O-2017-4290 - 4/13/2017 ORDINANCE NO. 0-2017-4290
AN ORDINANCE AMENDING CHAPTER 36, CODE OF ORDINANCES
(2010 EDITION), CITY OF ROUND ROCK, TEXAS, REGARDING
SUBDIVISION PLATTING PROCEDURES; AND PROVIDING FOR A
SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES
AND RESOLUTIONS.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ROUND ROCK,
TEXAS:
I.
That Chapter 36, Article II, Platting Procedures, Code of Ordinances (2010
Edition), City of Round Rock, Texas, is hereby replaced in its entirety and shall read as
follows:
ARTICLE II. PLATTING PROCEDURES
Sec. 36-36. Application procedure.
An application for approval of a concept plan or a plat shall be filed with the planning director by the
developer and in accordance with the official fling date schedule. An application for approval of a final
plat, minor subdivision final plat or replat not submitted in accordance with the official filing date schedule
may be subject to disapproval.
Sec. 36-37. Review for application completeness.
The planning director shall determine if the application for approval of a concept plan or a plat meets all of
the content requirements of this chapter. An incomplete application will be-retumed-te-the-developer
within-tan werk+ng-days-follewin94he-date-of f&gnot be accepted. The planning director shall notify the
developer in writing of the noted deficiencies. Upon correction of the deficiencies, the application may be
resubmitted on a subsequent official filing date.
Sec. 36-38.Withdrawal of an application.
A developer may withdraw an application for approval of a concept plan or any plat prior to the review of
the respective concept plan or plat by the planning and zoning commission, by notifying the planning
director in writing.
0112 1704,003744 10
Sec. 36-39. Concept plan.
(a) Purpose and intent. The purpose of the concept plan is to present a layout of a proposed
subdivision or addition. The intent of the concept plan is to facilitate the review of the proposed
subdivision or addition in accordance with the general plan policies and, where applicable, the
concurrent review by the planning and zoning commission for original zoning recommendation for
the proposed subdivision. In addition, the purpose is to determine the availability of city utilities,
streets and drainage.
(b) Platting of parent tract. In order to ensure the orderly planning of streets, utilities, drainage and
other public facilities, the parent tract must be included in a concept plan.
(c) Predeve4eprnent rmRfereRGePre-submittal meeting. The developer must attend a pfedevelepment
^n^ferenee^ pre-submittal meeting prior to the filing of an application for approval of a concept
plan.
(d) Required. The developer shall submit a concept plan of the proposed subdivision or addition prior
to the submission of a preliminary plat application for approval by the planning and zoning
commission, when the proposed subdivision or addition includes any of the following: contains
more than€wetwenty acres and is not contained within a parent tract, contains ultimate 1%
annual chance floodplain, proposes to create a new connection to a freeway, highway, or
designated arterial roadway in the regional transportation network, or is located in the ETJ.
Where a concept plan is not required a preliminary plat or minor final plat may still be required.
(e) Application requirements. The developer shall submit a concept plan application that contains all
of the feNewingmaterials listed in the development packet.
0) The nursn��b�eF efsGoes ^'''ea '^ 'he dove^ eon a--pt
plan appe ring p�eeutside and felded to Gified IR the deyelOYrnent-pa6keti
(2) AR eFial P„hete-at-the sarae•ssale-as-the repmdasibledraw ng
around the prepesed subdivisien er-addition with a key FefeFenGing theist pFeuided fn
SUbBeGtOOR (e)(7) ef this 9R;
(T)—rrplan ila IFlane to the zraGt-eF
the-traet;
(c) A mitMe..t tette statiRg that an annexation pets 4GR-411 be provided upon the Feq gt
by the planning diresteF-Said petit en-shalNnclude a metes-and-bedads dessr+ptien
Iah ind h'm 't"A"with .,roo Ffed-iR.,the
y � ae vi .hon-„-� n”' rar
develplament pasketand a r py of the deed shewing the GUFFeRt-owner-and labeleda6
exhibit" app!Gablej
2
A tette gineer-describing hew the subdivision will be sewed by
,-ler Feuse water(if PnP.A.d hew the utilities will intprfagp y.sith
adjacent4rasts The letteF must eversize senstructie ndler ef€site
FequiFerReRtS, if appliGable, and a geReFal diSGUSSiGR 9-R dFaiRage. if the su sienaste
be sewed by a authGpized utility-previde a letter
GeFtify!Rg the availability Gf utilities Fnust be provided. if the M s in the precess e#
he' ter! the letter.aertifyi
,g-srreatia-R,�.,�,�,��,�s,,,,n" `�heava:lability-ef6tfliti as must be-pFaVidede
finahplatt ,
esed sabdivis en er-additien;
with addFesses as FeGGFded by the repriate tax-appra sal distrist;
(a) A letter of intent for erlland .+edleatien feria, as previded4n t., thedevelepment-pe6k2
(9) ifannl'.PP„moble,, asity..a
—lf-app lasable, a writteft4eq ee�et ten use a tree4nventery-GF-a partial,tree se^:ey in I.c�F a
tree c s def'.aed ' ent'nn 4 A 20 and n Pt M the . eNn n�,f Se`._netron4,T
develepment-packet;
(12 A e!eGtFc)niG GOPY of then eat Plan in P format spas f'ed OR thee e�_,enr^-pcnGker
(13) All etheF applisati n requireme t-and
es.
