* CHAPTER 10  SUBDIVSION REGULATION  A ARTICLE 10.100 GENERAL  e - Sec. 10.101 Title Development Chapter."  This chapter shall be known and may be cited as "The City of Grays Prairie Subdivision and  Sec. 10.102 Authority  This chapter is adopted under the: authority of the city charter, the Constitution and Laws ofthe State of Texas, including Chapters 43, 212 and 242 oft the' Texas Local Govemment Çode, as amended.  Sec. 10.103 Purpose; Plat Required  (a) The purpose of this chapter is to:  (1) provide for the orderly, safe and healthy development of the land within the city; (2) protect and promote the health, safety, morals and general welfare of the city;  (3) guide the future growth and development, of the city;  (4) provide for the proper location and width of streets and building lines;  (5) provide adequate and efficient transportation, streets, storm drainage, water, wastewater,  parks, and open space facilities;    (6) establish reasonable standards of design and procedures for platting to promote the orderly layout and use of land, and to insure proper legal descriptions and monumenting of (7) insure that public infrastructure facilities required by city ordinances are available with (8) require the cost of public infrastructure improvements that primarily benefit the tract of (b) Every owner of any tract of land. situated within the corporate limits of the city or within the extraterritorial jurisdiction of the city who divides the tract in two or more parts to lay out a  subdivision of the tract, including an addition to the city, to lay out al building lot or other lots, or to lay out streets, alleys, squares, parks or other parts of the tract intended to be dedicated to public use ori for the use of purchasers or owners of lots fronting on or adjacent to the streets, alleys, squares, parks or other parts must have a plat of the subdivision prepared and approved according to this chapter. A division of a tract under this chapter includes a division regardless ofv whether it is made by using a metes and bounds description in a deed of conveyance ori in a contract for a deed, by using a contract of sale or other executing contract, or by using any other method. Adivision of land does not include a division of land into parts greater than 5 acres, (c) The procedure for approving a plat requires an optional land study, preliminary plat and final plat. The optional land study requires approval of the planning and zoning commission. The requirement for an optional land study may be omitted at the election of the owner. Except as otherwise permitted, the approval of a preliminary plat by the planning and zoning commission and city. council is required for the construction of public improvements on the property. The preliminary plat and the associated engineering plans for the property may be amended during construction, with only major changes requiring reapproval by the planning and zoning commission. Upon completion of the required public improvements, or the provision of an improvement agreement, the owner may submit a corrected final plat for the subdivision. Lots may be sold and building permits obtained after approval of the final plat by the planning  platted land;  sufficient capacity to serve the proposed development;, land being platted be borne by the owners of the tract.  where each part has access and no public improvement is dedicated.  and zoning commission, and the recording thereof. * Sec. 10.104 Applicability  This chapter shall apply to all subdivisions ofland within the corporate limits oft the city, and all land outside the corporate limits that the city council: may annex, and all land within the extraterritorial  jurisdiction of the city to the full extent allowed by state law.  Sec. 10.105 Definitions  The following words and phrases when used in this chapter shall have the meaning respectively ascribed  to them in this section:    Alley. A: minor right-of-way dedicated to public use: which affords only secondary means of vehicular. access to the back or side of properties otherwise abutting a street, and which may be used for public  utility purposes.  City. The City of Grays Prairie, Texas.  City Council. The govering body oft the City ofGrays Prairie, Texas.  City Engineer. Thej person, or company, employed or appointed as the city engineer by the city manager.  City Manager. The city manager of the City of Grays Prairie, Texas.  City Staff. The planning and zoning manager or designee and other officials oft the city designated by the Comprehensive Plan. The comprehensive plan oft the city adopted by the city council, as amended from time tot time. The comprehensive plan indicates the general locations recommended for various land uses, transportation routes, streets, parks and other public and private developments and improvements. Comprehensive Zoning Ordinance. The City of Grays Prairie, Texas Comprehensive Zoning Ordinânce, Design Standards. Collectively means the Drainage and Stormwater Pollution Prevention Design Manual, Development. The subdivision ofland and/or the construction or reconstruction of one (1)or more buildings or the structural alteration, relocation or enlargement ofany buildings or structures on at tract, or Developer. The owner ofproperty or the person authorized by the owner to develop the property. Drainage and Stormwater Pollution Prevention Design Manual. The City of Grays Prairie drainage Easement. One or more ofthe property rights granted by the owner to and/or fori the use by thej public or Engineer. Aj person licensed as aj professional engineer duly authorized under the provisions of the' Texas Engineering Plans. The drawings and specifications prepared by ai registered professional engineer Extraterritorial Jurisdiction. The unincorporated area that is contiguous to the corporate boundaries oft the  city manager.  as amended.  Paving Design Manual, and' Water and' Wastewater Design Manual.  tracts ofl land.  standards adopted by ordinance from time to time.  another person or entity.  Engineering Practice. Act, as amended, to practice the profession of engineering.  submitted tot the city and required for plat approval.  city as determined by the' Texas Local Government Code Section 42.001 et. seq.    Improvement. Agreement. Ac contract entered into by the developer and the city by which the developer promises to complete the required public improvements within the subdivision within as specific time Lot. An undivided tract or parcel of land under one ownershipl having frontage on aj public street, and either occupied or intended to be occupied by one main building and the required parking, orag group of main buildings, and accessory buildings, which parcel ofl land is designated as a separate and distinct tract Major Thoroughfare Plan. The thoroughfare plan adopted by ordinance and as amended from time to  period following final plat approval in accordance with this chapter.  and building site. time.  May. The word "may" is permissive.  Optional Land Study. An optional detail drawing preparatory toi thej preliminary plat and final plat, to enable owner to save time and expense in reaching general agreement with the commission as tot the form Owner. Fee simple title owner of the land comprising a subdivision or the owner's authorized Paving Design Manual. The City of Grays Prairie Paving Standards adopted by ordinance from Plat. The graphic representation ofa subdivision, resubdivision, combination oflots or tracts, or recombination ofl lots or tracts. Plat includes, aj replat, minor plat and amending plat.  oft the plat andi the objectives of these regulations.  representatiye. time-to-time.  Plat, Aménding. Aj plat as described by the Texas Local Govemment Code Section 212.016, as amended. Plat, Final. The final plat ofap proposed development submitted for approval by the planning and zoning commission prepared in accordance with the provisions oft this chapter and requested tol be filed with the Plat, Minor.. Aj plat which contains four (4) or fewerl lots fronting on an existing street and not requiring the creation ofany new street or extension of municipal facilities as described by the' Texas Local Plat, Preliminary. Thei initial plat or working draft map or plan ofa! proposed development submitted to Planning and Zoning Commission, or Commission. The planning and zoning commission ofthe City of Planning and Zoning Manager. The person appointed by the city manager as the planning and zoning  County Clerk of] Kaufman County.  Government Code Section 212.0065, as amended.  the planning and zoning commission and the city council for approval.  Grays Prairie, Texas.  manager oft the City of Grays Prairie, Texas or designee.    Planned Development. A zoning district which accommodates planned associations oft uses developed as integral land use units such as industrial districts, office, commercial or service centers, shopping centers, residential developments of multiple or mixed housing including attached single-family dwellings or an appropriate combination of uses which may bej planned, developed or operated as integral land use units  either by: a single owner or a combination of owners. Shall. The word' "shall" is always mandatory and nondiscretionary.  Storm Drainage Master Plan. The master plan for the City ofGrays Prairie for storm drainage facilities Street. Aj public way for vehicular traffic, whether designated as a street, highway, thoroughfare, parkway, throughway, road, avenue, boulevard, private place or however otherwise designated, other than an alley Structure. Anything constructed or erected, the use of which requires location' on1 the ground, or which is Subdivision. The division of any tract ofl land situated within the corporate limits, or within the city's extraterritorial, jurisdiction, int two or more parts, or the identification ofa a single tract, fort the purpose of laying out any: subdivision ofany tract ofl land or any addition to the city, or for laying out suburban lots or building lots, or any lots, streets, alleys, squares, parks or other parts intended tol be dedicated to public use or fort the use of purchasers or owners ofl lots fronting on or adjacent to the streets, alleys, squares, parks, or other parts fort the purpose, whethér immediate or future, of creating building sites. Adivision ofat tract includes a division regardless of whetheri it is made by using metes and bounds description in a deed of convèyance or in a contraçt for a deed, by using a contract ofs sale or other executory contract to convey, or by using any other method. Subdivision includes resubdivision, but it does noti include the division of land intoj parts greater than five (5) acres, where each part has access and no public  adopted by ordinance from time-to-time.  ord driveway.  attached to something having al location on the ground.  improvement is dedicated.  Surveyor. A registered professional land surveyor as authorized by state law toj practice the profession of Temporary Improvement. Improvements built and maintained by an owner during construction oft the development oft the subdivision or addition and prior to the acceptance of the performance bond or Vicinity Location Map. A small vicinity location map which shows sufficient streets, collector and arterial street names, and major features oft the: surrounding area tol locate the area being subdivided. Water Master Plan. The master plan for the City of Grays Prairie: for water facilities adopted by ordinance Wastewater. Master Plan. Thei master plan for the City ofGrays Prairie for wastewater facilities adopted  surveying as authorized by thel Land Survey Practices Act, as amended.  improvements required for the short term use of the property.  1 *  from time tot time.  by ordinance from time-to-time.    Water and Wastewater Design Manual. The City of Grays Prairie water and wastewater standards  adopted by ordinance from time to time.  - Sec. 10.106 Appeal to City Council  Except as otherwise provided herein, any developer aggrieved by any finding or action of the planning and zoning department, development services department, or the planning and zoning commission may appeal to the city council within thirty (30) days after the date ofs such finding or action and not thereafter.  Sec. 10.107 Filing Fees  Filing fees for plats established by resolution oft the city council from time to1 time shall be paid by the Plat recordation fees which are charged by Kaufman County shall be paid by the developer to the  developer at time ofapplication.  planning and zoning department at the time of application.  s Sec. 10.108 Waivers  (a) The standards and requirements of this chapter may be modified by the planning and zoning commission for a subdivision zoned planned. development containing several types of land uses which, in the judgment of the planning and zoning commission, provides adequate public spaces and improvements for vehicular circulation, recreation, light, air and service needs of the tract when fully developed and which also provides such covenants or other legal (b) Where existing conditions require a modification of these standards and regulations because of a unique and unusual condition not applicable generally to other property, the planning and zoning commission, may, subject to city council approval, grant a waiver to these standards to permit equitable treatment of the land or tract inl light of the condition. (c) Ing granting waivers and modifications, the planning and zoning commission and city council may require such conditions as will in their judgment secure substantially the purposes of these standards and requirements and maintain the spirit and intent of this chapter. (d) The grant of a waiver shall not in any manner vary the provisions of the City of Grays (e) Arequest for a waiver shall be submitted in writing by the developer at the time the () Arequest for a waiver must be approved by the city council at the time of preliminary plat  provisions as will assure conformity to and achievement of the plan.  