b. The following rules and regulations are hereby adopted as the Subdivision Ordinance of the Village of Salado, Texas, also referred to herein as "this Ordinance". The Board of Aldermen hereby extends the application of this Ordinance to the extraterritorial jurisdiction of the Village of Salado, as that area may exist from time to time in accordance with Chapter 42 of the Texas Local Government Code. This Ordinance shall be applicable to the filing of plats and the subdivision of land, as that term is defined herein and in Chapter 212 of the Texas Local Government Code, within the corporate limits of the Village of Salado and its extraterritorial jurisdiction as they may be from time to time adjusted by annexation or disannexation. The Village shall have all remedies and rights provided by said Chapter 212 with regard to the control and approval of subdivisions and plats both within the Village and within its extraterritorial jurisdiction.

b. Guide and assist property owners and applicants in the correct procedures to be followed, and to inform them of the standards which shall be required;

c. Protect the public interest by imposing standards for the location, design, class and type of streets, walkways (sidewalks), alleys, utilities and essential public services;

d. Assist orderly, efficient and coordinated development within the Village's limits and its extraterritorial jurisdiction;

e. Provide neighborhood conservation and prevent the development of slums and blight;

f. Integrate the development of various tracts of land into the existing community, and coordinate the future development of adjoining tracts;

g. Provide that the cost of improvements to minimum standards which primarily benefit the tract of land being developed be borne by the owners or developers of the tract, and that the cost of improvements to minimum standards which primarily benefit the whole community be borne by the whole community as contained in this Ordinance;

h. Ensure the most efficient and beneficial provision of public facilities and services for each tract being subdivided;

i. Provide for compatible relationships between land uses and buildings; provide for the circulation of traffic throughout the municipality, having particular regard to the avoidance of congestion in the streets and highways; provide for pedestrian circulation that is appropriate for the various uses of land and buildings; and provide the proper location and width of streets;

j. Prevent pollution of the air, streams and bodies of water; assure the adequacy of drainage facilities; safeguard both surface and groundwater supplies, as well as natural resources and endangered or threatened plant and animal life; and encourage the wise use and management of natural resources throughout the municipality in order to preserve the integrity, stability and beauty of the community and the value of the land;

k. Preserve the natural beauty and topography of the municipality, and ensure development that is appropriate with regard to these natural features;

l. Establish adequate and accurate records of land subdivision;

m. Ensure that public or private facilities are available and will have sufficient capacity to serve proposed and future developments and citizens within the Village and its extraterritorial jurisdiction;

n. Protect and provide for the public health, safety and general welfare of the community;

o. Provide for adequate light, air and privacy; secure safety from fire, flood and other danger; and prevent overcrowding of the land and undue congestion of population;

p. Protect the character and the social and economic stability of all parts of the community, and encourage the orderly and beneficial development of all parts of the community;

q. Protect and conserve the value of land throughout the community and the value of buildings and improvements upon the land, and minimize conflicts among the uses of land and buildings;

r. Guide public and private policy and action in providing adequate and efficient transportation systems, public utilities, and other public amenities and facilities; and

s. Encourage the development of a stable, prospering economic environment.

b. Compliance with all Village ordinances pertaining to the subdivision of land, and the Comprehensive Plan, shall be required prior to approval of any development application governed by this Ordinance. It is the property owner's responsibility to be familiar with, and to comply with, Village ordinances. Applicable ordinances and requirements include, but are not limited to, the following:

b. All subdivisions of land whether by metes and bounds division or by plat, which were outside the jurisdiction of the Village's subdivision regulations in Bell County, Texas and which subsequently came within the jurisdiction of the Village's subdivision regulations through:

c. The combining of two or more contiguous tracts, lots, sites or parcels for the purpose of creating one or more legal lots in order to achieve a more developable site, except as otherwise provided herein; or

d. When a building permit is required for the following uses:

e. For tracts where any public improvements are proposed; or

f. Whenever a property owner proposes to divide land lying within the Village or its extraterritorial jurisdiction into two or more tracts, and claims exemption from Subchapter A of Chapter 212 of the Texas Local Government Code for purposes of development, that results in parcels or lots all greater than five (5) acres in size; or in the event that development of any such tract is intended, and where no public improvement is proposed to be dedicated, he shall first obtain approval of a development plat that meets the requirements of Texas Local Government Code Chapter 212, Subchapter B, Regulation of Property Development, Sections 212.041 through 212.050, as may be amended. (See Section 2.7 of this Ordinance for requirements for development plats.)

