HomeMy WebLinkAboutOrd 2026-5028_amends Chapter 86 for the regulations and approval of subdivision platsORDINANCE NQ 2026-5028
AN ORDINANCE AMENDING CHAPTER 86 "DEVELOPMENT REGULATIONS",
SECTION 86-8 "SUBDIVISION PLATS" OF THE CODE OF ORDINANCES OF THE
CITY OF LA PORTE, TEXAS BY AMENDING REGULATIONS RELATED TO
APPROVAL OF SUBDIVISION PLATS; PROVIDING THAT ANY PERSON
VIOLATING THE TERMS OF THIS ORDINANCE SHALL BE DEEMED GUILTY OF
A MISDEMEANOR AND UPON CONVICTION SHALL BE FINED IN A SUM NOT TO
EXCEED TWO THOUSAND DOLLARS; PROVIDING FOR THE PUBLICATION OF
THE CAPTION HEREOF; CONTAINING A REPEALING CLAUSE; CONTAINING A
SEVERABILITY CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS
ACT; AND PROVIDING AN EFFECTIVE DATE HEREOF.
BE IT HEREBY ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE,
TEXAS:
Section 1: That Chapter 86, "Development Regulations", Section 86-8 "Subdivision Plats" of
the Code of Ordinances of the City of La Porte, Texas, is hereby amended in its entirety and shall
hereinafter read as follows:
"Sec. 86-8. - Subdivision plats.
(a) The following sections outline procedures for preparing and obtaining approval of subdivision plats
for residential, commercial, or industrial properties. All final subdivision plats must be recorded in
the county map records.
(b) Preliminary plat.
(1) Preliminary plats are required for all major subdivisions and shall be consistent with the
approved general plan, if applicable.
(2) Application shall be submitted to the department at least two (2) weeks before the date which
commission review is requested. Application shall consist of all required documentation
submitted either electronically or one paper copy.
(3) The following information must be provided as part of a preliminary plat submission:
a. Application and applicable fee.
b. Development checklist.
c. Project description letter.
d. Any additional information required by the director.
e. The preliminary plat shall graphically contain the following (ensure compliance with PICM
standards, where applicable):
1. Name of subdivision, which cannot be similar to that of an existing subdivision.
2. Type of development.
3. Description of land on which subdivision lies: " acres out of the Survey,
Abstract Number . Harris County, State of Texas."
4. Date.
5. Scale in engineering format.
6. North arrow.
7. Name of developer and property owner.
8. Name of surveyor and/or engineer preparing -the plat.
9. Total number of lots, blocks and reserves.
10. Indicate size of each lot and reserve.
11. Vicinity map in relation to surrounding streets, railroads and water courses.
12. Label adjacent properties including ownership information and HCAD parcel
identifications, where applicable.
13. Show all physical features of the site including high banks of water courses and any
other natural or man-made physical development obstacles.
14. Draw perimeter boundaries of the subdivision.
15. Show proposed layout of blocks and lots or reserves within blocks.
16. For reserves: Draw boundaries for and designate area (in square feet and acres) for
unrestricted reserves and those dedicated for restricted usages, such as those for
drainage, recreation, parkland, or other uses (indicate intended usage and existing
zoning). -
17. Label contours at one -foot intervals.
18. Show and label all rights -of -way of all streets and alleys, either existing or proposed,
within the plat boundaries and immediately adjacent thereto. Indicate right-of-way
width between points, curvature, tangency and at changes in width.
19. Provide names of all existing and proposed streets located within the plat boundaries
and immediately adjacent thereto. Street names cannot be duplicates of any street
names in current use, unless continuations of existing streets or as part of a historical
grid pattern.
20. Label location, widths and types of all easements, either existing or proposed, within
the platted area or immediately adjacent thereto. Include any recording information
on any existing easements.
21. Show nearest city approved survey monument and exact bearing (nearest second)
and distance (nearest hundredth of a foot) to a defined point on the perimeter
boundary of the property.
22. Show location of all proposed survey control monuments to be installed by the
developer pursuant to section 86-15 of this chapter.
23. Show boundary of flood hazard area/s as adopted by the city.
24. Show location of all existing and proposed storm drainage, sanitary sewer system,
and water lines.
25. For condominium developments: Draw the footprint of each building site and show
overall dimensions and building type for each building. Show shortest distances from
each building to nearest building and property line. For each building type, draw to
larger scale the plan of each building type, showing all perimeter wall dimensions and
the dimensions and location of walls between units. Designate each unit type and
floor area in square feet.
