§ II. Procedures for submission of plats.

a.

Staff conference and conceptual plan procedure. This is an informal process to allow an exchange of information between the developer, staff and the commission. No approvals shall be issued for conceptual plans. The conceptual plan for a project shall not be binding to the developer or the commission. This procedure shall contain the following steps:

1.

Staff conference. Prior to the submission of the preliminary plat, the subdivider shall confer with the community development department staff on an informal basis to receive comments and advice on the procedures, specifications and standards required by the city as conditions for subdivision plat approval. At this meeting, staff shall also discuss the proposed plat and its conformity with the comprehensive plan, its relationship to surrounding property, availability of utilities, drainage, street pattern, and any other matters governed by this appendix.

2.

Conceptual plan.

(a)

Prior to submitting a preliminary plat, a subdivider may submit a conceptual plan of the entire development for review by the commission. Notwithstanding anything in this subsection to the contrary, a subdivider may submit a preliminary plat or plats along with a conceptual plan of a proposed development.

(b)

Only major or significant changes by the developer in the conceptual plan shall require resubmission of such plan to the commission. Minor changes may be reviewed by staff who may determine that changes are more than minor and resubmit proposed changes to the commission.

3.

Contents of plan. The conceptual plan shall contain the following information:

(a)

The proposed name of the development.

(b)

The total acreage included in the entire development.

(c)

The scale of the plan should be indicated.

(d)

The boundaries of the total acreage of the subdivision and the boundaries of the proposed land uses within the subdivision should be indicated.

(e)

The plan shall indicate the total number of lots and the typical lot sizes.

(f)

The plan shall indicate proposed streets, direction of manmade and natural drainage flows, location of schools, parks, detention ponds and other public or private facilities.

b.

Preliminary plat.

1.

Following the staff conference and the submittal of the conceptual plan, all persons desiring to subdivide a tract of land within the corporate limits of the city or within its extraterritorial jurisdiction shall prepare or cause to be prepared a preliminary plat which shall be kept on file with the commission, together with other supplementary information as specified below.

2.

The preliminary plat submittal shall contain the information and/or language required hereunder.

(a)

Title of plat shall show:

(1)

Proposed name of subdivision.

(2)

Legal description of subdivision, including the name of the county and surveying abstract number.

(3)

Total acreage and total number of lots, blocks and reserves. Lots within each block shall be numbered consecutively. Blocks shall also be numbered consecutively.

(4)

Name and address of owner. If owner is a company or corporation, name of the principal officer or owner of the entity responsible for the subdivision must be given.

(5)

The name of the registered professional engineer and/or registered public surveyor responsible for the survey and design. If different from the surveyor of the boundary, so indicate.

(6)

The scale must be drawn numerically and graphically shown on the plat. The minimum scale acceptable for a plat shall be one inch equals 100 feet. Larger scales are permissible provided the scale chosen is divisible by ten and the area within 200 feet of the subdivision is shown on the plat.

(7)

A north arrow (true or magnetic indicated on the plat) shall be provided on the plat. North shall be oriented to the top of the plat if possible, or at left side.

(8)

The date on which the plat was drawn shall be indicated on the plat. (Each revision shall bear a new date.)

(b)

A vicinity map, preferably in the upper right corner of the plat, to show relation of subdivision to well-known streets, political subdivisions and watercourses in all directions to a distance of at least one mile. The suggested scale of the vicinity map is one inch equals 2,000 feet and shall be oriented in the same direction as the detailed subdivision drawing.

(c)

Boundaries of ownership with bearings and overall dimensions.

(1)

Area to be subdivided drawn in heavy lines with overall dimensions and bearings.

(2)

Lines outside of boundaries to be dashed.

(3)

An accurate location of the subdivision should be provided by reference to a well-established survey or league corner, subdivision corner, or other known point.

(d)

Contours with intervals of one-half foot, referred to sea level (U.S. Coast and Geodetic Survey Data) as required to show at least two contours within the subdivision in addition to those necessary to clearly show outfall drainage. Identify basis of control and temporary benchmark set within the subdivision.

(e)

The areas outside the plat boundaries shall be identified with the names and recording information of adjacent subdivisions or owners of record of adjoining parcels of land.

(f)

The location, widths and names of all existing and proposed public and private streets or public rights-of-way within or adjacent to the subdivision shall be indicated. All railroad rights-of-way, pipelines, easements and other permanent features such as section lines, boundaries of political subdivisions, on all sides for a distance of not less than 200 feet shall also be indicated.