b. Development of land constituting a single tract, lot, site or parcel for which a legal deed of record describing the boundary of said tract, lot, site or parcel was filed of record in the Deed Records of Bell County, Texas on or before ________________; or

c. Sale, inheritance, or gift of land by metes and bounds of tracts upon which no improvements, development, subdivision or alteration is occurring; or

d. Existing cemeteries complying with all State and local laws and regulations; or

e. Divisions of land created by order of a court of competent jurisdiction; or

f. When a building permit is requested for unplatted or already platted parcels for one or more of the following activities:

b. Conflict With Other Laws. These regulations are not intended to interfere with, abrogate, or annul any other ordinance, rule or regulation, statute or other provision of law except as provided in this Ordinance. To the extent that this Ordinance promulgates standards or imposes restrictions or duties which differ from those imposed by other Village ordinances, rules or regulations, the regulations contained within this Ordinance shall supersede such other provisions to the extent of any conflict or inconsistency.

c. Severability. If any part or provision of this Ordinance, or the application of this Ordinance to any person or circumstance, is adjudged invalid by any court of competent jurisdiction, the judgment shall be confined in its operation to the part, provision, or application directly involved in the controversy in which the judgment shall be rendered, and it shall not affect or impair the validity of the remainder of these regulations or the application of them to other persons or circumstances. The Board of Aldermen hereby declares that it would have enacted the remainder of these regulations even without any such part, provision, or application which is judged to be invalid.

b. Criteria for Waivers/Suspensions From Development Exactions. Where the Board of Aldermen finds that the imposition of any development exaction pursuant to these regulations exceeds reasonable benefit to the property owner, or is so excessive as to constitute confiscation of the tract to be platted, it may approve a full or partial, at its discretion, waiver/suspension to such requirements, so as to prevent such excess.

c. Conditions. In approving a waiver/suspension, the Board of Aldermen may require such conditions as will, in its judgment, secure substantially the purposes described in Section 1.2.

d. Procedures:

e. Criteria for Waivers/Suspensions for Street Exactions. Where the Board of Aldermen finds that the imposition of any dedication or construction requirement for streets pursuant to these regulations exceeds reasonable benefit to the property to be platted, it may approve waivers/suspensions for such requirements so as to prevent such excess. In order to qualify for a waiver/suspension under this Section, the property owner shall demonstrate that the costs of right-of-way dedication and construction of non-local streets imposed pursuant to these regulations substantially exceeds the incremental costs of providing land and transportation improvements necessary to offset the additional traffic impacts generated by, or attributable to, the development upon the transportation network serving the property, including that which may be generated by or attributed to other phases to be platted in the future.

b. Administrative Officers. Any officer of the Village referred to in this Ordinance by title, including but not limited to the Mayor/Village Administrator, Village Secretary, Fire Chief, Police Chief, Director of Public Works and Chief Building Official shall be the person so retained in that position by the Village, or his or her duly authorized representative. This definition shall also include civil engineering, planning, legal, financial, traffic engineering and other consultants retained by the Village to supplement or support existing Village staff, as deemed appropriate by the Village.

c. Alley. A minor public right-of-way not intended to provide the primary means of access to abutting lots, which is used primarily for vehicular service access to the back or sides of properties that derive primary access from a street. The length of an alley segment is to be measured from the right-of-way lines of the streets from which the alley is provided access, including any alley turnouts onto a street, or from the centerpoint of an intersection with another alley which connects to a street.

d. Amended or Amending Plat. A revised plat correcting errors or making minor changes to the original recorded final plat.

e. Amenity. An improvement to be dedicated to the public or to the common ownership of the lot owners of the subdivision and providing an aesthetic, recreational or other benefit, other than those prescribed by this Ordinance.

f. Applicant. A person or entity who submits an application for an approval required by this Ordinance. Also sometimes referred to as "developer", "subdivider", or other similar term.

g. Application. A written request for an approval required by this Ordinance.

h. Approval (by Board of Aldermen). The Board of Aldermen, as the governing body of the Village of Salado, shall be the final authority responsible for approving all plats except for minor plats and amended plats. The only appeal to a decision by the Board of Aldermen shall be the judicial system.

i. Approval (by the Planning & Zoning Commission). As a recommending body to the Board of Aldermen, any reference herein to approval by the Commission shall be construed to mean that the Commission takes action to make a favorable recommendation (either with or without conditions) to the Board of Aldermen. Any appeal to a decision by the Commission shall be made to the Board of Aldermen.

