19-57 - OTOWN OF PROSPER, TEXAS
ORDINANCE NO. 19-57
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF PROSPER,
TEXAS, AMENDING SUBSECTION 3.03, "30-DAY TIME FRAME FOR PLAT
APPROVALS," OF SECTION 3, "APPLICATION SUBMITTAL AND
PROCESSING PROCEDURES"; SUBPART (F), "ACTION BY THE
PLANNING & ZONING COMMISSION," OF SUBSECTION 4.04,
"PRELIMINARY PLAT," OF SECTION 4, "PLATTING REQUIREMENTS";
SUBPART (H), "ACTION BY THE PLANNING & ZONING COMMISSION,"
OF SUBSECTION 4.05, "FINAL PLAT," OF SECTION 4, "PLATTING
REQUIREMENTS"; AMENDING SUBPART (G)(2) OF SUBSECTION 4.06,
"MINOR PLAT," OF SECTION 4, "PLATTING REQUIREMENTS";
AMENDING SUBPARTS (B) AND (C), "APPLICABILITY" AND "PUBLIC
HEARING AND NOTICE REQUIREMENTS," RESPECTIVELY, OF
SUBSECTION 4.07, "REPLAT," OF SECTION 4, "PLATTING
REQUIREMENTS"; AMENDING SUBPART (G)(2) OF SUBSECTION 4.08,
"AMENDING PLAT," OF SECTION 4, "PLATTING REQUIREMENTS";
AND SUBSECTION 8.02, "WORDS AND TERMS DEFINED," OF SECTION
8, "DEFINITIONS," BY ADDING A DEFINITION OF "ADMINISTRATIVELY
COMPLETE" AND AMENDING THE DEFINITION OF "OFFICIAL
SUBMISSION DATE," ALL CONTAINED IN THE TOWN'S SUBDIVISION
ORDINANCE, AN EXHIBIT TO ARTICLE 10.03, "SUBDIVISION
ORDINANCE," OF CHAPTER 10, "SUBDIVISION REGULATIONS," OF THE
CODE OF ORDINANCES OF THE TOWN OF PROSPER, TEXAS;
PROVIDING FOR SEVERABILITY, SAVINGS AND REPEALING CLAUSES;
PROVIDING FOR PENALTIES; PROVIDING AN EFFECTIVE DATE; AND
PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF.
WHEREAS, the Town of Prosper, Texas ("Town"), is a home -rule municipality under the
laws of the State of Texas and is duly incorporated; and
WHEREAS, the Town possesses the full power of self-government, as authorized by the
Texas Constitution and the Town's duly adopted Charter; and
WHEREAS, the 86th Legislature recently passed House Bill No. 3167, which Bill was
signed by the Governor, providing for amendments to Chapter 212, "Municipal Regulation of
Subdivisions and Property Development," of the Texas Local Government Code; and
WHEREAS, the following amendments to the Town's Subdivision Ordinance are in full
compliance with the requirements of House Bill No. 3167, and the Town Council of the Town has
determined that the adoption of these new provisions is in the best interests of the citizens of the
Town and will promote the public health, safety and general welfare; and
WHEREAS, the Town Council, on behalf of Prosper and its citizens, further has
determined that the following amendments will promote the orderly, safe and efficient growth of
the Town and the Town's extraterritorial jurisdiction.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS, THAT:
Ordinance No. 19-57, Page 1
SECTION 1
All of the above findings are hereby found to be true and correct and are hereby
incorporated into the body of this Ordinance as if fully set forth herein.
SECTION 2
From and after the effective date of this Ordinance, Subsection 3.03, "30-Day Time
Frame for Plat Approvals," of Section 3, "Application Submittal and Processing Procedures,"
of the Town's Subdivision Ordinance, an exhibit to Article 10.03, "Subdivision Ordinance," of
Chapter 10, "Subdivision Regulation," of the Code of Ordinances of the Town of Prosper,
Texas, is hereby amended to read as follows:
"3.03 30-Day Time Frame for Plat Approvals
A. Right to 30-Dav Action for Plat Applications Begins on the Official Submission
Date
The statutory 30-day time frame for Plat approvals, established by Chapter 212
of the Texas Local Government Code, shall commence on the Official
Submission Date.
B. Extension of Right to 30-Day Action
Pursuant to Section 212.009(b-2) of the Texas Local Government Code, as
amended, upon application in writing by the applicant, the Commission or Town
Council may approve one (1) Extension of Right to 30-Day Action, such
Extension not to exceed 30 additional days."
SECTION 3
From and after the effective date of this Ordinance, Subpart (F), "Action by the
Planning & Zoning Commission," of Subsection 4.04, "Preliminary Plat," of Section 4, "Platting
Requirements," of the Town's Subdivision Ordinance, an exhibit to Article 10.03, "Subdivision
Ordinance," of Chapter 10, "Subdivision Regulation," of the Code of Ordinances of the Town
of Prosper, Texas, is hereby amended to read as follows:
F. Action by the Planning and Zoning Commission
The Commission shall:
Review the Preliminary Plat Application, the findings of the Director of
Development Services, and any other information available. From all such
information, the Commission shall determine whether the Preliminary Plat
conforms to these Subdivision Regulations.
