§ 4.4. Final Plats
4.4.1 The subdivider shall prepare a final plat for submission to the planning commission for all subdivisions.
4.4.2 The final plat shall meet all requirements specified by this article, and the subdivider shall submit all required documents as specified by this article before the final plat may be placed on the agenda of the planning commission.
4.4.3 A final plat not meeting all the requirements of these regulations may be submitted, provided the subdivider presents with the plat a written request for specific variances and enumerates in detail the reasons thereof in conformance with Section 3.14, Variances, of this ordinance.
4.4.4 A final plat must be in substantial compliance with the approved preliminary plat in order to be heard by the planning commission. A revised preliminary plat shall be required if the final plat deviates from the approved preliminary plat, and such deviations are considered by the Development Officer to be substantial. Changes which may be considered to be substantial include the following:
A. Change in typical lot dimensions;
B. Changes resulting in higher density;
C. Changes in the traffic circulation network;
D. Changes in drainage patterns;
E. Changes in relationship between uses of land; and
F. Land use in general.
4.4.5 Whenever a subdivision necessitates the installation and dedication of public streets, drainage facilities, water mains, sanitary sewer mains, and/or other public subdivision improvements, construction plans shall be required. Construction plans shall be submitted to the Development Officer at the time of final plat submittal. Construction plans shall be in conformity with the approved preliminary plat. Construction plans shall be reviewed and approved prior to final plat review by the Planning Commission.
4.4.6 Application Procedures: The applicant shall submit three (3) white background prints of the final plat to the Development Officer at least twenty-four (24) days prior to the meeting at which the final plat is to be considered. The additional items required for replats with public notice, as described in the Appendix of this Ordinance, shall be submitted along with the final plat. The final plat application and fee, as listed in the Appendix of this Ordinance, is payable at this time.
4.4.7 The Development Officer shall coordinate final plat review with appropriate city departments and other agencies. The plat shall then be returned to the applicant with written analysis and commentary. Upon completion of plat review by the Development Officer, the applicant shall submit nine (9) white background prints of the final plat and the copies of the original submittal with Development Officer analysis and commentary to the Development Officer, ten (10) days prior to the Planning Commission meeting.
4.4.8 In no case shall permanent public improvements commence until submission and approval of construction plans and specifications have been given by the Development Officer, and the final plat has been approved by the planning commission.
4.4.9 Final plat, General Requirements :
A. The final plat shall be prepared as a black-line mylar. The final plat shall be drawn at a minimum scale of one hundred (100) feet to an inch from an accurate survey on one (1) or more sheets. For the purposes of submitting copies of the final plat in accordance with the terms of this Ordinance, the final plat may either be drawn on eighteen (18) inch by twenty-four (24) inch sheets or twenty-four (24) inch by thirty-six (36) inch sheets. The drawing surface of the plat shall have a binding margin of two (2) inches at the left side of the plat, a margin of not less than one (1) inch at the right side, and a margin of not less one-half (½) inch at the top and bottom. If more than one (1) sheet is required, they shall be match-line sheets. An index sheet of the same dimensions, or a map insert showing the entire subdivision, shall accompany the final plat. At the discretion of the Development Officer, deviations from the requirements of this subsection as to scale, and only as to scale, may be allowed.
B. Plats in which all lots contain a net area in excess of forty thousand (40,000) square feet may be drawn to a scale of two hundred (200) feet to the inch on one (1) or more twenty-four (24) inch by thirty-six (36) inch sheets. If more than one (1) sheet is required, an index sheet of the same dimensions or a map insert showing the entire subdivision must be filed with the final plat. At the discretion of the Development Officer, deviations from the requirements of this subsection as to scale, and only as to scale, may be allowed.
4.4.10 Final Plat Contents : The final plat shall provide the following information:
A. A title block, including subdivision name, block(s), lot(s), acreage, name of city, county and state, and the location and description of the property referenced to the original legal description.
B. The name, address, telephone number and signature of the legal owner(s) of the property included in the proposed subdivision.
C. The name, address, telephone number and signature of the registered surveyor responsible for preparing and designing the plat and surveys. If public improvements are involved, the name, address, telephone number and signature of the registered engineer responsible for designing such improvements shall also be provided.