(f) Notice requirement for concept plan. The planning department will mail a notice of public hearing
to the owner of each property ewner-named, as required subsectian (e)(3) Gf this
sestienlocated within 300 feet of the proposed subdivision or addition, as recorded by the
appropriate tax appraisal district. The notice shall state in effect that a concept plan is pending
before the planning and zoning commission, and shall include a disclaimer stating that the notice
is for information purposes only and that the planning and zoning commission will not take into
consideration the use of the property when approving the concept plan. The notice for public
hearing shall be mailed not less than ten days prior to the date of the planning and zoning
commission meeting and shall provide the date, place and time of the meeting. Additionally, one
on-site public hearing notification sign shall be placed by city staff on each property requiring a
public hearing not less than ten days prior to the planning and zoning commission public hearing
date. The sign shall be placed perpendicular to and no further than 15 feet from the roadway, or
as deemed suitable by staff.
(g) Constructive notice. Minor defects in notice or if an on-site public hearing notification sign is
damaged or removed shall not impair the notice or invalidate proceedings pursuant to the notice if
a bona fide attempt has been made to comply with applicable notice requirements. Defects in
notice provisions which exceed the requirements of V.T.C.A., Local Government Code ch. 211,
shall not invalidate any action or proceedings pursuant thereto.
3
(h) City staff review. After the city staff review and comment period, the developer shall submit to the
planning department the number of corrected copies of the concept plan specified in the
development packet, along with one reproducible drawing complete with all required information.
(i) Revisions to approved concept plans.
with thep
previded feFin See. 36 40(#)(-1). A request for a major revision to a preliminary plat shall trigger
the submittal of a new concept plan in conjunction with the major revision requested and trigger
notice requirements provided for in subsection (f)of this section.
Sec. 36-40. Preliminary plat.
(a) Purpose and intent. The purpose of the preliminary plat is to present a detailed layout of the
proposed subdivision in order to facilitate a review by the planning and zoning commission of the
proposed subdivision's street and drainage system, easements, utilities, building lots, and other
lots including parkland.
(b) PredevelopmeRt GORfeFRAGR. Pre-submittal meeting. The developer must attend a
predevelepment-cenferencepre-submittal meeting prior to the filing of an application for approval
of a preliminary plat, unless waived by the planning director.
(c) Required. The developer shall submit to the planning and zoning commission for approval a
preliminary plat of the subdivision. The preliminary plat shall conform withto the concept plan,
where one was required. If the planning director determines the preliminary plat does not conform
w4l: to the approved concept plan, a new concept plan shall be submitted in conjunction with the
preliminary plat and the notice requirements provided for in eubsestiAn Sec. 36-39(f)shall be
followed.
(d) Application requirements. The developer shall submit Aa preliminary plat application mustthat
contains all of the feAewiRgmaterials listed in the development packet.
r`)The n6imbeFOf Gepies sp . e ed iR the aeVelOPFReRt .aGket with the title of the ..rail.