2. Act within thirty (30) calendar days following the Official Submission Date, unless
the Applicant has submitted a Waiver of Right to 30-Day Action, as outlined in
3.03.E and Section 212.009(b-2) of the Texas Local Government Code, as
amended. If a timely decision is not rendered by the Commission, the Preliminary
Plat, as submitted, shall be deemed approved by the Commission.
3. Take one of the following actions:
Ordinance No. 19-57, Page 2
a. Approve the Preliminary Plat;
b. Approve the Preliminary Plat with conditions; or
Disapprove the Preliminary Plat.
4. In the event the Commission conditionally approves or disapproves a preliminary
plat, the Commission shall provide the applicant a written statement of the
conditions for the conditional approval or reasons for disapproval, in accordance
with Section 212.0091 of the Texas Local Government Code, as amended. After
the conditional approval or disapproval of a preliminary plat, the applicant may
submit to the Commission a written response that satisfies each condition for the
conditional approval or remedies each reason provided for the disapproval, in
accordance with Section 212.0093 of the Texas Local Government Code, as
amended. In the event the Commission receives such a response from the
applicant, the Commission shall determine whether to approve or disapprove the
applicant's previously conditionally approved or disapproved plat not later than
the 15th day after the date the response was submitted, in accordance with
Section 212.0095 of the Texas Local Government Code, as amended."
SECTION 4
From and after the effective date of this Ordinance, Subpart (H), "Action by the
Planning & Zoning Commission," of Subsection 4.05, "Final Plat," of Section 4, "Platting
Requirements," of the Town's Subdivision Ordinance, an exhibit to Article 10.03, "Subdivision
Ordinance," of Chapter 10, "Subdivision Regulation," of the Code of Ordinances of the Town
of Prosper, Texas, is hereby amended to read as follows:
H. Action by the Planning and Zoning Commission
The Commission shall:
Review the Final Plat Application, the findings of the Director of Development
Services, and any other information available. From all such information, the
Commission shall determine whether the Final Plat conforms to these Subdivision
Regulations.
2. Act within thirty (30) calendar days following the Official Submission Date, unless
the Applicant has submitted a Waiver of Right to 30-Day Action, as outlined in
3.03.E and Section 212.009(b-2) of the Texas Local Government Code, as
amended. If a timely decision is not rendered by the Commission, the Final Plat,
as submitted, shall be deemed approved by the Commission.
3. Take one of the following actions:
a. Approve the Final Plat;
b. Approve the Final Plat with conditions; or
C. Disapprove the Final Plat.
Ordinance No. 19-57, Page 3
4. In the event the Commission conditionally approves or disapproves a final plat,
the Commission shall provide the applicant a written statement of the conditions
for the conditional approval or reasons for disapproval, in accordance with Section
212.0091 of the Texas Local Government Code, as amended. After the
conditional approval or disapproval of a final plat, the applicant may submit to the
Commission a written response that satisfies each condition for the conditional
approval or remedies each reason provided for the disapproval, in accordance
with Section 212.0093 of the Texas Local Government Code, as amended. In the
event the Commission receives such a response from the applicant, the
Commission shall determine whether to approve or disapprove the applicant's
previously conditionally approved or disapproved plat not later than the 15th day
after the date the response was submitted, in accordance with Section 212.0095
of the Texas Local Government Code, as amended."
SECTION 5
From and after the effective date of this Ordinance, Subpart (G)(2) of Subsection 4.06,
"Minor Plat," of Section 4, "Platting Requirements," of the Town's Subdivision Ordinance, an
exhibit to Article 10.03, "Subdivision Ordinance," of Chapter 10, "Subdivision Regulation," of
the Code of Ordinances of the Town of Prosper, Texas, is hereby amended to read as follows:
"G. Action by Director of Development Services
Authority to approve a Minor Plat is delegated to the Director of Development Services.
The Director of Development Services shall:
2. Act within thirty (30) calendar days following the date of the Town's initial
submission of comments to the Applicant, unless the Applicant submits a Waiver
of right to 30-Day Action as outlined in 3.03.6.
SECTION 6
From and after the effective date of this Ordinance, Subparts (B) and (C), "Applicability"
and "Public Hearing and Notice Requirements," respectively, of Subsection 4.07, "Replat," of
Section 4, "Platting Requirements," of the Town's Subdivision Ordinance, an exhibit to Article
10.03, "Subdivision Ordinance," of Chapter 10, "Subdivision Regulation," of the Code of
Ordinances of the Town of Prosper, Texas, are hereby amended to read as follows:
B. Applicability
1. A Replat of all or a portion of a recorded Plat may be approved in accordance
with State law without vacation of the recorded Plat, if the Replat:
a. Is signed and acknowledged by only the owners of the property being
replatted;
b. Is approved by the Commission; and
Ordinance No. 19-57, Page 4
C. Does not propose to amend or remove any covenants or restrictions
previously incorporated in the recorded Plat.
