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HomeMy WebLinkAboutRES 02-075 RESOLUTION NO. 02-075 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be, and he is hereby authorized to execute an agreement, substantially in the form attached hereto as Exhibit "A," with Jefferson County as to the regulation of subdivisions in the City of Beaumont's extra-territorial jurisdiction. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 2nd day of April, 2002. IS4 - Guy N. Goodson, ayor Pro Tern - STATE OF TEXAS § AGREEMENT REGARDING PLAT APPROVAL AUTHORITY COUNTY OF JEFFERSON § IN THE EXTRATERRITORIAL JURISDICTION WHEREAS, Section 242.001, Local Government Code, requires a county and municipalities with extraterritorial jurisdiction in that county to enter into a written agreement identifying the governmental entity authorized to regulate subdivision plats and approve related permits in the extraterritorial jurisdiction (ETJ) of each such municipality; and WHEREAS, Section 242.001 sets forth various methods of accomplishing this requirement, including allowing a county and municipality to enter into an interlocal agreement that establishes one office authorized to accept plat applications, collect plat application fees in one lump-sum amount, and provide one response to applicants indicating approval or denial of a plat application; and WHEREAS, when this method is selected, the county and municipality must adopt one consolidated and consistent set of regulations related to plats and subdivisions of land in the ETJ; and WHEREAS, Jefferson County (County) has determined it is desirable to allow the 23 municipalities with ETJ in the county to serve as the entity authorized to accept plat applications, collect application fees in one lump-sum amount, and provide one response to applicants indicating approval or denial of a plat application; and WHEREAS, the City agrees to serve as the entity authorized to accept plat applications, collect application fees in one lump-sum amount, and provide one response Page 1 G:\RMNMGREEMENTS\ETJ APP AUTH EXHIBIT "A" to applicants indicating approval or denial of a plat application for subdivision of property located in the City's ETJ; and NOW, THEREFORE, County and City agree as follows: I. EFFECTIVE DATE. The effective date of this Agreement shall be April 1, 2002. II. APPLICABILITY. This Agreement shall apply to proposed subdivisions of property within the City's ETJ and which are not exempt from either City or County regulatory authority. If a subdivision is exempt from either City or County regulatory authority, then this Agreement shall not apply, and the entity with sole regulatory authority for such subdivision may adopt and enforce any regulation permitted by law. III. SUBDIVISION REGULATION UNDER CHAPTER 22, LOCAL GOVERNMENT CODE. The County and the City hereby elect to regulate subdivisions in City's ETJ pursuant to Section 242.001(d)(4), Texas Local Government Code. The City shall serve as the entity authorized to accept plat applications, collect application fees in one lump-sum amount, and provide one response to applicants indicating approval or denial of a plat application for subdivision of property located in the City's ETJ. Jefferson County will not accept from applicants subdivision plats for review and approval to the extent such plats propose subdivision of property which is located wholly within the municipal boundaries and/or the ETJ of the City. Page 2 G:\RMW\AGREEMENTS\ETJ APP AUTH IV. CITY'S RESPONSIBILITIES. The City shall: A. Accept plat applications for subdivisions of property located within City's ETJ in Jefferson County. B. Notify County of receipt of a plat application for subdivision of property located in City's ETJ in Jefferson County. Such notification shall be by fax addressed to: Jefferson County Engineer, and sent to (409) - . The notice shall clearly state that the City has received a plat application for property in City's ETJ in Jefferson County. C. Enforce the subdivision regulations set forth in Attachment A. V. COUNTY'S RESPONSIBILITIES. The County shall: Be responsible for making arrangements to receive copies of plats filed with the City for subdivisions of property located within City's ETJ in Jefferson County. VI. CHANGES IN ETJ OR SUBDIVISION REGULATIONS. The City shall provide written notice to the County of: (1) any proposed or actual change in the boundaries of City or the ETJ of the City; and (2) any proposed amendments to the City's subdivision regulations applicable to the City's ETJ in Jefferson County, at least sixty (60) days prior to the effective date of such change or amendment. It is the intent of this section to allow the parties reasonable time to discuss proposed changes which may impact this Agreement prior to the effective date of such changes. VII. NOTICES. All notices required to be given under this Agreement shall be sent to the respective parties at the following addresses: Page 3 GARMWAGREEMENTMETJ APP AUTH COUNTY CITY Jefferson County City of Beaumont 1001 Pearl Street P. O. Box 3827 Beaumont, Texas 77701 Beaumont, Texas 77704 Attn: Judge Carl Griffith Attn: Stephen J. Bonczek VIII. TERM AND TERMINATION. This Agreement shall be perpetual. However, either party may terminate this Agreement by providing thirty(30)days written notice to the other party. IX. DEDICATIONS OF PROPERTY. Nothing in this Agreement shall be construed as granting to the City the authority to accept dedications of property on behalf of the County. Individuals or entities desiring to dedicate property to the County, including but not limited to streets, alleys and parks, must contact the County. No property will be accepted by the County without formal approval of the Jefferson County Commissioners Court. X. EXTENT OF CITY'S ETJ. The City is solely responsible for determining the boundaries of its ETJ. County will rely upon City in this regard, and will not bear responsibility for any errors in determining the boundaries of City's ETJ. XI. AGENCY-INDEPENDENT CONTRACT. The parties agree and acknowledge that each entity is not an agent of the other entity and that each entity is responsible for its own acts, forbearance, negligence and deeds, and of those of its agents or employees in conjunction with this Interlocal Agreement. This Agreement does not and shall not be Page 4 GARMMAGREEMENTSIETJ APP AUTH construed to entitle any party or any of their respective employees, if applicable, to any benefit, privilege or other amenities of employment applicable to the other party. XII. AMENDMENT. This Agreement may not be amended except in a written instrument specifically referring to this Agreement and signed by the parties hereto. XIII. BINDING AGREEMENT,AUTHORITY,PARTIES BOUND. This Agreement has been duly executed and delivered to all parties and constitutes a legal, valid and binding obligation of the parties. Each person executing this Agreement on behalf of each party represents and warrants that they have full rights and authority to enter this Agreement. XIV. APPLICABLE LAW AND VENUE. This Agreement shall be expressly subject to the participating parties' Sovereign Immunity, Title 5 of the Texas Civil Practice and Remedies Code and all applicable federal and state law. This Agreement shall be governed by and construed in accordance with the laws of the State of Texas. Exclusive venue for any legal action arising from this Agreement shall be in Jefferson County, Texas. XV. SEVERABILITY. In the event that one or more of the provisions contained in the Agreement shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability of the Agreement shall be construed as if such invalid, illegal or unenforceable provision has never been contained herein, but shall not affect the remaining provisions of this Agreement,which shall remain in force and effect. Page 5 GARMWIAGREEMENTS\ETJ APP AUTH JEFFERSON COUNTY CITY OF BEAUMONT Carl Griffith, County Judge Stephen J. Bonczek, City Manager Date Date Page 6 GARW AGREEMENTSXETJ APP AUTH CITY OF BEAUMONT � c SUBDIVISION REGULATIONS EXHIBIT "A's 1 l } ORDINANCE NO. 83-95 ENTITLED AN ORDINANCE REPEALING CHAPTER 24 OF THE CODE OF ORDINANCES OF THE CITY OF BEAUMONT AND ENACTING A NEW CHAPTER 24 PROVIDING SUBDIVISION REGULATIONS AND REPEALING SECTION 23-8 OF THE CODE OF ORDINANCES, PROVIDING GENERAL STANDARDS FOR STREET CONSTRUCTION; PROVIDING FOR REPEAL; AND PROVIDING A PENALTY. Section 1 . Chapter 23, Section 23-8 of the Code of Ordinances of the City of Beaumont is hereby repealed. Section 2. Chapter 24 of the Code of Ordinances of the City of Beaumont is hereby repealed and there is hereby enacted a new Chapter 24 to read as follows: 1 1 1 1 SUBDIVISION REGULATIONS ARTICLE L GENERAL PROVISIONS. Sec.24-1. This ordinance shall be known,cited and referred to as the Subdivision Regulations of the City of Beaumont,Texas. Sec. 24-2. The statutes of the state authorizing and empowering cities to regulate the platting and recording of subdivisions or additions situated within the corporate limits or within five(5)miles of the corporate limits of such city,the same being Chapter 231,Acts of the Regular Session of the 40th Legislature of Texas, 1927, such statutes being article 974a,Vernon's Annotated Civil Statutes,are