Prairie, Texas, Comprehensive Zoning Ordinance.  preliminary plat is filed.  approval.    Sec. 10.109 Penalty; Enforcement  (a) Any person, firm or corporation who shall violate any of the provisions of this chapter or who shall fail to comply with any provision hereof within the corporate limits of the city shall be guilty of a misdemeanor and upon conviction shall be subject to at fine in accordance with the general penalty provision found in Section 1.106 of this code and each day that such violation (b) Any person, firm, or corporation who shall violate any of the provisions oft this chapter or who shall fail to comply with any provisions hereof within the corporate boundaries of the city or the extraterritorial jurisdiction of the city, shall be subject to any appropriate action or proceeding by the city to enjoin, correct, abate or restrain the violation of this chapter including the recovery  continues shall constitute a separate offense.  of damages and civil penalties.  * ARTICLE 10.200 PLATTING PROCEDURE  Sec.10.201 General  (a) Before any landi is platted, the owner shall apply for and secure approval of the proposed subdivision plat in accordance with the following procedures, unless otherwise provided by these regulations. The procedure for approving a plat typically requires three steps: optional land study, preliminary plat and final plat. Land studies require approval by the planning and zoning commission. The optional land study requirement may be omitted at the election of the (b) Except as otherwise permitted, the approvai of the commission and city council ofa preliminary plat is required prior to the construction of public improvements ont the property. The. preliminary plat and the associated engineering plans fort the property may be amended during construction, with only major changes requiring reapproval by the planning and zoning  owner.  commission.  (c) Upon completion of the required public improvements or the provision of ani improvement agreement, the owner may submit a corrected final plat for the subdivision. Lots may be sold and building permits obtained after approval oft the final plat by the planning and zoning  commission, and filing of the signed plat.    A A  Sec. 10.202 Submission Dates  The planning and zoning manager may establish official submission deadlines for the placement ofl land studies and plats on the agenda oft the planning and zoning commission and the city council for consideration. No optional land study or plat shall be considered by the planning and zoning commission until it has been determined by the planning and zoning department that the submittal is complete and in  conformance with this chapter.  , Sec. 10.203 Official Filing Date  For purposes of this chapter, the date the planning and zoning department has determined that the: (1)the submittal is complete andi in conformance with this chapter; (2) all required documents are submitted in a complete format; and (3) all required: fees have been paid, shall constitute the official filing date ofthe plat, from which the statutory period requiring approval or disapproval of the plat shall commence. The planning and zoning commission and city council may not table or postpone the consideration of the approval or disapproval of an optional land study or plat, but may request the applicant to withdraw. The applicant may withdraw an optional land study or plat from consideration by submitting a written request, and may resubmit the optional land study or plat with no additional fees ifiti is rescheduled within sixty  (60) days ofthe date of withdrawal.  !  Sec. 10.204 Genera! Approval Criteria  No optional land study or plat shall be approved unless the following standards have been met: (1) The optional land study or plat conforms to applicable zoning, the comprehensive plan, the capital improvements plan of the city, the design standards, the major thoroughfare plan, the master park plan of the city, and other regulations int this chapter. If a zoning change is contemplated for the property, the zoning change must be completed before the approval of preliminary plat of the property. Any plat reflecting a condition noti in accordance with the zoning requirements shall not be approved until any available relief from the board of adjustment has (2) Adequate provision has been made for the dedication and installation of public  been obtained; improvements; and  (3) All required fees have been paid.    A A  Sec.10.205 Dedications  The owner oft the property to be platted must provide an easement or fee: simple dedication ofall property needed for the construction of streets, thoroughfares, alleys, sidewalks, storm drainage facilities, floodways, water mains, wastewater. mains and other utilities, public parks, and any other property necessary to serve the plat and toi implement the requirements oft this chapter. Dedication shown on plats are: irrévocable offers to dedicate the property shown. Once the offert to dedicate is made, it may be accepted by an action by the city! by acceptance oft the improvements int the dedicated areas for the purpose intended, or by actual use by the city. Noi improvements may be accepted until they are constructed in accordance with this chapter and the final plati is filed fori record. No dedication otherwise required by this chapter may be imposed upon an owner unless the propertyi is being subdivided and the dedication related to the impact of thej proposed development: is roughly proportional tot the needs created  by thej proposed development and provides al benefit to the development.  A  A  Sec. 10.206 Optional Land Study  (a) Purpose. The purpose of the optional land study is to review and approve a general plan for the development of property including the layout of streets, lots, open space sites for public (b) Applicability. An optional land study may be submitted, at the option of the owner, prior to (c) Phasing of Development. The commission may permit an optional land study for a plat to be done in phases as indicated on the optional land study, provided each phase satisfies the requirements of this chapter. In considering phasing of an optional land study, the commission may approve conditions deemed necessary' to assure the orderly development of the land, including butr not limited to temporary street and alley extensions, temporary cul-de-sacs, and (d) Pre-Application. Conference. Before preparing the optional land study, the applicant shall schedule an appointment and meet with the city staff to discuss the procedures for approval of the optional land study and the requirements as to general layout of streets and/or reservations ofland, street improvements, drainage, sewerage, fire protection, and similar matters, as well as (e) Requirements. Prior to submission of a preliminary plat and after meeting with the city staff, the owner may file an application for approval of an optional land study with the commission, which shall meet the following minimum requirements:  facilities ànd utilities.  the submission' of a preliminary plat.  off-site utility extensions.  the availability of existing services.    (1) The application shall include all contiguous holdings of the owner with an indication oft the portion which is proposed to be developed or offered, sold or leased, accompanied by an affidavit of ownership, which includes an address and telephone number of an agent. 3 (2) The optional land study shall be drawn to scale of 1"= 100' or larger.  (3) The lower right hand corner of the optional land study shall contain a title block clearly showing the proposed name of the subdivision or addition, the name and address of the owner, engineer or surveyor responsible for the design or survey, the scale of the drawing, the date the drawing was prepared, and the location of the tract according to the abstract and survey records (4) The optional land study shall clearly show the limits of the tract and scale distances. True (5) The optional land study shall show the names of adjacent subdivisions or additions or the (6) The optional land study shall contain the existing zoning on adjoining land, the location, width, and names of all existing or platted streets or other public ways within or adjacent to the tract, existing permanent buildings, railroad rights-of-way, and topography with existing drainage channels or creeks, and other important features such as tree groupings, vegetation, political (7) The optional land study shall show the layout, names and width of proposed streets, (8) The optional land study shall show a general arrangement of land uses including but not limited to park and school sites, municipal facilities, private open space, floodplains and drainage ways, phasing plan, and proposed non-residential and residential uses and densities. (9) The optional land study shall show layout, numbers and approximate dimensions of (10) The optional land study shall show the location of proposed screening walls and/or other (11) The optional land study shall show existing contours of the tract ini intervals of two feet or (12) The optional land study shall show existing sewers, water mains, culverts, or other underground structures within the tract and immediately adjacent thereto with pipe sizes and (13) The optional land study shall show proposed water, sanitary sewer and storm sewer pipelines with culverts, bridges, and other appurtenances or structures shown.  of Kaufman County, Texas.  north shall be clearly indicated and shall be to the top or left oft the study. name of record owners or adjoining parcels of unplatted land.  subdivisions or corporate limits and school. district boundaries.  alleys and easements.  proposed lots and all building lines.  forms of screening shall be clearly indicated. less, referred to seal level datum.  locations indicated.    (14) The optional land study shall show storm water retention or detention basins as required. (15) The optional land study shall show erosion mitigation of lots or roads next to creeks and drainage ways according to drainage and erosion' guidelines from the engineering department. () Standards for Approval. No optional land study shall be approved by the commission for a plat which is intended for development unless it conforms to the comprehensive plan, this (g) Approval Procedure. The commission shall act on the optional land study within thirty (30) days after iti is officially filed: After review of the optional land study and the report and recommendations of the planning and zoning manager, the commission shall approve, conditionally approve or disapprove the optional land study. One (1) copy oft the optional land study shall be returned to the owner with the date of approval or disapproval and the reasons therefore accompanying the copy. The disapproval of an optional land study shall not be (h) Effect ofA Approval. Approval of the optional land study by the commission constitutes authorization by the city for the owner to submit application for approval of a preliminary plat in accordance with the procedure for preliminary. plats subject to compliance with any conditions () Lapse of Optional Land Study Approval. The approval of any phase or phases of an optional land study which is intended for development, shall automatically expire unless such phase or phases have been submitted and approved by the commission as a preliminary plat  chapter and the development ordinances of the city.  appealable to the city council.  attached to approval of the optional land study.  within one (1) year of the date of approval of such optional land study.  A  A  Sec. 10.207 Procedure. for Preliminary Plat  (a) Prior to the filing of a preliminary plat, the developer shall meet with the city staff. The purpose of the meeting is to familiarize the developer with the city's development regulations" and the relationship of the proposed subdivision to the comprehensive plan. At such meeting, the general character of the development, the zoning, utility service, street requirements and other pertinent factors related to the proposed subdivision will be discussed. (b) Prior to submission of a preliminary plat, the developer shall submit to the city construction and engineering plans for the public infrastructure improvements required for the proposed subdivision unless the approval of ani improvement agreement has been requested. If the city does not approve oft the use of an improvement agreement, engineering and construction plans for the required public infrastructure must be submitted by the developer and approved by the  city engineer prior to approval of the preliminary plat.    (c) After the pre-application conference and completion of engineering and construction plans for all public infrastructure improvements, the developer shall file the required number of copies oft the preliminary plat of the proposed subdivision with the planning and zoning department, for submission tot the planning and zoning commission, and include the required filing fees and tax (d) The following notice shall be stamped on the face of each preliminary plat: Preliminary Plat-1 fori inspection purposes only, and in no way official or approved for record purposes." (e) Preliminary plats shall be distributed by city staff to city. departments. The. owner shall be responsible, for the distribution. of copies of the preliminary plats to the agencies listed below. The city staff shall give the owner and such agencies a specific date by which to return written responses, The owner and the agencies listed below shall be provided an opportunity to attend adevelopericity. staff conference for the purpose of notifying the developer of necessary  certificates showing all taxes have been paid on the property being platted.  