Plat aPPeaFiRg OR the outside te a size speGified OR the evelePmeat-paeket;
(3) —A treesup:ey ori
requiremeats in sha er14;aisle 11
tRdicates the
erder- whisk he-phases oFsestieas will be develer d to e„na;ethe eras�eply enter.oiea-ef
utilities and-st:eat";
(4) AR eRQlnee�r report
(5) AGvrreRtp sersent, s Fequired by federal law, for th
dedicated-park! nd, if-applisable�
4
V-j-4fap^pl p e�BR6ept plaR�F c �:62d
elt ppraved TIA gursuaRt-to the regalFemeRts of seGt!GR 36-4496
(7) GeFtifiGatinn frena a-sur-veYer-that the prspeft b
q Cade. as
aFReRd gh 663.23, wh16h-in de PFGViGiGRs FequiriRg
1.40nnn n 4n fees prer'Si6R fAF-Rae
aRy sky4R the state;
(a) A tette.of•etent fbF paFklaea dedication f6RR-provid`d iR the-developmeRt P Gket, if net
submitted with the R6ept-plan;
appFeval,
lam li atile a tree p!aGe AeRt iaR Rt to the
t-,07-4€aPp " ^r p,=.,-pers�,a^Ro-..,�-Fega*rem ,
14
(14C' 4)TheYFei
develepment-packet;
(12) All_otheFapP,;sa pm,.,e,and
3 F2ayMeRt 9f applicable fees
(e) City staff review. After the city staff review and comment period, the developer shall submit to the
planning department the number of corrected copies of the preliminary plat as specified in the
development packet, along with one reproducible drawing with all required information and an
electronic plat in the format described in the development packet. A phase II environmental
assessment may be required if the phase I environmental assessment indicates that a potential
environmental hazard may exist.
(f) Revisions to approved preliminary plats.
(1) Minor revisions to approved preliminary plats. The planning director may administratively
approve minor revisions to approved preliminary plats. Rrepesed miReF revisieRs to aR
GGRjURGtiGR with the pFelkninaFy at-The developer shall submit a preliminary plat
application that contains all of the materials listed in the development packet. A minor
revision is one that:
a. Changes the lot size or configuration provided that the total number of lots does
not increase;
b. Changes a local street width or alignment; or
C6 Changes a utility or access easement.
(2) Major revisions to approved preliminary plats. The planning and zoning commission may
approve major revisions to approved preliminary plats. Proposed major revisions to an
approved preliminary plat shall trigger the submittal of a new concept plan in conjunction
with the major revision requested and trigger notice requirements provided for in
5
ewbeestien-Sec. 36-39(f) with the exception that concept plans contained within a
Planned Unit Development are not required to be re-submitted. The developer shall
submit a preliminary Plat application that contains all of the materials listed in the
development Packet. A major revision may include, but is not limited to the following:
a. An increase in the number of lots;
b. A change to the collector or arterial street layout; or
C. A modification of the parkland.
Sec. 3641. Final plat.
(a) Purpose and intent. The purpose of the final plat is to allow for a review by the planning and
zoning commission of the proposed subdivision's street and drainage system, easements,
utilities, building lots, and other lots including parkland, and to establish an approved, legally
recordable plat of the proposed subdivision.
(b) Corresponding final plat. If a final plat does not include the entire parcel of land included in the
preliminary plat, the final plat must correspond to the phasing approved in the preliminary plat.
(c) Required. The developer shall submit to the planning and zoning commission for approval a final
plat of the subdivision in conformance with the approved preliminary plat.
(d) Application requirements. The developer shall submit As final plat application mastthat contains
inslwdeall of the€agGwingmaterials listed in the development packet.
0) The Rumber Gf Gapies spe^fled ;n the deye'GpMeR t-Pa^et-with the title ef-the swbdivisien
the outside and felled tea size ..e.:i'e d i.. the de elepme Rt naGketi
(2) AR abGtF;3GtP.9r nprtifingtp whish shall st e the Ramer and addresses of All swfreat
i the prepeFty d rlbed in the final plat The abstFaGtG46
GeFtlfl6ate shall he dated ne eaFlieF than 20 ays-pFler te-6w ,
(3) A"GGProfthe
/A 1 .t a letter Orem thea hln Genii y' o that
1T,—Antingineer�F epar���..o.,,-�„�eyelspeF-ifaPPlica�.,7.n 9-..,Q�-ne
Ghangeshave been ma ,
(5-A-rui:Fe.,t r,��l ...... n re,d h„fmr. nl Ie, , Oe.r the dediGa
pai:Ma ,
(6)—ifappliGable, a GOPY of the GitiaPP lmi--F plat-er-a
Fevisva .:h, a ed TI A e o1 to the requirements6
(-7)— GeFtifiGatien fFGM a 6 PteyeF that the PFepeFty beundaFy-sleses-as-peF Fninimum
Standards set fGFth by the Texas BGard Of F2FGfeG6lGnaI Land SuNeying Gede a6
amended, sPeGi#ically sestien6-6631 thra6gh-663..23;which inslwde-previsions FequFnag
1;10,009 0.40 feet pFeGisien fGr-monuments found te-limits of
aRy Pity in the mote;
6
(a) The final p! vfng-whi shall rraatierrspesified a the
develeeme..! .. Gket
(9) APlestMnis GAPY Gf the Plat in a fGFrnat-spenifled in .'^ `he develepment-paeket;
(-10)—AII 9theF-app4satien4e9a::enents specified evelepraeat-packet;
(11) PaYFReRt
pplisable fees
(e) City staff review. After the city staff review and comment period, the developer shall submit to the
planning department the number of corrected copies of the final plat as specified in the
development packet, along with one reproducible drawing with all required information in a format
specified in the development packet. A phase II environmental assessment may be required if the
phase I environmental assessment indicates that a potential environmental hazard may exist.