hereby adopted for and on behalf of the city, and the city acting through its duly authorized officials shall have all the rights,powers,privileges and authority authorized and granted by and through such statutes. Sec. 24-3. Purpose. (a) The subdivision of land is the first step in the process of urban development. The arrangement of parcels in the community for residential,commercial and industrial uses and for streets, alleys, schools, parks and other public purposes will determine to a large degree the conditions of health, safety, economy and amenity that prevail in the urban area. The quality of these conditions is of public interest. These regulations and standards for the subdivision and improvement of land for urban use are to make provision for adequate light,air,open space,drainage,transportation,public utilities and other needs, to insure the development and maintenance of a healthy, attractive,planned,orderly and efficient community pursuant to the official Comprehensive Plan for the City of Beaumont. (b) The goals of these regulations are as follows: (1) To protect and provide for the public health, safety, and general welfare of the municipality. (2) To guide the future growth and development of the municipality, in accordance with the Comprehensive Plan. (3) To provide for adequate light,air,and privacy,to secure safety from fire,flood,and other danger,and to prevent overcrowding of the land and undue congestion of population. 2 i (4) To protect the character and the social and economic stability of all parts of the municipality and to encourage the orderly and beneficial development and redevelopment of all parts of the municipality. (5) To protect and conserve the value of land throughout the municipality and the value of buildings and improvements upon the land, and to minimize the conflicts among the uses of land and buildings. (6) To guide public and private policy and action in order to provide adequate and efficient transportation, water, sewerage, schools, parks, playgrounds, recreation, and other public requirements and facilities. (7) To provide the most beneficial relationship between the uses of land and buildings and the circulation of traffic throughout the municipality,having particular regard to the avoidance of congestion in the streets and highways, and the pedestrian traffic movements appropriate to the various uses of land and buildings, and to provide for the proper location and width of streets and building lines. (8) To establish reasonable standards of design and procedures for subdivisions and resubdivisions,in order to further the orderly layout and use of land; and to insure proper legal descriptions and monumenting of subdivided land. (9) To insure that public facilities are available and will have a sufficient capacity to serve the proposed subdivision. (10) To prevent the pollution of air, streams, and ponds; to assure the adequacy of drainage facilities;to safeguard the water table;and to 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. (11) To preserve the natural beauty and take into account the topography of the municipality and to insure appropriate development with regard to these natural features. z (12) To provide for open spaces through the most efficient design and layout of the land,including the use of average density in providing V for minimum width and area of lots,while preserving the density of land as established in the zoning ordinance of the municipality. 3 i (13) To provide that the cost of improvements 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 which primarily benefit the whole community be done by the whole community. (14) To ensure that street,utilities,and drainage improvements needed by the subdivision are actually installed. Sec.24-4. Jurisdiction. (a) Except as otherwise provided herein,every owner of land situated within the City of Beaumont or within the extraterritorial jurisdiction thereof, who causes the division of such land into two (2) or more lots, building sites, parcels,units,fractional parts thereof,shall first prepare a plat in accordance with the provision of this chapter. The description of such lots,building sites, units or interests by metes and bounds or by other reference in an instrument of transfer shall not exempt the transaction from the provisions of this chapter. However, the addition of two tracts or lots of land into one lot or parcel does not constitute a subdivision under these regulations. (b) No building permit or certificate of occupancy shall be issued nor shall connection or service with any City utilities,such as water and sewers,be permitted for any lot, tract, parcel or premises which was created by subdivision after January 22, 1980,unless the subdivision was approved by the Planning Commission. (c) No improvements shall be started until a preliminary plat has been approved by the Planning Commission after which approval, improvements may be started in accordance with the preliminary plat and with the approval of the City Engineer of the final construction plans. Sec.24-5. These regulations shall supplement and facilitate the enforcement of the provisions, standards, and specifications contained in the building and housing codes,Zoning Ordinance,Comprehensive Plan,Official Street and Highway Plan and other official plans of the city. Where any provision of this ordinance imposes restrictions different from those imposed by any other ' provision of any other city ordinance, rule or regulation or any other provisions of law,the more restrictive shall control and be reflected in the plat. No plat showing a violation of a city ordinance,rule or regulation shall be approved. 4 I i Sec.24-6. Definitions. (a) Usage. Words in the present tense include the future,words in the singular number include the plural number and words in the plural number include the singular number,the word"building" includes the word"structure";the word "lot" includes the words "parcel', "plot", or "tract"; the word "shall" is mandatory and not discretionary. (b) In the interpretation of this ordinance,the following words and terms are to be used and interpreted as defined hereinafter: Block: A tract of land bounded by streets,or a combination of streets,public parks,railroad rights-of-way,shorelines of waterways or corporate limits. Comprehensive Plan: Policies in graphic and textual form adopted by the City Council to govern the future physical development of the city. Such plan may cover the entire city and all of its functions and services,or may consist of a combination of plans governing specific geographic areas which together cover the entire city and all of its functions and services. Construction Plans: The maps or construction drawings accompanying a subdivision plat that show the specific location and design of all required or proposed improvements to be installed in the subdivision. Cul-de-sac: A local street with only one outlet having an appropriate terminal for the safe and convenient reversal of traffic movement. Easement: Authorization by a property owner for the use by another,and for a specified purpose,of any designated part of the area being subdivided. Final plat: The map or drawing of a subdivision and any accompanying material,as described in these regulations which,if approved by the Planning Commission,may be submitted to the County Clerk for filing. Lot: An undivided tract, plot or parcel, of land intended as a unit for the purpose,whether immediate or future,of transfer of ownership or for building development. Lot orientation: The compass reading for a line drawn from a point midway between the side lot lines at the required front yard setback to a point midway between the side lot lines at the required rear yard setback. Owner: Any person, group of persons, firm or firms, corporation or corporations, or any other legal entity having legal title to or sufficient proprietary interest in the land sought to be subdivided under these regulations. 