D. A location map at a scale of not more than one thousand (1000) feet to the inch, showing existing streets, subdivisions, and general land uses in the area surrounding the site.
E. The scale, north arrow, and date of original and all revisions.
F. The proposed land use for all lots. The designations to be used when indicating land use on a plat are defined by the Santa Fe Zoning Ordinance, and are as follows:
AR Agricultural Residential R-1 Single-Family Residential R-2 Multi-Family Residential R-3 Multi-Family Residential MH Manufactured Housing NC Neighborhood Commercial HC Highway Commercial AU Adult Uses LM Light Manufacturing TR Transportation Zone Planned Unit Development projects as defined by Section 4.12 of the Santa Fe Zoning Ordinance shall be identified by the letters "PUD".
G. The location and description of all permanent survey monuments in or near the tract, to at least one of which the subdivision shall be referenced.
H. The length of all required lines dimensioned in feet and decimals thereof, and the value of all required true bearings and angles dimensioned in degrees and minutes, as hereafter specified.
I. The boundary lines of the land being subdivided fully dimensioned by lengths and bearings, and the location of boundary lines of adjoining lands, with adjacent subdivisions identified by official names.
J. The lines, including centerlines, of all proposed street rights-of-way, fully dimensioned by lengths and bearings.
K. The lines, including center lines, of all proposed alleys. Where the length or direction of an alley is not readily discernible from data given for lot and block lines, the length and bearing shall be given.
L. The widths, and names where appropriate, of all proposed streets and alleys, and of all adjacent streets, alleys and easements which shall be properly located.
M. The lines of all proposed lots fully dimensioned by lengths and bearings or angles, except that where a lot line meets a street line at right angles, the angle value may be omitted.
N. The outline of any property, other than street rights-of-way or easements, which is offered for dedication to public use fully dimensioned by lengths and bearings with the area marked "Public" numbered consecutively throughout each block, with addresses of all lots.
O. The location of all building setback lines, and easements for public services or utilities, with dimensions showing their location.
P. The radii, arcs, points of tangency, points of intersection and central angles for curvilinear streets and radii for all property returns. Distance measured along curves shall be arc lengths.
Q. The following note shall be placed on all final plats where access to arterial and/or expressway streets has been limited: "ACCESS PROHIBITED." The lots and area affected by such limitation shall be clearly indicated.
R. The following note shall be placed on all private drives, private access facilities, and private common areas: "ALL MAINTENANCE OF THIS AREA SHALL BE THE RESPONSIBILITY OF THE PROPERTY OWNERS OF THE SUBDIVISION THROUGH THE (Name of Subdivision) PROPERTY OWNERS ASSOCIATION." The affected areas shall be clearly indicated.
S. The applicant shall place the following note on the city's certified copy of the final plat containing areas within the regulatory floodplain as designated within the most current FEMA Study Report: "FLOOD HAZARD AREA. THIS AREA HAS BEEN DESIGNATED AS SUBJECT TO INUNDATION BY THE BASE FLOOD." The affected area, according to the most current FEMA Flood Insurance Rate Map (FIRM), shall be clearly indicated, along with the panel number and the date of the FIRM.
T. An accurate metes and bounds description of the subdivision. Location and description of monuments, which shall be placed in conformance with Section 6.1.5, of this ordinance.
U. Forms #3 through #7 (See the FORMS pages at the end of this Section of the Ordinance.) shall be shown on the mylar of the final plat:
V. The following restriction, condition and covenant running with the land shall be noted on any plat of a subdivision for which approval is sought which either in part or its entirety is located in the extraterritorial jurisdiction (ETJ) of the city. Such notation shall be made as shown on Form #8 (See Form #8 at the end of this Section of the Ordinance.)
