§ 23-25. Preliminary plat.

(a)

General provisions. The subdivider shall cause to be prepared a preliminary plat along with a preliminary engineering report. The preliminary engineering report shall discuss the availability and methodology of providing water facilities and wastewater treatment to individual lots in the subdivision in addition it will include proposed street and drainage improvements, contain preliminary estimates of the costs of providing the improvements, and list the improvements that the subdivider anticipates will not have been constructed at the time final plat approval is requested. Where individual wells are proposed for the supply of drinking water to residences, the preliminary engineering report shall include the quantitative and qualitative results of sampling the test wells in accordance with § 364.32 of the Model Subdivision Rules. Where private on-site sewerage facilities are proposed, the preliminary engineering report shall include planning materials required by 30 TAC § 285.4(c), including the site evaluation described by 30 TAC § 285.30 and all other information required by the county's OSSF order. The documents must be prepared by a registered professional licensed engineer in accordance with the provisions of this chapter. Said preliminary plat shall cover all of the tract intended to be developed, at any time, even though it is intended by the subdivider or subdividers to file plats and install improvements for parts of said tract by sections or units.

(b)

Filing fees. Expenses of processing plats and other materials are substantial; therefore, payment to the city shall be made to offset administrative costs. A preliminary plat shall be accompanied by a filing fee of two hundred dollars ($200.00) per plat, plus ten dollars ($10.00) per single-family residential lot, plus one hundred fifty dollars ($150.00) per acre and decimal fraction thereof for nonsingle-family lots. No action by the planning commission shall be valid until the filing fee has been paid. This fee shall not be refunded should the subdivider fail to make formal application for final plat approval; or should the preliminary and/or final plat be disapproved.

(c)

Time for filing and copies required. The subdivider shall submit ten (10) blue or black line copies of the preliminary plat with the city manager at least ten (10) working days prior to the date at which formal application for the preliminary plat approval is made by the subdivider to the planning commission. Within this period of time, the Subdivision Review Team of the City of Eagle Pass shall review the submitted materials and provide a written response to the subdivider prior to formal application suggesting modifications to the proposal to ensure conformity with current city requirements.

(d)

Formal application. Formal application for preliminary plat approval shall be made by the subdivider in writing to the commission at an official meeting.

(e)

Replatting without vacating a previous plat. In addition to the procedures set forth in this article, any preliminary replat submitted by a subdivider shall be replatted in accordance with the conditions and procedures set forth in section 23-46 hereof for the approval of final plats.

(f)

Form and content. The preliminary plat shall be computer-drawn on sheets twenty-four (24) inches wide and thirty-six (36) inches long, with a binding margin of not less than two (2) inches on the left side of the sheet and margins on the other three (3) sides of not less than one-half (½) inch. The preliminary plat shall be drawn to a scale of one hundred (100) feet to one (1) inch. When more than one (1) sheet is necessary to accommodate the entire area, an index sheet identifying the subdivision, subdivider, the engineer, and showing the entire subdivision at an appropriate scale shall be attached to the preliminary plat as the first sheet. The preliminary plat shall show the following:

(1)

The date of preparation, scale of plat, north arrow, and direction of prevailing breeze.

(2)

Vicinity sketch or map at a scale of not more than four hundred (400) feet to one (1) inch, which shall show existing subdivisions, streets, easements, rights-of-way, parks and public facilities, and tracts of acreage in the vicinity, the general drainage plan and ultimate destination of water, and possible storm sewer, water, gas, electric and sanitary sewer connections by arrows.

(3)

The names and addresses of the following:

a.

All record owners of the land; provided, however, that (1) if the plat deals with an already developed, but unrecorded subdivision, then in that instance, such plat shall list on its face, or on an attachment thereto, the name of each owner, by block and lot number, if appropriate, who authorizes the presentment, and ultimate recordation, of the plat, and (2) such plat shall also contain the name of each owner by lot and block number, if appropriate, who does not agree to such presentment, and ultimate recordation, and that owner's property shall be expressly noted on the plat as being "excepted."

b.

The subdivider.

c.