j. Assurance. See Section 6.2.

k. Base Flood. The flood having a one percent (1%) chance of being equaled or exceeded in any given year. This type of flood is also commonly referred to as the 100-year flood.

l. Block Length or Street Length. For a residential subdivision, that distance measured along the centerline of the street from the intersection centerpoint of one through street to the intersecting centerpoint of another street, or to the midpoint of a cul-de-sac. The through street referred to above shall not be a cul-de-sac, a dead-end street, or a looped street, but shall be a street which clearly has two points of ingress from two different directions.

m. Board of Aldermen. The duly elected governing body of the Village of Salado, Texas.

n. Bond. Any form of a surety bond in an amount and form satisfactory to the Village.

o. Building Setback Line. The line within a property defining the minimum horizontal distance between a building or other structure and the adjacent street right-of-way line, property line, a creek, or some other specific feature.

p. Capital Improvements Program (CIP). The official proposed schedule, if any, of all future public projects listed together with cost estimates and the anticipated means of financing each project, as adopted by Board of Aldermen.

q. Commission. The Planning and Zoning Commission of the Village of Salado, Texas.

r. Comprehensive Plan. The phrase "Comprehensive Plan" shall mean the Comprehensive Plan of the Village and adjoining areas as adopted by the Board of Aldermen, including all its revisions and Plan elements (including, but not limited to, the Future Land Use Plan, Transportation Plan, Parks and Open Space Plan, etc.). This Plan indicates the general locations recommended for various land uses, transportation routes, public and private buildings, streets, parks, water and wastewater facilities, and other public and private developments and improvements.

s. Concept Plan. A drawing of the overall conceptual layout of a proposed development, superimposed upon a topographic map which generally shows the anticipated plan of development, and which serves as a working base for noting and incorporating suggestions of the Village's administrative officers, the Commission, the Board of Aldermen, and others who are consulted prior to preparation of the construction plat. A concept plan is also sometimes referred to as a "preliminary site plan" or a "land study".

t. Construction Plat (also "Preliminary Plat"). The graphic expression of the proposed overall plan for subdividing, improving and developing a tract, showing in plan view the proposed street and lot layout, easements, dedications and other pertinent features, with such notations as are sufficient to substantially identify the general scope and detail of the proposed development. The preliminary plat is referred to as the "construction plat" herein, since the engineering plans for public improvements are submitted along with it, and since it contributes toward authorization to proceed with construction of the subdivision and its associated public improvements, subject to any additions, alterations, plan approval and construction release by the Village's Engineer.

u. Contiguous. Lots are contiguous when at least one boundary line or point of one lot touches a boundary line, or lines, or point of another lot.

v. Cul-De-Sac. A street having only one outlet to another street, and terminated on the opposite end by a vehicular turnaround or "bulb". The length of a cul-de-sac is to be measured from the intersection centerpoint of the adjoining through street to the midpoint of the cul-de-sac bulb.

w. Dead-End Street. A street, other than a cul-de-sac, with only one outlet.

x. Easement. The word "easement" shall mean an area for restricted use on private property upon which the Village or a public utility shall have the right to remove and keep removed all or part of any buildings, fences, trees, shrubs and other improvements or growths which in any way endanger or interfere with the construction, maintenance or efficiency of its respective systems within said easements. The Village and public utilities shall, at all times, have the right of ingress and egress to and from and upon easements for the purpose of constructing, reconstructing, inspecting, patrolling, maintaining and adding to or removing all or part of their respective systems without the necessity at any time of procuring the permission of anyone.

y. Engineer. A person duly authorized and licensed under the provisions of the Texas Engineering Registration Act to practice the profession of engineering.

z. Engineering Plans or Drawings. The maps or drawings accompanying a construction plat and showing the specific location and design of public improvements to be installed in the subdivision in accordance with the requirements of the Village as a condition of approval of the plat.

aa. Escrow. A deposit of cash with the Village in accordance with this Ordinance.

bb. FEMA. The Federal Emergency Management Agency of the U.S. government.

cc. Final Plat (also "Record Plat", "Final Plat" or "As-Built Plat"). The one official and authentic map of any given subdivision of land prepared from actual field measurement and staking of all identifiable points by a surveyor or engineer, with the subdivision location referenced to a survey corner, and with all boundaries, corners and curves of the land division sufficiently described so that they can be reproduced without additional references. The final plat of any lot, tract or parcel of land shall be recorded in the land records of Bell County, Texas. An amended plat is also a final plat.

