§ 32-40. Submission requirements

(a) Zoning requirements. A property within the city's corporate limits that is being proposed for platting must be properly zoned by the city prior to approval of a preliminary plat. In addition, the proposed development layout or subdivision design shown on the proposed plat must be in conformance with all standards and requirements prescribed in chapter 40, zoning.

(b) Noncompliance with district. Noncompliance with the requirements of the zoning district in which the subject property is located, or lack of the proper zoning, shall constitute grounds for denial of the plat. In situations where the zoning on a particular piece of property cannot be ascertained by the city, the burden of proof regarding the property's zoning shall rest with the applicant. Proof of proper zoning shall consist of appropriate documentation, such as a copy of the ordinance establishing the zoning, which shall be reviewed by city officials as to its validity and authenticity.

(c) Plats in the ETJ. Any plat located in the city's ETJ that is submitted for approval by the city shall be in accordance with the city's comprehensive plan, including all adopted water, sewer, storm drainage, future land use, park, recreation, open space and thoroughfare plans.

(d) Professional submittal required. All plats shall be prepared by a licensed civil engineer or a registered land surveyor.

(e) Classification of subdivisions and additions. Before any plat is filed for record with the county clerk, the property owner shall apply for and secure city council approval of the required subdivision plat, in accordance with the following procedures, unless otherwise provided within this chapter. The general development process, timelines and bodies which approve each application is as shown in appendix A to the ordinance from which this chapter is derived.

(1) Minor subdivisions may be approved for residential or nonresidential properties. A plat involving four or fewer lots abutting an existing street and not requiring the creation of any new street or the extension of municipal facilities shall be considered a minor plat. Minor plat approval by the city council requires the submission of a final plat drawing and other submission materials required by section 32-45. Lots may be conveyed or sold only when the plat has been approved by the city council and the plat has been filed with the county clerk.

(2) Major subdivisions may be approved for residential or nonresidential properties. The procedure for approval of a major subdivision typically involves three steps: a preliminary plat (see 32-41), construction plans (see 32-44), and final plat (see 32-45). All major subdivision plats must be reviewed and voted upon by the commission and approved by the city council, pursuant to sections 32-41 through 32-45. If the land is required to be platted, no conveyance or sale of any portion or lot of the property may occur until after the final plat is approved by the city council and filed with the county clerk, except where land is reviewed and approved through the development plat process in section 32-47

(f) Submission requirements for all types of plat applications. In addition to the requirements outlined herein for each type of development application, the city shall maintain application forms, checklists, language blocks for plats and other similar items. The forms and paperwork are available at the office of the city manager. These supplemental materials may be amended from time to time, and it is the applicant's responsibility to be familiar with, and to comply with their requirements. No plans providing land use, density or intensity shall be considered by the city prior to the submission of a preliminary plat application.

(g) Right to deny plat. The city may deny any application if the applicant does not submit the information and fees required by this chapter.

(h) Misrepresentation of facts. It shall be a violation of this chapter for any person to knowingly or willfully misrepresent, or fail to include, any information required by this chapter in any plat application or during any public hearing or meeting of the commission or city council. Such a violation shall constitute grounds for denial of the plat.

(i) Proof of landownership. Only the landowner or his authorized agent are allowed to submit an application for subdivision approval. The city may require proof of ownership or documented proof of authorization to serve as agent for the landowner from any applicant.

(j) Official submission date and completeness of application for all types of plats.

(1) For the purpose of these regulations, the "submission date" shall be the date upon which a complete application for approval of any type of plat, that contains all required elements mandated by the V.T.C.A., Local Government Code § 212.004(b) and by this chapter, is first submitted to the city manager, after which the statutory period required for approval or disapproval of the plat shall commence to run. No application shall be deemed officially submitted and no further processing by staff shall occur until the city manager determines that the application is administratively complete and a fee receipt is issued by the city.

(2) Failure by the city manager to make a determination of incompleteness within ten business days following the date on which the application was first received by the city shall result in the application being deemed complete, and the submission date shall become the tenth business day following initial receipt of the application by the city.

(3) Plat applications which do not include all required information and materials, as outlined below and per other city development review policies which may change from time to time, will be considered incomplete, shall not be accepted for official submission by the city, no further processing by staff shall occur and shall not be scheduled on a commission or city council agenda until the proper information is provided to city officials.

(4) Incomplete plat applications shall expire on the 45th calendar day after the application is filed if:

a. The applicant fails to provide documents or other information necessary to comply with the city's technical requirements relating to form and content of the application;

b. The city provides to the applicant not later than the tenth business day after the date the application is filed, written notice of the failure that specifies the necessary documents or other information and the date the application will expire if the documents or other information is not provided; and

c. The applicant fails to provide the specified documents or other information within the time provided in the notice.

(5) Applications that are deemed complete will expire if approval by the city council does not occur within 180 days from the date that the application was deemed complete.

(k) Submission procedures and city review process for all types of plats.

(1) Submission timing. An application for approval of any plat shall be submitted to the commission at least 28 calendar days, but no more than 30 calendar days after the date that the application was deemed administratively complete, unless the applicant waives the 30-day requirement for action on the plat in writing, prior to the commission meeting at which it is to be considered.