5 Resubdivision: A change in an approved or recorded subdivision plat if such change affects arty street layout or area reserved thereon for public use,or any lot line. Subdivider. Any person who,having an interest in land,causes it,directly or indirectly,to be divided into a subdivision. Subdivision: Any land,vacant or improved,which is divided or proposed to be divided into two(2)or more lots,parcels,sites,units,plots,or interests for the purpose of offer, sale, lease, or development, either on the installment plan or upon any and all other plans, tenons, and conditions, including resubdivision. ARTICLE II. PROCEDURE AND PLAT REQUIREMENTS. Sec.24-7. Pre-application conference. The applicant should confer with the Planning staff prior to the preparation of a preliminary plat and discuss the procedure for obtaining approval of a subdivision plat and the requirements as to the general layout and arrangement of lots,blocks and streets,and minimum design and construction requirements for streets,storm drainage,sewerage and water improvements. The Planning staff shall also advise the applicant, where appropriate, to discuss the proposed subdivision with those officials who must eventually approve those aspects of the subdivision plat coming within their jurisdiction. At the request of the secretary of the planning commission, the subdivider shall submit a master or tentative plan for all the contiguous property owned or intended for development by the subdivider as required by the secretary of the planning commission. The plan shall show a proposed future street system and lot pattern sufficient for the secretary of the planning commission to review the proposed development for general compliance with respect to surrounding land use,street connections,utilities,drainage facilities and park and open space needs. Sec.24-8. Preliminary plat. (a) After the pre-application conference,the applicant shall file an application for approval of a preliminary plat on forms available at the Office of the Secretary to the Planning Commission. The application shall be accompanied by a filing fee and thirty (30) copies of the preliminary plat providing the following information: 6 i (1) The title, or name, under which the proposed subdivision is to be s recorded,with the name and signature of the owner shown thereon. The title shall not duplicate or be similar to the name of an existing subdivision or property. Written evidence of ownership, acceptable to the City Attorney,shall be required in order to identify ownership and various easements, conditions, restrictions, and covenants pertaining to the use of the land being subdivided. (2) The meridian or north point. (3) The scale of the map shall be shown and drawn on a scale of one hundred(100)feet to the inch or larger. (4) A key map embracing the area surrounding the proposed subdivision. On this key map the tract to be subdivided shall be indicated in a distinctive manner. (5) The location of existing streets, blocks, lots, alleys, easements, building lines,parks,watercourses,ravines,bridges,culverts,present structures,the outline of wooded areas,and other natural features in the area affected, with principal dimensions, and all significant information in regard to property immediately adjacent on all sides. (6) The names or designations of existing streets or roads. The names or designations of all adjoining subdivisions and properties. (7) Proposed plan of subdivision,showing streets,blocks, lots, alleys, its,building lines,parks and other such areas,with principal dimensions. The plan shall show how the streets and easements in the subdivision will connect with those in the surrounding subdivisions. (8) The names of proposed streets. They shall conform with the names of any existing streets of which they may be or become extensions. They must not duplicate or be similar to the recognized name of any other street located elsewhere in the community. (9) The location of existing and proposed sewers,water and gas mains and other public utilities easements and improvements. (10) The location of existing and proposed storm drainage easements and improvements. (A copy of all design computations shall be submitted along with the plans.) } (11) Topography is not usually required to be shown; however, if the surface is markedly uneven,the Planning Commission may require 7 1 { i a contour map showing contour intervals of not more than two(2) feet. Profiles of proposed streets and alleys may be required. k (12) The boundaries and flood elevations of all areas located in flood hazard areas as determined by the Flood Insurance Rate Maps (FIRM)provided by the Federal Emergency Management Agency (FEMA), under the auspices of the National Flood Insurance Program(NFIP). (13) The location of all existing pipeline easements and information concerning the size of the pipe,type of product being transported and the pressure in the pipeline. (14) The name of the registered surveyor responsible for preparing the plat. (15) A list of the proposed restrictive covenants, conditions, and limitations to govern the nature and use of the property being subdivided. (b) The Planning Commission shall be required to act upon an application completed in accordance with the requirements of this ordinance within thirty (30) days from the filing date. If the plat is disapproved, the Planning Commission shall inform the subdivider in writing of the reasons for such action. If said plat be not disapproved within thirty(30)from the filing date, it shall be deemed to have been approved by the Planning Commission. Approval of the preliminary plat by the Planning Commission shall also constitute the conditional approval of the final plat subject to approval by the City Engineer of all proposed improvements plans and a ministerial determination by the Secretary of the Planning Commission that the final plat is consistent with the approved preliminary plat and complies with all the requirements of this ordinance. (c) Approval or conditional approval of a preliminary plat by the Planning Commission shall be valid for a period of twenty-four(24)months from the date of approval. Failure to prepare a final plat and have it recorded in Accordance with the provisions of this ordinance within twenty-four (24) months from the date of preliminary plat approval shall result in the 1 expiration of the previous approval. 'z (d) (1) Before the beginning of any construction on the proposed streets or { public utilities pertaining to the subdivision, complete final construction plans of such improvements in the form of plats, sketches or other satisfactory written description, certified by a registered professional engineer, shall be filed with the City Engineer. The subdivider shall submit with the construction i drawings a development and review fee as specified in section 24-31 of this chapter. These shall show such features as street cross- sections and longitudinal slope for drainage, full description of proposed pavement or street improvements, dimensions and specifications for curbing, complete design and specification data concerning public utilities to be installed showing proposed position on the ground, specifications of materials and construction, plan- profile maps of all water and sewerage lines and stormwater sewers or drainageways showing both ground-surface and flow-line, and any other pertinent information of similar nature. If any part of the proposed construction is considered unsatisfactory by the City Engineer and below the standards required,construction operations shall not be started on the affected portion until alterations are made such that the completed work shall conform to the official standard requirements of the City. (2) Upon the completion of construction of any such utility or improvement,complete "as built"plans in detail,dated,signed and certified by the engineer in charge, shall be filed with the City Engineer showing all features as actually installed, including materials,size,location,depth of elevation,numbers,ends of lines, connections,,,Ayes,valves,storm sewer drains,inlets and other such - features. Connections with city utilities will not be allowed unless and until the subdivider complies with this requirement. Sec.24-9. Final Plat. (a) After obtaining approval or conditional approval of the preliminary plat and all construction plans by the City Engineer, the applicant, if wishing to proceed with the subdivision,shall file an application for approval of the final plat on forms available at the office of the Secretary to the Planning Commission. The application shall be accompanied by a filing fee with an original reproducible film, electronic file compatible with the Jefferson County Appraisal District's Geographic Information System(GIS)computer files, and twenty-five(25)prints of the final plat. Patching and the pasting of paper attachments is not acceptable. All figures and lettering shall be neat and easily legible. For final approval, the final plat must comply in all respects with the approved preliminary plat and provide the following information: (1) The title, or name, by which the subdivision is to be identified, accompanied by at least a brief general description of the tract embraced;the meridian or north point, and the scale of the map;the name of the surveyor,engineer or other person responsible for the surveys and the plat. *et7d—Q NOTE:Eff. Sgg.6,1999,H.B. 1563, STATUTES of TEXAS,Property Code Sec. 12.002,Amended Code as follows: "including an original TAX CERTIFICATE...". 