dd. Governing Body. The Board of Aldermen of the Village of Salado.

ee. Improvement or Developer Agreement. A contract entered into by the applicant and the Village, by which the applicant promises to complete the required public improvements within the subdivision or addition within a specified time period.

ff. Land Study. This is the same as a "Concept Plan".

gg. Land Planner. Persons, including surveyors or engineers, who possess and can demonstrate a valid proficiency in the planning of residential, nonresidential and other related developments, such proficiency often having been acquired by education in the field of landscape architecture or other specialized planning curriculum, or by actual experience and practice in the field of land planning, and who may be certified as a member of the American Institute of Certified Planners (AICP).

hh. Lot (also Lot of Record). A divided or undivided tract or parcel of land having frontage on a public street, and which is, or which may in the future be, offered for sale, conveyance, transfer or improvement; which is designated as a distinct and separate tract; and which is identified by a tract or lot number or symbol in a duly approved subdivision plat which has been properly filed of record at the County.

ii. Major Plat. All plats not classified as minor plats, including but not limited to subdivisions of more than four (4) lots, or any plat that requires the construction of a new street (or portion thereof) or the extension of a municipal facility as required by this or any other Village ordinance.

jj. Major Subdivision. This is the same as a "Major Plat".

kk. Mayor or Village Administrator. The person holding the position of Mayor, as duly elected by the citizens of Salado, or the person holding the position of the Village's chief executive officer (e.g., Village Administrator), as appointed by the Board of Aldermen, as the term is applicable to the Village's form of management (per the Texas Local Government Code).

ll. Minor Plat. A subdivision resulting in four (4) or fewer lots, provided that the plat is for conveyance purposes only with no development or construction proposed, and provided that the plat does not create any new easements for public facilities nor the extension of any municipal facilities to serve any lot within the subdivision. Any property to be subdivided using a minor plat shall already be served by all required Village utilities and services.

mm. Minor Subdivision. This is the same as a "Minor Plat".

nn. On-Site Facilities or Improvements. These are the existing or proposed facilities or improvements constructed within the property boundaries of the plat, and the existing or proposed facilities required to be constructed or improved immediately adjacent to the property that are needed to serve the development. Facilities and improvements include, but are not limited to, streets, alleys, water lines, sewer lines, storm drainage facilities, sidewalks, screening devices, and curbs and gutters.

oo. Off-Site Facilities or Improvements. "Off-site" facilities shall mean those facilities or improvements that are required to serve the site but that are not located within the boundaries of the plat, and are not required to be constructed or improved immediately adjacent to the property to serve the development. These include oversizing for streets, sewer lines, water lines and storm drainage facilities, as well as the excess capacity of facilities such as water storage tanks and wastewater treatment plants available for new development.

pp. Overlength Street (or Alley). A street segment, or a cul-de-sac or alley segment, which exceeds the maximum length allowed by this Ordinance, as measured along the centerline of the street from the intersection centerpoint of one through street, which shall not be a cul-de-sac or dead-end or looped street, to the intersecting centerpoint of another through street or, in the case of a cul-de-sac, to the midpoint of the cul-de-sac. For an alley segment, the measurement shall be to the right-of-way lines of the streets from which the alley is provided access, including any alley turnouts, or from the centerpoint of an intersection with another alley which connects to a street.

qq. Pavement Width. The portion of a street that is available for vehicular traffic. Where curbs are used, it is the portion from the back of one curb to the back of the opposite curb.

rr. Perimeter Street. Any existing or planned street which abuts the subdivision or addition to be platted.

ss. Person. Any individual, association, firm, corporation, governmental agency, political subdivision, or legal entity of any kind.

tt. Planning and Zoning Commission. The Planning and Zoning Commission of the Village of Salado, Texas.

uu. Plat. This means a construction plat, final plat, development plat, amended plat or replat, as determined by the context.

vv. Preliminary Plat. This is the same as a "Construction Plat". (See "Construction Plat".)

ww. Private Street. A private vehicular access way, including an alley, that is shared by and that serves two or more lots, which is not dedicated to the public, and which is not publicly maintained.