(2) Submission materials. The application shall include a written application form that bears the notarized signatures of the property owners of the subject property, along with the appropriate submission fee, the appropriate number of full-size (24 inches by 36 inches) prints of the plat, as required by the city's current development review policies and requirements, one 11-inch by 17-inch black and white reduction of the plat, a copy of any applicable development agreement pertaining to the subject property, if any, and an electronic version of all submission documents in a format that is suitable for uploading into the city's geographic information system (GIS) or other electronic format as specified by city staff, and shall clearly demonstrate that the proposed development complies with all applicable laws, and any other applicable information and materials deemed appropriate by the city.

a. The application shall be accompanied by a certificate showing that all taxes have been paid on the subject property, and that no delinquent taxes exist against the property, in accordance with section 32-9. Documentation shall also be included that shows no delinquent assessments, fees, or other debts or obligations to the city and which are directly attributable to the subject property.

b. The application shall also be accompanied by an engineer's summary report that describes, in as much detail as necessary, the following: the overall nature and scope of the proposed development, including zoning of the property, if applicable, proposed use and acreage of each proposed use, minimum lot sizes, widths and depths, number of lots to be created, and special amenities or facilities that will be included in the development; how the property will be served with required utilities and services; how stormwater drainage will be handled; and an itemization and description of any exceptions from provisions of this chapter that will be sought. If the proposed development will have access points onto a major thoroughfare, the application shall also include a letter from the appropriate entity, such as TxDOT or the county, acknowledging and approving proposed driveway locations and corresponding median openings and left turn lanes, if applicable. Letters shall also be provided from each of the applicable utility service providers, or that each lot meets the requirements for an off-site sewage facility, gas, electricity, telephone, cable TV and solid waste, verifying their receipt and review of all materials depicting the proposed development and their ability to provide an adequate level of service for the proposed development. A letter from the Marble Falls Independent School District shall also be provided that acknowledges the district's ability to accommodate the additional number of schoolage children that will be generated by the proposed development, and that expresses any desire the district may have to obtain a future school site within any portion of the subject property. Failure of the MFISD to provide a letter or inability to accommodate new development proposed in the plat application shall not be a reason to deny the plat application.

c. All plat drawings and other corresponding plans and drawings, including engineering plans shall be on sheets no larger than 24 inches by 36 inches in size, and shall be drawn to a known engineering scale of not smaller than 100 feet to the inch or a larger scale. In cases of large developments which would exceed the dimensions of the sheet at 100-foot scale, plats may be on multiple sheets or to another known engineering scale, as approved by the city manager, and in a format that will be acceptable for eventual filing with the county clerk.

(3) City staff review. Upon official submission of a complete application for plat approval, the city shall commence technical review of the development application by forwarding a copy of the application and plat to relevant staff staff shall review the plat and shall ascertain its compliance with these and other applicable city regulations. It shall be within the city staff's discretion to request the city engineer to review the application to determine compliance with the provisions of this chapter. City staff shall automatically refer an application to the city's engineer when the subdivision consists of ten acres or more. City staff shall provide prior notice to the developer when it refers the application to the city's engineer. The developer shall be responsible for all actual costs incurred when its application is reviewed by the city engineer and payment shall be required prior to recording of the plat. Following the city staff review of the plat and supporting documents, and following discussions with the applicant on any revisions deemed advisable and the kind and extent of improvements to be installed, the applicant shall resubmit additional copies of the corrected plat to the city manager no later than ten calendar days prior to the commission meeting. Failure to resubmit corrected copies of the plat back to the city in time shall be cause for the city manager to forward the plat application to the commission as it was originally submitted rather than the corrected version of the plat. If, upon resubmission of the corrected plat to the city, the city manager determines that the application is still incomplete or is not correct, the plat application shall be subject to denial.

(4) Request for waiver. After the plat has been scheduled on an agenda, the applicant may request, in writing, a waiver of the 30-day approval requirement in order to allow more time to correct deficiencies, address concerns, or otherwise improve the plat pursuant to the city's regulations. After receipt of the request, the city may delay action on the plat beyond 30 calendar days following the official submission date.

(5) Action by the commission and the city council. All subdivision plat applications, unless the city manager may approve the application under the provisions of this chapter, shall be reviewed by the commission, and if in conformance with the provisions of this chapter and with all other applicable regulations of the city, they shall be approved by commission and the city council.

a. City staff shall place applications for preliminary plats that are deemed to be administratively complete by the city manager on the next regular commission agenda. The commission shall review each plat application and shall recommend approval, approval subject to certain conditions, or denial of the plat application. The city council shall take action on the plat within 30 calendar days of the action of the commission.

b. Affirmation of minor modifications to or denial of the commission's recommendation to approve the plat shall require a majority vote of the city councilmembers present.

(6) Simultaneous submission of plats. In the event that an applicant submits preliminary and final plat applications simultaneously, the city manager shall schedule both plat applications for action by the commission within 30 calendar days of the official submission date, unless the applicant has executed a written waiver of the 30-day review period for one or both plats.

If the preliminary plat has not received approval prior to consideration of the final plat by the commission, then the commission shall deny the final plat application. The city council shall take action on either one or both plat applications, as applicable, within 30 calendar days of the commission's action. Affirmation of, or minor modifications to, the commission's recommendation to approve the plats shall require a simple majority vote of the city councilmembers present.

(Ord. No. 549, § 10.212, 12-22-2009)