(f) Subdivision development permit.
(1) Pursuant to V.T.C.A., Local Government Code ch. 245, a subdivision development permit
shall be issued by the planning director after the recording of the final plat. For the
purposes of this subsection, the development of each lot shall constitute a separate
project. The subdivision development permit authorizes the developer to proceed with the
next step in the development process of the lots within the recorded final plat as follows:
a. For lots zoned single-family residential, the next step in the development process
is an application for a building permit; or
b. For lots zoned for uses other than single-family residential, the next step in the
development process is an application for site plan approval.
(2) The subdivision development permit shall expire two years from the date the final plat is
recorded. Pursuant to V.T.C.A., Local Government Code ch. 245, upon the expiration of
the subdivision development permit, the development project for each undeveloped lot
contained within the recorded final plat shall be considered dormant.
(3) After a development project has become dormant, the developer of the dormant
development project whose subdivision development permit has expired may proceed
with said development project provided the developer makes an application for a building
permit or site plan approval, as appropriate, but such application shall be governed by the
ordinances and regulations in effect at the time of said application.
(Code 1995, § 8.206; Ord. No. S-05-09-08-1001, 9-8-2005; Ord. No. G-05-09-22-13C2, 9-22-2005)
Sec. 36-42. Minor subdivision final plat.
(a) Purpose and intent. The purpose of the minor subdivision final plat is to allow for a review by-the
planning and ¢eningseFanaissiea city staff and to establish an approved, legally recordable plat of
7
the proposed subdivision. The minor subdivision final plat is intended to expedite the platting
process for qualifying subdivisions by not requiring the submission of a concept plan and
preliminary plat.
(b) Pmdevalspn764 GGRA9FePGePre-stjbmittal meeting. The developer must attend a predeveleprnent
^e^'oa ,e,a.,FeRGepre-submittal meeting prior to the filing of an application for approval of a minor
subdivision final plat. At the predevelepfnent-ceafereasepre-submittal meeting, the developer
must meet the following criteria in order to file a minor subdivision final plat application:
(1) The number of proposed lots does not exceed twefour;
(2) There are no requirements for additional off-site or on-site public improvements;
(3) There is no requirement for a TIA; and
(4) At the conclusion of the pFedeveloprReRt GGRfeFeRGepre-submittal meeting, obtain the
signatures of the 124;�Slap nning director, confirming the tract of land meets the criteria
provided in subsections (1) through (3) above on the certification form provided in the
development packet.
(c) When permitted. The developer shall submit a minor subdivision final plat to the planning aad
ZORiRg planning director for approval without the submission of a concept plan or a
preliminary plat. If the planning director denies the minor subdivision final plat application, the
application shall be referred to the planning and zoning commission for approval.
(d) Application requirements. The developer shall submit aA minor subdivision final plat application
FRUSt-insladethat contains all of the#eNewting:materials listed in the development packet.
0) The RUFR;er et sepies_spesified the deye'GPFReRt PaGket With the title of the rninA.F
subdivlalen-final plat-appearing-on the outside and folded tG ^ SiZe SpeGified in the
de,�,e;t paG,tit;
(2) Ana ob'aGtsF's reFtifiGate Wh sh shall state's and ad
ewnere and s Trent ORnhelders of the-prsp
plat. The abstFaGWPsion
of tL..-i.,e mind
(3) A sopy of the deeds ideRtifyiRg the 9wReFs of e pFspeFty;
(4) AG6nent phase 1 envi Gn e.,.,,atassessment, 's Feq_
lieable;
(5)_SertifiGati n,aa.,om aa,
a-.., ., .veyaF that the-pFap
standards set fe.th by the Teves oeofd-Gf PFGfe6616na1-Land-.Siuweying Cade,, as
amended-spesifisally s 4ng
110,890 9.19 feet PF8GiGi ^ f^F FneR44meRtG fb6lRd op Get within the GDFPOFate limits of
any Pity k;the state;
8
(6) The GeFtifiGation fbFFR ed by the PD"jfeGt9F, the GGRfiFMFR9 the tFaGt Of land q6IliflB6
(7) The FRi QFsubdivi6ieq fFsal plat dFawing whl6h Shall IR6lklde all the inferHiatl6R speGif ed in
(8) Ana eetreFdeGegy of the plat+n a fGFFRat-spesi#iad '^ 'a.. he develapmeat packet;
(9) All ether appl Batten Fequire e^t^ ^ d flea in the ae„e eiape,tpadet; a^„d
(,nc��_Payment-etapplieable-fees
(e) City staff review. After the city staff review and comment period, the developer shall submit to the
planning department the number of corrected copies of the minor subdivision final plat as
specified in the development packet, along with one reproducible drawing with all required
information in a format specified in the development packet. A phase II environmental
assessment may be required if the phase I environmental assessment indicates that a potential
environmental hazard may exist.