(g)

Existing sewers, water mains, culverts, pipelines or other underground structures, and other public utilities and buildings within the tract or within 200 feet shall be identified with pipe sizes, grades and locations indicated.

(h)

The location and approximate width or dimension of existing and proposed lakes, watercourses, storm detention areas and drainage easements within the subdivision or within 200 feet thereof shall be indicated.

(i)

All parcels of land intended to be dedicated for public use or reserved for the use of all property owners in the proposed subdivision, together with the conditions or limitations of each reservation, if any, shall be identified. Those reserves not intended for residential shall be labeled as restricted reserves and shall require additional action by the commission prior to development as a residential lot.

(j)

A preliminary drainage plan with calculations shall be provided. Floodplain information shall also be provided with the 100-year floodplain shown on the preliminary plat.

(k)

A preliminary utility plan with calculations shall be provided.

(l)

As applicable, the applicant shall concurrently process the preliminary plat for approval with the Galveston County Consolidated Drainage District and/or Harris County Flood Control District, whichever entity has jurisdiction.

3.

Submittal.

(a)

Prints of the plat and plans shall be submitted to the community development department, for the commission by 5:00 p.m., at least eight working days prior to a meeting of the commission, without exception. Refer to the plat submission application for the number of prints required.

(b)

Prints shall be accompanied by the completed form, entitled "Application for Preliminary Approval of Subdivision Plat." (These forms may be obtained from the community development department upon request.)

(c)

The owner shall, along with the preliminary plat, submit a certificate or letter from a title guaranty company or a title attorney indicating a current search and 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.

(d)

The draft of any protective covenants whereby the subdivider proposes to regulate the use of land in the subdivision shall be submitted, provided, however, that such restrictive covenants, conditions or limitations shall not be less than the minimum requirements of the city under the terms of these regulations.

(e)

Certification stating that all current city, county, school, utility or other governmental entity taxes due and payable have been paid or a tax certificate from the city, county, school, utility or other governmental entity in which the land being platted is located showing no delinquent taxes are due on the property being platted.

(f)

The applicant shall submit proof that the plat was submitted to the drainage district with jurisdiction as required by the drainage district, provided the drainage criteria of both the city and the drainage district are the same. Proof of submittal may be a receipt of payment or a letter on official letterhead.

4.

Decision of the commission.

(a)

On receipt by staff of an application containing all of the information described above, staff shall schedule the application for action by the commission on their next available agenda. Beginning with the date the preliminary plat appears on a posted agenda, the commission shall render a decision thereon within 30 days, providing the item is not withdrawn prior to commission review and action. Such decision may consist of approval, disapproval, or conditional approval. Conditional approval may be granted only in those instances where the conditions to be satisfied are within the authority of the commission.

(b)

If a preliminary plat does not meet the description of a replat per subsection f of this section, but it amends a previously recorded subdivision map or survey for which there is no formal recorded plat approved by law, a written notice of the meeting shall be mailed to each owner of real property, as indicated by the most recent tax roll, situated within the original subdivision map or survey and located within 200 feet of the exterior boundary of the subject property, at least ten days prior to the meeting.

5.

Preliminary approval will expire six months after the approval by the commission of the preliminary plat or of final sections of a preliminary plat, except that if the subdivider shall apply in writing prior to the end of such six-month period, stating reasons therefor, an extension may be granted by the commission, upon a showing of good cause, for a single extension of six months.

6.

The subdivider may, at his discretion, after approval or conditional approval of a preliminary plat, file a final plat or plats covering a portion of the preliminary plat. The remainder of the preliminary plat shall be deemed as approved or conditionally approved as in subsections c.4 and 5 of this section, provided, however, that such approval or conditional approval of the remainder of the preliminary plat be limited to a two-year period after approval of the pertinent final plat or plats by the commission. Prior to the end of such two-year period, the subdivider may apply, in writing, for a one-year extension of the preliminary plat stating the reasons for the extension. The commission may, upon a showing of good cause, grant a single extension of up to one year.

c.

Final plat.

1.

No final plat shall be considered unless a preliminary plat has been submitted and approved (unless the alternate method of plat submission is used) and a set of final construction plans has been approved by the city engineer for the public infrastructure improvements.

2.

After the foregoing procedure has been complied with and the preliminary plat approved or conditionally approved by commission, the subdivider shall prepare or cause to be prepared a final plat, or plats, together with other supplementary information as specified herein. The final plat shall conform substantially to the preliminary plat as approved and incorporate all the provisions relating to preliminary plats in subsection b.2 of this section, except subsections b.2(d), (g), (j) and (k). This plat shall also reflect any conditions or requirements for final approval imposed by the commission, together with the following additional requirements:

(a)

All easements necessary for utility service shall be shown on the final plat and the applicant shall provide certification on the plat that all utility companies have been contacted and the easements shown on the plat constitute all of the easements requested by the utility companies.

