Res 2014-135/Interlocal with Caldwell County for Subdivision Regulations

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3.0 SUBDIVISION PLATTING PROCEDURES 3.1 GENERAL The owner of a tract of land that divides the tract in any manner other than those outlined as exempt in Section 3.3 below must have a plat of the subdivision prepared. The subdivision of a tract under this Section includes a subdivision of real property by any method of conveyance, including, but not limited to, a contract for deed, oral contract, contract of sale, fractional ownership division, or other type of executory contract, regardless of whether the subdivision is based on a metes and bounds description of lot boundaries. The Commissioners Court will not approve a Final Plat for subdivision of land unless it complies with all applicable requirements of the provisions of this Development Ordinance and other applicable rules and regulations. Nonconforming subdivisions shall comply with the requirements of the regulations in effect at the time of their approval or filing with the County Clerk. 3.2 PRE - APPLICATION CONFERENCE A pre - application conference is mandatory for all subdivisions. The owner or agent shall contact the Precinct Commissioner(s) in whose Precinct(s) the proposed subdivision will occur. The Commissioner will schedule a pre - application conference with the applicant and appropriate County staff and reviewers. The owner or agent shall provide a sketch of the proposed subdivision showing general roadway patterns and lot configurations, drainageways, and existing utilities. The County Commissioner and staff will meet with the owner or agent and will review the layout for compliance with general subdivision requirements including compliance with the County's transportation plans and other planning initiatives. The pre - application conference is for informational purposes only and shall not be construed in any way as a formal approval or commitment by the County. 3.3 EXCEPTIONS TO PLATTING REQUIREMENTS Pursuant to Sections 232.010, 232.101, and 232.107 of the Texas Local Government Code, the Commissioners Court may allow conveyance of portions of one or more parcels by metes and bounds description without revising any associated plat, provided said conveyance does not violate, amend, remove, or attempt to violate, amend or remove, any covenants or restrictions. 3.3.1 REQUIREMENTS FOR EXEMPTED SUBDIVISIONS A) The County will not require a plat for: 1) family land grants wherein the property is divided into four or fewer lots and is to be sold, given, or otherwise transferred to an individual who is related to the owner within the third degree by consanguinity or affinity, as determined under Chapter 573, Texas Local Government Code. This exemption requires the following: a) all proposed parcels must have frontage on an existing road. b) development on the property must comply with minimum required setbacks from water wells and septic systems, if applicable. c) a signed affidavit in a form acceptable to the County must be provided attesting to the familial 10