§ 2.3. Procedure for approval of final plat.
A.
The final plat shall be in accordance with the preliminary plat as approved and incorporate all conditions, changes, directions and additions as approved by the city commission. The final plat shall not be released for filing until detailed engineering and construction plans have been approved by the City of Commerce. The final plat shall not be submitted prior to approval of the preliminary plat (see section 2.2 G for exceptions). At the time the developer files the final plat with the city administrative official, he shall also file a certificate showing that all taxes have been paid on the tract to be subdivided and that no delinquent taxes exist against the property in accordance with section 1.13.
B.
The final plat shall constitute only that portion of the approved preliminary plat which the subdivider proposes to record and then develop, provided, however, that such portion conforms to all the requirements of these regulations. The final plat shall also include construction plans and cost estimates for construction of improvements.
C.
The required number of copies of the proposed final plat and construction plans shall be submitted no later than 21 calendar days before the meeting at which they shall be considered, accompanied by a filing fee as prescribed by the city commission by separate ordinance. The city administrative official shall check the plat to ascertain its compliance with these regulations and report to the applicant. If revisions are necessary, the applicant, developer, or their engineers shall submit additional corrected copies of the properly completed final plat to the administrative official for final action no later than 14 days prior to the planning and zoning commission meeting. Failure to submit corrected copies shall be reason to determine the submittal as incomplete and not schedule the plat on the planning and zoning commission's agenda.
The planning and zoning commission shall recommend approval or denial of the final plat within 30 days of the filing date. The city commission shall take action within 30 days of the planning and zoning commission action. A certificate of approval of the city commission attested by the mayor or mayor pro tem and city secretary, as provided herein, shall be attached to the plat when such final plat has been approved.
The developer and/or applicant shall return copies of the final plat, as approved, with any other required documents and necessary fees attached thereto to the city administrative official within 30 days in accordance with requirements established by the city. All easements shall be included as required by utility companies or the City of Commerce prior to filing and a copy of letters from each applicable utility company shall be submitted to the city manager stating that the plat contains the proper easements. Mylars, reductions and blueline copies as may be required by the Hunt County Clerk, in addition to mylar copies required by the city, shall be returned to the city secretary with the required fees. If the required copies are not returned to the city within the specified time, the city approval of the final plat shall be null and void unless an extension is granted by the city commission. The city secretary shall file the final plat within 30 working days at the Hunt County Clerk's office.
D.
The final plat (and any replats) shall be prepared by a registered public surveyor or state licensed land surveyor. Construction plans shall be prepared by or under the supervision of a professional engineer registered in the State of Texas as required by state law governing such professions in accordance with this appendix. Plans submitted for review by the city shall be dated and bear the responsible engineer's name, registration number, and the designation of "professional engineer," or "P.E." and an appropriate stamp or statement near the engineer's identification, stating that the documents are for preliminary review and are not intended for construction. Construction plans acceptable to the city shall bear the seal and signature of the engineer and the date signed on all sheets of the plans.
E.
Before approval of any final plat by the city commission and planning and zoning commission, the developer shall prepare, or have prepared, and submit the required copies of the complete engineering construction plans of streets, alleys, storm sewers and drainage structures, and water and sanitary sewer improvements for the area covered by the final plat. A drainage plan for each lot shall be submitted with the construction plan. The drainage plan shall be made available to each builder within the proposed subdivision and all builders shall comply with the drainage plan. The developer shall have these plans prepared by their own professional engineers subject to approval of the plans by the City of Commerce. The city engineer shall review or cause to be reviewed, the plans and specifications and if approved, shall mark them approved and return one set to the developer. If not approved, two sets shall be marked with the objections noted and returned to the applicant or developer for correction. The subdivider shall provide additional sets of corrected engineering plans as specified by the city engineer for use during construction.
After approval of the plat, plans, and specifications by the City of Commerce, the developer shall cause a contractor to install the facilities in accordance with the approved plans and standard specifications of the city and at the developer's expense (also see section 6). The developer shall employ engineers, surveyors, and other professionals as necessary to design, stake and supervise the construction of such improvements and shall cause his contractor to construct the said improvements in accordance with these regulations. The city shall inspect the installation of the improvements.
When all of the improvements are found to be installed in accordance with the approved plans and specifications, and after the improvements have been completed, and upon receipt by the City of Commerce of a maintenance bond or certificate of deposit in accordance with section 6 of this appendix from each contractor, three sets of "AS BUILT" (or "Record Drawing") plans and one set of "AS BUILT" sepias shall be submitted with a letter stating the contractor's compliance with these regulations. After such letter is received, the city manager shall receive and accept for the City of Commerce the title, use, and maintenance of the improvements according to section 6.7.
F.
The engineering construction plans shall be valid for a period of one year after approval by the city's engineer. The city's engineer may grant a one year extension after which they are subject to reapproval by the city if no construction has occurred.
G.
Timing of public improvements.
1.
The planning and zoning commission and city commission may require that all public improvements be installed, offered for dedication and accepted by the city prior to the filing of the final plat by the city secretary. Also see section 6.
The city commission may permit or require the deferral of the construction of public improvements if in its judgment, deferring the construction would not result in any harm to the public, or offer significant advantage in coordinating the site's development with adjacent properties and off-site public improvements. Any required public improvement(s) approved for deferred construction must be provided for as required in section 6.2(D) prior to the approval of the final plat.
2.
If the planning and zoning commission and city commission does not require that all public improvements be installed, offered for dedication and accepted by the city prior to signing of the final plat, it shall require that the applicant execute an agreement and provide security for the agreement as provided in section 6.3.
H.
(1)
Amending plats and minor plats involving four or fewer lots fronting on an existing street and not requiring the creation of any new street or the extension of municipal facilities.
(2)
The city manager or his designee may, for any reason, elect to present the plat for approval to the municipal authority responsible for approving plats.
(3)
The city manager or his designee shall not disapprove the plat and shall be required to refer any plat which he or his designee refuses to approve to the municipal authority responsible for approving plats within the time period specified in section 2.3, subsection C.
(Ord. No. 99-3, 3-2-99)