Sec. 36-43. Replat.
(a) Purpose and intent. The purpose of a replat is to resubdivide all or part of a recorded plat, without
the vacation of the preceding plat, and to allow for a review by the planning and zoning
commission. A replat is not required when the city or other governmental entity acquires part of a
developed property for right-of-way expansion.
(b) .Pre-submittal meeting. The developer must attend a
predevelepme„tGenfe eneepre-submittal meeting prior to the filing of an application for approval
of a replat.
(c) When permitted. The developer shall submit to the planning and zoning commission for approval
of a replat;in compliance with the Texas Local Government Code as amended.
(d) Application requirements. The developer shall submit Aa replat application must ineludethat
contains all of the following materials listed in the development packet.
0) The Rumber of Gaples esiflad invent-packet-with the title Gcamf the Fepla
And faldea to asize .:reg 1n the de„vi..pR;eRt paGketj
(2) An abskast�;ate-whish-she!I 6tate the names andaddFesses ef-any-aad alI
en4 n n.i GUFFeRt lenheldenc i IT�n'''he-p19Ped' r'Le.l 'n the nlvl The
absk4:astef'6 certificate shall-be-dated„�er than 30 days pFi r4e-su14Fai66ien Of t
replat;
(3) A sept' of the deeds4deiitifyfng-the owners of the-pFepe#y;
(4) AR eR9iReewreport-(5)lfappliGable,a city appFGVedTlAfaFthepFepesed Feplat
PUFGUaRt to the entsa€6ectien-35
9
FtIf16at10R-fFB1that the-pFepeFty bai4PAaP/ eF-minimum
standaFds set forth by the Teves Rnard eF Drnfesd
amended, speGifiGally seGtiG 63.13 thFeugh
1;10,099 a 9.10 feet p p fGF PRORLIMentr fa
( arne6-And-addfe6F;PF; 6f�1�f-�e�-.6W]/Re�Fs Gff�^FGpeFty ttphatt aFe
OR the G al
,�ubdivir 9R-and that are-lenatetl-YYtttttttyHWfeet H' Okhe-p•" eFty GG Rtainad lR t�_.r�ne Fepplat-as
OtlV VfYtOlen-areaZnvca
FeG9FdedOR the dFRQ-
a. A diagpaFR that eRtifies said PFOpeptles and a key to t�e list p ad; and
Ge Flt-pFep@Fty-G WneFs4deRtPed--f6F
deliYeFy iR-Fegutap4nail
(a) Theieplat pawing whinh shall indudeAll Of the pmeRt
packet;
(9) AR eleGtF f the at In a feFFRat specifeda„:,hem Gket;
c=�— 9R.G�opy-a=-�=, �-.r,-a-.or.,,Q.-nP
(10) All ot;erapplGatiWI Fega rte,eats-speGified4n the develepmeRtpaGketand
(11) PaymeRt of ap;;'lGble fees
(e) Notice requirement for replats. Pursuant to V.T.C.A Local Government Code ch. 212.015, a
public hearing is required for replats containing lots which during the preceding five (5) years
were limited by zoning or deed restriction to residential use for not more than two residential units
per lot. A public hearing is not required for replats containing only lots zoned or restricted for all
other uses. Notice of a replat public hearing shall be given, not less than 15 days before the date
set for the hearing, by publication and by written notice forwarded by the planning director to the
owners of property lying outside of the replat boundaries and within 300 feet of those boundaries
as indicated on the most recently approved municipal tax roll or, in the case of a subdivision
within the ETJ regulated by the city, the most recently approved county tax roll of the property
upon which the replat is requested. The written notice may be delivered by depositing the notice,
properly addressed with postage prepaid, in a post office or postal depository within the municipal
boundaries. Additionally, one on-site public hearing notification sign shall be placed by city staff
on each property requiring a public hearing not less than ten days prior to the planning and
zoning commission public hearing date. The sign shall be placed perpendicular to and no further
than 15 feet from the roadway, or as deemed suitable by staff.