xx. Property Owner (also known as "Applicant" or "Subdivider" or "Developer"). Any person or firm, association, syndicate, general or limited partnership, corporation, trust or other legal entity, or any agent thereof, that has sufficient proprietary interest in the land sought to be subdivided to commence and maintain proceedings to subdivide the same under this Ordinance. In any event, the term "property owner" shall be restricted to include only the owner(s) or authorized agent(s) of such owner(s), such as a developer, of land sought to be subdivided.

yy. Public Improvements. Facilities, infrastructure and other appurtenances, typically owned and maintained by the Village, which serve a public purpose in providing a needed service or commodity, such as wastewater collection and treatment and water storage and distribution, and which protect the general health, safety, welfare and convenience of the Village's citizens, including efficiency in traffic circulation and access for emergency services. Required public improvements may include, but shall not be limited to, street and alley paving, including any necessary median openings and left turn lanes on major thoroughfares; water lines and pumping stations; sanitary sewer lines and lift stations; storm drainage structures and storm water management devices; water quality and erosion controls; screening and retaining walls; fire lane paving and fire hydrants; landscaping, where such is used for required screening or other required landscaped area, and associated irrigation system; and any required public sidewalks, street lights and street name signs. The term "public improvements" shall not include facilities or infrastructure of private providers of utility services other than water and wastewater, but shall be deemed to include facilities and infrastructure that the Village would normally require of a development but which will be owned and maintained by an entity such as a homeowners association, as in the case of private streets.

zz. Replatting or Replat. This is the re-subdivision of any part or all of a block or blocks of a previously platted subdivision, addition, lot or tract.

aaa. Review. Shall be construed to mean "to read, analyze, assess and act upon" a development application.

bbb. Right-of-Way. A parcel of land occupied, or intended to be occupied, by a street or alley. Where appropriate, "right-of-way" may include other facilities and utilities such as sidewalks; railroad crossings; electrical, communication, oil and gas facilities, water and sanitary and storm sewer facilities; and any other special use. The use of right-of-way shall also include parkways and medians outside of the paved portion of the street. The usage of the term "right-of-way" for land platting purposes shall mean that every right-of-way hereafter established and shown on a final plat is to be separate and distinct from the lots or parcels adjoining such right-of-way, and shall not be included within the dimensions or areas of such lots or parcels.

ccc. Standard Street. A standard street is a street or road that meets or exceeds the minimum specifications in the Village's standard street specifications, and which is constructed to the ultimate configuration for the type of roadway it is designated for on the Village's Transportation Plan.

ddd. Street. A right-of-way, whether public or private and however designated, which provides vehicular access to adjacent land. Streets may be of the following categories:

eee. Street Improvements. This means any street or thoroughfare, together with all appurtenances required by Village regulations to be provided with such street or thoroughfare, and including but not limited to curbs and gutters, walkways (sidewalks), drainage facilities to be situated in the right-of-way for such street or thoroughfare, traffic control devices, street lights and street signs, for which facilities the Village will ultimately assume the responsibility for maintenance and operation.

fff. Street Length. This means the same as "Block Length".

ggg. Street Right-of-Way. The width of the right-of-way for any roadway is the shortest perpendicular distance between the lines which delineate the rights-of-way of the street.

hhh. Subdivision (also known as "Addition"). A division or re-division of any tract of land situated within the Village's corporate limits or its extraterritorial jurisdiction into two or more parts, lots or sites, for the purpose, whether immediate or future, of sale, division of ownership, or building development. "subdivision" includes re-subdivisions of land or lots which are part of a previously recorded subdivision.

iii. Submission Date. The submission date is when all necessary forms, fees, plans, information and copies have been submitted to the Village, previewed for completeness, and deemed as "complete" by action of issuance of a fee receipt by the Village.

jjj. Substandard Street. An existing street or road that does not meet the minimum specifications in the Village's standard street specifications, and which is not constructed to the ultimate configuration for the type of roadway it is designated for on the Village's Transportation Plan.

kkk. Surety (or "Security"). See Section 6.2.

lll. Surveyor. A licensed land surveyor or a registered public land surveyor, as authorized by State statutes to practice the profession of surveying.

mmm. SWPPP. A Storm Water Pollution Prevention Plan (contained within the engineering construction plans).

nnn. TCSS. The Village of Salado's Technical Construction Standards and Specifications for the construction of subdivision improvements, a copy of which is maintained and available for inspection at the Village Municipal Building, and which is incorporated herein by reference.

ooo. TNRCC. The Texas Natural Resource Conservation Commission (Note: Beginning September 1, 2002, the TNRCC will formally change its name to the Texas Commission on Environmental Quality, or TCEQ. Where applicable, it is shown herein as "TNRCC/TCEQ".)