(4) Preliminary plat applications shall comply with all applicable city ordinances and statutes prior
to approval by the commission. The commission shall review the plat and take one of the
following actions:
a. Approve the preliminary plat as filed.
b. Approve the preliminary plat with conditions.
c. Disapprove the preliminary plat as filed.
d. In each case where the preliminary plat is approved with conditions or disapproved, the
applicant shall be provided with a written statement of the conditions for the conditional
approval or reasons for disapproval that clearly articulates each specific condition for the
conditional approval or reason for disapproval, and in such statement each condition or
reason must 1) be directly related to the requirements under Subchapter A "Regulation of
Subdivisions", of Chapter 212 of the Texas Local Government Code; 2) include a citation to
the law, including a statute or municipal ordinance, that is the basis for the conditional
approval or disapproval, if applicable, and 3) not be arbitrary. After receipt of the written
statement the applicant may submit a written response that satisfies each condition for the
conditional approval or remedies each reason for disapproval. If the applicant submits a
written response, the commission shall determine whether to approve or disapprove the
plat not later than the 15th day after the date the written response was submitted.
Unless stipulation for additional time is agreed to by the subdivider, the failure of the
commission to act within thirty (30) days from the date of the filing of the preliminary plat by
the developer, will cause the preliminary plat to be deemed approved.
(6) The original approved mylar of the preliminary plat shall be retained by the department in the
official files of the commission.
(5)
(7)
In the event the subdivider fails to file a final plat within one year of approving authority
approval of the preliminary plat, approval of said preliminary plat shall terminate upon written
notice to the subdivider or owner. The subdivider or owner may request in writing a one year
extension specifying the reason why a final plat has not been filed.
(c) Final plat.
(1) Final plats are required for all subdivision, and shall be consistent with the preliminary plat if
applicable. Final plats of subdivisions are drawn accurately to scale with exact dimensions.
Complete instructions for preparing final plats are contained in Appendix D.
(2) In conjunction with the filing of the final plat, the subdivider or developer shall file a proposed
set of covenants, restrictions, conditions, and reservations, affecting the property enclosed
within the final plat. The covenants and restrictions shall include provisions creating an
association of lot owners charged with the responsibility of promoting the recreation, health,
safety, and welfare of the members of the association, and for the improvement and
maintenance of any common areas, compensating open space, private streets, alleys, or parking
areas included within the final plat. The association shall be empowered to levy assessments to
be used exclusively in the enforcement of the covenants, restrictions, conditions, and
reservations affecting the property enclosed in the final plat, and for the furtherance of its
responsibility of improving and maintaining any common areas, compensating open space,
private streets, alleys, parking areas or other private improvements included within the final
plat. The assessments levied shall be a charge on the land and shall be a continuing lien on the
property against which each such assessment is made.
The proposed set of covenants, restrictions, conditions and reservations filed shall be submitted
to the City Attorney of the City of La Porte, who shall review the documents and insure that the
form of the documents complies with this chapter.
Application shall be submitted to the department at least two weeks before the date which
review is requested. Application shall consist of all required documentation either electronically
or one paper copy.
The following information must be submitted as part of a final plat submission:
a. Application and applicable fee.
b. Development checklist.
c. Title certificate, abstract, or planning letter.
d. Complete public street construction drawings for approval by the director.
e. Complete public utility construction drawings for approval by the director.
f. List of coordinates for each point to be marked in the final field survey. Each point on the
list is to be assigned a unique number code. A copy of the final plat, marked with the
locations of each number code, is to be submitted as well.
g. Letters from the servicing utility companies approving of the easements shown on the plat.
h. Copy of deeds for any private easements within the subdivision.
i. Commitment of park dedication as required in section 86-11 of this chapter.
j. A letter, statement or instrument from the holder of any privately owned easement or fee
strip within the subdivision boundaries approving any crossings of said existing easement
or fee strip by proposed streets, utilities, or easements shown on the plat. If adjustment of
existing utilities is required, said letter shall specify the nature of the adjustments and the
approval of the owner for such adjustments.
k. Set of covenants, restrictions, conditions, and reservations, affecting the property enclosed
within the final plat.
I. Title information as required in section 86-15(n) of this chapter.
m. Any additional information required by the director.
n. Final plat to graphically contain the following (ensure compliance with PICM standards,
where applicable):
(7)
1. The graphical requirements outlined for a Preliminary Plat in Section 86-8(b)(3)(e),
items 1-22.