The engineer.

d.

The surveyor.

(4)

The proposed name of the subdivision, which shall not have the same spelling, nor a similar pronunciation, to the name of any other subdivision located within the city, or within five (5) miles of the corporate limits of the city.

(5)

The name or names of contiguous subdivisions and the name or names of owners of contiguous parcels of unsubdivided land, an indication of whether or not contiguous properties are platted, and ownership in regard to the property immediately adjacent or across bounding streets on all sides for a distance of not less than two hundred (200) feet.

(6)

Any zoning district affecting the area being platted and/or any proposed changes in zoning for which application was made and ownership in regard to the property immediately adjacent or across bounding streets on all sides for a distance of not less than two hundred (200) feet.

(7)

The description of the subdivision boundary lines by metes and bounds. This shall be a definite legal description and identification of the tract being subdivided. This description shall be sufficient for the requirements of title examination and shall tie-in by bearings and distance to a known survey corner. The plat shall be a descriptive diagram to scale and shall show by reference, if applicable, that the subdivision is a particular portion or part of a previously filed plat or an original grant, which diagram and description shall be shown as being included in the subdivision, at least, all of the smallest unit of the last filed subdivision, plat, or grant, out of which the instant subdivision is divided, or so much thereof as is owned by the subdivider.

(8)

The primary control points or description, and ties to such control points to which all dimensions, angles, bearings, block numbers and similar data shall be referred.

(9)

The computed acreage of the subdivision and the subdivision boundary lines indicated by a heavy line equivalent to a No. 5 Payzant pen, which lines shall be tied by dimension to the established centerline of all existing boundary streets.

(10)

The existing sites as follows:

a.

The exact location, dimensions, name and description of all existing or recorded streets, alleys, reservations, easements or other public rights-of-way within or adjacent to the subdivision intersecting or contiguous with its boundaries or forming such boundaries, with the name of all subdivisions in which they are located.

b.

The exact location, dimensions, description and name of all existing or recorded lots and blocks (designated by number), parks, public areas, permanent structures, and other sites within or contiguous with the subdivision.

c.

The exact location, dimensions, description and flow line of existing watercourses and drainage structures within the subdivision or on contiguous tracts.

d.

The exact location of existing sewer, water and gas mains and other public utilities, if any.

(11)

The exact location, dimensions, descriptions and name of all proposed streets, alleys, the general plan, drainage structures, parks, other public areas, reservations, easements, or other rights-of-way, blocks and lots lettered or numbered consecutively, all lot and block corners and permanent survey monuments being shown, and other sites within the subdivision.

a.

All lots shall conform to section 23-69 of this chapter.

b.

The names of all proposed streets shall conform to the existing streets of which they may become extensions, or otherwise shall not duplicate or conflict with the recognized name of any other street located in the area subject to these regulations.

c.

The actual width of all streets shall be shown, measured at right angles or radially, where curved. All principle lines shall have the bearing given and deviation from the norm indicated.

d.

The exact location and designation, with proper dimensions, of all streets, alleys, parks and other areas intended to be dedicated on the plat to the public use.

e.

Proposed general plan for storm water drainage sufficiently detailed to indicate the location of drainage ditches or structures and the direction of flow.

(12)

The topographical information shall include contour lines on a basis of five (5) vertical feet in terrain with a slope of sixteen (16) percent or more, and on a basis of two (2) vertical feet in terrain with a slope of less than sixteen (16) percent.

(13)

The accurate dimensions, both linear and angular, of all items on the plat. The boundary survey on the site shall close within one in ten thousand (10,000) and the plat for record shall so show. The linear dimensions shall be expressed in feet and decimals of a foot. The angular dimensions may be shown by bearings. Curved boundaries shall be fully described and all essential information given. Circular curves shall be defined by actual length of a radius and not the degree of curve. Complete dimensional data shall be given on fractional lots.

(14)

Front building setback lines on all lots and sites. Side yard building setback lines at street intersections and crosswalk ways. In no event shall these setbacks be less than required for the present and/or intended zoning classification, as set forth in the Zoning Ordinance of the City of Eagle Pass.