9 r (2) A definite legal description and identification of the tract being subdivided,sufficient for the requirements of title examination. This may be embodied in the title or shown elsewhere on the plat. (3) The boundaries of the subdivided property referenced to the Texas State Plane Coordinate System shall be indicated on the map in a distinctive manner with complete and accurate field notes of such boundaries;and,the location and designation of all streets, alleys and other areas intended to be dedicated to the public use, with proper dimensions. (4) The location of all adjacent streets and alleys,with their names,and the names of adjoining subdivisions. (5) All block, lot and street boundary lines. Blocks and lots shall be numbered or lettered. House numbers shall be allocated to lots. Building lines and easements shall be shown and shall be defined by dimensions. The actual width of all streets shall be shown,measured at right angles or radially,where curved. (6) All necessary dimensions,including linear,curvilinear and angular, shall be shown, and must be accurate. The linear and curvilinear dimensions shall be expressed in feet and decimals of a foot. The angular dimensions may be shown by bearings. Curved boundaries _ must be fully described and all essential information given, including the length of tangents,central angle of curve,and the chords and arcs of curve. Block comers, angle points,points of curve and points of intersection of tangents shall be shown as pennanently marked on the ground Complete dimensional data shall be given on fractional lots or tracts. (7) Bench mark elevations will be established on at least one block corner of each street intersection and in no case more than one thousand(1000)feet from any other bench mark. These elevations shall be clearly shown on the plat. (8) The description and location of permanent survey reference monuments shall be shown. These shall be other than, and in addition to, markers set for block or lot corners. They shall be ` located in suitable places throughout the subdivision and there shall be at least as many of them as there are blocks in the subdivision,but not less than two (2) in the event there is only one block in the subdivision. The distance between successive monuments along any street or reference line shall not be greater than one thousand(1000) feet. 10 i i (9) A certificate of ownership in fee of all the land embraced in the ' subdivision or authenticity of the plat and dedication, including all properties intended for public use,signed and acknowledged by all owners of arry interest in such land and properties. Acknowledgement shall be in the form required in the conveyance of real estate. Approval and acceptance by all lienholders shall.be included. If all block corners have not been staked at the time such final plat is submitted for final approval,the owner's certificate shall include a declaration and agreement that all such corners have been staked or have been contracted to be staked. (10) A certificate by the responsible registered professional land surveyor in charge,duly authenticated,that the plat is drawn to scale,is true and correct and in accordance with the determinations of surveys actually made on the ground. If all the block corners in the subdivision have been staked at the time of final approval, the surveyors certificate shall so declare. The surveyor's certificate shall also state whether or not the tract is within five(5)miles of the city limits,measured in a straight line between nearest points,unless this information is shown in suitable manner elsewhere on the face of the plat. (11) All legal restrictions and requirements placed on the approval of the preliminary plat shall be indicated on the final plat. (12) Certificates of approval to be signed by the Chairman and Secretary of the Planning Commission. (13) The flood zones, boundaries and elevations of all areas located in flood hazard areas as determined by the Flood Insurance Rate Maps (FIRM)provided by the Federal Emergency Management Agency (FEMA)shall be shown on the final plat. (b) It shall be the responsibility of the Secretary to the Planning Commission to promptly file the final plat with the County Clerk. The applicant shall be responsible for paying all recording fees and costs. { (c) A minor plat may be approved by the Director of Planning. The approved plat shall be signed by the Secretary and Chairman of the Planning Commission. A minor plat is a final plat that consists of four or fewer lots fronting on an existing street and not requiring the creation of any new streets or the extension of municipal facilities. A minor plat shall comply with all the regulations of the subdivision and the zoning ordinances. The Director of Planning may, for any reason, elect to present the plat to the Planning Commission to approve the plat. The Planning Director shall not disapprove a minor plat, but shall refer any plat which he refuses to approve to the 11 i I 1 J Planning Commission within thirty(30)days of submission of the plat in his office. (d) The Planning and Zoning Commission shall act on a plat within thirty(30) days after the date the plat is filed. If the Planning and Zoning Commission fails to act on the plat within the prescribed period,the Planning and Zoning Commission on request shall issue a certificate stating the date the plat was filed and that the Planning and Zoning Commission failed to act on the plat within the thirty(30)day period. The certificate is effective in place of the endorsement required for the filing of the plat. Sec.24-10. Vacation of plats,replats and resubdivisions. (a) Any such plan,plat or replat may be vacated by the proprietors of the land covered thereby at any time before the sale of any lot therein by a written instrument declaring the same to be vacated, duly executed, acknowledged and recorded in the same office as the plat to be vacated, provided the approval of the Planning Commission shall have been obtained as above provided,and the execution and recordation of the instrument shall operate ? to destroy the force and effect of the recording of the plan,plat or replat so vacated. In cases where lots have been sold, the plan,plat or replat,or any part thereof;may be vacated upon the application of all the owners of lots in said plat and with the approval, as above provided, of the Planning Commission. The County Clerk of the county in whose office the plan or plat thus vacated has been recorded shall write in plain,legible letters across the plan or plat so vacated the word"Vacated",and also make a reference on the same to the volume and page in which said instrument of vacation is recorded. (b) In the event there is not compliance with Subsection (a) of this section, a replat or resubdivision of a plat,or a portion thereof,without vacation of the previous plat, is hereby expressly authorized to be recorded and shall be deemed valid and controlling,when approved, after a public hearing by the Planning Commission when: (1) It has been signed and acknowledged by only the owners of the particular property which is being resubdivided or replatted; (2) It has been approved by the Planning Commission or other appropriate governing body, as the case may be, after a public hearing in relation thereto at which parties in interest and citizens shall have an opportunity to be heard; (3) It does not attempt to alter, amend, or remove any covenants or restrictions;and (4) There is compliance,when applicable,with Subsections(c)and(d) of this section. 12 Y� 9 4 (c) The following additional requirements for approval shall apply in any �•• resubdivision or replatting of a subdivision,without vacating the immediate previous plat,if any of the proposed area to be resubdivided or replatted was within the immediately preceding five years limited by any interim or permanent zoning classification to residential use for not more than two residential units per lot,or if any lot in the immediate previous subdivision was limited by deed restriction to residential use for not more than two residential units per lot. (1) Notice of such Planning Commission hearing shall be given in advance in the following manner: a. publication at least fifteen(15)days in advance of hearing being published in a paper of general circulation in Beaumont; and, b, written notice with a copy of section 24-10(c)(2)attached to the notice of such hearing forwarded by the Planning Commission to owners as the ownerships appear on the current tax roll of Beaumont or if the replat is in the city's extraterritorial jurisdiction,then the most recently approved county tax roll of all lots in the immediately preceding subdivision plat within two hundred (200) feet of the proposed replat not less than fifteen (15)days prior to the date of such hearing;such notice is considered served when it is deposited, properly addressed and postage paid, in a post office or postal depository within the boundaries of Beaumont. (2) If the proposed replat is protested in accordance with this subsection, the proposed replat must receive, in order to be approved, the affirmative vote of at least three-fourths of all members of the planning commission. For a legal protest,written instruments signed by the owners of at least twenty(20%)percent of the area of the lots or land,including streets and alleys,immediately adjoining the area covered by the proposed replat and extending two hundred(200) feet from that area,but within the original subdivision,must be filed with the secretary of the planning commission prior to the close of the public hearing. (3) Provided,however, compliance with Subdivision (1) or(2) of this subsection shall not be required for approval of a replatting or resubdividing of a portion of a prior plat if all of the proposed area sought to be replatted or resubdivided was designated or reserved for usage other than for single or duplex family residential usage by notation on the last legally recorded plat or in the legally recorded ' restrictions applicable to such plat. 13 (d) Notwithstanding any other provision of this section, the Planning Commission is authorized to approve and issue an amending plat which is signed by the applicants