§ 23-36. Processing of the final plat.

(a)

Preliminary plat required. No final plat shall be considered unless a preliminary plat has been submitted to the commission for its consideration and approval with possible recommendations. However, if a previously approved final plat has been duly recorded and the subdivider wishes to increase the size of the lots by combining two (2) or more lots or by combining one (1) lot with a portion of the adjacent lots, in such manner that no portion of a lot remains smaller than the original lots, no preliminary plat will be necessary, but the subdivider shall adhere to the conditions set forth herein for the submission of a final plat and replatting without vacating the previous plat.

(b)

Submission of final plat. As soon as practicable after the subdivider is notified of the approval of the preliminary plat by the commission, but in no event later than six (6) months from the date of conditional approval of his preliminary plat, the subdivider or his engineer shall submit to and file with the city manager:

(1)

The original and ten (10) blue or black line copies of the final plat, resubdivision plat or replat, together with the specifications set forth herein;

(2)

Accompanying data as provided under section 23-35;

(3)

Detailed cost estimates as required herein;

(4)

A written or illustrative description incorporating the final plat to the existing master plan of the City of Eagle Pass;

(5)

Any other required information as provided by the commission or the city manager.

(6)

Payment of any required fees or administrative costs.

If the subdivider fails to submit the final plat to the city manager within the time period set forth herein, the approval of the commission of the preliminary plat shall become null and void unless an extension of time is applied for and granted by the commission.

(c)

Review of submissions.

(1)

The city manager shall check the final plat as to its conformity with the Eagle Pass Development Plan, major street plan, land use plan, zoning districts and the standards and specifications set forth herein or referred to herein before presenting same for final approval to the commission and thereafter to the city council.

(2)

The city manager shall submit copies of the final plat and data as required by subsection 23-35 to the following for review and comment:

a.

The water works and sewer system;

b.

The Chief Building Official of the City of Eagle Pass;

c.

The director of parks and recreation;

d.

The public works director;

e.

The fire chief;

f.

The city attorney.

(3)

Procedure for securing letters of certification. The data shall be reviewed by the appropriate agency within thirty (30) days. When a department or agency specified in section 23-35 determines that the proposed plat or any required accompanying data does not conform to the requirements of this chapter, the agency shall so notify the applicant for plat approval. The applicant may, at his option, revise any nonconforming aspects. The agency may, at its option, extend the review period for a maximum of an additional thirty (30) days. Within no later than sixty (60) days from the date of submission, the appropriate official shall issue a letter of certification giving approval or indicating the section and specific requirement of the subdivision regulations, and the respect in which the proposed plat does not comply. The plat may, at the request of the applicant, be formally filed with the commission accompanied by a letter requesting a variance as specified in section 23-11 herein. Letters of certification shall remain valid for a period not to exceed six (6) months from date of issuance.

(d)

Application for final plat approval.

(1)

Formal request. A formal written request should be submitted to the city manager in substantially the same form as Exhibit "11".

(2)

Attached documents. The following documents must be attached to the written request:

a.

Certificates and letters of certification.

1.

Tax certificate: A certificate from the city tax collector and from the proper official of other taxing agencies within whose jurisdiction the proposed subdivision lies to the effect that all ad valorem taxes have been paid on the land included within the subdivision.

2.

Certificates concerning utilities:

i.

Water Works System of Eagle Pass. Letter of certification from the city water works board of trustees and, in addition, if applicable, other approved water purveyors, stating that adequate service is available to the subdivision or stating that adequate service is not available to the subdivision. In addition thereto, a letter of certification from the water works general manager stating whether the water facilities meet the requirements of section 23-67 and whether the wastewater facilities meet the requirements of section 23-66 and whether the final engineering report meets the requirements of section 23-35(a)(4)c.

ii.

Gas and electric companies. Letters of certification from the gas and electric companies will be furnished for subdivisions within the service areas of such companies. Letters will certify that adequate service is available and that the proposed subdivision plats and utility layouts have been approved or disapproved.

3.

Certificate of the department of public works: Letter of certification from the department of public works stating that the department has received and approved or disapproved the data required by section 23-35.

4.

Certificate of the fire department: Letter of certification stating that the fire department has received and approved or disapproved the data required by section 23-35.

b.

Water and wastewater facility documents. A final plat will be approved only if the facilities for water and wastewater service have been fully constructed or if the city has received an adequate financial guarantee of performance approved by city council.

1.

As to completed facilities written proof that the facilities have been completed and comply with the requirements under the Model Subdivision Rules.

2.

As to unfinished facilities:

i.

A draft of the subdivision construction agreement.

ii.

A draft of the financial guarantee of performance as required under section 11 of the subdivision construction agreement and as provided by Texas Local Government Code § 212.0106, and the Model Subdivision Rules (31 TAC, Chapter 364).

(e)

Final plat approval process.

(1)

Within a reasonable time not to exceed thirty (30) days from the date of formal written request, the city manager shall set and submit the final plat and accompanying data to the commission at the next available meeting. The city manager shall submit written recommendations and suggestions as to approval or disapproval and shall include in his report recommendations to the commission on the amount of value to be placed on any required documents under this chapter as well as any other fee or bond the city manager sees fit in recommending to the commission pursuant to the Model Subdivision Rules or this chapter. The city manager's report shall include an up-to-date copy of the city's final plat checklist for the subdivision. A copy of the city manager's report shall be provided to the subdivider at least three (3) days prior to the date of the meeting of the commission.

(2)

If the request is denied by the commission, the subdivider shall be provided with written recommendations by the commission within seven (7) days from the meeting date and shall have thirty (30) days thereafter in which to cure the defect(s). The subdivider shall submit a written request for reconsideration to the city manager within the required time. The city manager shall present the final plat for reconsideration at the next available commission meeting.

(3)

If the request is approved, the city manager shall set the final plat for approval at the next available city council meeting. The approval by the commission shall contain recommendations to the city council on the amount of value to be placed on any required documents under this chapter as well as any other fee or bond the commission sees fit in recommending to the city council pursuant to the Model Subdivision Rules or this chapter.

(4)

The city manager shall submit a written report to the city council with the proposed recommendations made by him and the commission as well as his suggestions as to approval or disapproval. The city council shall either approve, disapprove, or recommend changes pursuant to the requirements of state law or this chapter. The subdivider shall be provided with the written recommendations by the city council within seven (7) days from the meeting date and shall have thirty (30) days thereafter in which to cure the defect(s).

(5)

It is a valid defense to the city manager for noncompliance with the time limits provided under this section, if the commission or city council is unable to establish a quorum or an emergency arises which causes the cancellation of the commission or city council's next available meeting.

(f)

Formally filed plats. For the purpose of the time limits established by Texas Local Government Code § 212.009, no plat shall be deemed formally filed unless:

(1)

The requirements under section 23-36(d) are met;

(2)

If applicable, a request for variance as specified in section 23-11 has been submitted to the commission in writing as required herein; and

(3)

The subdivider or his agent appears in person at the meeting of the commission considering the plat approval.

(Ord. No. 05-22, § 1, 8-2-2005)

Editor's note

The exhibit adopted by reference in § 23-36 above has not been included herein, but is on file for inspection in the office of the city secretary.