W. The following statistical data:
1. The total number of acres;
2. The total number of lots;
3. The number of dwelling units, the acreage, and the gross residential density, by housing type;
4. The number of lots and acreage allocated to commercial and industrial uses including the square footage of commercial and industrial structures;
5. The acreage allocated to parks and common residential use;
6. The acreage allocated to common open space; and
7. The lineal footage of proposed public local, collector and arterial streets.
X. City Plat File Number, as assigned by the Development Officer during initial plat review.
Y. Standard plat notes (See Form #11 at the end of this Section of the Ordinance.)
4.4.11 Phasing of Final Plats : Where only a portion of an approved preliminary plat is submitted for final plat approval, a final plat of the remaining area may be submitted at any time within five (5) years of the date of preliminary plat approval. If the final plat for the remaining area does not conform substantially with the approved preliminary plat, the remaining area of the preliminary plat shall be deemed null and void. If a final plat of the remaining area has not been submitted within the five (5) year time period, the portion of the preliminary plat for which no final plat has been submitted shall be deemed null and void. However, if at least one phase of the preliminary plat has received final plat approval, its public improvements have been completed, and it has been filed in accordance with these regulations, an extension to the five (5) year time limit shall be granted by the Development Officer upon request by the developer unless the Development Officer determines that development conditions have substantially changed since the date of preliminary plat approval, in which case the request shall be forwarded to the planning commission. The planning commission may deny the request if it determines that development conditions have substantially changed, and such conditions shall be stated in the minutes of the meeting. A request for the extension must be submitted to the Development Officer prior to the five (5) year deadline date. Such extensions shall be for a period of one (1) year, and may be renewed annually.
4.4.12 Planning Commission Action on a Final Plat :
A. Approval Process : The planning commission shall make its determination to either approve or disapprove a final plat within thirty (30) days after the plat submittal deadline on which the plat is presented to the Development Officer. An approved certificate and the date thereof shall be shown on the plat over the signature of the Planning Commission Chairperson and Secretary. The Planning Commission shall approve a final plat if it conforms to the following:
1. The Comprehensive Plan and any general plans of the City of Santa Fe and its current and future streets, alleys, parks, playgrounds, and public utility facilities;
2. The general plans for the extension of the City of Santa Fe and its roads, streets, and public highways within the City of Santa Fe and its extraterritorial jurisdiction (ETJ), taking into account access to and extension of sewer and water mains and; and
3. The provisions of these regulations.
B. Automatic Approval : If no action is taken by the planning commission at the end of the thirty (30) day time period, the plat shall be deemed to have been approved. A certificate by the Development Officer as to date of submission of the plat for final approval and failure of the planning commission to act thereon within such time, shall be sufficient in lieu of written endorsement of approval.
C. Disapproval : If the final plat is disapproved, grounds for this refusal shall be stated in writing, a copy of which shall be signed by the Planning Commission Chairman and transmitted with the mylar and prints to the applicant. The reasons for disapproval shall refer specifically to those parts of the regulations and plans with which the plat does not comply.
D. Construction Approvals : Once the final plat has been approved by the planning commission and the construction plans have been approved by the Development Officer, permits may be issued for the construction of the permanent public improvements indicated on the construction plans.
4.4.13 Approval and Recording of Plats Required :
A. Deadline to File Plat : No plat or other land subdivision instrument shall be filed in the office of the Galveston County Clerk until it has been approved by the planning commission as required. All final plats shall be filed within one (1) year of the date of acceptance by the planning commission, and no lots shall be sold by full title transfer from any plat until recorded. Failure to record the plat within one (1) year of the date of administrative or commission approval, shall void all approvals thereto, unless an extension is granted by the planning commission.
B. Issuance of Building Permits : No building permit shall be issued by the City until the Development Officer has received the following items necessary for filing the plat with the Galveston County Clerk:
1. Two (2) reproducible mylars of the final plat;
2. Five (5) true to copies of the final plat (prepared after all signatures are on the mylars);
3. Tax certificates stating that no taxes are delinquent against the property;
4. A title search or platting letter, current to within sixty days (60) of filing the final plat, certifying to at least the following concerning the title to the land: A statement of records examined and date of examination; description of the property in question, including a metes and bounds description of the tract; name of the fee owner as of the date of examination, and the date, file number, date of filing, and volume and page of any lienholders; and general description of any easement or fee strips granted along with the file number, date of filing, and volume and page of recording.
5. The appropriate filing fees.
6. An agreement waiving any claim for damages against the City occasioned by the alteration by the subdivider of the surface of any portion of existing streets and alleys. Said agreement to be required of the subdivider shall be as shown in Form #9. (See Form #1 at the end of this Section of the Ordinance.)