ppp. Temporary Improvements. Improvements built and maintained by the property owner that are needed to remedy a circumstance that is temporary in nature, such as a temporary drainage easement or erosion control device, that will be removed upon completion of the subdivision or shortly thereafter.

qqq. U.S. Army Corps of Engineers. The civil engineering branch of the U.S. Government.

rrr. Village. The Village of Salado, Texas.

sss. Village Administrator. See "Mayor or Village Administrator".

ttt. Village Attorney. The term "Village Attorney" shall apply only to such attorney, or firm of attorney, that has been specifically employed by the Village to assist in legal matters. This term shall also apply if the Village retains a person to perform the functions of Village Attorney as an official Village employee.

uuu. Village's Engineer. The term "Village's Engineer" shall apply only to such licensed professional engineer, or firm of licensed professional consulting engineers, that has been specifically employed by the Village to assist in engineering-related matters. This term shall also apply if the Village retains a person to perform the functions of Village's Engineer as an official Village employee.

vvv. Village Planner. The term "Village Planner" shall apply only to such practicing, professional land planner, or firm of professional land planners, that has been specifically employed by the Village to assist in planning- and zoning-related matters. This term shall also apply if the Village retains a person to perform the functions of Village Planner as an official Village employee.

www. Yard. The open area between building setback lines and lot lines.

Noncompliance with the requirements of the zoning district in which the subject property is located, or lack of the proper zoning, shall constitute grounds for denial of the concept plan or plat. In situations where the zoning on a particular piece of property cannot be ascertained by the Village, the burden of proof regarding the property's zoning shall rest with the property owner. Proof of proper zoning shall consist of appropriate documentation, such as a copy of the ordinance establishing the zoning, which shall be reviewed by Village officials as to its validity and authenticity.

Any concept plan or plat submitted for approval by the Village shall be in accordance with the Village's Zoning Ordinance, if the property is located within the Village's corporate limits, and, if the property is located within the Village's corporate limits or extraterritorial jurisdiction, it shall be in accordance with the Village's Comprehensive Plan, including all adopted water, sewer, storm drainage, future land use, park, recreation, open space and transportation plans. All plats shall be prepared by a licensed civil engineer or a registered professional land surveyor.

b. Classification of Subdivisions and Additions. Before any land is filed for record with the County Clerk, the property owner shall apply for and secure Board of Aldermen approval of the required subdivision plat, in accordance with the following procedures, unless otherwise provided within this Ordinance.

c. Submission Requirements For All Types of Plat Applications. In addition to the requirements outlined herein for each type of development application, the Village shall maintain separate policies and procedures for the submission and processing of applications including, but not limited to, application forms, checklists, language blocks for plats, and other similar items. The forms and paperwork are available at the office of the Mayor/Village Administrator, or designee. These policies and procedures may be amended from time to time, and it is the applicant's responsibility to be familiar with, and to comply with, these policies and procedures.

d. Official Submission Date and Completeness of Application For All Types of Plats.

e. Submission Procedures and Village Review Process For All Types of Plats.

f. Simultaneous Submission of Plats. In the event that an applicant submits construction and final plat applications simultaneously, as provided in Section 2.4 (c), the Mayor/Village Administrator (or designee) shall schedule both plat applications for action by the Commission within thirty (30) calendar days following the official submission date, unless the applicant has executed a written waiver of the 30-day review period for one or both plats. If the construction plat has not received a favorable recommendation by the Commission prior to consideration of the final plat by the Commission, then the Commission shall have no choice but to deny the final plat application (unless withdrawn by the applicant) and such denial shall be final unless appealed to the Board of Aldermen (see above). The Board of Aldermen shall take action on either one or both plat applications, as applicable, within thirty (30) calendar days following the Commission's action. Affirmation of, or minor modifications to, the Commission's recommendation to approve the plat(s) shall require a simple majority vote of the Board of Aldermen members present and voting.