corrections.  (1) Independent school districts affected by the plat. (one copy)  (2) City utility departments. (two copies) the proposed subdivision. (two copies)  (3) Public utility companies and franchise utility companies that serve or will provide service to (4) Kaufman county commissioner and Kaufman County Public Works Director if the () The planning and: zoning department shall accumulate the comments of the city departments and agencies, and conduct a developer/city staff conference to report the comments and requested corrections to the developer. The developer shall be allowed to make comment or make required corrections and submit the corrected preliminary plat to the planning and zoning department for submission to the planning and zoning commission. The corrected preliminary plat shall be submitted within thirty (30) days of the date the original preliminary plat was officially filed and prior to the meeting of the planning and zoning commission at which such preliminary plati is scheduled for consideration. Upon timely receipt, the planning and zoning manager, shall submit the corrected preliminary plat to the planning and zoning commission. (9) Awritten report shall be prepared by city staff and submitted to the planning and zoning commission stating the review comments of the preliminary plat noting any unresolved issues. (h) Following review of the preliminary plat and other materials submitted in conformity with this chapter, the planning and zoning commission shall act on a preliminary plat, within thirty (30) days after the date the preliminary plat is officially filed. The planning and zoning  subdivision is outside the city limits. (one copy each)  commission may either:  (1) approve the preliminary plat as presented;    (2) approve the preliminary plat with conditions; or  (3) disapprove the preliminary plat. If disapproved, the planning and: zoning commission upon written request, shall state the reasons for disapproval. Aconditional approval shall be () The actions of the planning and zoning commission shall be noted on two (2). copies of the preliminary plat. One (1) copy shall be returned to the developer and the other retained in the () The planning and zoning commission shall, in its action on the preliminary. plat, consider the physical arrangement of the subdivision and determine the adequacy of the street and thoroughfare rights-of-way and alignment and the compliance of the streets and thoroughfares with the major thoroughfare plan, the existing street pattern in the area and with any other applicable provisions of the comprehensive zoning ordinance and comprehensive plan. The planning and zoning commission, based on city staff recommendations, shall also ascertain that adequate easements for proposed or future utility service and surface drainage are provided, and that the. lot sizes and area comply with the comprehensive zoning ordinance and are adequate to comply with the minimum requirements for the type of sanitary sewage disposal proposed. All on-site sewage disposal systems shall meet the minimum standards required by the city plumbing code and the regulations of Kaufman County, and of the Texas Natural (k) After approval of a preliminary plat by the planning and zoning commission, the planning and zoning department shall forward the preliminary plat to the city council for consideration at () The city council shall act on the preliminary plat within thirty (30) days after the date the preliminary plat is approved by the planning and zoning commission ori is considered approved by the inaction of the planning and zoning commission. A preliminary plat shall be considered (m) Approval of a preliminary plat by the planning and zoning commission and/or the city council is not approval of the final plat but is an expression of approval oft the layout shown subject to satisfaction of specified conditions. The preliminary plat serves as a guide in the (n) Expiration of Preliminary PlatA Approval. The approval of a preliminary plat expires twenty-four (24) months after the date of city council approval unless a final plati is submitted and has received approval by the planning and zoning commission for the property within such period, or the period is extended by the planning and zoning commission upon written request of the owner. Ift the time period is not extended, or at final plat is not submitted and approved by the planning and zoning commission within the twenty-four (24) month period, the preliminary plat approval shall be null and void and the owner shall be required to submit a new plat for the property subject to the then existing zoning, subdivision and other regulations.  considered a disapproval until the conditions have been satisfied.  files of the planning and zoning department.  Resource Conservation Commission, or their successors.  the next available city council meeting.  approved by the city council unless iti is disapproved within that period.  preparation of a final plat.    (o) Phased Development. The preliminary plat shall indicate any phasing of the proposed development with al heavy dashed line. Each phase shall be numbered sequentially and int the proposed order of development. The proposed utility, street and drainage layout for each phase shall be designed in such al manner that the phases can be developed in numerical sequence. Thereafter, plats of subsequent units of such subdivision shall conform to the approved overall layout and phasing, unless a new preliminary plati is submitted. The planning and zoning commission and city council may impose such conditions upon the filing of the phases as deemed necessary to assure the orderly development of the city. Such conditions may include, but are not limited to, temporary street and alley extensions, temporary cul-de-sacs, turn arounds, and off-site utility extensions. Failure to indicate phasing of the proposed development ina accordance with this section prohibits the approval of a final plat for such subdivision in (p) Effective Period of Preliminary Plat Approved for Phased Development Ifai final plat has not been submitted and approved on at least one phase of the area covered by the preliminary plat within twenty-four (24) months after the date of preliminary plat approval, the preliminary plat shall expire and be declared null and void. Ifin the event that only a phase of the preliminary plat has been submitted for final plat approval, then the preliminary plat for those areas not final platted within two years of the date of preliminary plat approval shall expire and be declared null and void unless an extension of time is granted by the planning and zoning commission. Any phase of a preliminary plat not receiving final plat approval within the period of time set forth herein shall expire and be declared null and void, and the owner shall be required tos submit a new preliminary plat for approval which shall be subject to the then existing zoning,  phases.  subdivision and other regulations, and the payment of any applicable fees.  A  A  Sec. 10.208 Extension and Restatement of Expired Preliminary Plats  (a) Sixty (60) days prior to or following the lapse of approval for a preliminary plat as provided int these regulations the owner may request the commission to extend or reinstate the approval. (b) Ind determining whether to grant such request, the commission shall take into account the reasons for lapse, the ability of the owner to comply with any conditions attached to the original approval and the extent to which newly adopted zoning and subdivision regulations shall apply to the preliminary plat. The commission may extend or reinstate the preliminary plat or deny the request, in which instance the owner must submit a new preliminary plat application for (c) The commission may extend or reinstate the approval subject to additional conditions based upon newly enacted regulations such as are necessary to issue compliance with the original conditions of approvai. The commission may also specify a shorter time for lapse of the extended or reinstated preliminary plat than is applicable to original preliminary plat approval.  approval.    A A  Sec. 10.209 Standards for Approval of Preliminary Plats  Nopreliminary plat shall be approved unless the following standards have been met: (1) The engineering and construction plans for the required public infrastructure improvements have been submitted and approved by the city engineer, unless the approval of (2) Provisions fori installation and dedication of public improvements has been made; and (3) The preliminary plat conforms to the applicable zoning and all other requirements oft this  an improvement agreement has been requested and approved;  chapter. (Ordinance adopted)  (4) Atree survey, which identifies all trees with a DBH ("diameter at breast height" measured at4.51 feet above grade) of sixi inches (6") or larger, shall be submitted prior to submission of the engineering and construction plans. The tree survey shall include the species and caliper at DBH of each tree in ai tabular form, with each tree identified by a number corresponding to a numbered tree on the tree survey site plan. The tee survey must denote which trees will be The tree survey must be reviewed and approved by the planning and zoning commission prior toi the preliminary plat being submitted and prior to staff approving the engineering and construction plans. The commission shall act on the tree survey within thirty (30) days after it is officially filed. If the commission does not approve the tree survey, that decision may be appealed to city council for consideration at the next available city council meeting, and the city council shall act on the appealed tree survey within thirty (30) days after the date the tree survey was denied by the commission. Inaction by the council within this period shall be considered as The commission, or the council upon appeal, shall approve the tree survey ifi it finds and determines that the developer has made a good faith effort to save as many trees, 6" caliper or greater at DSH, as possible, given the subdivision layout, lot size, and topography of the  saved and which will be removed.  approval.  proposed development.  (Ordinance adopted; Ordinance adopted)  As part of the final plat application, the developer must submit to the planning department a spreadsheet that summaries, for each lot, the number of trees that were to be saved per tree survey, as well as the number of trees to be saved that were lost during construction. The spreadsheet must denote the caliper inch and species of each tree saved, as well as for the    trees to be saved, but lost during development. This will allow staff to verify how many replacement: trees are needed for each lot at the building permit stage.  Then, prior to the final inspection in connection with al building permit, any tree(s) shown on the tree survey as being retained on the lot, and whichi is removed or lost during development of the lot or home, shall be replaced by the developer or builder by planting ai tree or trees of equivalent caliper inches. The trees used as replacement trees must each have a caliper of at least one and one-half inches (1%") and be container grown. Trees used as replacement trees must be from the large tree list found oni the approved plant list in Appendix 4 oft the zoning ordinance or approved by the planning and zoning manager. The replacement tree(s) must be planted on the same lot where the tree(s) iti is replacing was, provided that the planning and zoning manager may approve placement of the tree(s) on another lot(s) in the subdivision, if he  finds it to be ini the publici interest. (Ordinance adopted)  A  A  Sec. 10.210 Data Requirement for Preliminary Plat  (a) The owner shall submit the required number of copies of the preliminary plat and 81/2"x 11" reduction copies of the preliminary plat, as determined by the planning and zoning department to allow for the distribution of the proposed preliminary plat for review. Each copy of the preliminary plat shall bei folded sO that the title block for the subdivision may be read int the lower right-hand comer. The preliminary plat shall be drawn to a scale of one inch equals one hundred feet (1"= = 100) or larger on 24"x 36" sheet size. In cases of large developments which would exceed the dimensions of the required sheet at the 100 foot scale, preliminary plats may be submitted at a scale of one inch equals two hundred feet (1"= 200) on multiple sheets,  properly registered.  (b): The preliminary plat shall contain or be accompanied by the following:  (1) The required number of copies of the preliminary plat and the approved engineering and construction plans for all publici infrastructure improvements in accordance with the design standards of the city, toi include all streets, water mains and services, sewer system and services, and drainage systems required to develop the proposed subdivision. (2) The name, address and telephone number of the owner, the surveyor, and engineer (3) The name of the subdivision, vicinity location map showing adjacent subdivisions, street names (which shall conform whenever possible to existing street names) and lot and blocks  responsible for the preparation of the final plat.  numbers in accordance with a systematic arrangement.    (4) Anaccurate boundary survey description of the property, with bearings and distance, referenced to survey lines, existing property descriptions and established subdivisions, and showing the. lines of adjacent tracts, the layout, dimensions and names of adjacent streets and  alleys and lot lines shown in dashed lines. (5) Scale, north point, date, lot and block numbers.  (6) The name and location of adjacent subdivisions or unplatted tracts drawn to scale shown in dotted lines and in sufficient detail to accurately show the existing streets, alleys and other features that may influence the layout and development of the proposed subdivision. The abstract name and number and name of the owner of the adjacent unplatted tracts shall be (7) Exact location of lots, streets, public highways, alleys, parks and other features, with accurate dimensions in feet and decimal fractions of feet, with the length of radii and of arcs of all curves, internal angles, points of curvatures, length and bearings of the tangents, and with all other surveyor information necessary to reproduce the piat on the ground. Dimensions shall be shown from. all angle points. All lots on building sites shall conform to the minimum standards for area, width and depth prescribed by the zoning district or districts in which the subdivision is  shown.  located, and state the area size of each lot.  (8) Building setback lines and the location of utility easements.  (9) Topographic information showing contour lines with intervals up to one (1) foot indicating the terrain, the drainage patter of the area, and the drainage basin areas within the proposed subdivision. Topographic information showing contour lines with intervals up to two (2) feet indicating the terrain, the drainage pattern of the area, and the drainage basin areas outside the (10) The layout and dimensions of proposed storm drainage areas, easements and rights-of-way necessary for drainage within and outside the boundaries of the proposed (11) The location and purpose of ail proposed parks or other areas offered for dedication to public use and written approval of the proposed parkland dedication by the City of Grays Prairie (12) The location of all existing property lines, buildings, sewer or water mains, storm drainage areas, water and wastewater facilities, fire hydrants, gas mains or other underground (13) The location, size and identification of any physical features of the property, including water courses, ravines, bridges, culverts, existing structures, drainage or other significant topographic features located on the property or within one hundred- fifty feet (150) of the  boundaries of the proposed subdivision.  subdivision.  Park Development Corporation.  structures, easements of record or other existing features.  proposed subdivision..    (14) Copy of any deed restrictions, restrictive covenants, special use permit or planned (15) The angle of intersection of the centerlines of all intersecting streets which are intended (16) Ina accordance with the city" "Floodplain Management Regulations,"  Article 3.1200 of the Code of Ordinances, as amended, the floodplain and floodway lines and base flood elevations as shown on the current effective flood insurance rate maps for the city shall be shown, where applicable. Anotation shall be shown on the face of the preliminary plat stating: "Lots or portions ofl lots within the floodplain or areas of special flood hazard require a development permit prior toi issuance of a building permit or commencement of construction including site (17) For a preliminary plat of land located outside the city limits where sanitary sewer does not exist or where street improvement standards vary from those specified by the city, such (18) A certificate of ownership and dedication of all streets, alleys, easements, parks and other land intended for public use, signed and acknowledged before a notary public by the owner and lienholders of the property, along with complete and accurate metes and bounds description of the land subdivided and the property dedicated to public use. (19) Receipt showing all taxes on the subject property are paid.  development district ordinance regulating the property.  to be less than ninety (90°) degrees.  grading, on all or part of those lots."  differences shall be noted.  (20) Certification by a surveyor, to the effect that the preliminary plat represents a survey made by the surveyor, and that all the necessary survey monuments are correctly shown (21) Apreliminary plat, provided in multiple sheets shall include al key map showing the entire subdivision at smaller scale with lot and block numbers and street names on one (1) of the (22) Copy of any proposed property owner or homeowners' association agreements,  thereon.  sheets or on a separate sheet oft the same size.  covenants and restrictions.  A  A  Sec. 10.211 Effect of Preliminary! Plat Approval  Effecto ofA Approval. Approval ofap preliminary plat by the commission and city council constitutes authorization for the city engineer to release construction plans and to permit the owner to commence construction oft the publici improvements. Approval of aj preliminary plat: also authorizes the owner, upon fulfillment ofall requirements and conditions of approval, to submit a final plat for approval. Upon release oft the construction plans, the city engineer may upon request oft the applicant, issue a certificate    indicating the construction plans have been released and construction oft the improvement is thereafter "The Preliminary Plat for (insert name oft the subdivision or addition) as approved by the city council for the City of Grays Prairie on (insert date ofapproval) is authorized for use with engineering plans for the construction ofp public improvements as approved by the city engineer. A final plat shall be approved by the planning and zoning commission upon the completion ofa all public improvements or the provision of an improvement agreement under the terms of thé Subdivision and Development Ordinance and submission ofaf final plati in compliance with the Subdivision and Development Ordinance oft the City of  authorized. The certificate shall read as follows:  :    5  Grays Prairie."  A  A  Sec. 10.212 Amendments to Optional Land Study or Preliminary Plat  : 1  (a) Ata any time following the approval of an optional land study or preliminary plat, and before the lapse of such approval, the owner may request an amendment. No amendment may be approved pursuant to this section which amends or changes any condition, regulation, or: development required by a planned development ordinance or specific use permit which governs the development of such subdivision. The rerouting of streets, addition or deletion of: alleys, or addition or deletion of more than ten percent (10%) of the approved number of lots shall be considered a major amendment. The adjustment of street and alley alignments, lengths, and paving details; the addition or deletion ofl lots within ten percent (10%) of the approved number and the adjustment of lot lines shall be considered minor amendments. (b). The planning and zoning manager may approve or disapprove a minor amendment. Disapproval may be appealed to the commission. Major amendments may be approved by the commission at a public meeting in accordance with the same requirements for the approval of (c) Approval. The commission shall approve, conditionally approve or disapprove any proposed major amendment and may make any modifications int the terms and conditions of preliminary plat approval reasonably related to the proposed amendment. (d) Retaining Previous Approval. If the applicant is unwilling to accept the. proposed amendment under the terms and conditions required by the commission, the applicant may withdraw the proposed major amendment or appeal the action of the commission to the city  an optional land study or preliminary plat. :  s,  council in accordance with Section 10.106.  :  Sec. 10.213 Procedure for Final Plat    (a) After approval of the preliminary plat by the planning and zoning commission and the city council and upon completion of the required public improvements or the provision of an improvement agreement as allowed herein, the owner shall submit a final plat for the property (b) The final plat shall conform substantially to the approved preliminary plat and, if desired by the developer, may cover only a phase of the approved preliminary plat; provided however, such phase conforms to all the requirements of this chapter and the approved preliminary plat (c) The final plat shall be distributed to the city departments and other agencies for review (d) The planning and: zoning department shall accumulate the comments of the city departments and agencies and conduct a developer/city staff conference to report the comments and requested corrections to the developer. The developer shall make comment or make the required corrections and submit the corrected final plat to the planning and zoning department for submission to the planning and zoning commission. The corrected final plat shall be submitted within thirty (30) days of the date the original final plat was officially filed and prior tot the meeting of the planning and zoning commission at which the original final plati is (e) The final plat shall be submitted toi the planning and zoning commission at the next available meeting with any appropriate comments and recommendations by the planning and zoning department. The planning and zoning commission shall act on the final plat within thirty (30) days after the official filing date. Ifno action is taken by the planning and: zoning commission within such period, the final plat shall be deemed approved. Acertificate showing the filing date and failure to take action thereon within the thirty. (30) day period shall on request bei issued by the planning and zoning commission, which shall be sufficient in lieu of ay written endorsement of approval. The planning and zoning commission shall be the final approval authority for final plats. The denial of approval of ai final plat shall not be appealable to the city () The planning and zoning commission shall consider the final plat, including all proposals by the owner with respect to the dedication of right-of-way for public use, the construction of (g) The approval of the final plat by the planning and zoning commission shall authorize the planning and: zoning commission chairperson to execute the certificate of approval on the final (h) The approved final plat shall then bet filed of record in the plat records of Kaufman County. () The final plat for any subdivision located outside the city limits of the city shall be submitted to the commissioner's court of Kaufman County for approval and the execution of any applicable  for approval.  indicated the phasing of such development.  and comment int the same manner as a preliminary plat.  scheduled for consideration.  council.  utilities, streets, drainage and other improvements.  plat.  agreements.    0) After action by the commissioners court, the final plat shall be retumed to the city for filing (k) Final plats disapproved by the planning and zoning commission shall be réturned to the () Int the event at final plat is approved by the planning and zoning commission for a subdivision in phases, the final plat of each phase shall carry the same name throughout the entire subdivision, but bear a distinguishing letter, number or subtitle. Lot and block numbers shall run consecutively throughout the entire subdivision, even though such subdivision may be  by the planning and zoning department.  developer by the planning and zoning department.  finally approved in phase.  A  A  Sec. 10.214 Standards for Approval of Final Plat  No final plat shall be approved unless the following standards have been met: (1) The final plat substantially conforms to the preliminary plat;  (2) Required public improvements have been constructed and are ready to be accepted, and/or an improvement agreement has been approved by the city for the subsequent  completion of the publici improvements;  (3) The final plat conforms to the applicable zoning and all other requirements of this chapter; (4) Provisions have been made for adequate public facilities under the terms of this chapter;  and  (5) All required fees have been paid.  I  Sec. 10.215 Data Requirement for Final Plat  The owner shall prepare ai final plat in: accordance with the conditions of approval for the preliminary plat drawn to a scale of onei inch equals one hundred feet (I"= 100') on 24" x3 36" sheet size. Forl large developments, the final plat may be submitted on multiple sheets properly registered to match with the surrounding sheets and a small-scale key map showing all sheets ofthei final plat have been provided. The owner: shall submit the required number of "copies" ofthe final plat and 8 1/2" x1 11" reduction copies ofthe final plat as determined by the planning and zoning department with three (3) copies ofthe approved çonstruction plans for the publici infrastructure improvements for the proposed subdivision. Each copy oft the final plat shall be folded sO that the title block for the subdivision may be read in the lower right-hand comer. The final plat shall contain or be accompanied by the following:    (1) Record drawings, construction plans including one set ofr mylars and a digital copy in  DWG or DGN format, and two sets of bluelines, where applicable. (2) All information required for a preliminary plat.  (3) The improvement agreement: and security, if required, in a form satisfactory to the city attorney and in an amount established by the city council upon recommendation of the city engineer. and shall. include a provision that the owner shall comply with all the terms of the final (4) Formal irrevocable offers of dedication to the public of all streets, alleys, utilities,  plat approval as determined by the commission.  