(f) Constructive notice. Minor defects in notice or if an on-site public hearing notification sign is
damaged or removed shall not impair the notice or invalidate proceedings pursuant to the notice if
a bona fide attempt has been made to comply with applicable notice requirements. Defects in
notice provisions which exceed the requirements of V.T.C.A., Local Government Code ch. 211,
shall not invalidate any action or proceedings pursuant thereto.
(g) City staff review. After the city staff review and comment period, the developer shall submit to the
planning department the number of corrected copies specified in the development packet, along
10
with one reproducible drawing with all required information in a format specified in the
development packet.
Sec. 36-44. Amending plat.
(a) Purpose and intent. The purpose of an amending plat is to replace a recorded plat without
vacation of that plat, and to allow for a review by the plaRRing and aeaiag GGFnM ssieacity staff.
The amending plat is intended to be used as a limited means to correct minor errors or make
minor adjustments to a recorded plat as provided in V.T.C.A., Local Government Code§ 212.016,
as amended.
(b) PFedevelepmeRt seRfereRGePre-submittal meeting. The developer must attend a pFedevelepFR
GGRfeFeaaepre-submittal meeting prior to the filing of an application for approval of an amending
plat.
(c) When permitted. The developer shall submit to the Onsing a lap nning
director for approval an amending plat application in lieu of a preliminary and final plat when the
proposed amending plat is filed for one or more of the purposes listed in V.T.C.A., Local
Government Code§212.016. If the planning director denies the amending plat application, the
application shall be referred to the planning and zoning commission for approval.
(d) Application requirements. The developer shall submit Anan amending plat application must
iReludethat contains all of the fallnv# ,materials listed in the development packet.
0) The numbeF af as spao%fied in the develepFReRt-pasket-With the title ^aa .-the amending
ahe aeyelelpMeRt_paGke•i
(2) An bstraster's seAWiGate-whiGh-shailatatethe names ddresses efall-surrent
6wReFs and Pyrrant ren p dpFr ..r the pFepeFty e .Hied in the amendiRg plat. The
abst4:a Is se#ificate she belated-Re earPi
aFReRdiRg Plati
(3) Asept'ef he deeds-ide"tifyigtha GWRers of the prepeky`
(4) AR eRgiRee Fs-Pepeh if. ppli Gable, The PIDS diFe tGF m waive the requirement far an
eRgiReer's repe 1
are-Resessary;
standards set fahh by the. exas heard a g-Gede;as
uGVti6leR6 requAng
1 A 9,090 9.10 aeepreGiGi9R-feF-FRBRumeRt6-fA'i d er-rat w thlR-the Gefperate e°
aRy-Gity iR-the-statei
11
(a� amending plat drawing w#iGh shall RGlude all of the iRfGF atien spesifad is the
develepment.. GkeF
vc�c,vpmcm-Paortcr
(7) An ele&Gnie Gepy of the plat-ina format-speeified is the-develepment-pasket-,
(a) All oto;appliGatiOR Fequirements spedfied iR the developmeRt PaGketjand
(9)—paymee.ef-applicablefees-
(e) City staff review. After the city staff review and comment period, the developer shall submit to the
planning department the number of corrected copies specified in the development packet, along
with one reproducible drawing with all required information in a format described in the
development packet.
Sec. 36-45. Plat vacation.
(a) Purpose and intent. The purpose of a plat vacation is to nullify all or part of a previously recorded
plat.
(b) When permitted. The developer shall submit to the planning and zoning commission for approval
a plat vacation as permitted under and in compliance with V.T.C.A., Local Government Code§
212.013:
(1) No lots sold. The owner of the land covered by a plat may vacate the plat at any time
before any lot in the plat is sold. After approval by the planning and zoning commission,
the plat is vacated when a signed, acknowledged instrument declaring the plat vacated is
recorded in the manner prescribed for the original plat.
(2) Lots sold. If one or more 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 lots in the plat with approval
obtained in the manner prescribed for the original plat. After approval by the planning and
zoning commission, the plat is vacated when all owners record a signed, acknowledged
instrument declaring the plat vacated.