g. Proof of Land Ownership. The Village requires proof of land ownership prior to approval of any development application involving real property. Along with the application submission, the applicant shall provide written verification, such as a notarized statement or a power of attorney or other evidence satisfactory to the Mayor/Village Administrator (or designee), that he or she is the owner of record of the subject land parcel or parcels, or is the property owner's authorized agent. The Mayor/Village Administrator (or designee) shall have the authority to determine what document(s) the Village will require to prove ownership, such as one of the following:

h. Lapse of Plat Approval. The approval of any type of plat shall be effective for a period of three hundred and sixty-five (365) calendar days beyond the date that the plat was approved by the Board of Aldermen, except as otherwise provided herein. By 12:01 a.m. on the 366th day following Board of Aldermen approval of the plat, the applicant must have completed a Village-required "progress benchmark" as set forth below. If this is not accomplished, then the approved plat shall be deemed to have expired and shall become null and void and a new plat application (along with all other required paperwork, plans, fees, etc.) must be submitted, reviewed and approved by the Village in order to proceed with development of the property. The series of "progress benchmarks" for a project, pursuant to the provisions of this Section, are as follows:

Approved Plat or Plan è Next "Progress Benchmark"

Concept Plan è Submission of the construction plat, as required by this Ordinance, and final site plan, if required by the Zoning Ordinance, and continued active engineering review of the engineering plans (submitted along with the construction plat and final site plan, if applicable).

Construction Plat è All of the following shall occur within the one hundred and eighty-three (183) calendar days following construction plat approval: 1) Village Engineer's approval of engineering plans for all proposed public improvements; and 2) payment of all applicable site development related fees that are traditionally collected prior to release for site construction. In addition to the above, an application for approval of the final plat shall be submitted to the Village within three hundred and sixty-five (365) calendar days following actual commencement of site construction in order to avoid lapse of the approved construction plat (unless such is extended or reinstated pursuant to provisions in this Ordinance).

Final Plat è Final plat approved by the Board of Aldermen but not yet filed with Bell County - All materials necessary to file the plat at the County, including plat mylars, filing fees, etc., shall be submitted to the Village within thirty (30) calendar days of the date of final plat approval. An application for a certificate of occupancy shall also be submitted to the Village within three hundred and sixty-five (365) calendar days following the date of final plat approval in order to avoid lapse of the approved final plat (provided that the final plat is not yet filed at the County), unless such approval is extended or reinstated pursuant to provisions in this Ordinance.

Final plat that has been filed at Bell County - The final filed plat is valid in perpetuity, unless the filed plat is properly amended or vacated pursuant to the provisions of this Ordinance.

i. Extension and Reinstatement Procedure. Prior to the lapse of approval for a plat, the property owner may petition the Village to extend the plat approval. Such petition shall be considered at a public meeting before the Commission, which shall recommend approval or denial of the petition. The petition shall then be considered by the Board of Aldermen at its next regularly scheduled meeting (if possible), and an extension may be granted by Board of Aldermen at such meeting. If no petition for extension of plat approval is submitted by the property owner prior to the expiration date, then the plat shall be deemed to have expired and shall become null and void.

In considering whether to grant a request for extension, the Commission, and ultimately Board of Aldermen, shall take into account the reasons for lapse, the ability of the property owner to comply with any conditions attached to the original approval, and the extent to which newly adopted subdivision regulations would apply to the plat at that point in time. The Board of Aldermen shall either extend the plat (either with or without conditions) or shall deny the request, in which instance the originally approved plat shall be deemed to be null and void. The property owner must thereafter submit a new plat application for approval, and shall conform to the subdivision regulations then in effect.

The Board of Aldermen may extend the plat approval subject to additional conditions based upon newly enacted Village regulations or State legislation, or such as are necessary to ensure compliance with the original conditions of approval or to protect the public health, safety and welfare. The Board of Aldermen may also specify a shorter time for extension of the plat than the original 365-day approval period.

j. Lapse of Approval of Engineering Plans. The approved engineering plans shall be valid for a period of three hundred and sixty-five (365) calendar days following approval by the Village's Engineer. The Board of Aldermen may, upon written request by the applicant, grant an extension of up to an additional 365 calendar days, after which the engineering plans shall be subject to re-approval by the Village's Engineer if no construction has occurred.