easements and parks in at form approved by the city attorney.  (5) The following certificates shall be placed on the final plati in a manner that will allow them APPROVED BYTHE PLANNINGI AND ZONING COMMISSION OF THE CITY OF GRAYS  to be clearly visible on the final plat. PRAIRIE, TEXAS, ONTHE  DAY OF  ATTEST:  Chairperson, Planning and Zoning Commission  Zoning Secretary  (6) An owner may at the discretion of the commission, obtain approval of a phase of a subdivision for which a preliminary plat was approved provided such phase meets all the requirements of this chapter in the same manner as is required for a complete subdivision. (7) - Ifapplicable, copy of agreements, covenants and restrictions establishing and creating the homeowners' association approved by the commission based on recommendation of the city  attorney.  A  -  Sec. 10.216 Execution and Recordation of Final Plat  (a) When ani improvement agreement and security are required, the chairperson of the commission shall endorse approval ont the final plat after thei improvement agreement and security have been approved by the city attomey and all the conditions pertaining to the final plat have been satisfied. A1 final plat for which an improvement agreement has been approved  shall contain the following notation on the final plat:    "This Subdivision is subject to an Improvement Agreement pursuant to the City of Grays Prairie, Texas Subdivision and Development Ordinance. All or some of the publici infrastructure were not constructed and accepted by the City of Grays Prairie, Texas prior to approval oft this Final (b) When installation of public improvements is required prior to recordation of the final plat, the chairperson of the commission shall endorse approval on the final plat after all conditions of approval have been satisfied and all public improvements are satisfactorily completed. There shall be written evidence that the required public improvements have been installed and have been completed in a manner satisfactory to the city as shown by a certificate signed by the city engineer stating that the necessary dedication of public lands and installation of public  Plat."  improvements and have been accomplished.  (c) City staff shall be responsible for filing the final plat with the county clerk. Simutaneously with the filing of the final plat, the city staff shall record such other agreements of dedication and legal documents as shall be required to be recorded by the commission and the city attomey. Thei final plat, bearing all required signatures, shall be recorded after final approval and within five working days of its receipt. One (1) copy of the recorded final plat, with street addresses (d) Approval of a final plat shall certify compliance with the regulations of the City of Grays Prairie pertaining to the subdivision. An approved and signed final plat may be filed with the county as a record of the subdivision and may be used to reference lots and interests in property thereon defined for the purpose of conveyance and development as allowed by these  assigned, will be forwarded to the owner by the city staff.  regulations.  Al A Plats and Replats  Sec. 10.217 Administrative Approval of Certain Amending Plats, Minor  (a) The planning and zoning manager is authorized to approve the following: (1) Amending plats described by Section 212.016 Tex. Loc. GovtÇode;  (Ordinance adopted)  (2) Minor plats involving four ort fewer lots fronting an existing street and not requiring the creation of any new street or extension of municipal facilities; and (Ordinance adopted) (3) Areplat under Section 212.0145 Tex. Loc. Gov'tCode that does not require the creation of  any new street or the extension of municipal facilities.    (b) The planning and zoning manager may for any reason elect to present an amending plat, minor plat or replat meeting the requirements of (1) above to the planning and zoning  commission for approval.  (c) Any amending plat, minor plat or replat meeting the requirements of (1) above which the planning and zoning manager fails or refuses to approve shall be submitted to the planning and  zoning commission for approval.  Sec. 10.218 Vacating Plats, Replats and Amendment of Plats  (a) Vacating Plats.  (1) The owners of the tract covered by a plat may vacate the plat at any time before any loti in' the plati is sold. The plat is vacated when a signed, acknowledged instrument declaring the plat vacated is approved and reçorded in the manner prescribed for the original plat. (2) Iflots have been sold, the plat, or any part of the plat may be vacated ont the application of all the owners of lots in the plat with approval obtained in the manner prescribed for the original (3) The planning and zoning commission shall disapprove any vacating instrument which abridges or destroys public rights in any oft the public uses, improvements, streets or alleys. (4) Upon approval and recording with the County Clerk of Kaufman County, the vacated plat  plat.  has no effect.  (b) Replatting Without Vacating Preceding Plat.  (1) Areplat of a subdivision or part of a subdivision may be recorded and is controlled over (A) is signed and acknowledged by only the owners of the property being platted; (B) does not attempt to amend or remove any covenants or restrictions; and (C) and is approved, after a public hearing on the matter, by the planning and zoning (2) An application for a replat shall follow the same procedure required for preliminary and  the preceding plat without vacation of that plat if the replat:  commission. final plats.  (3) Additional Requirements for Certain Replats.  (A) Ina addition to compliance with Section 10.218(2), a replat without vacation of the  preceding plat must conform to the requirements of this section if:    (1) during the preceding five (5) years any of the areai to be replatted was limited by ani interim or permanent zoning classification to residential use for not more than two (2) residential units (ii) Any lot ini the preceding plat was limited by deed restrictions to residential use for not more (B) Notice of the public hearing as required in Section 10.218(2) shall be given before the fifteenth (15") day before the date of the public hearing by: () publication int the official newspaper; and (i) by written notice, with a copy of Tex. Loc. Gov'tCode Section 212.015(c) attached, forwarded to the owners of lots that are ini the original subdivision and that are within two hundred (200') feet of the lots to be replatted as indicated on the most recently approved city tax rolls or the case of a subdivision within the extraterritorial, jurisdiction, the most recently approved county tax roll of the property upon which the replat is requested. (C) Ifthe proposed replat requires a waiver andi is protested in acçordance with this subsection, the proposed replat must receive, in order to be approved, the affirmative vote of at least three-fourths (3/4) of the members present at the meeting of the planning and zoning commission. For a legal protest, written instruments signed by owners of at least twenty (20%) percent of the area of the lots or landi immediately adjoining the area covered by the proposed replat and extending two hundred (200) feet from that area, but within the original subdivision, must be filed with the planning and zoning commission prior to the close of the public hearing. (D) Inc computing the percentage of land area under subsection (C), the area of streets and (E) Compliance with subsections (C) and (D) is not required for approval of a replat of part of aj preceding plati if the areai to be replatted was designated or reserved for other than single or duplex family residential use by notation on the last legally recorded plat ori in the legally  per lot; or  : : *  than two (2) residential units per lot.  alleys shall be included.  recorded restrictions applicable to the plat. (4) Plat Amendments and Corrections.  (A) The planning and zoning commission may approve an amending plat which may be recorded and is controlled over the preceding plat without vacation of that plat, if the amending plat is signed by all the owners and is solely for one or more of the following purposes: () too correct an errori in a course or distance shown on the preceding plat; (ii) to add a course or distance that was omitted on the preceding plat;  (ii) to correct any error in the real property description shown on the preceding plat; (iv) to indicate monuments set forth after death, disability, or retirement from practice of the  engineer or surveyor responsible for setting monuments;    (v) to show the location or character of monument that has been changed in location or character or that is shown incorrectly as to location or character on the preceding plat; (vi) too correct any other type of scrivener or clerical error or omission previously approved by including lot numbers, acreage, street names, and identification of adjacent recorded plats. (vii) to correct an error in courses and distances of lot lines between two (2) adjacent lots if: (1) both lot owners join in the application for amending the plat; (2) neither lot is abolished; (3) the amendment does not attempt to remove recorded covenants or restrictions; and (4) the amendment does not have a material adverse effect on the property rights of the. other owners (vili) tor relocate al lot line to eliminate an inadvertent encroachment of al building or other (ix) to relocate one or more lot lines between one or more adjacent lots if the owner(s) of all such lots join int the appliçation for amending the plat and/or the amendment does not attempt to remove recorded covenants or restrictions and does noti increase the number of lots; (x) tomake necessary changes to the preceding plat to create six (6) or fewer lots in the subdivision or part of the subdivision if. (1) the changes do not affect applicable zoning and other regulations of the city; (2) the changes do not attempt to amend or remove any covenants orr restrictions; (3) the area covered by the changes is located in an area that the planning and zoning commission have approved, after a public hearing, as a residential improvement area;  in the plat;  improvement on al lot line or easement;  and  (xi) to replat one or more lots fronting on an existing street if:  (aa) the owners of all those lots join int the application for amending the plat; (bb) the amendment does not attempt to remove recorded covenants or restrictions;  (cc) the amendment does noti increase the number of lots; and  (dd) the amendment does not create or require the creation of a new street or make (B) Notice and al hearing and the approval of other lot owners are not required for the  necessary the extension of municipal facilities. approval and issuance of an amending plat.  : Sec. 10.219 Expiration of Final Plat Approval  (a) Ifpublic improvements for a subdivision have not been constructed and accepted by the city and the corresponding final plat for said subdivision has noti filed in the Kaufman County plat records within two (2) years after the date. of final plat approval by the planning and zoning commission, said final plat shall be null and void and shall conclusively be deemed to be    withdrawn without further action by the city. This provision shall not apply to final plats approved (b) Final plats approved prior to the effective date of this section shall become null and void and shall be conclusively deemed tol be withdrawn without further action by the city on December 7, 2021 ift the publici improvements for the subdivision have not been constructed and accepted by the city and the corresponding final plat for said subdivision filed in the Kaufman (c) An approved, unexpired final plat may be extended by the planning and zoning commission upon written request, once for a period not to exceed twelve (12) months provided:  by the city prior to the effective date of this section.  County Plat Records.  :  (1) good cause is shown by the developer; and.  (2) there has been no: significant change in development conditions affecting the subdivision; (3) the final plat continues to comply with all appliçable, regulations, standards and this  and chapter.  Sec. 10.220 Industrial Property  An industrial subdivision shall bej processed for approval int the same manner as a residential subdivision, except that no individual lots need be drawn on such plat. Only streets, blocks, drainage easements and  minimum building lines need be shown.  & * ARTICLE 10.300 COMPLETION AND MAINTENANCE OF PUBLIC MPROVEMENTS  * Sec. 10.301 Construction Plan Procedure  (a) General Application Requirement. Construction plans shall be prepared by or under the supervision of a professional engineer or architect règistered in the State of Texas as required by state law governing such professions. Plans submitted for review by the city shall be dated and bear the responsible engineer's or architect's name, serial number and the designation of "engineer,"" "professional engineer" or' "P.E."or' 'architect" and an appropriate stamp or statement near the engineer's or architect's identification, stating that the documents are for preliminary review and are not intended for construction. Final plans acceptable to the city shall bear the seal and signature oft the engineer or architect and the date signed on all sheets of the plans. Public works construction in streets, alleys or easements which will be maintained by the city shall be designed by a professional engineer registered in the State of Texas. (b) Construction Plan Review Procedure. Copies of the çonstruction plans, and the required number of copies of the preliminary plat shall be submitted to the city engineer for final approval.    