2. Metes and bounds description in map for with appropriate bearings and distances.
3. Owners' acknowledgement statement.
4. Lienholders' subordination agreement, where applicable.
5. Plat accuracy certificate.
6. Final survey certificate.
7. Approving authority certificate.
8. Harris County Clerk filing statement.
9. Permanent access easement must be labeled for any proposed private roads.
10. Any other special statements required by the director.
(6) Final plat applications shall comply with all applicable city ordinances and statutes prior to
approval by the director. The director shall review the plat and take one of the following actions:
a. Approve the final plat as filed.
b. Approve the final plat with conditions.
c. Disapprove the final plat as filed.
d. If the director disapproves, or approves with conditions, a final plat the applicant has
the right to appeal to the commission.
e. In each case where the final plat is approved with conditions or disapproved, the
applicant shall be provided with a written statement of the conditions for the
conditional approval or reasons for disapproval that clearly articulates each specific
condition for the conditional approval or reason for disapproval, and in such statement
each condition or reason must 1) be directly related to the requirements under
Subchapter A "Regulation of Subdivisions", of Chapter 212 of the Texas Local
Government Code; 2) include a citation to the law, including a statute or municipal
ordinance, that is the basis for the conditional approval or disapproval, if applicable,
and 3) not be arbitrary. After receipt of the written statement the applicant may
submit a written response that satisfies each condition for the conditional approval or
remedies each reason for disapproval. If the applicant submits a written response, the
director or the commission, as the case may be, shall determine whether to approve
or disapprove the plat not later than the 15t' day after the date the written response
was submitted.
f. The director may, for any reason, elect to present the final plat to the commission for
approval of the plat.
Unless stipulation for additional time is agreed to by the subdivider, the failure of the director
or the commission, as the case may be, to act within thirty (30) days from the date of the filing
of the plat by the developer, will cause the plat to be deemed approved.
(8) Notice of the director's or commission's action shall be forwarded to the applicant.
(9)
A final plat shall not be recorded until executed by the director and by the commission. Before
the final plat is executed, the developer shall follow the procedure provided for in section, and
construct the proposed improvements according to the approved plans and specifications. In
the event the developer or owner fails to commence construction of such improvements within
one year of development authorization, approval of the final plat shall terminate upon written
notice from the commission to the developer or owner. The developer or owner may request
in writing one year extension specifying the reasons why construction has not commenced.
The commission shall not sign and deliver a copy of the plat to be recorded, nor shall such final
plat be recorded, if such proposed improvements are not completed within two years of
commencement of construction, and approved by the director. In the event the developer or
owner fails to complete construction of such improvements within two years of
commencement of construction, approval of the final plat shall terminate upon written notice
from the commission to developer or owner. The developer or owner may request a one year
extension in writing from the director specifying the reasons why construction had not been
completed.
The final plat shall not be recorded unless the deed restrictions called for herein are recorded
simultaneously with the recordation of the final plat.
(10) After recordation with Harris County, the original recorded mylar film of the final plat shall be
retained in the official files of the commission.
(d) Administrative plat.
(1) The same submittal requirements for a final plat approval apply to an administrative plat.
(2) Administrative plat applications shall comply with all applicable city ordinances and statutes
prior to approval by the director. The director shall review the plat and take one of the following
actions:
a. Approve the administrative plat as filed.
b. Approve the administrative plat with conditions.
c. Disapprove the administrative plat as filed.
d. If the director disapproves, or approves with conditions, a administrative plat the
applicant has the right to appeal to the commission.
e. In each case where the administrative plat is approved with conditions or disapproved,
the applicant shall be provided with a written statement of the conditions for the
conditional approval or reasons for disapproval that clearly articulates each specific
condition for the conditional approval or reason for disapproval, and in such statement
each condition or reason must 1) be directly related to the requirements under
Subchapter A "Regulation of Subdivisions", of Chapter 212 of the Texas Local
Government Code; 2) include a citation to the law, including a statute or municipal
ordinance, that is the basis for the conditional approval or disapproval, if applicable,
and 3) not be arbitrary. After receipt of the written statement the applicant may
submit a written response that satisfies each condition for the conditional approval or
remedies each reason for disapproval. If the applicant submits a written response, the
director or the commission, as the case may be, shall determine whether to approve
(3)
or disapprove the plat not later than the 15th day after the date the written response
was submitted.
f. The director may, for any reason, elect to present the administrative plat to the
commission for approval of the plat.