only,and which is for one or more of the purposes set forth in the following Subdivisions(1)through(9), inclusive, and such approval and issuance shall not require notice,hearing,or approval of other lot owners. This subsection shall apply only if the sole purpose of the amending plat is: (1) To correct an error in any course or distance shown on the prior plat; (2) To add any course or distance that was omitted on the prior plat; f (3) To correct an error in the description of the real property shown on the prior plat; (4) To indicate monuments set after death,disability,or retirement from practice of the engineer or surveyor charged with responsibilities for setting monuments; r (S) To show the proper location or character of any monument which has been changed in location or character or which originally was shown at the wrong location or incorrectly as to its character on the prior plat; (6) To correct any other type of scrivener or clerical error or omission as previously approved by the Planning Commission;such errors and omissions may include,but are not limited to,lot numbers,acreage, street names,and identification of adjacent recorded plats; (7) To correct an error in courses and distances of lot lines between two adjacent lots where both lot owners join in the application for plat amendment and neither lot is abolished, provided that such amendment does not attempt to remove recorded covenants or restrictions and does not have a materially adverse effect on the property rights of the other owners in the plat; (8) To relocate a lot line in order to cure an inadvertent encroachment of a building or improvement on a lot line or on an easement; (9) To relocate one or more lot lines between one or more adjacent lots where the owner or owners of all such lots join in the application for the plat amendment,provided that such amendment does not: a. attempt to remove recorded covenants or restrictions;or b. increase the number of lots. 14 } I Sec.24-11. Acceptance of Dedication Offers Acceptance of offer of dedication of streets,utilities,public areas and parks shall be by action of the City Council. The approval by the Planning Commission of a subdivision plat shall not be deemed to constitute or imply the acceptance by the city of any street or utility easements or improvements shown on said plat. 15 I ARTICLE M. GENERAL DESIGN PRINCIPLES s AND SPECIFIC DESIGN STANDARDS AND IMPROVEMENT REQUIREMENTS. Sec.24-12. General Design Principles. The quality of design of the urban area is dependent on the design quality of the individual subdivisions that compose it. Good community design requires the coordination of the efforts of each subdivider and developer of land within the urban area. Therefore,the design of each subdivision shall be prepared in accordance with the design principles,concepts and standards in the Comprehensive Plan document which includes the Land Use Element,Transportation Elements,Community Facilities Element and Utilities Element as approved by the city and on file in the office of the City Clerk,and in accordance with the following provisions: (a) Neighborhood Unit Cong t. It is intended that the urban area shall be designed as a group of integrated residential neighborhoods with appropriate activity centers and corridors and industrial areas. The following design principles are central to the neighborhood unit concept: (1) Arterial streets are routed around the perimeter of the neighborhood. (2) Collector streets should disperse local traffic to arterial struts without bisecting the neighborhood. Collector streets should be designed so as to discourage their use as crosstown,arterial streets. (3) Children can walk to school and play areas through pedestrian ways or open space corridors separated from streets and the hazards of moving automobiles. (4) Residential streets should provide good access to residential units but should be planned so that they will not be used as through-traffic routes. Cul-de-sacs,curved street layouts,and light-duty surfacing should be used to promote low traffic volumes and preservation of residential character. (5) The elementary school and neighborhood park and playground should be located in the center of the residential area while major streets are routed along the perimeter. Each family should be within one-half mile of the neighborhood center. (6) Public buildings and multi-family dwellings are located so as to form a buffer between the more intense activity of the shopping center and ' the quiet atmosphere of the single family residential areas. 16 1 .j i (7) The neighborhood shopping center is located on arterial streets. This gives good access both from within and outside of the neighborhood. Residents of other areas can reach the shopping center without traveling through the neighborhood. (b) Physical conditions. The arrangement of lots and blocks and the street system should be designated to make the most advantageous use of topography,and natural physical features. Tree masses and large individual trees should be preserved. The system of streets and sidewalks, and the layout and arrangement of blocks and lots should be designed to take advantage of the natural and scenic qualities of the area. Land. which the Planning Commission finds to be unsuitable for subdivision or development due to flooding, improper drainage, adverse earth formations, utility or pipeline easements or other features which will reasonably be harmful to the safety, health, and general welfare of the present or future inhabitants of the subdivision or its surroundings,shall not be subdivided or developed unless adequate methods are formulated by the developer and approved by the Planning Commission that will solve the problems created by the unsuitable land conditions. (c) The following general design requirements ensure that the proposed subdivision is coordinated with its immediate neighbors with respect to land use, street connections, utilities, drainage facilities, and the possible dedication of parks and open spaces. (1) When a tract is subdivided into larger than normal building lots,such lots shall be so arranged as to permit the logical location and opening of future streets and possible resubdivision of lots with provision for adequate utility easements and connections. (2) When the plat to be submitted includes only part of the contiguous property owned or intended for development by the subdivider, a tentative plan of a proposed future street system for the unsubdivided portion shall be prepared and submitted by the subdivider. (3) The subdivision plat shall provide for the logical extension of abutting and proposed utilities and drainage easements and improvements in order to provide for system continuity and to promote future development of adjacent areas. Sec.24-13. Streets. The arrangement, classification, character, extent, width, grade and location of all public and private streets shall conform to the Major Street and Highway Plan,the t official street construction standards and the official street construction specifications of the City and shall be designed in accordance with the following provisions: (a) The subdivider shall be required to dedicate appropriate right-of-way for major arterial streets required within or abutting said subdivision in 17 accordance with the Street and Highway Plan. The right-of-way required for major arterial streets shall be from eighty(80) feet to one hundred twenty ` (120)feet in width as may be required. The payment width of arterial streets shall be forty-four(44)feet to one hundred(100)feet from face to face of curb including channelization and storage lanes as may be appropriate. r (b) The subdivider shall be required to dedicate appropriate right-or-way for _ minor arterial streets required within or abutting said subdivision in accordance with the Street and Highway Plan. The right-of-way required for arterial streets shall be from sixty(60)feet to ninety(90)feet in width as may be required. The pavement width of arterial streets shall be thirty-six(36) feet to sixty(60)feet from face to face of curb including channelization and = storage lanes as may be appropriate. (c) Industrial streets, as required, shall be constructed by the subdivider. The right-of-way required for industrial streets shall be a minimum of seventy (70) feet in width. The pavement width of industrial streets shall be a minimum of forty(40) feet from face to face of curb. The city will pay the difference in pipe size costs when a larger storm sewer pipe than adequate for a particular subdivision is required by the city. (d) Collector streets and minor collector streets shall be constructed in new subdivisions by the subdivider. A street serving more than 64,but less than 450 dwelling units,shall be a minor collector street with a right-of-way of no less than sixty(60)feet and a thirty six(36)foot face of curb to face of curb pavement. A street serving more than 450 dwelling units shall provide access to an arterial as a collector street with a minimum right-of-way of sixty five (65) feet and a pavement of forty five(45)feet face of curb to face of curb. Collector streets should not be developed with direct driveway access or parking.The city will pay the increase