The plans shall contain all necessary information for construction of the project, including screening walls and other special features. All materials specified shall conform to the standard specifications and standard details of the city. Each sheet of the plans shall contain at title block including space for the notation of revisions. This space is to be completed with each revision to the plan sheet and shall clearly note the nature of the revision and the date the revision was made. The city engineer will release the plans for construction; after approval of the preliminary plat by the commission and payment of all inspection fees. Upon such release, each contractor shall maintain one set of plans stamped with city release at the project site at all times during (c) Failure to Commence Construction. If commencement of construction has not occurred within one (1) year after approval of the plans, resubmittal of plans may be required by the city engineer for meeting current standards and engineering requirements. For purposes of this section Commencement of Construction" shall mean (1) issuance of construction permit(s); and  construction.  (2) grading of the land.  Sec. 10.302 Improvement Agreements  (a) Completion of Improvements. Except as provided below, before the final plati is approved by the commission or planning and zoning manager, all applicants shall be required to complete, in accordance with the city's direction and to the satisfaction of the city engineer, all street, sanitary and other public improvements, including lot improvements on the individual residential lots of the subdivision as required int these regulations and specified ini the final plat, and to dedicate those public improvements to the city. As used in this section, "lot improvements" refers to grading and installation of improvements required for proper drainage  and prevention of soil erosion. (b) mprovementAgreement  (1) Agreement. The city council, considering the recommendation of the commission, may waive the requirement that the applicant complete and dedicate all public improvements prior to approval of the final plat, and may permit the owner to enter into ani improvement agreement by which the owner covenants to complete all required public improvements no later than two (2) years following the date on which the final plati is signed. The city council may also require the owner to complete and dedicate some required public improvements prior to approval of the final plat and to enter into an improvement agreement for completion of the remainder of the required improvements during such two-year period. The improvement agreement shall contain such other terms and conditions as are agreed tol by the owner and the city. (2) Improvement Agreement Required for Oversize Reimbursement. The city shall require an improvement agreement pertaining to any public improvement for which the developer shall (3) Security. The improvement agreement shall require the owner to provide sufficient security covering the completion of the public improvements. The security shali bei in the form of cash  request reimbursement from the city for oversize costs.    escrow or, where authorized by the city, a letter of credit or other security acceptable to the city attorney. Security shall be in an amount equal to one hundred percent (100%) of the city's estimated cost of completion of the required public improvements and lot improvements. In addition to all other security, for completion' of those public improvements where the city participates int the cost, the owner shall provide a performance bond from the contractor, with the city as a co-obligee. The issuer of any surety bond and letter of credit shall be subject to the (4) Letter of Crédit. Ifthe commission authorizes the owner to post a létter of credit as security fori its promises contained in the improvement agreement, the letter of credit shall:  approval of the city attomey.  (A) be irrevocable;  (B) bei for a term sufficient to cover the completion, maintenance and warranty periods but in (C) require only that the city present thei issuer with a sight draft and a certificate signed by an authorized representative of the city certifying to the city's right to draw funds under the letter of (5) Letter of Credit Reductions. As portions of the public improvements are completed; the developer may make application to the city engineer to reduce the amount of the original letter (A). the city engineer, if satisfied that such portion of the improvements has been completed in accordance with city standards, may cause the amount of the letter of credit to be reduced by such amount deemed appropriate, so that the rémaining amount of the letter of credit adequately insures the completion of the remaining public improvements.  no event less than two (2) years; and  credit.  of credit.  (B) upon the dedication of and acceptance by the city of all required public improvements, the city shall authorize a réduction int the security to 10% of the original amount oft the security if the owner is not in breach oft the improvement agreement. The remaining security shall be security for the owner's covenant to maintain the required public improvements and the warrant that the (c) Temporary improvements. The owner shall build and pay for all costs oft temporary improvements required by the commission and shall maintain those temporaryir improvements for the period specified by the commission. Priori to construction of any temporary improvement, the owner shal! file with the city a separate improvement agreement and escrow, or where authorized, al letter of credit, in an appropriate amount for such temporary improvements, which improvement agreement and escrow or letter of credit shall ensure that the temporary improvements will be properly constructed, maintained, and removed.  improvements are free from defect for two (2) years thereafter.  (d) Units of Govemment. Govemmental units may file, in lieu of the contract and security, a certified resolution or ordinance agreeing to comply with the provisions of this section.    (e) Failure to Complete Improvements. For plats for which no improvement agreement has been executed and no security has been posted, if the public improvements are not completed within the period specified by the city, the preliminary plat approval shall be deemed tol have expired. Int those cases where ani improvement agreement has been exeçuted and security has been posted and required public improvements have not been installed within the terms of the (1) Declare the agreement to be in default and require that all the public improvements be installed regardless of the extent of completion of the development at the time the improvement (2) Suspend final plat approval until the public improvements are completed and record a (3) Obtain funds under the security and complete or cause the publici improvements to be (4) Assign its right to receive funds under the security to any third party, including a subsequent owner of the subdivision for which public improvements were not constructed, in whole or in part, in exchange for that subsequent owner's promise to complete the public  agreement, the city, may:  agreement is declared to bei in default;  document to that effect for the purpose of public notice;  completed;  improvements int the subdivision; and  (5) Exercise any other rights available under the law.  () Acceptance of Dedication Offers. Acceptance of formal offers of dedication of street, public areas, easements, and parks shall be by authorization of the city engineer. The approval by. the commission of a plat, whether preliminary or final, shall noti in and of itself be deemed to constitute or imply the acceptance by the city of any street, easement, or park shown on plat. The commission may require the plat to be endorsed with appropriate notes to this effect. (g) Maintenance of Public Improvements. The owner shall. maintain all required public improvements for a period of two (2) years following the acceptance by the city and shall provide a warranty that all public improvements shall be free from defect for a period of two (2)  years following such acceptance by the city.  * Sec. 10.303 Construction Procedures  (a) Permit Required. A! permit is required from the city prior to commencement of any subdivision development work ini the city which affects erosion control, vegetation or tree (b) Preconstruction Conference. The city engineer may require that all contractors participating ini the construction meet for a preconstruction conference to discuss the project  removal or a fioodplain:  prior to release of a permit.    (c) Conditions PrortoAuthorization. Prior to authorizing release of a construction permit, the  city engineer shall be satisfied that the following conditions have been met: (1) The preliminary plat shall be approved by the commission.  (2): All required contract documents shall be completed and filed with the city engineer. (3) All necessary off-site easements or dedications required for city infrastructure and. not shown on the final plat must be conveyed solely to the city, with proper. signatures affixed. The original of the documents shall be returned to the engineering department prior to approval and (4) All contractors participating in the construction shall be provided, at the developer's cost, with a set of approved plans bearing the stamp of release oft the engineering department. One (5) Acomplete list of the contractors, their representatives on the site, and telephone numbers where a responsible party may be reached at all times must be submitted to the city engineer at least twenty-four (24) hours prior toi the preconstruction meeting which is optional.  release of the engineering plans and issuance of a permit.  set of these plans shall remain on thej job site at all times.  (6) All applicable fees must be paid to the city.  Sec. 10.304 Inspection of Public Improvements  (a) General Procedure. Construction inspection shall be supervised by the city engineer. Construction shall be in accordance with the approved plans and the design standards. Any change in design required during construction shouid be made by the engineer whose seal and signature are shown on the plans. Another engineer may make revisions to the original engineering plans if sO authorized by the owner of the plans and if those revisions are noted on the plans or documents. All revisions shall be approved by the city engineer. If the city. engineer's inspection finds that any of the required publici improvements have not been constructed in accordance with the city's construction standards and specifications, the owner shall be responsible for completing and/or correcting the public improvements. (b) Certificate of Satisfactory Completion. The city will not accept dedication of required public improvements until the applicant's engineer or surveyor has certified to the city engineer, through submission of record drawings, indicating location, dimensions, materials, and other information required by the commission or city engineer that all required public improvements have been completed. The record drawings shall also include a complete set of drawings of the paving, drainage, water, sanitary sewer or other public improvements, showing that the layout of the line and grade of all public improvements isi in accordance with construction plans for the plat, and all changes made int the plans during construction and containing on each sheet a record drawing stamp bearing the signature of the engineer and the date. The engineer or    surveyor shall also furnish a copy of the final plat and engineering plans, if prepared on a Computer Assisted Design Drawings ("CADD") system, in such ai format that is compatible with the city's CADD system. The developer shall provide a maintenance bond executed by a corporate surety duly authorized to do business in the State of Texas, payable to the city and approved by the city as toi form, to guarantee the maintenance of the construction for a period of two (2) years after its completion and acceptance by the city. In lieu of a maintenance bond the developer may submit either ani irrevocable letter of credit payable to the city and approved by the city as toi form, or a cash bond payable to the city and approved as to form. The amount of the maintenance bond, letter of credit or cash bond shall be at least ten (10%) percent of the full cost of the infrastructure int the subdivision, as determined by the estimate of construction costs, When such requirements have been met the city engineer shall thereafter accept the public (c) Acceptance oft the development shall mean that the developer has transferred all rights to (d) Upon acceptance of the required publici improvements, the city engineer shall submit a certificate to the developer stating that all required public improvements have been satisfactorily  improvements.  all the public improvements to the city for use and maintenance.  completed.  Sec. 10.305 Deferral of Required Improvements  (a) The commission may upon petition of the owner defer at thei time of final approval, subject toa appropriate conditions, the provision of any or all public improvements are not required in the (b) Whenever a petition to defer the construction of any publici improvement required under these regulations is granted by the commission, the owner shall deposit in escrow the developer's share of the costs of the future public improvements with the city prior to approval of the final plat, or the owner may execute a separate improvement agreement secured by a cash escrow or, where authorized, a letter of credit guaranteeing completion of the deferred public  interests of the public health, safety and general welfare.  