Unless stipulation for additional time is agreed to by the subdivider, the failure of the
director or the commission, as the case may be, to act within thirty (30) days from the date
of the filing of the administrative plat by the developer, will cause the plat to be deemed
approved.
(e) Replat of recorded subdivision plats.
(f)
(1)
A replat or re -subdivision of a recorded subdivision plat, or a portion thereof, but without
vacation of the immediate previous plat, is hereby expressly authorized to be recorded and shall
deemed valid and controlling when:
a. It has been signed and acknowledged by only the owners of the particular property which
is being re -platted or re -subdivided on the acknowledgement shown in Enclosure 1 to
Appendix D;
b. It does not attempt to alter, amend or remove any covenants and restrictions;
c. There is compliance, when applicable, with Local Government Code § 212.014 and
212.0145; and
d. Any replat that requires a public hearing as mandated by Local Government Code § 212.015
shall be approved by the commission. If a public hearing is not required, approval of the
replat shall be taken by the director.
e. All expenses incurred by the city or the subdivider in the replat process shall be borne by
the subdivider, including costs of notice at public hearing.
Amending plat (of recorded subdivision plats).
(1)
An amending plat may be filed for record in the county map records to correct dimensional
errors, notational errors or other erroneous information, to add to or delete monuments, or to
relocate a lot line between adjacent lots, as allowed in Local Government Code § 212.016,
provided:
a. The signed amending plat certificate shown on enclosure 4 to appendix D is placed on the
face of the amending plat;
b. The planning and zoning commission certificate shown on enclosure 4 to appendix D is
placed on the face of the amending plat and;
c. Commission approval of said amending plat is reflected by commission execution of said
certificate.
(2) The planning director of the City of La Porte may approve amending plats and execute
certification of same as set forth above in lieu of the planning commission, as allowed in Local
Government Code § 212.0065. The director of planning may, for any reason, elect to present
the amending plat to the commission for approval. The director of planning shall not disapprove
the amending plat and shall refer any amending plats which are refused to the planning
commission within the time parameters as delineated in Local Government Code § 212.009.
(g) Vacating plat (of recorded subdivision plats).
(1) The vacation of subdivision plats, which is authorized and regulated by Local Government Code
§ 212.013, shall be permitted, provided:
a. All owners of all property contained within the previous plat sign the vacation of subdivision
declaration shown on enclosure 5 to appendix D;
b. Approval of the director or commission is obtained and reflected by director or commission
execution of the certificate shown on enclosure 5 to appendix D; and
c. Said owners declaration and director or commission approval certificate is recorded as a
single instrument in the county records as required by Local Government Code § 212.013.
Section 2. Any person, as defined in Section 1.07 (27), Texas Penal Code, who shall violate
any provision of the ordinance, shall be deemed guilty of a misdemeanor and upon conviction
shall be shall be fined in a sum not to exceed two thousand dollars.
Section 3. Each and every provision, paragraph, sentence and clause of this Ordinance has
been separately considered and passed by the City Council of the City of La Porte, Texas,
and each said provision would have been separately passed without any other provision, and
if any provision hereof shall be ineffective, invalid or unconstitutional, for any cause, it shall
not impair or affect the remaining portion, or any part thereof, but the valid portion shall be
in force just as if it had been passed alone.
Section 4. All other ordinances or parts of ordinances in conflict herewith are hereby repealed,
but to the extent of such conflict only.
Section 5. The City Council officially finds, determines, recites and declares that a sufficient
written notice of the date, hour, place and subject of this meeting of the City Council is posted at
a place convenient to the public at the City Hall of the city for the time required by law preceding
this meeting, as required by Chapter 551, Tx. Gov't Code; and that this meeting has been open to
the public as required by law at all times during which this ordinance and the subject matter
thereof have been discussed, considered and formally acted upon. The City Council further
ratifies, approves and confirms such written notice and the contents and posting thereof.
Section 6. This Ordinance shall be effective fourteen (14) days after its passage and approval.
The City Secretary shall give notice of the passage of this ordinance by causing the caption hereof
to be published in the official newspaper of the City of La Porte at least once within ten (10) days
after the passage of this ordinance.
PASSED AND APPROVED this the 9th day of February 2026.
CITY OF LA PORT
Rick Helton, Mdyor
APPROVED AS TO FORM:
Clark T. Askins, City Attorney