(b)

Show all streets and alleys with street names, width measured at right angles or radially (where curved), complete curve data (radius, PC and PT), length and bearing all tangents between curves.

(c)

The plat must provide a note that all existing pipelines or pipeline easements though the subdivision have been shown or that there are no existing pipeline easements within the limits of the subdivision.

(d)

Accurate dimensions, both linear and angular, of all items on the plat; the boundary survey on the side shall close within one in 10,000. Linear dimensions shall be expressed in feet and decimals of a foot; 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 radii and by degree of curve. Complete dimensional data shall be given on fractional lots.

(e)

The description and location of all lot and block corners and permanent survey reference monuments shall be shown.

(f)

Designate any sites of schools, churches, parks, sewage disposal plants, water plants, business, industry, or other special land uses. If proposed use is unknown, designate as unrestricted. Tracts for nonresidential use should be numbered as blocks and lots.

(g)

Watercourses and ravines, as determined by actual ground survey, showing high banks and width of existing or proposed easements.

(h)

All dedication statements and certificates must be made a part of the final plat drawing and must include, but not be limited to, the statements, the general form and content of which are provided as examples available in the community development department. These dedication statements and certificates and various notations include the following:

(1)

Owner's acknowledgement;

(2)

Execution of owner's acknowledgment;

(3)

Lienholder's acknowledgment and subordination statement;

(4)

Notary public acknowledgment for all signatures;

(5)

Certificate for engineer and surveyor;

(6)

Certificate for commission;

(7)

County clerk filing acknowledgment statement;

(8)

Encumbrances certificate;

(9)

Vacation of subdivision plat;

(10)

Certificate of amending plat;

(11)

City engineer's certificate.

(i)

A certificate by a registered public surveyor, duly authenticated, that the plat is true and correct and in accordance with the determination of surveys actually made on the ground. If the surveyor who prepared the plat did not make the original boundary survey, this fact should be noted in the certificate.

(j)

The final plat, as approved by the commission, to be filed by the city secretary for record with the county clerk, shall not show the construction features such as curblines or utility lines or other structures not involved in the title covenant.

(k)

The plat shall provide a note that the finish floor elevations of all structures shall be located above the base flood elevation (established by FEMA) as prescribed in the flood damage prevention ordinance of the city (chapter 34, article II of the Code of Ordinances).

(l)

The legal entity responsible for the maintenance of any improvements, including, but not limited to, building, recreational area, open space, equipment, pool or private driveway, which are to be owned and shared by the owners of real property in the proposed subdivision, shall be designated by appropriate articles of incorporation, contracts, restrictions, or other method. The means of securing payment for maintenance and operating expenses and any method of terminating such obligation shall be stated in the creating documents. In the event such entity is responsible for the maintenance of driveways, emergency access easements, recreational areas, or open spaces the following note shall be indicated on the face of the plat:

"The City of Friendswood shall not be responsible for maintenance of driveways, emergency access easements, recreational areas, and open spaces; and the (entity) which shall be responsible for such maintenance of driveways, emergency access easements, recreational areas and open spaces."

(m)

As applicable, the applicant shall concurrently process the final plat for approval with the Galveston County Consolidated Drainage District and/or Harris County Flood Control District, whichever entity has jurisdiction over the area the plat covers.

3.

Submittal of final plat.

(a)

Prints of final plat and the two original Mylar's shall be submitted to the commission with written application for approval at least eight working days prior to a meeting of the commission without exception. Refer to the plat submission application for the number of prints required.

(b)

Prior to filing of the final plat, the letter or title certificate required in subsection b.3(c) of this section shall be brought up to current date by a supplementary report from the title guaranty company or title attorney; dated not more than 45 days from the date submitted to the city.

(c)

A copy of the final restrictive covenants to govern the nature of the use of the property shall be submitted to the commission and may be sent to the city attorney for review and approval prior to filing of the final plat. The commission shall, in the public interest, require that said restrictive covenants be filed simultaneously with the plat.

(d)

The applicant shall submit proof that the final plat has been approved by the appropriate drainage district as required, provided the drainage criteria of both the city and the drainage district are the same. Proof of approval shall be a letter of approval from the drainage district.

4.

Decision of the commission.