in cost when a larger storm sewer pipe than adequate for a particular subdivision is required by the City. The increase in cost for a larger pipe will be calculated by determining the increase in pipe cost and multiplying by two(2). (e) Residential streets shall be constructed in new subdivisions by the subdivider. The right-of-way required for residential streets shall be fifty (50) feet in width. Pavement width shall be twenty-six (26) feet from face to face of curb. A single outlet residential street shall serve no more than 32 dwelling units. A double outlet residential street, such as a loop configuration,shall serve no more than 64 dwelling units. The City will pay the increase in cost when a larger storm sewer pipe than adequate for a particular subdivision is required by the City. Increase in cost for a larger pipe will be calculated by determining the increase in pipe cost and multiplying by two(2). Roll-type curbs are allowed. (f) Minor residential streets shall be constructed in new subdivisions by the subdivider. The right-of-way required for minor residential streets shall be 18 forty(40)feet in width. Pavement width shall be twenty(20)feet from face to face of curb. Minor residential streets are either cul-de-sac streets servicing less than fifteen(15)dwelling units or one-way loop streets with no on-surd parking that service less than twenty(20)dwelling units. The City will pay the increase in cost when a larger storm sewer pipe than adequate for a particular subdivision is required by the City. Increase in cost for a larger pipe will be calculated by determining the increase in pipe cost and multiplying by two(2). Roll type curbs are allowed. (g) Offsets in street alignment shall be avoided. When a subdivision street is intersected by two other subdivision streets, the intersecting streets should form a four-leg intersection or two three-leg intersections offset at their centers by at least one-hundred fifty (150) feet. In the case of two (2) collector or arterial street intersections,a larger street offset may be required to allow for left turn storage between intersections. Intersections of five(5) or more approaches shall be avoided. The preferred angle of intersection of intersection streets is ninety(90) degrees. Acute angles between streets in subdivisions at their intersection shall be avoided; provided, that when intersecting angles sharper than eighty(80)degrees are deemed necessary by the City, the property line in the small angle of the intersection shall be rounded, or otherwise located, so as to permit the construction of curbs having a radius of not less than twenty-five(25) feet without decreasing the normal width of the sidewalk area. (h) A cul-de-sac shall be no more than eight hundred (800) feet long, unless - topography, density, adequate circulation, or other unusual conditions necessitate a greater length, and shall terminate at a circle with a minimum right-of-way radius of fifty(50) feet and a pavement radius of thirty three (33)feet back to back of curb. When the Planning Commission determines that there is a reasonable expectation that a dead-end street will be extended within two (2) years, construction of a temporary cul-de-sac may be approved The Planning Commission may waive temporary cul-de-sac requirements for dead-end - streets when the street is less than two hundred (200) feet in length. The portion of the temporary cul-de-sac which will serve as an extension of the street shall be constructed in accordance with the city standards and that additional portion of the temporary cul-de-sac shall be in accordance with the city standards for a permanent cul-de-sac or a cement stabilized base with an asphaltic concrete surface. The pavement radius shall be twenty-five(25)feet within a fifty-foot(50')right-of-way(in fee or easement). No parking shall be allowed on a street terminating with a temporary cul-de-sac. No curb shall be required on a temporary cul-de-sac. If the street extension is not under construction within two(2)years of the date of city acceptance of the dead-end street on which a temporary cul-de-sac was permitted, then the developer shall construct a permanent cul-de-sac in 19 E accordance with city standards within six(6)months of the end of the two- year period. When the street is extended,the developer shall remove the temporary portion of the cul-de-sac and install curbs and other improvements necessary to conform with city standards. Driveways shall be extended from the existing driveways to connect to the street after the extension. (i) Where a residential subdivision borders on or contains an existing or proposed arterial street,the Planning Commission shall require that access to such streets be limited by: (1) The subdivision of lots so as to back into the primary arterial and front onto a parallel local street with a nonaccess reservation strip along the rear property line to prevent access from the arterial; (2) Providing a series of cul-de-sacs, U-shaped local streets, or short loops entered from and designed generally at right angles to a parallel street,with the rear lot lines of their terminal lots backing into the arterial street. (j) Residential and minor residential streets should be designed so that at least eighty (80) percent of the buildings in the subdivision can be oriented on streets parallel to nine(9)degrees south of west,with a possible variation to six (6)degrees north of west,or to twenty-five(25)degrees south of west. Exceptions to this required orientation may be granted when it is shown that strict compliance is infeasible due to the size,configuration,or orientation of the property, the nature of surrounding development, circulation patterns, improved design or existing physical features of the site. (k) Rural streets may be provided in neighborhoods zoned Agricultural- Residential (A-R) or outside the city limits, but within our extraterritorial jurisdiction with lots conforming to the A-R District. A single outlet rural street shall serve no more than 24 dwelling units and may be eight hundred (800) feet long as a cul-de-sac. A rural street shall have a sixty (60) foot right-of-way with a twenty (20) foot concrete pavement. Curbs are not required and open road side ditches may be used for drainage. No parking shall be allowed along a rural street right-of-way. Street lights shall be at each street intersection, but may be spaced at an average of 600 feet between intersections. G Sec. 24-14. Alleys. The minimum width of any alley shall be twenty (20) feet, except that where both sides abut residential property a fifteen(15)foot alley may be used,with an easement 20 f and building line on both sides of at least two and one-half(2 1/2)feet and a five(S) foot cutoff at all acute corners. t See.24-15. Sidewalks. (a) A Certificate of Occupancy and Compliance for a lot shall not be issued until the sidewalk requirements'for that lot are met. Sidewalks shall be installed before the final plat may be filed-or a bond or cash payment as allowed by section 24-26(a)or(b)may be provided that guarantees the sidewalk will be installed within two(2)years of the final plat. A building permit includes the construction of any sidewalk that may be required for that lot. Sidewalks on at least one side of the public right-of-way with a minimum width of four(4) feet shall be installed by the subdivider along the following routes: (1) On all "safe school routes". "Safe school routes" shall be those which have been developed and designated by the Planning and Zoning Commission with. necessary assistance from the Transportation Department and appropriate affected .school authorities. (2) On all arterial and collector streets. (b) Where sidewalks are required,the Planning Commission is further authorized to designate and determine,in accordance with established criteria,whether sidewalks are required on both sides or one side of a given street,and shall insure that its decision with reference to sidewalks is communicated to the appropriate departments of the City. Sec. 24-16. Easements. (a) Minimum utility easements of between ten(10)and twenty(20)feet shall be provided along rear and side lot lines when necessary for use by public and private utilities. Provided, however, that the Planning Commission may require easements of greater width for the extension of main storm sewers, water lines or sanitary sewers and other utilities when it is deemed necessary. (b) Minimum drainage easements shall be required when a subdivision is ' traversed by a watercourse, drainage channel, stream or underground conduits. Minimum easements shall be adequate to provide for the drainage requirements as determined by the City Engineer or any local drainage districts. (c) Utility easements should be laid out with the following widths and locational order for each facility. 