water, wastewater, etc. for the future population.
16. MINOR OR RESIDENTIAL STREET- AU streets not otherwise indicated.
17. MINOR SUBDIVISION - Areas where water, electrical and sewer services are already
provided and only building specifications are required. (Subdivides five (5) acres
or less.)
18. OPEN SPACE - Land, water, and atmosphere, private or public, predominately
natural and undeveloped.
19. PARKLAND - Land designated for recreational use or open space as determined by
the City Council.
20. PLANNING AND ZONING COMMISSION - Planning and Zoning Commission of the City
of Cibolo, Texas.
21. PLAT - A drawing, or chart of the proposed subdivision. It shall include the plan,
plat, or replat, both singular and plural except where the subdivision ordinance
specifically refers to a replat.
22. REPLAT - A plat that has been redesigned from the original submitted plan.
23. REVISED PLAT - A resubmitted plat including all revisions as required by the City.
24. REVISED PRELIMINARY PLAT- A plat, which has been previously submitted and is
being resubmitted with, changes.
25. SECONDARY OR COLLECTOR STREET - A continuous street through several
residential districts intended as a connecting street between residential districts
and major streets or business districts.
26. SETBACK- Distance between a property line and a structure.
27. SHALL OR MAY - Shall is always mandatory. May is merely directory.
28. SUBDIVISION - Any lot, tract, or parcel of land divided into two or more lots or sites
for the purpose of sale, building development, or transfer of ownership, whether
immediate or future. The following shall be defined as subdivision: testamentary
division of property, partnership division of property upon dissolution, or division
of property between two (2) or more owners of an undivided interest by court
order. Division of land into parcels of five (5) acres or more shall not be included
within this definition of subdivision, unless any such subdivision of five acres or
more includes the planning or development of a new street.
29. SURVEYOR - A State licensed land surveyor or registered public surveyor.
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30. UTILITY - Includes water, sanitary sewer, electrical telephone, natural gas, CATV,
storm sewer, and all other services as determined by the City of Cibolo. All
utilities shall be located within the required easement as defined above.
NOTE: All appendices formerly attached to this ordinance are now Administrative Rules contained in
separate manuals.
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