(c) Application requirements. The developer shall submit aA plat vacation application must
insludethat contains all of the following materials listed in the development packet.
0) A letteF fFnr�the de„elenep explain n the , n fn,.the
(2) Anabstraater's-sertlfioate which Shall state t names an addresses efall sdrrent
owners and flpnheldeFs eF the p,vp'ac y desGFiohed in thP V Gating plat.The abstraGtor-'s
GeAffiGate shall be dated Re earlier than 30 days pFier to t a subm•s at
vaaatiOR appllsatlen;
(3—A-sepy of the-deeds4enti#ying4e Gwners afhe-property;
12
(4) A G9FAp;eted, sigRed aFid aGkRawledged plat YaGaties-instrume„r,,n.:n,.ludiRg the GigRatUF
of the PDS d!FeGtoF if n bl!G Fights of way eF easemeRts n e heir YaGated and
ssiiLgnatures of-any addit enal-enttiitiel s_a_u�t#Jae.'_.,�ed.Cto_o �e the e-asevnent;
/FL'5) The plat vaGatien-appliCiatiMR Rha Af the-nfem4a
develepmeRtpa ket; and
(6) PaymeRtppNsable fees
Sec. 36-46. Release of Easement.
(a) Purpose and intent. The purpose of a release of easement is to nullify a portion or the entire
easement established by a previously recorded plat or by separate instrument. A release of
easement may be initiated by the respective lot owners or by the city.
(b) When permitted. The developer shall submit a release of easement application containing a
metes and bounds description and sketch of the proposed area to be released, and signed by the
owner of the land requesting the city to vacate the easement, in order to release all or a portion of
an easement, including but not limited to, a public utility easement, drainage easement,
conservation easement, public access easement or combination public easement. AfteFapprevel
by the Gity The easement shall be released when all owners and entities authorized to
use the easement sign and acknowledge a release form, approval is granted by the city manager
and the release of easement instrument declaring the easement released is recorded.
(c) Application requirements. The developer shall submit Aa release of easement application roast
insludethat contains all of the following:
(1) A copy of the deeds identifying the owners of the property;
(2) A letter signed by the owners of the lot to the planning director containing the following:
a. A metes and bounds description and survey sketch including a description of the
easement or portion of the easement to be released including the lot description
and orientation to the nearest lot line;
b. An explanation of the purpose of the release request; and
C6 Signatures by the entities authorized to use the easement agreeing to the
requested release of easement, in the form provided in the development packet.
(3) Payment of applicable fees.
Sec. 36-47. Approval procedure.
(a) Distribution and review. The planning director shall distribute a copy of each application to the
reviewing agencies and the reviewing agencies shall review the application in accordance with
the Texas Local Government Code and this chapter. The planning director shall prepare a report
13
for each application and shall distribute the report to the planning and zoning commission, except
for those applications approved administratively.
(b) Director approval. After a review by the reviewing agencies, the planning director may approve
easement vacations. Upon a determination by the planning director that all of the public utilities
authorized to use the easement proposed for vacation approve of the vacation request, the
planning director shall then approve the respective easement vacation.
(c) Planning and zoning commission action. The planning and zoning commission shall review the
reports of the planning director and shall either approve, approve with minor conditions, or
disapprove concept plans or plats within 30 days after the filing of a completed application. The
planning and zoning commission may approve a written request submitted by the developer to
table a concept plan or plat application to a specific future planning and zoning commission
meeting when it is requested on a form provided by the city where the developer waives its right
to having the plat acted upon within the required 30 days as set forth in V.T.C.A., Local
Government Code§ 212.009(a). The planning and zoning commission may not table action on a
plat without the consent of the developer and a waiver of rights.
(d) Notification of action taken forplats. Within ten working days after action taken by the planning
and zoning commission, the planning director shall issue to the developer a certificate as required
by V.T.C.A., Local Government Code§ 212.0115, stating that the plat has been reviewed and
approved by the planning and zoning commission.
(e) Expiration of concept plans and plats.
(1) Concept plan approval. The approval of a concept plan shall expire three years from the
date of application approval.
(2) Preliminary plat approval. The approval of a preliminary plat shall expire three years from
the date of approval unless a final plat for a portion of the preliminary plat has been
approved and recorded, in which case the preliminary plat is extended three additional
years from the date each additional final plat is recorded.
(3) Final plat, replat, and amending plat approval. The approval of a final plat, replat and
amending plat shall expire two years from the date of approval if the respective plat has
not been recorded. The developer may request an administrative extension of three
years prior to the two-year expiration date where the city has accepted the subdivision
improvement construction plans as provided for in Sec. 4-96(a).