(a)

On receipt by staff of an application containing all of the information described above, staff shall schedule the application for action by the commission on their next available agenda. Beginning with the meeting date for initial approval of the final plat, the commission shall render a decision thereon within 30 days. Said decision may consist of approval or disapproval.

(b)

If a final plat does not meet the description of a replat per subsection f of this section, but it amends a previously recorded subdivision map or survey for which there is no formal recorded plat approved by law, a written notice of the meeting shall be mailed to each owner of real property, as indicated by the most recent tax roll, situated within the original subdivision map or survey and located within 200 feet of the exterior boundary of the subject property, at least ten days prior to the meeting.

5.

Final approval will expire one year after the commission action granting approval of any plat unless the plat has been filed of record with the county clerk, except that if the subdivider shall apply in writing prior to the end of such one-year period stating reasons for needing the extension, this period may, upon a showing of good cause, be extended by the commission for another year but not beyond that period.

d.

Plat recordation. The final plat shall be drawn on three mil camera positive matte finish (both sides) film in permanent black ink and shall be no larger than 24 inches by 36 inches. Two film copies of the plat with original signatures are to be filed by the city secretary in the office of the county clerk as a permanent record. The final plat must be approved by the commission prior to being filed by the city secretary.

e.

Short form final plat.

1.

An abbreviated procedure for plat submission may be used if the proposed subdivision satisfies the following requirements:

(a)

The proposed subdivision is for development containing four lots or less.

(b)

All lots in the proposed subdivision front on a previously dedicated or private accessway of adequate width and are so situated that no additional accessway, alley, easement or public property is required to meet the regulations of this appendix or any other ordinance of this city.

(c)

All utilities and drainage facilities, as required by this appendix or any other ordinance of this city, are in place to serve each lot in the proposed subdivision and require no extensions.

(d)

The proposed plat does not vacate, create or extend a public right-of-way or easement.

(e)

The proposed plat does not require any variance or modification to the subdivision ordinance.

2.

If a proposed subdivision satisfies the requirements of subsection e.1 of this section, the subdivider may seek final plat approval without necessity of submitting a preliminary plat. Such plat shall meet all the requirements in subsection c(2) of this section for final plats.

3.

Decision of the commission.

(a)

On receipt by staff of an application containing all of the information described above, staff shall schedule the application for action by the commission on their next available agenda. Beginning with the meeting date for initial approval of the final plat, the commission shall render a decision thereon within 30 days. Said decision may consist of approval or disapproval.

(b)

If a short form final plat does not meet the description of a replat per subsection f of this section, but it amends a previously recorded subdivision map or survey for which there is no formal recorded plat approved by law, a written notice of the meeting shall be mailed to each owner of real property, as indicated by the most recent tax roll, situated within the original subdivision map or survey and located 200 feet of the exterior boundary of the subject property, at least ten days prior to the meeting.

4.

Final approval will expire one year after planning commission action granting approval of such plat unless the plat has been filed of record with the county clerk as described in the plat recordation section, except that if the subdivider shall apply in writing prior to the end of such one-year period stating reasons for needing the extension, this period may, upon a showing of good cause, be extended for another year but not beyond that period.

f.

Replat.

1.

A replat is a redesign of all or a part of a recorded plat or subdivision of land which substantially changes the elements of the plat. The same procedures shall be followed as for preliminary, final or short form final plat. The replat must be in accordance with the requirements of the current Texas Local Government Code. A public hearing shall be required on all residential replats when the previous plat is not vacated and is not in compliance with subsection f.2 of this section.

2.

A replat of a subdivision or part of a subdivision may be recorded and is controlling over the preceding plat without vacation of that plat if the replat:

(a)

Is signed and acknowledge by all the owners of the property being replatted;

(b)

Is approved, after a public hearing on the matter at which interested parties and citizens have an opportunity to be heard, by the commission;

(c)

Does not attempt to amend or remove any covenants or restrictions;

(d)

Identifies the lots or portions of the plat being replatted and provides a reason for the replat; and

(e)

In addition, a replat without vacation of the preceding plat must also conform to the requirements of this subsection, if any, of the area being replatted was limited to residential use for two units or less. These additional requirements are:

(1)

Notice of the hearing required in accordance with the Texas Local Government Code shall be given before the 15th day before the date of the hearing. Notification shall be by publication in the official newspaper and by written notice sent to property owners within 200 feet of the property which is being replatted.

(2)

If the proposed replat is protested in accordance with this subsection, the proposed replat must receive, in order to be approved, the affirmative vote of at least three-fourths of all the members of the commission. For a legal protest, written instruments signed by the owners of at least 20 percent of the area of the lots or land immediately adjoining the area covered by the proposed replat and extending 200 from that area, but within the original subdivision, must be filed with the city prior to the close of the public hearing. In computing the percentage of land area under this subsection, the area of the streets and alleys shall be included.