improvements upon demand of the city.  A Occupancy  A  Sec.1 10.306 Issuance of Building Permits and Certificates of  No building permit shall bei issued for al lot or building site unless the lot or sitel has been officially recorded by a final plat approved by the City of Grays Prairie, and all public improvements as required for  final plat approval have been completed, except as permitted below,    (1) Building permits may be issued for non-residential and multi-family (apartments) development provided that a preliminary plat is approved by the city and civil construction plans have been released by the city engineer. Building construction will not be allowed to surpass (2) The city engineer may authorize residential building permits for a portion of a subdivision, provided that a preliminary plat has been approved and all publici improvements have been completed fori that portion of the development, including but not limited to those required fori fire and emergency protection. Notwithstanding, no lot may, be sold or title. conveyed until at final (3) No certificate of occupancy shall be issued for a building or the use of property unless all subdivision improvements have been completed and at final plat approved by the city has been recorded. Notwithstanding the above, the city building official may authorize the occupancy of a structure provided that an agreement providing cash escrow, a letter of credit, or other sufficient surety is approved by the city for the completion of all remaining publici improvements.  the construction of fire protection improvements.  plat approved by the city has been recorded.  A  Sec. 10.307 Utility Connections  Utility connections fori individual lots are not: authorized until ai final plat has been approved in  accordance with this chapter. A A 63.3AE  wd : Sec. 10.308 Withholding Improvements  The city shall withhold all city improvements of whatsoever nature, including the furnishing of water and sewer: facilities and service, from any subdivision which has not been constructed and approved in  accordance with this chapter.  A  A  ARTICLE 10.400 STANDARDS AND  REQUIREMENTS  Sec. 10.401 Lots and Blocks    (a) All lots of a plat shall front on a dedicated public street, or an approved private street. (b) Lot dimensions shall comply with the standards required by the comprehensive zoning (c) The area of the lots shall be computed by taking the total area measured on a horizontal All sidelines of lots shall be at right angles to straight street lines or radial to curved street lines unless ay waiver from this rule would, int the opinion of the planning and zoning commission, Block lengths between intersecting cross streets shall be no more than one thousand six  ordinance.  plane included within the lot lines.  produce al better lot plan and better utilize the proposed development. hundred (1,600') feet and no less than two hundred fifty (250) feet.  A  A  Sec. 10.402 Park Sites  A  A  Sec. 10.403 Streets and Drainage  (a) Streets as follows: Street or Thoroughfare Type  (1) All street widths in subdivisions shall conform to the major thoroughfare plan and shall be  ROWY Width  Pavement Width (F-F)*  Arterial  120-ft  33-ft (each direction)  Major Collector  70-ft  48-ft    Collector  60-ft  36-ft  Residential  50-ft  26-ft  *Pavement widths are: face of curb to face of curb.  (Ordinance, > sec. 1, adopted)  (2) All necessary street rights-of-way shall be dedicated as part of the platting process and (3) Existing streets shall be continued with the same or greater right-of-way and pavement widths as the existing streets being connected where practical, as determined by the planning and zoning commission. Street names shall also be continued for extended streets. (4) Dead-end streets may be platted where the land adjoining the proposed plat has not been developed and the opportunity exists for future extension of the proposed street and shall not exceed one hundred fifty (150) feet. Int the eventi that such proposed street exceeds one hundred fifty (150) feet in length or one lot width, from the nearest street intersection, the street will be provided with an approved cul-de-sac, turn-around either permanent or temporary (defined as permanent quality and made of asphalt), having a minimum right-of-way radius of (5). Where streets within the proposed subdivision are dictated by lot design to be cul-de-sac, such cui-de-sac streets shall be provided with a permanent cul-de-sacl having a minimum right-of-way radius of fifty (50) feet and shall not exceed six hundred (600') feet in length except in circumstances dictated by topography and existing development. Future streets that may offer a second point of access shall not be considered when measuring the length of cul-de-sac until the street is actually constructed. In situations where cul-de-sacs exceed the prescribed length by more than five (5%) percent, a combination of the following based on the number of  shall be dedicated to the city without cost.  fifty (50) feet.  lots and dwelling units will be considered as a mitigating measure:  (A) as secondary emergency entrancelexit,  (B) widening of the street and enlarging the cul-de-sac turn around;  (C) reduced density along the cul-de-sac, larger lots with fewer homes;    (D) addition of fire hydrants; and  (E) looped water system. tot treatment and layout of utilities.  (6) Roadways shall be designed with regard for all topographical features lending themselves (7) In platting the subdivision, the developer shall dedicate all the necessary right-of-way for the existing and proposed streets as shown on the proposed plat in accordance with the major (8) All streets shall be constructed in the dedicated right-of-way as required by the major thoroughfare plan. Ifas street as shown on the major thoroughfare plan is located in the interior of the subdivision, the developer shall construct the entire width of the roadway. Streets which dead-end at utility rights-of-way intended for future extension across these rights-of-way shall be constructed to the center of the right-of-way as required by the major thoroughfare plan for half Where streets are dedicated adjacent to undeveloped land and the property line is normally the centerline of the street, the developer shall dedicate the necessary right-of-way. (9) All new streets and median openings and left-turn lanes, constructed in existing streets to serve dedicated streets in a development, or to serve private drives, shall be paved to city (10) Acceleration and deceleration lanes shall be constructed to the same standards as the adjoining streets, and cost of construction shall be the developer's responsibility. (11) All handicap ramps shall be constructed by developer in accordance with the Paving  thoroughfare plan or other plans approved by the city, at no cost to the city.  the distance across the rights-of-way.  standards, inspected by city inspectors and paid for by the developers.  Design Manual prior to acceptance of the subdivision.  (Ordinance, sec. 1, adopted)  (12) Ata a signalized intersection in which one public street terminates at thei intersection of a connecting cross street, a private driveway shall not be placed ont the cross street so as to be in alignment with the terminating street. However, an exception to this requirement may be considered when iti is demonstrated that the location of the proposed drive, at the intersection, is the only acceptable access point due to spacing requirements and other design standards. (13) Apublic cross access easement shall be required between adjacent lots fronting on an arterial street in order to minimize the number of access points and facilitate access between and across individual lots and any other location where existing lot widths are not sufficient to allow individual driveways per the city's driveway criteria. The location shall be approved by the city. Minimum easement width shall be twenty-four (24) feet and the length shall be the full width    oft the lot fronting the roadway. This standard is required and must be shown on all optional  studies, preliminary plats and final plats. (Ordinance, sec. 1,adopted) (b) Alleys  (1) All residential subdivisions shall be provided with concrete alleys at the rear of the lots unless a waiver is granted pursuant to this chapter. Alleys shall be required in all new developments and replatting of existing subdivisions unless expressly waived because of drainage, topographical features, or other existing conditions which preclude the use of an alley inaparticular location. The alleys shall be dedicated to the city as part of the final plat. (2) Int the event the developer is prevented from providing rear alleys on a particular street due to topography or street layout, those lots which cannot provide alleys shall be restricted to side or rear entry garages. No residence garage opening may face the street. (3) Alleys shall have a minimum right-of-way width off fifteen (15) feet and shall have a minimum pavement width of ten (10) feet constructed in accordance with the Paving Design  Manual. (c) Sidewalks  (1) Concrete sidewalks are required for all streets, unless waived by the city council at time of (2) Sidewalks located on residential streets shall be five (5) feet in width, located within the street right-of-way and constructed in accordance with the Paving Design Manual. (3) Sidewalks located adjacent to commercial property and all designated arterial or collector streets, as shown in the major thoroughfare plan shall be six (6) feet in width within the street right-of-way and constructed in accordance with the Paving Design Manual. (4) Sidewalks adjacent to arterial or collector streets shall be constructed at the time the street is constructed. All other.sidewalks shall be constructed at the time the residence or  preliminary plat approval.  development is permitted. (d) Street Name Signs  (1) Street name signs and markers and traffic control signs, in accordance with the Uniform Manual for Traffic Control Devices and the standards adopted by the city shall be required at (2) The cost of the street name sign, poles and installation shall be paid by the developer prior to acceptance of the subdivision. The city shall install the signs upon receipt of payment.  each intersection.  (e) Storm Sewers - Residential Developments    (1) An adequate storm sewer. system consisting ofi inlets, pipes, and/or excavated channels or natural creeks and other drainage structures shall be constructed with the subdivision. The developer shall bear the cost of all channel excavation, inlets, laterals, headwalls, manholes, (2) The developer shall be responsible for all the costs of storm drainage systems where a (3) In cases where the storm drain is larger than seventy-two (72) inches, twenty-five percent (25%) of the cost of providing the additional pipe larger than seventy-two (72) inches may be borne by the city and reimbursed to the developer, ifap part of the capital improvement plan for the city and if funds become available. In such event, the developer shall be responsible for the remaining seventy-five percent (75%) and the cost of constructing the seventy-two (72) inch (4) Ing general, underground drainage shall be constructed in streets, alleys and drainage easements. As an alternate and upon approval by the city engineer, the developer may construct, excavate, or re-construct, at the developer's expense, an open channel. The proposed channel shall be constructed in accordance with the Drainage and Stormwater (5) All channels shall be provided with dedicated drainage easements covering the floodway areas as defined by the Drainage and Stormwater Pollution Prevention Design Manual. All lots platted adjacent to the channel shall include the required drainage easement. Where possible, the property line division between lots shall be the center of the constructed channel. (6) Ifad developer chooses to construct an open channel or maintain a channel in its existing (A) Creeks or excavated channels with side slopes of4 4:1 or less shall be maintained by the (B) Creeks or channels with greater slopes shall be maintained by the adjacent owners through an organized entity, owner association, public improvement district, condominium agreement, or other means. The city shall, through written agreement with the operating entity, (7) Ins street crossings over drainage systems with a cross section exceeding the dimension of an opening larger than that of a two (2) seventy-two (72") inch culvert pipe culvert, the city may participate in such crossings in an amount not to exceed twenty-five percent (25%) of the construction costs if a part of the capital improvement plan and if funds become available.  junction structures, and all other items required to complete the system. pipe of seventy-two (72) inches in diameter or less is installed.  diameter pipe.  Pollution Prevention Design Manual.  condition, the following conditions shall be met:  adjacent owner(s); and  have access for emergency purposes.  (f) Storm Sewers - Nonresidential Developments    (1) An adequate storm drainage system consisting of inlets, pipes, underground structures, and/or channels or creeks, shall be constructed by the developer in accordance with the (2) The developer shail pay the total cost of all underground systems which are constructed where a double seventy-two (72") inch diameter or smaller pipe will carry the runoff. The city may participate to the extent of ten percent (10%) of the difference betweèn two seventy-two (72") inch pipes and any larger diameter pipes, and reimburse the developer for such costs if a (3) Ing general, underground drainage shall be constructed in rights-of-way. As an alternate, if approved by the city engineer, the developer may construct, excavate, or re-construct at the developer's expense, an open channel in accordance with the Drainage and Stormwater  Drainage and Stormwater Pollution Prevention Design Manual.  