§ 17.5-28. Jurisdiction/exemptions.

The regulations comprising this chapter and the authority of the city council and the planning and zoning commission to regulate subdivisions shall apply to all subdivisions of land lying within the city or its ETJ. Except as expressly stated herein, all subdivisions within the city or its ETJ shall be platted and submitted for review to the planning and zoning commission and for approval or disapproval by the city council. The city shall not extend utilities, provide access to public roads, or issue building permits for the development of any property which has not received final plat approval.

(1)

A subdivision plat shall be required for every owner of any tract of land who may divide said tract into two (2) or more lots or tracts, or create from said tract one (1) or more lots of record, including an addition to the city or its ETJ, for the purpose of:

a.

Laying out suburban, building, or other lots;

b.

Transfer of ownership;

c.

Laying out streets, alleys, squares, easements, parks or other parts of the tract intended to be dedicated for public use; or

d.

The use of purchasers or owners of lots fronting on or adjacent to the streets, alleys, squares, parks or other parts of the tract intended to be dedicated for public use.

(2)

The following types of subdivisions in the ETJ do not require subdivision plat submittal or approval by the city:

a.

If each of the lots:

1.

Is greater than five (5) acres in size; and

2.

Has a minimum of three hundred (300) feet frontage on an existing dedicated right-of-way of the required width which has been accepted for maintenance by the county commissioners court having jurisdiction, or Texas Department of Transportation (TxDOT), or which has a permanent ingress/egress access easement recorded in the county deed records and approved by the city staff; and

3.

Does not require the extension of new utilities or street construction; or

b.

If each of the lot(s):

1.

Is greater than five (5) acres in size; and

2.

Is located along an existing private road or permanent ingress/egress easement for access purposes that was filed for record in the county deed records; and

3.

Does not require the extension of new utilities or street construction; or

4.

The tract of land is to be used solely for the financing of the construction of a building, or for the refinancing of an existing building; or

5.

Where there is a division of property through either conveyance, inheritance, the probate of an estate, or by a court of law between persons related in the first degree of consanguinity, and the property is divided into unequal tracts which do not exceed one (1) tract per person related in the first degree of consanguinity, the larger tract(s) will not have to file a plat for approval if the larger tract(s) would otherwise be exempted from the platting requirement in accordance with subsections (2)a., b. of this section. This exception from the plat submittal or approval process only applies to the initial division and transfer of property from the original transferor to a person or persons related in the first degree of consanguinity.

(Ord. No. 1998-14, § 1(Exh. A), 6-2-98; Ord. No. 2016-61, § 1(Exh. A), 10-13-16)