C. Additional Documents Necessary to File the Plat : The final plat, as approved by the planning commission for the purpose of constructing streets, utilities and other commission required improvements to the subdivision, shall not be recorded in the Office of the Galveston County Clerk until such time as the requirements in this section have been met. The following requirements shall be met and tendered with a letter of transmittal to the Development Officer two (2) working days prior to the filing of the plat with the Galveston County Clerk:
1. A certificate, signed by the subdivider's registered engineer, declaring that all infrastructure improvements have been completed and are in compliance with the submitted and approved construction plans; as shown on Form #10. (See Form #10 at the end of this Section of the Ordinance.)
2. A reproducible set of as-built plans. Such as-built plans shall be accompanied by an estimate and quantity sheet indicating quantities for streets, drainage and utility construction along with all structural appurtenances to be dedicated to the public as part of the proposed subdivision.
3. If applicable, a maintenance bond, as required by the City of Santa Fe.
D. Filing of plat :
1. It shall be unlawful for a subdivider or his agent to sell or lease lots in a subdivision unless the City has filed the final plat in the Office of the Galveston County Clerk.
2. Prior to the actual construction of the subdivision and the dedication of public improvements, the City may file the final plat with in the Office of the Galveston County Clerk if the subdivider follows the process described in Article 5 of this Ordinance, and if that process has been approved by the Planning Commission.
3. Within two (2) business days of receipt and approval of all documents necessary to file a final plat, the Development Officer shall file such plat with the Galveston County Clerk. No Certificate of Occupancy shall be issued by the city until such time as the final plat has been filed. After the plat has been filed, the Development Officer shall issue to the subdivider a certificate stating that the plat has been reviewed and approved by the City of Santa Fe.
FORMS
FORM #1: Development Officer's Approval of a Minor Plat
Approved this ____________ day of 19 ____________ , as a minor plat, by the Development Officer of the City of Santa Fe, Texas, as authorized by the City of Santa Fe Code, and Section 212.0065 of the Texas Local Government Code. Development Officer FORM #2: Authorization to Subdivide Statement
I (we), the undersigned, being the legal owner(s) of the land shown on this plat, hereby designate (print name of agent) as my (our) agent, duly authorized to act on my (our) behalf in matters pertaining to the platting of this property. Owner(s)
FORM #3: Surveyor's Statement
KNOW ALL MEN BY THESE PRESENTS: That I ____________ , do hereby certify that I made an actual and accurate survey of the platted land, and that the corner monuments shown on the foregoing plat were properly placed under my personal supervision, in accordance with the Subdivision and Development Ordinance of the City of Santa Fe, Texas. Signature of Surveyor
Texas Registration Number
FORM #4: Statement of Approval by the Santa Fe Planning Commission
Approved this ____________ day of 19 ____________ , by the Santa Fe Planning Commission of the City of Santa Fe, Texas. Chairperson
Secretary
FORM #5: Certificate of Ownership and Dedication
THE STATE OF TEXAS, COUNTY OF Galveston This is to certify that I (we), [name(s) of owner(s)], am (are) the legal owner(s) of the land shown on this plat, being the tract of land as conveyed to me (us) by deed dated and recorded in Volume, Page, of the Deed Records of Galveston County, Texas, and designated herein as the (Subdivision Name) in the City of Santa Fe, Texas. FURTHER, I (we), the undersigned, do hereby DEDICATE to the use of the public forever all streets, alleys, parks, watercourses, drains, easements, and public places shown on this plat for the purpose and consideration therein expressed. Owner(s)
All signatures shall be acknowledged by a Notary Public. FORM #6: Replatting Statement
If the plat is a replat under Section 212.015 or 212.016 of the Texas Local Government Code, the following paragraph shall be added to the Certificate of Ownership and Dedication: FURTHER, [(we), the undersigned, do hereby certify that this replat does not attempt to amend or remove any covenants or restrictions. FORM #7: Lien Holders Statement
I (we), [Name(s) of mortgagee(s)], owner(s) and holder(s) of a lien (or liens) against the property shown on this plat, said lien(s) being evidenced by instrument of record in Volume ____________ , Page ____________ , of the Deed Records of Galveston County, Texas, do hereby in all things subordinate our interest in said property to the purposes and effects of said plat and the dedications and restrictions shown herein to said plat. Further, I (we) hereby confirm that I am (we are) the present owner(s) of said lien(s) and have not assigned the same nor any part thereof. Lienholder(s)