part of the capital improvement plan and iffunds become available.  Pollution Prevention Design Manual.  (4) Ins street crossings over drainage systems with a. cross section exceeding the dimension of an opening larger than that of ai two (2) seventy-two (72") inch culvert pipe culvert, the city may participate in such crossings in an amount not to exceed twenty-five percent (25%) of the construction costs if a part of the capital improvement plan and if funds become available. (g) Lakes, detention ponds, and retention ponds may be constructed in all areas to be maintained by the owner, subject to approval by the city engineer. Dedication of an easement to (h) Otheri innovative drainage concepts will be considered subject to review and approval by  the city is required to provide access for emergency purposes.  the city engineer and city council.  A  A  Sec. 10.404 Water and Wastewater Extensions  (a) Water and Sewer; General Provisions  (1) All water and wastewater utilities shall be required to extend across the full width of the last lot platted on each street proposed within the subdivision, in such an alignment that it can be extended to the next property in accordance with the master water and sewer plans for the city. Properties already served by water and sewer shall not be required toi install additional facilities unless the current lines are not of adequate capacity to serve the proposed development, in which case the developer shall be required to install adequate facilities. (2) Every lot of the plat shall have direct access to the water and sewer system. Utility service shall be from a Water/wastewater main located in an abutting right-of-way or through easements  from the lot to awater/sewer main.  (b) Water    (1) No water main shall be extended unless the diameter of any such extended maini is a minimum of eight (8") inches in diameter. Larger mains may be required. per the water master (2). The water system shall be looped. Dead-end mains, if permitted, shal! not exceed six hundred (600) feet. Single feeds may be permitted with the approval of the city engineer. Single (3) The spacing and location of all fire hydrants shall comply with the provisions of the fire (4) The developer will bear the total cost of on-site mains, with sizes to be determined by the city, except that the city may pay for the increment of cost of water and sewer mains over twelve inches (12") in diameter provided that such mains are required as a part of the water master plan; and if a part of the capital improvement plan for the city, andi ifi funds become available. The increment of the cost bomne by the city shall be determined on the basis of percentage difference between the twelve inch (12") water or sewer mains and the larger size required.  plan.  feeds shall provide for looping in the future.  code and the Water and' Wastewater Design Manual adopted by the city.  (c) Wastewater  (1) Nov wastewater main shali be extended unless the diameter of such extended main is a minimum of six (6") inches inside the subdivision. Larger mains may. be required per the wastewater master plan. The city may. participate int the cost of oversizing water mains, ifal part of the capital improvement plan for the city and if funds become available. (2) In locations where wastewater service is not available, as determined by the city engineer, ani individual sewage disposal system of a type approved byt the building official may be installed inconformance with the plumbing code adopted by the city as applicable, and the requirements of Kaufman County and the Texas Natural Resources Conservation Commission.  A  Sec. 10.405 Provision of Amenities  When amenities are proposed as ap part ofas subdivision and are owned and maintained by owners in common or through an association of owners, or where, the amenities are to be dedicated to the city and are tol be maintained publicly or privately through agreement with the city, the city may require the  following:  (1) Plans and illustration of the proposed amenities;  (2) Cost estimates of construction, maintenance and operating expenses;  (3) Association documents, deed restrictions, contracts and agreements pertaining to the  amenities; and    (4) Provision of surety as required for maintenance and other expenses related to the (5) The design of amenities shall conform to the city's guidelines for residential amenities as (6) All amenities tol be placed on land dedicated to the city, or involving the potential use of public funds for maintenance and/or operation shall require city council approval prior to approval of the preliminary plat. The city courcil may deny any such amenities at its sole (7) All such amenities must be completed and inj place prior to acceptance oft the public improvements and prior to final release of certificate of occupancy and occupying of residential (8) Any subdivision creating an area or amenity to be owned in common by the owners of lots within the subdivision shall require the establishment of an mandatory owners and/or  amenities.  adopted by the city council.  discretion.  structures.  homeowners' association prior to the approval of the final plat.  A  A  Sec. 10.406 Mandatory Homeowners' Association  (a) Applicability. When a subdivision contains streets, sewers, sewage. treatment facilities, water supply systems, drainage systems or structures, parks, landscaping systems or features, irrigation systems, screening walls, living screens, buffering systems, subdivision entryway features (including monuments or other signage), or other. physical facilities or grounds held in common that are not to be maintained by the city, the city may require the establishment and creation of a mandatory homeowners' association to assume and be responsible. for the continuous and perpetual operation, maintenance and supervision of such facilities or grounds. (b) : Responsibilities. Suchmandatory homeowners' associations shall be responsible for the continuous and perpetual operation, maintenance and/or supervision of landscape systems, features or element located in parkways, common areas, between screening walls or living screens and adjacent curbs or street pavement edges, adjacent to drainage ways or drainage structures, or at subdivision entryways. Subdivision entryway treatments or features shall not be allowed unless a mandatory homeowners' association as required herein is established and created. The city shall be responsible for the repair of landscape systems, features or elements damaged by cityi initiated utility work in dedicated easements. Other damage occurring during (c) Purpose. Al homeowners' association shall be established and created to assume and be responsible for the continuous and perpetual operation, maintenance and supervision of landscape systems; features or elements located in parkways, common areas between screening walls or living screens and adjacent curbs or street pavement edges, adjacent to  utility repairs will be the responsibility of the appropriate utility company.    drainage ways or drainage structures or at subdivision entryways, open space common areas or properties including but not limited to: landscape features and irrigation systems, subdivision entryway features and monuments, private amenity center, playgrounds, pavilions, ponds, detention ponds, off-street parking fori the private amenity center, swimming pool, exercise trail, (d) Dedications To Homeowners' Association. All open space and common properties or areas, façilities, structures, improvements systems, or other properties that are tol be operated, maintained and/or supervised by the homeowners' association shall be dedicated by easement or deeded in fee simple ownership interest to the homeowners' association after construction and installation as applicable by the owner and shall be clearly identified on the record final plat (e) Approval. A copy of the agreements, covenants and restrictions establishing and creating the homeowners' association must be approved by the planning and zoning commission based onrecommendation of city attorney prior to the approval of the final plat of the subdivision and must be filed of record with said final plat in the plat records of the county. The final plat shall clearly identify all facilities, structures, improvements systems, areas or grounds that are to be () Contents of Homeowners' AssociationA Agreements. Ata a minimum, the agreements, covenants and restrictions establishing and creating the homeowners' association required  private neighbornood park and related amenities.  of the property.  operated, maintained and/or supervised by the homeowners' association.  herein shall contain and/or provide for the following: (1) Definitions of terms contained therein;  (2) Provisions acceptable to the city for the establishment and organization of the mandatory homeowners' association and the adoption of by-laws for said homeowners' association, including provisions requiring that the owner(s) of any lot or lots within the applicable subdivision and any successive purchase(s) shall automatically and mandatorily become a member of the (3) The initial term of the agreement, covenants and restrictions establishing and creating the homeowners' association shall be for a twenty-five (25) year period and shall automatically renew for successive ten (10) year periods and the homeowners' association may not be (4) Provisions acceptable to the city to ensure the continuous and perpetual use, operation, maintenance and/or supervision of all facilities, structures, improvements, systems, open space or common areas that are responsibility oft the homeowners' association and to establish a (5) Provisions prohibiting the amendment of any portion of the homeowners' association's agreements, covenants or restrictions pertaining to the use, operation, maintenance and/or supervision of any facilities, structures, improvements, systems, aread or grounds that are the responsibility of the homeowners' association without the prior written consent of the city;  homeowners association;  dissolved without the prior written consent oft the city;  reserve fund for such purposes;    (6) The right and ability of the city ori its lawful agents, after due notice to the homeowners' association, to remove any landscape systems, features or elements that cease to be maintained by the homeowners' association; to perform the responsibilities of the homeowners' association and its board of directors if the homeowners' association fails to do so in compliance with any provisions of the agreements, covenants or restrictions of the homeowners' association or of any applicable city codes or regulations; to assess the homeowners' association for all costs incurred by the city in performing said responsibilities if the homeowners' association fails to do so; and/or to avail itself of any other enforcement actions available to the city pursuant to (7) Provisions indemnifying and holding the city harmless from any and all costs, expenses, suits, demands, liabilities or damages including attorney's fees and costs of suit, incurred or resulting from the city's removal of any landscape systems, features or elements that cease to be maintained by the homeowners' association or from the city's performance of the aforementioned operation, maintenance or supervision responsibilities of the homeowners' association due to the homeowners' association's failure to perform said responsibilities. (g) Notice to Purchasers. Builders are required to post notice in a prominent place in all model homes, sales offices and on all open space areas larger than 20,000 square feet stating that a property association has been established and membership is mandatory for all property owners. The notice shall state at a minimum that the builder shall provide any person upon their request the association documents and a five (5) year projection of dues, income and (h) Maintenance Reserve Fund. Prior to the transfer of the control of the homeowners' association to the lot owners, the developer must provide a reserve fund equivalent to two () Property Association, Activation. Concurrent with the transfer of the homeowners' association, the developer must transfer to the homeowners' association control over all utilities related to property and amenities to be owned by the homeowners' association. The developer must also disclose to the homeowners' association the total cost to date related to the operation  state law, city codes or regulations; and  association expenses.  months' dues based ont full homeowners' association membership.  and maintenance of common property and amenities.  A  A  Sec. 10.407 Design Standards  The following design standards and specifications are incorporated by reference into this chapter: (1) City of Grays Prairie Drainage and Stormwater Pollution Prevention Design Manual, Paving Design Manual, and' Water and Wastewater Design Manual adopted by ordinance from  time to time.    (2) City of Grays Prairie Water Master Plan, Wastewater Master Plan and Storm Drainage  Master Plan.  A  Sec. 10.408 Payment of Fees, Charges and Assessments  Asace condition of plat approval, the developer shall pay all fees, charges, and assessments established by resolution or ordinance oft the city council as may bei imposed under this chapter or other regulations of  the city. (Ordinance adopted)  :