21 i (1) A 20 foot perimeter easement beginning at the property line; the 3 phone line should be offset 3.5 feet,the electrical lines offset 7 feet and the poles 9 feet, the sanitary sewer offset 13 feet, the cable television offset 16 feet and gas line offset at 18 feet. (2) For a 20 foot back to back easement beginning at the north or east line of the easement, the phone line should be offset 2 feet, the electrical lines offset 5 feet and the poles 7 feet, the sanitary sewer line offset 12 feet,the gas line offset 16 feet, and the cable television line offset 18 feet. (3) For a street right-of-way utility layout,the storm sewer should be 1.5 feet behind the curb,the gas line 5 feet,the sanitary sewer 7 feet with the water line on the other side of the right-of-way,electrical lines 10 feet,cable television 12 feet and telephone at 14 feet. A 5 foot utility easement adjacent to both sides of the right-of-way is required. (4) All utilities placed underground shall be at a depth of not less than 24 inches measured from top of curb or pavement. (5) Storm sewers shall be located within a dedicated right-of-way or a dedicated storm sewer easement,but not within a utility easement. Sec.24-17. Blocks. The lengths,widths,and shapes of blocks shall be determined with due regard for the following: (a) Blocks used for residential purposes should be of sufficient width to allow for two(2)tiers of lots of appropriate depth. Exceptions to this standard shall be permitted in blocks adjacent to major streets,railroad,or waterways. (b) Maximum block lengths for residential use should not exceed one thousand two hundred (1200) feet. Wherever practical,blocks along arterials should not be less than one thousand(1000)feet in length. Sec.24-18. Lots. (a) Lots shall have a minimum width, depth and area of not less than that s required by the zoning ordinance for the zoning district in which the lots are located. All lots shall abut a public or private street and shall abut the street no less than the required lot width for that lot with the exception of cul-de- sacs which shall have no less than twenty five (25) feet of frontage. Minimum lot widths within the extra territorial jurisdiction (ETJ) shall be based on proposed use corresponding to the zoning requirements if developed j within the city limits. Provided,however,that corner lots in RS,Residential Single-Family Dwelling Districts, shall have a minimum lot width of sixty 22 3 (60)feet. Side lot lines should be approximately at right angles or radial to street lines. i (b) The layout and arrangement of residential lots should provide for at least eighty (80) percent of the lots to have a north/south lot orientation which permits buildings to be oriented to the south with their long axis running east/west. To ensure maximum solar access opportunities, radial lot line requiren=ts may be modified to permit lot lines to be aligned from north to south on streets which do not have the east/west orientation. (c) Whenever a residential lot abuts two streets,one of which is an existing or proposed arterial street,the Planning Commission may require access on the nonarterial street and nonaccess reservation along the rear property line. Lots at major street intersections and at all other points where traffic flow may be affected shall be rounded, or otherwise located, so as to permit the construction of curbs having a radius of not less than twenty-five(25)feet without decreasing the normal width of the sidewalk area. Sec. 24-19. Street lights. (a) Street lights are required in all subdivisions developed after the effective date of this ordinance,consistent with the following criteria: (1) The minimum capacity of residential luminaries shall be one hundred (100) watt high pressure sodium (8500 lumens) or an approved equal. (2) Street lights shall be installed at all intersections and at additional locations not less than two hundred(200)feet apart. Locations shall be designated so as to provide an average separation of approximately two hundred fifty(250)feet. Variations shall occur only where lot widths and/or other conditions necessitate. (3) The subdivider,in cooperation with Gulf States Utilities Company, shall designate proposed street light locations on the preliminary plat. (4) The Director of Transportation shall approve street light locations and may require relocation of designated street lights and/or addition or deletion of street lights. (b) All costs associated with the construction and installation of street lights in subdivisions developed after the effective date of this ordinance shall be paid by the subdivider. Payment of said costs shall be a prerequisite to approval of the final plat of the subdivision. (c) Upon installation and acceptance of any public street light at a location 23 i established in accordance with the above guidelines,the City shall assume the monthly power and maintenance cost charges set in the current rate schedule. Sec.24-20. House numbers. House numbers will be allocated to lots. The house numbers will be coordinated with the master plan of house numbers within the city limits; i.e.,one house number to be allocated for each twenty(20)foot strip of lot width,the even numbers on one side of the street beginning with ten(10)and the odd numbers on the other side of the street beginning with five(S). Sec. 24-21. Street monuments,survey monuments and lot markers. (a) Concrete monuments,eight(8)inches in diameter by thirty(3 0)inches long, shall be placed at all corners of boundary lines and at curve points and angle points of a subdivision,and in any case,not more than one thousand(1000) feet apart. The exact intersection point on the monument shall be marked by a copper pin one-fourth(1/4)of an inch in diameter embedded at least three (3)inches in the monument. The top of the monument shall be placed flush with the natural ground or in the event grading is required it shall be placed flush with the finished grade. (b) The description and location of permanent survey reference monuments shall be shown. These shall be other than,and in addition to,markers set for block or lot corners. They shall be of concrete, of the same type as street monuments, and wherever practical,they shall be set so that the top of the monuments will be not less than twelve(12)inches below the ground surface after contemplated improvements are completed. (c) Lot markers shall be metal,concrete or other reasonably permanent material and shall be placed flush with the ground, or countersunk, if necessary, in order to avoid being disturbed. Sec. 24-22. Water and sanitary sewers. Utility easements and water and sewer facilities shall be provided by the subdivider in accordance with the standards and specifications for minimum water and sanitary sewer requirements on file in the Office of the Water Utilities Director for the City of Beaumont. Sec.24-23. Drainage and storm sewers. The subdivider shall provide for all storm water easements and improvements in accordance with the plans approved by the City Engineer. Such plans shall be identical to the plans which were submitted for purposes of approval of the preliminary and final plat. 24 f Sec.24-24. Shade trees in single-family residential districts. As a requirement of subdivision approval,the subdivider shall plant or retain one(1) shade tree in the required front yard of each lot. Acceptable shade trees shall include oaks, pines, Chinese tallows, elms, ginkgos (male preferred), sycamore, or other similar native shade tree species. Such trees shall be a minimum of six(6) feet in height immediately upon planting and have a two(2)inch caliper measured eighteen (18)inches from the ground. ARTICLE IV. ASSURANCE FOR COMPLETION OF IMPROVEMENTS. Sec.24-25. Completion of improvements. Before the final plat is signed by the Chairman of the Planning Commission and filed by the Secretary of the Planning Commission, the subdivider shall complete, in a manner satisfactory to the City Engineer, all improvements required in these regulations as approved by the Planning Commission. Final plat approval and i recordation shall not be granted until the subdivider has dedicated by instrument on the plat all public easements,property,and improvements,free and clear of all liens and encumbrances,and they have been accepted by the City Council. Sec. 24-26. Alternatives to completion of improvements. In lieu of requiring the completion of all improvements prior to the approval and recording of the final plat,the City Council may,at its discretion,enter into a contract with the subdivider whereby the subdivider shall provide one of the following guarantees: (a) The applicant shall post cash, a payment and performance bond, or an irrevocable letter of credit payable to the City of Beaumont in an amount equal to 130%of the estimated cost. This amount shall include the City's cost of administering the completion of the improvement in the event the subdivider defaults as provided herein. The security shall be deposited with ? the City or in escrow with a bank at the option of the City. Such bond or g letter of credit shall comply with all statutory requirements and shall be satisfactory to the City Attorney as to form, sufficiency, and manner of execution as set forth in these regulations. The period within which required improvements must be completed shall be specified by the Planning Commission and shall be incorporated in the bond or letter of credit. In those s cases where a bond or letter of credit has been posted and the required improvements have not been installed-within the terms of the bond or letter of credit,the government body may thereupon declare the bond or letter of credit to be in default and require that all of the improvements be installed. 