§ 126-2. Plat required.

(a)

Except as provided in subsection (f) hereof, a plat is required for a subdivision as defined in section 126-1.

(b)

To be recorded, the plat must:

(1)

Describe the subdivision by metes and bounds;

(2)

Locate the subdivision with respect to a corner of the survey or tract or an original corner of the original survey of which it is a part; and

(3)

State the dimensions of the subdivision and of each street, alley, square, park or other part of the tract intended to be dedicated to public use or for the use of purchasers or owners of lots fronting on or adjacent to the street, alley, square, park or other part.

(c)

The owner or proprietor of the tract or the owner's or proprietor's agent must acknowledge the plat in the manner required for the acknowledgment of deeds.

(d)

The plat must be filed and recorded with the county clerk of the county in which the tract is located.

(e)

The plat is subject to the filing and recording provisions of V.T.C.A., Property Code § 12.002.

(f)

A plat is not required for a subdivision that is a division of land into four or fewer parts if:

(1)

Such division does not include streets, alleys, squares, parks or other parts intended to be dedicated to public use or for the use of purchasers or owners of lots fronting on or adjacent to the streets, alleys, squares or other parts;

(2)

If each of the lots 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 V.T.C.A., Government Code ch. 573; and

(3)

No development or construction is to occur on the property at the time of division of land.

A plat is required before any lot of a subdivision described by this subsection:

(1)

Is sold, given, or otherwise transferred to an individual who is not related to the owner within the third degree by consanguinity or affinity as determined under V.T.C.A., Government Code ch. 573; or

(2)

Is developed in any manner and used for any purpose other than agricultural, wildlife management or timber use within the meaning of Section 1-d-1, Article VIII, Texas Constitution; or

(3)

Is developed in any manner which directly or indirectly impacts the city's infrastructure, water, wastewater or drainage system.

(Ord. No. 11,981, § 1, 7-26-12)

State law reference

Similar provisions, V.T.C.A., Local Government Code § 212.004.