Note: All lienholder signatures shall be acknowledged by a Notary Public. FORM #8: Statement of Restrictions, Conditions, or Covenants Running with the Land
RESTRICTIONS, CONDITION AND COVENANT
RUNNING WITH THE LAND
This plat has been approved by the City of Santa Fe pursuant to the city's extraterritorial jurisdiction (ETJ) powers in effect on the approval date with the following restriction, condition and covenant which is hereby agreed to by the developer of this subdivision as well as any other present property owner in said subdivision. In the event the undersigned developer or any person, firm or corporation who shall acquire property in this subdivision subsequent to this date, shall request additional improvements to bring such subdivision standards required within the corporate limits of the city or up to greater standards than are required for a subdivision in the ETJ of the city, then one hundred (100) percent of the cost of such improvements shall be borne by the then property owners of said subdivision and this obligation regarding the cost of additional improvements to said property of this subdivision shall be considered a restriction, condition, and covenant running with the land of all property or properties in said subdivision to bind the then owners of the property in said subdivision. Any future conveyance of property in this subdivision shall reference a statement in said conveyance setting out the aforementioned restriction, condition and covenant running with the land. FORM #9: Waiver of City's Liability Statement
THE STATE OF TEXAS, COUNT OF GALVESTON In accordance with the Subdivision Ordinance of the City of Santa Fe, Texas, said in consideration of the approval of (Name of Subdivision) Subdivision, (Name of Owner) does hereby waive any and all claims for damages against the City of Santa Fe, Galveston County, Texas, occasioned by the establishment of grades or the alteration of the surface of any portion of existing streets and alleys to conform to the grades established in the above-named subdivision. Owner(s)
FORM #10: Engineer's Statement of Accuracy and Compliance
I (we), (Name of Surveyor or Firm), an individual or firm offering engineering services to the public, have (has) been designated by the owner(s) to design and prepare plans and specifications for the physical improvements to the subdivision known as (Name of Subdivision), located in the City of Santa Fe, Texas, or within its extraterritorial jurisdiction. The undersigned certifies that such person has reviewed the as-built drawings, reports of test results and inspections, the accompanying engineering documents and certifications. Engineering computations have been made to adjust and/or confirm the capacities of the as-built drainage system and the adequacy of the physical improvements (and are available for physical examination in the offices of the City of Santa Fe upon request) to assure that the minimum requirements of the applicable sections of the City Code of the City of Santa Fe have been achieved. The undersigned further recommends that the subdivision known as (Name of Subdivision), be approved and accepted by the City of Santa Fe, Texas. Signature of Engineer Date Texas Registration Firm Name Business City State Zip Code Form #11: Standard plat notes.
1.
Buildings, fences and other structures shall not be erected in City of Santa Fe or Galveston County Drainage District No. 1. rights-of-way or drainage easements. Permanent structures are prohibited in utility easements except surface parking lots, drives and non-permanent landscaping.
2.
The detention and drainage facilities are to be maintained by the property owner(s) or Property Owner(s) Association.
3.
No building permit shall be issued for any lot within this subdivision until a detention and drainage plan has been approved by the Galveston County Drainage District No. 1 or the City of Santa Fe.
4.
Additional drainage easements may be required at the time a drainage plan is submitted to Galveston County Drainage District No. 1. for approval.
5.
Plantings, flower beds, other landscaping or fill materials are not permitted in side lot drainage swales or drainage/detention easements. Maintenance of side lot drainage swales or detention easements are the responsibility of the property owner.
6.
All lot drainage will be Type A, lot drains from back to front, unless otherwise approved by the Galveston County Drainage District No. 1 or the City of Santa Fe and shown on the approved drainage plan.
(Ordinance No. 02-2010 of April 8, 2010, Secs. 9—14)
ARTICLE 5
Assurance for Completion and Maintenance of Improvements