C. Public Hearing and Notice Requirements
Notice of a public hearing is only required for a residential Replat and shall be given in
accordance with Section 3.05 Public Hearings for Replat Applications and TLGC
212.015. See specific notice and hearing requirements for Certain Replats in Section
4.07.D.2 Notice and Public Hearing Requirements for Residential Replats."
SECTION 7
From and after the effective date of this Ordinance, Subpart (G)(2) of Subsection 4.08,
"Amending Plat," of Section 4, "Platting Requirements," of the Town's Subdivision Ordinance,
an exhibit to Article 10.03, "Subdivision Ordinance," of Chapter 10, "Subdivision Regulation,"
of the Code of Ordinances of the Town of Prosper, Texas, is hereby amended to read as
follows:
"G. Action by Director of Development Services
Authority to approve an Amending Plat is delegated to the Director of Development
Services. The Director of Development Services shall:
2. Act within thirty (30) calendar days following the date of the Town's initial
submission of comments to the Applicant, unless the Applicant submits a Waiver
of right to 30-Day Action as outlined in 3.03.B.
***„
SECTION 8
From and after the effective date of this Ordinance, a definition of "Administratively
Complete" shall be added to Subsection 8.02, "Words and Terms Defined," of Section 8,
"Definitions," of the Town's Subdivision Ordinance, an exhibit to Article 10.03, "Subdivision
Ordinance," of Chapter 10, "Subdivision Regulation," of the Code of Ordinances of the Town
of Prosper, Texas, and the definition of "Official Submission Date," found in Subsection 8.02,
"Words and Terms Defined," of Section 8, "Definitions," of the Town's Subdivision Ordinance,
an exhibit to Article 10.03, "Subdivision Ordinance," of Chapter 10, "Subdivision Regulation,"
of the Code of Ordinances of the Town of Prosper, Texas, is hereby amended to read as
follows:
Administratively Complete
An application for a preliminary plat, replat or final plat shall be considered administratively
complete upon the occurrence of all of the following: (1) the Town staff and the Town Engineer
have determined that the application for a preliminary plat, replat and/or final plat meets all
requirements of applicable Town ordinances so that it may be reviewed by the Planning and
Zoning Commission or Town Council; (2) the preliminary plat, replat and/or final plat has been
placed on a duly posted agenda for the Planning and Zoning Commission or Town Council;
Ordinance No. 19-57, Page 5
1
and (3) the Planning and Zoning Commission or Town Council has taken action on the
preliminary plat, replat and/or final plat.
Official Submission Date
The Official Submission Date means the date a preliminary plat, replat or final plat is
considered by the Town to be administratively complete and is heard by either the Planning
and Zoning Commission or Town Council.
SECTION 9
The Director of Development Services for the Town is hereby authorized to make all
appropriate changes to the Town's Development Manual and other reference resources, in
accordance with this Ordinance.
SECTION 10
Should any section, subsection, sentence, clause or phrase of this Ordinance be declared
unconstitutional or invalid by a court of competent jurisdiction, it is expressly provided that any
and all remaining portions of this Ordinance shall remain in full force and effect. The Town
Council hereby declares that it would have passed this Ordinance, and each section, subsection,
clause or phrase thereof irrespective of the fact that any one or more sections, subsections,
sentences, clauses and phrases be declared unconstitutional or invalid.
SECTION 11
All provisions of any ordinance in conflict with this Ordinance are hereby repealed to the
extent they are in conflict; but such repeal shall not abate any pending prosecution for violation
of the repealed ordinance, nor shall the repeal prevent a prosecution from being commenced
for any violation if occurring prior to the repeal of the ordinance. Any remaining portions of said
ordinances shall remain in full force and effect.
SECTION 12
Any person, firm, corporation or business entity violating this Ordinance shall be deemed
guilty of a misdemeanor, and upon conviction thereof shall be subject to a fine not to exceed the
sum of Five Hundred Dollars ($500.00), and each and every day such violation shall continue
shall constitute a separate offense.
Ordinance No. 19-57, Page 6
SECTION 13
This Ordinance shall become effective from and after its passage and publication.
DULY PAS,S$IzDS APPROVED, AND ADOPTED BY THE TOWN COUNCIL OF THE
TOWN OF PRQBPWTIR),q►8,'O,N THIS 27TH DAY OF AUGUST, 2019.
Ray Smit , Mayor
ATTEST: 191�
;e
Robyn Battle, Town Secretary
APPROVED AS TO FORM AND LEGALITY:
Terrence S. Welch, Town Attorney
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Ordinance No. 19-57, Page 7