(Code 1995, § 8.212)
14
Sec. 36-48. Recordation procedure.
(a) In order for the approved plat to be recorded, the develepeF must submit the4e4lewiag to the
plIa^n:n9d;FeGWFefollowing are required:
(1) The plat is subject to the recordation requirements of V.T.C.A., Local Government Code
§ 212.004(b):
(2) The plat is subiect to the filing and recording provisions of Texas Property Code§
12.002: and
(3) The developer must submit to the planning director all other application requirements
specified in the development packet.
(4) Recorded copies of any required off-site easements.
f..I,-a.;-Sa;FAM
enhGldero of i �-mm=r4.' AecnF'bed 'n the plat The abstrarter's
certificate shall belated ne eaflieF than '� n,a„ days pFiGFtoa_request-far FeGaFdatien-ef4he
plat+
(2) AR a knee I d ed-si nbme the n �e land being platted 1f
Cc7— RGrmwnc g �Rviarc-oFri^"-P
the. nurrent em.mer is different thaR the 9wReF at the time the fiRal plat was appreve4�
(3) A-t♦tlle nsafanfie pelisy-naFning the MY aG the holdeF,
(4) A deed f9 may-Park!^ad-dedisatlen GFsashsenklbi tlen in lieu e€parkland dedisatlen-if
apoGabble 1f the final plat is nhatg be platted d it-deer net-include
the parkland-to be-de idea to Rp
to the paFklaHd aGGeptnhle tQor_ he nity in a fe d by the..It„ atterneyj
A deed-feFdra """Y nnd'aF d�Tete4en lets to-be dediGated to the sit„ ..�
�— FaQe-rlgt�t-of-waY-a .w=tea-.o-�.,�«r-o
ha.meGWReFs a
( t-e
(7) Willl
develop Fnent-packet, whereapplisable;
t,
(9) A-6epy-efthe the-z0R'Rg adMiRl&tFateFnet'fy'RQ-that-the
Fequirements t the
anter �A art'ole 11 of this Gede have been FRet anrt if anol'oable the
pest+Rg_Gf the appfepFlate fs$•al $e$� a6•�n 14 28 of this Gedei
YY Y Rts
have been satisfasterilyGeFRpleted RasseFdaRse wiN�se�tsubdlvlsisR
f
appFGoate f al seGUFity has ostpd Onasserdanse with-seg ie�
6tewater Fall-single-family-FesideRtlal
and twn family Fesidentlal 19t6;
(12) The pFesG4bed-Gwnty-r26BFdat19R-fees-(by-GheGk-m de payable to "WillIaMSGR CO ,nh,"
9F"Travis SGa„ty-.hGrheyerasapjAeahle,
15
(13)Separate-instwment-easementsANhereapplicable;
(14) Regional stssmvvester-detention fees, n lieu of an site-detentien,-where- ppreved-bohe
RBS-director
(b) The planning director shall obtain the required city signatures on each reproducible copy of the
plat. After all signatures required for recordation have been affixed to the plat, the planning
director shall present the prescribed county recording fee and the plat to the office of the county
clerk for recording.
(c) The official copy of the recorded plat shall be maintained at the office of the county clerk. A copy
of the recorded plat shall be maintained in the files of the planning department.
(d) IJ On reserdatien-ofthe-iat t4e-plannin"irestar-shati4stribute-sepies of#ae-plat to the-city
set+aty, and-etherapprepriate-public and-private ent ties Ps the devetepraenfpasket-
Sec. 36-49. Filing fees.
Fees shall be charged for all concept plans, plats, or vacation applications. The fees and charges shall be
paid upon the submittal of an application and the application shall not be considered complete until such
fee has been paid.
II.
A. All ordinances, parts of ordinances, or resolutions in conflict herewith are
expressly repealed.
B. The invalidity of any section or provision of this ordinance shall not
invalidate other sections or provisions thereof.
C. The City Council hereby finds and declares that written notice of the date,
hour, place and subject of the meeting at which this Ordinance was adopted was posted
and that such meeting was open to the public as required by law at all times during which
this Ordinance and the subject matter hereof were discussed, considered and formally
acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government
Code, as amended.
16
READ and APPROVED on first reading this the day of
READ, APPROVED and ADOPTED on second reading this the day of
2017.
ALAN MCGRAW, Mayor
City of Round Rock, Texas
ATTEST:
�n A
& L/ - d�* —
SARA L. WHITE, City Clerk
17