The next consideration is to determine whether the property has been properly platted. Structures cannot straddle property lines and must be set back from each property line as required in the Zoning Ordinance and Building Codes for fire separation. If land is to be subdivided to create lots for development or if lots are to be combined into one or more larger lots then the land must be platted. Subdivision regulations govern water, sewer, drainage and street construction as well as platting. The complete requirements for platting is detailed in the City of Terrell Subdivision Regulations as adopted and applies to all tracts of land within the corporate city limits as well as in the city’s extraterritorial jurisdiction (ETJ) which is the area surrounding the city within one mile of the city limits.
If the property requires platting for the first time then it is a two step process. First, a Construction Plat is prepared which is essentially a site plan overlaid onto a preliminary plat and includes the location of buildings, parking, landscaped areas, etc. in addition to drainage patterns, utility easements, street right-of-way, public amenities such as parks, and lot layout.
Second, the final plat is then prepared in which most of the cultural and engineering data has been removed so that the rights-of-way, easements, public dedications, and lot and block designations can be easily read along with the official legal description and official signature blocks. Final Plats must be filed with the County Clerk before building permits can be issued. Property that has already been platted may require replatting if lot lines, easements or rights-of-way are to be moved, added, removed or altered.
Replats are final plats that are generally approved in the same manner as initial final plats.
Application for Plat Approval
1. The initial application shall include two (2) full size copies (24″ x 36″”) and one reduced copy (11 x 17) of the construction plat and two (2) full size copies (24” x 36”) of the preliminary civil engineering drawings. Preliminary civil engineering is to be submitted with a Construction Plat and final civil engineering is to be submitted with a Final Plat. Engineering plans should include existing and proposed drainage patterns and flows, existing streets and proposed streets, water and sewer service, detention, stormwater management, flood plain designation, etc. A technical review of submitted plans by staff will be completed and the markups returned to the applicant within 10 days of submitting the application.
2. Revisions of the initial submittal shall include two (2) full-size (24” x 36”) sets and one reduced copy (11 x 17) of the revised construction plat and two half size sets of civil engineering plans along with the original markups and must be returned no later than five (5) business days prior to the scheduled meeting date to be considered for the next Planning and Zoning Agenda. The State mandated 30-day approval period for plats begins on the date the technically correct and complete drawings and supporting documents are received and fees are paid. In cases where the 30 day approval period cannot be met a waiver form must be signed by the owner or applicant prior to the expiration date or an administrative denial of the plat will result.
3. After Final Plats are approved by the Planning and Zoning Commission, the project will be released for construction of all public infrastructure including streets, water, sewer, parks, etc. After the City accepts all of the public improvements the final plat will be released for filing. All fees, bonds and escrow funds must be paid prior to the plat being released for filing and issuance of building permits. One set of Mylar as-builts of any public infrastructure constructed and one set of as-builts on a disk in digital format in either .dwg, .pdf or in TIFF format at 400 dpi are to be submitted at the time final plats are delivered for signatures.
4. Final plats ready for filing shall include:
a. One (1) full size (24”x 36”) Mylar and one (1) full size (24” x 36”) blue or black line prints with the scale at no more than 100’ per inch for city records.
b. One (1) 18” x 24” Mylar and two (2) 18” x 24” blue or black line prints with the scale at no more than 100’ per inch for county records.
c. Each of the above shall be submitted with original notarized signatures and seals to the Municipal Development Department for city signatures along with a current tax certificate showing there are no delinquent taxes owed to any taxing authority.
d. The applicant will be required to reimburse the City for filing the final plat and tax certificate with Kaufman County.
5. Building permits are only issued on tracts or lots that have been properly platted unless State Law specifically provides for an exemption.
6. Plats should include the following:
a. Graphic Scale, North Arrow, Location Map and Legend
b. Title Block in lower right hand corner:
i. Name and phase of addition or project
ii. Indicate lot square footage on all non-rectangular lots to verify minimum size
iii. PD or SUP ordinance number if applicable
iv. Name of Owner, Developer, Architect, Surveyor, etc. w/ addresses and phone numbers
v. Lots and Blocks labeled correctly
vi. Correct Survey, Abstract and County callout
c. Complete legal description
d. Correct zoning callout on subject tract and adjacent tracts
e. Correct names and suffixes of adjacent streets or highways and/or conflicts with existing street names in same zip code if new streets are proposed.
f. Correct City limit or ETJ boundary if adjacent to subject tract
g. Any callouts for easements are properly labeled or if by “separate instrument” must have Vol. and Page where recorded.
h. Show 2 foot contours and 100 year flood plain elevation line if applicable and also indicate finish floor elevations of all pad sites adjacent to the flood plain (on construction plat only).
i. Public parkland and open space areas delineated with square footages or acreage.
j. HOA lots or common areas are designated and have note posted: “ HOA owned and maintained”
k. Delineate alleys and ensure that they do not open onto thoroughfares.
l. Show screening walls adjacent to street right-of-way and include them in maintenance or landscape easement (construction plat only).
m. Add private utility easements (5 ft. minimum) on the front of each residential lot outside public street ROW for franchise utilities. (not required if they are located in alleys)
n. Verify minimum lot sizes, setbacks, building size/ht and total number of lots and check against zoning or PD conditions.
o. Preliminary engineering – drainage, water and sewer, streets etc. to be submitted with construction plat).
p. Final engineering – to be submitted with final plat.
q. Check Phase lines for overlap and whether proper access is provided during each phase.
r. Check for proximity of incompatible zoning and performance issues such as noise, lighting, proximity slopes, etc. and screening requirements.
s. Show all easements and rights-of-way both existing and proposed and check to see if ROW or easements are the right widths, labeled correctly and designated for dedication.
8. Check to see if tree survey and tree management plans are required on tracts where trees have protected status (per landscape ordinance) prior to development (submit with construction plat)
9. Check setbacks, especially on corner “key” lots and lots platted under prior ordinances, or adjacent to other zoning districts. Check for platted building lines, which may differ from current codes.
10. Check to see if project is entirely within the City Limits or ETJ.
NOTE: Existing developed properties may be utilized or redeveloped for a different use than they were originally intended for in which case certain standards must be met before the buildings may be constructed or occupied by the new use. Issues such as building codes, fire codes, zoning, parking, exterior façade materials, signage, landscaping, etc. may or may not apply. Check with the Municipal Development Department first before signing a contract to lease or purchase such a structure or property.