(15)

Location of city limits line, in relation to the proposed subdivision, measured in a straight line from the nearest points in the city limits, the outer border of the city's extraterritorial jurisdiction, and zoning district boundaries, if they traverse the subdivision or form part of the boundary of the subdivision or area contiguous to such boundary.

(16)

A copy of the proposed and/or pre-existing restrictive covenants, if any, for the subdivision. For residential subdivisions, include the following restrictive covenants: "No more than one (1) single family detached dwelling shall be located on each lot."

(17)

One (1) of the following:

a.

Certification that the preliminary plat has been reviewed by and conforms to the requirements of the school district, the gas, electricity, water, telephone, and television cable companies, and the postal authorities. In addition, for subdivisions outside of the city limits of Eagle Pass, the subdivider shall provide certification that the plat has been reviewed by the county inspector and the sheriff's department.

b.

Certification by the subdivider that the agencies mentioned above were given at least ten (10) working days to review the proposed preliminary plat. This certification shall be in letter form and shall include the name, title, address and telephone number of the person to whom the subdivider delivered the preliminary plat for review.

(g)

Processing of the preliminary plat.

(1)

Prior to formal application to the planning commission by the subdivider, the city manager shall check the preliminary plat as to its conformity with the Eagle Pass Master Development Plan, major street plan, land use plan, zoning districts, and the standards and specifications set forth herein or referred to herein.

(2)

The city manager shall submit copies of the preliminary plat to the following for review and comment:

a.

The water works system;

b.

The city chief building official;

c.

The director of parks and recreation;

d.

The director of public works.

e.

The sanitary sewer division the water works system.

f.

The fire chief;

g.

The city attorney.

The city manager may submit copies of the preliminary plat to others for review, if he deems it necessary.

(3)

At the official meeting of the planning and zoning commission during which the subdivider makes formal written application for review of the preliminary plat by said body, the city manager shall submit to the commission a copy of the preliminary plat and data with his suggestions as to modifications, additions or alterations of such preliminary plat and data. The formal filing of the preliminary plat shall not be deemed a filing with the planning commission for the purpose of the time limits established by Local Government Code § 212.009.

(4)

Within thirty (30) days after the preliminary plat is formally submitted to the commission, the commission shall render a preliminary decision thereon. Said preliminary decision may be one (1) of the following:

a.

Conditional approval, with the provision that if no final plat of the subdivision, or a portion thereof, has been filed with the commission within a period of six (6) months from the date of conditional approval, such conditional approval shall become null and void unless an extension of time is applied for and granted by the commission. Upon approval, a subdivision inspection fee in the amount of three (3) percent of the estimated costs included as part of the engineering report.

b.

Conditional disapproval.

c.

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

Conditional approval of a preliminary plat by the commission shall be deemed an expression of approval of the layouts submitted on the preliminary plat as a guide to the installation of streets, water, sewer and other required improvements and utilities and to the preparation of the final or record plat. Conditional approval or preliminary plats shall not constitute approval of the final plat, automatic or otherwise.

Said conditional approval of a preliminary plat shall be effective for a period of six (6) months unless, prior to the expiration date, said preliminary plat is reviewed again by the commission in light of new or significant information which would necessitate a revision of the preliminary plat. If such action is necessary, said commission shall provide the subdivider with written notification. If all conditions imposed have not been met within this six-month period, the conditionally approved preliminary plat shall be considered disapproved.

(5)

If said preliminary plat is conditionally disapproved or conditionally approved with modifications, the commission shall inform the subdivider, in writing, of the reasons at the time such action is taken.

(6)

The preliminary action of the planning and zoning commission shall be noted on three (3) copies of the preliminary plat, referenced and attached to any conditions determined. One (1) copy shall be returned to the subdivider, one (1) copy retained by the planning and zoning commission, and the other copy shall be forwarded to the city manager by the chairman of the planning and zoning commission to be filed with the city secretary.

(Ord. No. 05-22, § 1, 8-2-2005; Ord. No. 07-18, § 1, 9-4-2007)