25 I� I If a bank escrow is chosen,or if a letter of credit is submitted,the subdivider shall file with the City an agreement between the bank and the subdivider guaranteeing the following: (1) That the funds of said escrow account shall be held in trust until released by the City and may not be used or pledged by the subdivider as security in any other matter during that period; (2) And that in the case of a default on the part of the subdivider, the bank shall immediately make the escrowed funds available to the City for use in the completion of the required improvements. (c) (Reserved) (d) In those cases where improvement guarantees have been made under the provisions of this section of the ordinance, the amount of the required guarantee may be reduced by the City Manager upon acceptance of the dedicated portion of the required improvements. The amount of the reduction shall not exceed the percentage which the newly accepted improvements are of all originally required improvements. In no case, however, shall the guarantee be reduced to less than fifteen(15)percent of the original amount. Upon acceptance of the dedication of the final portion of improvements,the City shall authorize the release of the remaining portion of the improvement guarantee. Sec.24-27. Deferral of waiver of required improvements. (a) The Planning Commission may defer, reduce, or waive at the time of plat approval,subject to appropriate conditions,the provision of any or all such improvements as, in its judgement, are not necessary in the interest of the public health,safety,and general welfare,or which are inappropriate because of inadequacy or lack of connecting facilities. (b) Whenever it is deemed necessary by the Planning Commission to defer the construction of any improvements required herein because of incompatible '- grades, future planning, inadequate or lack of connecting facilities, or for other reasons, the subdivider shall pay his share of the costs of the future improvements prior to approval and recording of the final plat. In lieu of a cash payment, the subdivider may use one of the other improvement guarantees set forth in Section 24-25 of this ordinance. Sec.24-28. (Reserved) 26 n N f J ARTICLE V. ADMINISTRATION. See.24-29. Enforcement,violations and penalties,and civil remedies. (a) The provisions of this ordinance shall be administered and enforced by the City Manager or his designate. (b) Any person,firm,corporation or entity that violates or assists in the violation of any of the provisions of this ordinance,or fails to comply with any of the requirements thereof,shall be guilty of a misdemeanor and upon conviction shall be punished as provided for in Section 1-8 of the Code of Ordinances of Beaumont, Texas. Each day such a violation exists shall constitute a separate offense. (c) In order to enforce the provisions of this ordinance, the City Attorney is authorized to institute any civil action in the appropriate court upon the prior approval of the City Manager. Sec.24-30. Variances,exceptions and appeals. (a) (1) Where the Planning Commission finds that extraordinary hardships or practical difficulties may result from strict compliance with these regulations or that public interest may be served by an alternative proposal,it may approve variances to these subdivision regulations so that substantial justice may be done and the public interest secured provided that such variances shall not have the effect of nullifying the general intent and purpose of these regulations; and further provided that the Planning Commission shall not approve variances unless it shall make findings based upon the evidence presented to it in each specific case that: (a) The granting of the variance will not be detrimental to the public safety, health, or welfare or injurious to other property. (b) The conditions upon which the request for a variance is ` based are unique to the property for which the variance is sought and are not applicable generally to other property. (c) Because of the particular physical surroundings, shape or topographical conditions of the specific property involved, a particular hardship to the owner would result, as distinguished from a mere inconvenience,if the strict terms of these regulations are enforced. (d) The variance will not in any significant way vary the provisions of the Zoning Ordinance, Zoning Map, or Comprehensive Plan. 28 l (2) In approving variances,the Planning Commission may impose such conditions as swill, in its judgement, secure substantially the objectives of the standards or requirements of these regulations. (3) A petition for any such variance shall be submitted in writing by the applicant at the time when the preliminary plat is filed for the consideration of the Planning Commission or when a final plat is filed for consideration of the Planning Commission under the terms of Section 24-3 (8) of this code. The petition shall state fully the grounds for the application and all of the facts relied upon by the applicant. (b) (1) Exceptions for lot splits: the requirements of this ordinance shall not apply to the resubdivision of industrial lots or commercial lots,when four or fewer lots are involved and the resulting lots meet all the minimum lot area, width, and depth requirements of the Zoning Ordinance. (2) Exemptions from preliminary plat requirements: A preliminary plat shall not be required for the subdivision or resubdivision of a tract of land provided the following conditions exist or have been met: (a) Each block:and subdivided lot fronts upon a dedicated street or a private street or drive previously approved by the Planning Commission. (b) Provisions have been made for all utilities,easements,and improvements, required to serve each block and lot in accordance with the requirements of this chapter. (c) The.resulting lots meet the minimum tot area,width,depth and yard regulations for the zoning district in which the property is located; and (d) Existing buildings and structures located on the lots are in compliance with the fire wall regulations of the building code. Applicants using this exemption from preliminary plat requirements must submit and obtain approval from the Planning Commission for the final plat. Final plats accompanied by written evidence from the various utility agencies and departments that all drainage and utilities easements and improvements are satisfactory shall be submitted not less than three(3)working days prior to the Planning Commission t meeting at which consideration is requested. (3) Appeals: Any applicant aggrieved by any order, requirement, decision or determination made by the Secretary of the Planning 29 j Commission involving the administration, interpretation and . enforcement of this ordinance, may appeal the decision to the Planning Commission. Such appeal shall be made by filing an ' application setting forth that such decision was improper in whole or in part,and specifying the grounds for the alleged impropriety. Sec. 2431. Application fees. An application processing fee of three hundred($300)dollars shall be paid at the time of the filing of an application for preliminary plat,final plat,replat,or vacation of a plat. An application processing fee of$150 shall be paid at the time of filing of an application for a minor or amending plat. For resubdivision or replats involving advertising and public notification of surrounding property owners, an additional application processing fee of two hundred dollars($200)shalt be paid at the time of the filing of the application. When construction is required,such as on a preliminary plat,the subdivider shall pay an inspection fee equal to two(2%)percent of estimated construction cost at the time construction drawings are submitted to the City Engineer for approval or a registered professional engineer shall certify to the city that the development has been built according to the approved construction drawings and city standards after the completion of construction. 30 1 Section 3. That if any sedion,subsection,sentence,clause or phrase of this ordinance,or the application of same to a particular set of pasoins or circumstances,should for any reason be held to be invalid,such invalidity shall not affect the remaining portions of this ordinance,and to such end the various portions and provisions of this ordinance are declared to be severable. Section 4. All ordinance or parts of ordinances in conflict herewith are repealed to the extent of the conflict onlv. Section 5. Any person who violates any provision of this ordinance shall,upon conviction,be punished as provided in Section 1-8 of the Code of Ordinances of Beaumont,Texas. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 13th day of September , 1983. /s/William E.Neild - Mayor- 31 REVISIONS Ordinance 83-145, October 25, 1983, Sections 24-8(a)and 24-9(a) Ordinance 85-113, November 19, 1985, Sections 24-10(d) and added Section 24- 10(d)(9). Ordinance 91-83,October 8, 1991,Sections 24-7,24-8,24-9,24-10,24-13,24-15,24-16,24- 17,24-18,24-30(b)and 24-31. Ordinance 92-56,July 28, 1992,Section 24-26(c)deleted. Ordinance 92-55,July 28, 1992,Section 24-9(d). S 32