(3)

Compliance with subsection f.2(e)(2) of this section is not required for approval of a replat of part of a preceding plat if the area to be replatted was designated or reserved for other than single residential use by notation on the last legally recorded plat.

3.

The final replat shall meet all the requirements in subsection c.2 of this section for final plats.

4.

Decision of the commission. On receipt by staff of an application containing all of the information described above, staff shall schedule the application for action by the commission on its next available agenda following the public hearing. Beginning with the meeting date for initial approval of the final replat, the commission shall render a decision thereon within 30 days. Said decision may consist of approval or disapproval.

5.

Final approval will expire one year after planning commission action granting approval of such replat unless the replat has been filed of record with the county clerk as described in the plat recordation section, except that if the subdivider shall apply in writing prior to the end of such one-year period stating reasons for needing the extension, this period may, upon a showing of good cause, be extended for another year but not beyond that period.

g.

Amending plat.

1.

The city manager or the city manager's designee shall have the authority to approve amending plats, without further action of the planning and zoning commission, as permitted by V.T.C.A., Local Government Code ch. 212. The city manager or designee shall not have authority to disapprove any such amending plat and shall be required to refer any plat that the city manager or designee refuses to approve to the planning and zoning commission. Nothing herein shall preclude the city manager or designee from electing to present the plat to the planning and zoning commission for approval.

2.

An amending plat shall contain all of the informational requirements set forth for a final plat.

3.

The city manager or designee may approve an amending plat that may be recorded and is controlling over the preceding or final plat with a vacation of that plat, if the amending plat is signed by the applicants only and the sole purpose of the amending plat shall be to:

(a)

Correct an error in a course or distance shown on the preceding plat;

(b)

Add a course or distance that was omitted on the preceding plat;

(c)

Correct an error in a real property description shown on the preceding plat;

(d)

Indicate monuments set after the death, disability, or retirement from practice of the surveyor responsible for setting monuments;

(e)

Show the location or character of a monument that has been changed in location or character or that is shown incorrectly as to location or character on the preceding plat;

(f)

Correct any other type of scrivener or clerical error or omission previously approved by the city manager, designee or commission. Such errors may include, but are not limited to, lot numbers, acreage, street names, and identification of adjacent recorded plats;

(g)

Correct an error in courses and distances of lot lines between two adjacent lots where both lot owners join in the application for amending the plat, neither lot is abolished, the amendment does not attempt to remove recorded covenants or restrictions, the amendment does not have a material adverse effect on the property rights of the owners in the plat, and no more than ten lots are affected per plat;

(h)

Relocate a lot line to eliminate an inadvertent encroachment of a building or other improvement on a lot line or easement;

(i)

Relocate one or more lot lines between one or more adjacent lots if:

(1)

The owners of all those lots join in the application for amending the plat;

(2)

The amendment does not attempt to remove recorded covenants or restrictions;

(3)

The amendment does not increase the number of lots; or

(j)

The combination of two lots for the creation of a more developable site when:

(1)

No change in the platted land use category is anticipated.

(2)

No increase in the density or intensity of use is anticipated as determined by estimated traffic congestion or utility demands.

(3)

Off-site stormwater runoff is neither increased nor concentrated.

(4)

Adequate public access and thoroughfare rights-of-way exist.

(5)

Notice, a public hearing, and the approval of other lot owners are not required as a condition of approval and issuance of an amending plat.

(6)

When an amending plat is prepared, the surveyor signing and sealing the plat shall provide a statement in the title block denoting the change, in addition to any other corrections which have been made.

h.

Vacating of plat. The procedure for vacating a plat shall conform with the current Texas Local Government Code and meet the same requirements as a final plat. The procedure shall consist of:

1.

The owners of the tract covered by a plat may vacate the plat any time before any lot in the plat is sold. The plat is vacated when a signed, acknowledged instrument declaring the plat vacated is approved by the commission and recorded as described in the plat recordation section of this appendix.

2.

If lots in the plat have been sold, the plat, or any part of the plat may be vacated on the application of all the owners of the lots in the plat with approval by the commission.

(Ord. No. 2000-01, § 2, 1-17-2000; Ord. No. 2000-36, § 1, 9-25-2000; Ord. No. 2004-04, §§ 1, 2, 2-16-2004; Ord. No. 2010-04, § 2, 2-22-2010; Ord. No. 2010-38, §§ 1—3, 1-10-2011)