Submission and approval of a concept plan is specifically required in, but is not limited to, the following circumstances:

b. Procedures and Submission Requirements for Concept Plan Approval. The procedures for Village review and approval of a concept plan shall be as set forth herein and as may be required in the Village of Salado's Zoning Ordinance.

c. Purpose. The purpose of a concept plan, as it pertains to this Ordinance, is to allow opportunity for the Commission and Board of Aldermen to "preview" proposed major thoroughfare and collector street patterns; land use patterns and trends; environmental issues and constraints; conformance to the Comprehensive Plan, Future Land Use Plan, Transportation Plan, Parks and Open Space Plan, water and sewer master plans, and other applicable plans of the Village; and, if the subject property is within the Village's corporate limits, the Zoning Ordinance; and the property's relationship to adjoining subdivisions or properties. Review of a concept plan also assists the Village in evaluating the possible impacts of the proposed development in terms of provision of essential public facilities and services, respecting and preserving important natural features and the environment, provision of open space and recreational opportunities, and protecting the general health, safety and welfare of the community.

d. Extent of Area That Should be Included in a Concept Plan. When the overall development project is to be developed in phases, the concept plan area shall include the entire property from which the phases are being subdivided and an approximate development schedule. Where significant natural or man-made features, such as thoroughfares or creeks, make inclusion of the entire property in the concept plan unnecessary to adequately review the items listed in the preceding paragraph, the concept plan may include a smaller study area. Boundaries such as major thoroughfares, whether existing or proposed, creeks and major drainageways, political subdivisions, or other such natural or man-made features may be used to delineate the smaller study area if approved by the Mayor/Village Administrator (or designee).

e. Duration of Approval. The concept plan shall have an effective date of two (2) years from the date of approval by the Board of Aldermen for any portion of the development project for which a construction plat has not been filed at the Village.

b. The construction plat shall constitute only that portion of the property or subdivision which the applicant proposes to construct and record provided, however, that such portion conforms to all the requirements of this Ordinance and with any other applicable regulations and codes of the Village.

c. A construction plat shall be preceded by an approved concept plan showing phasing of the overall development, shall include all contiguous property under the ownership or control of the applicant unless otherwise approved by the Mayor/Village Administrator (or designee). A construction plat may also be submitted simultaneously for those areas anticipated for initial construction. A construction plat may also contain more than one phase, which, if so, shall be clearly identified.

d. The applicant may choose to submit a final plat for review concurrently with the construction plat. In such case, the Village may schedule concurrent review of both plats, provided that all required information and other items are submitted for both plats, including full engineering plans and the appropriate assurances for the completion of all improvements, as per Section 6, and provided that adequate review can be achieved by the Village. If the Village, due to staff resources or other factors, cannot complete its review of both plats, and other associated materials, prior to the applicable Planning and Zoning Commission meeting, then only the construction plat shall be considered for approval and the final plat shall be denied unless the thirty (30) day review requirement is waived in writing by the applicant.

e. Approval of a construction plat by the Board of Aldermen shall be deemed general approval of the street and lot layout shown on the construction plat (approval for construction of the necessary streets, water lines, sewer lines, and other required improvements and utilities shall be authorized only through the Village's Engineer's approval of the engineering plans), and to the preparation of the final or record plat when construction of all required public improvements is nearing completion (or when appropriate surety for completion is provided to the Village). Except as provided for herein, approval of the construction plat shall constitute conditional approval of the final plat when all conditions of approval and when all procedural requirements set forth in this Ordinance have been met, and when construction of all improvements (or surety provided) are satisfactorily completed.

f. Standards for Approval. No construction plat shall be recommended for approval by the Commission or approved by the Board of Aldermen unless the following standards have been met:

g. No construction work shall begin on the proposed improvements in the proposed subdivision prior to approval of the construction plat by the Board of Aldermen, nor prior to issuance of all appropriate construction permits by the Village and other appropriate entities or agencies. The applicant shall also provide copies of letters from applicable local utility companies stating that each utility company has reviewed the construction plat and stating any requirements, including easements, they may have. This requirement may be deferred until the final plat is submitted if such deferral request is submitted to the Village in writing and approved by the Mayor/Village Administrator (or designee) prior to the Commission meeting at which the construction plat will be considered. No excavation, grading, tree removal or site clearing activities shall occur prior to approval of the construction plat and the engineering plans. However, preliminary grading or site preparation activities, such as limited excavation, filling, and removal or clearing of brush, undergrowth or man-induced debris, may be authorized by the Mayor/Village Administrator (or designee), at his or her discretion, if such request is submitted in writing by the property owner or developer, if such activities are in conformance with all applicable Village ordinances and codes, and if such activities will not be detrimental to the public health, safety or general welfare (also see Section 6.8b.).

h. Information Required Upon or With A Construction Plat. The proposed construction plat and associated engineering plans shall show the following information (the construction plat itself shall only include those items marked by italics -- other physical and engineering data shall be included in the engineering plans or as separate documents):