HomeMy WebLinkAboutORD 83-95 ORDINANCE NO. 8'3- 9s"'
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the City of Beaumont is hereby repealed.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Beaumont is hereby repealed and there is hereby enacted a new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:
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SUBDIVISION REGULATIONS
ARTICLE I . 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
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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,
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and other danger, and to prevent overcrowding
of the land and undue congestion of
population.
(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
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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 resub-
divisions, in order to further the orderly
layout and use of land; and to insure proper
legal descriptions and monumenting of sub-
divided 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.
( 12) To provide for open spaces through the most
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efficient design and layout of the land,
including the use of average density in
providing for minimum width and area of lots,
while preserving the density of land as
established in the zoning ordinance of the
municipality.
(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 subdivi-
sion 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, or
fractional parts thereof , shall first prepare a
plat in accordance with the provisions of this
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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 occu-
pancy 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.
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Sec. 24-5. These regulations shall supplement and facilitate the
enforcement of the provisions, standards, and specifi-
cations 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.
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
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interpretted 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.
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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.
Resubdivision: A change in an approved or
recorded subdivision plat if such change affects
any 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
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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, terms , and
conditions, including resubdivision.
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ARTICLE II. PRODECURE 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.
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 twenty-five dollar ($25) filing fee and
thirty ( 30 ) copies of the preliminary plat
providing the following information:
( 1 ) The title, or name, under which the proposed
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subdivision is to be 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
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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, easements,
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
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shown; however, if the surface is markedly
uneven, the Planning Commission may require a
contour map showing contour intervals of not
more than two (2 ) feet. Profiles of proposed
streets and alleys may be required.
( 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 Flood Insurance
Administration.
(13) The location of all existing pipeline ease-
ments 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 or
engineer 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.
( 16) 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
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Planning Commission shall inform the
subdivider in writing of the reasons for
such action. If said plat be not disapproved
within thirty ( 30 ) days 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 deter-
mination 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 twelve ( 12)
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 twelve ( 12) months from the
date of preliminary plat approval shall
result in the expiration of the previous
approval.
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(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 shall be filed with the City
Engineer. 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, speci-
fications 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
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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, wyes, valves, storm sewer
drains, inlets and other such features.
Connections with city utilities will not
be allowed unless and until the sub-
divider 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
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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 thirty dollar ($30) filing fee
with the original linen or mylar copy 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 respon-
sible for the surveys and the plat.
( 2 ) A definite legal description and identifica-
tion 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.
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( 3 ) The boundaries of the subdivided property
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
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information given, including the length of
tangents, central angle of curve, and the
chords and arcs of curve. Block corners,
angle points, points of curve and points of
intersection of tangents shall be shown as
permanently 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
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shall not be greater than one thousand (1000)
feet.
(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
any 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 surveyor or
engineer in charge, duly authenticated, that
the plat is drawn to scale, is true and
correct and in accordance with the determin-
ations 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 surveyor' s certificate
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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.
(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.
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,
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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
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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.
( 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:
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(A) publication at least 15 days in advance
of hearing being published in a paper of
general circulation in Beaumont; and,
(B) written notice (with a copy of Subdivi-
sion Two of this subsection attached
thereto) of such public hearing
forwarded by the Planning Commission to
owners ( as the ownerships appear on the
current tax roll of Beaumont) of all
lots in the immediately preceding
subdivision plat not less than 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; provided, however, if such
immediately preceding subdivision plat
shall contain more than 100 lots, such
notice shall be mailed only to those
owners of lots which are located within
500 feet of the lot or lots which are
sought to be replatted or resubdivided.
( 2 ) The Planning Commission shall require in any
resubdivision or replatting to which this
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subsection applies written approval of 66 2/3
percent of:
(A) the owners of all lots in such plat; or
(B) the owners of all lots in such plat
within 500 feet of the property sought
to be replatted or resubdivided if such
immediately preceding plat contains more
than 100 lots.
The provisions of Subdivision ( 2 ) of this
subsection shall, however, apply only if 20
percent, or more, of the owners, to whom
notice is required to be given, of the lots
in such plat a portion of which is sought to
be replatted or resubdivided file with the
Planning Commission written protest of such
replatting or resubdivision prior to or at
the hearing referred to in the notice of the
proposed replatting or re-subdivision. In
computing percentages of ownership, each lot
in such subdivi-sion shall be considered
equal to all other lots regardless of size or
number of owners, and the owners of each lot
shall be entitled to cast only one vote
per lot.
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( 3 ) Provided, however, compliance with
Subdivision ( 1 ) or ( 2 ) of this subsection
shall not be required for approval of a re-
platting 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.
(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 (8 ) , 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;
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( 2 ) to add any course or distance that was
omitted on the prior plat;
( 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;
(5 ) 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
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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; or
(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.
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.
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ARTICLE III. GENERAL DESIGN PRINCIPLES 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 Lan 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 Conce 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.
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( 2 ) Collector streets should disperse local
traffic to arterial streets 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
32
the more intense activity of the shopping
center and the quiet atmosphere of the single
family residential areas.
(7 ) The neighborhood shopping center is located
on arterial streets. This gives good access
both from within and outside of the neighbor-
hood. Residents of other areas can reach the
shopping center withou 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
33
LI) f&-�F5
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
34
utilities and drainage easements and improve-
ments 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 streets shall conform
to the Official Street and Highway Plan, the 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 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 pavement width of arterial streets
shall be forty-four ( 44) feet to one hundred ( 100)
feet from face to face of curb including channel-
ization and storage lanes as may be appropriate.
(b) The subdivider shall be required to dedicate
appropriate right-of-way for minor arterial
streets required within or abutting said
35
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 con-
structed 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 shall be constructed in new sub-
divisions by the subdivider. The city will pay
all increased costs associated with the
construction of said streets to the extent said
costs exceed that necessary to build a residential
street as defined herein. The right-of-way
required for collector streets shall be sixty ( 60)
feet in width. The pavement width shall be
36
0
thirty-six ( 36) feet from face to face of curb.
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
(5 0) feet in width. Pavement width shall be
twenty-six (26) feet from face to face of curb.
The City will pay the increase in cost when a
larger 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 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
37
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streets servicing less than fifteen ( 15) dwelling
units or one-way loop streets with no on-street
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 collector or arterial street intersec-
tions, 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 intersecting 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
38
12-'
(80) degrees are deemed necessary by the City, the
property line in the small angle of the intersec-
tion 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 side-
walk area.
( h) When the Planning Commission determines that the
most desirable residential plan required laying
out a dead-end street, the street shall terminate
in a cul-de-sac with a minimum radius of fifty
(50) feet and the dead-end street shall be no more
than six hundred (600) feet long, unless
topography, density, adequate circulation, or
other unusual conditions necessitate a greater
length.
( 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;
39
( 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.
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 and building line on both sides of at least
40
_4&e_/.s
two and one-half ( 2 1/2 ) feet and a f ive (5 ) foot
cutoff at all acute corners.
Sec. 24-15. Sidewalks.
( a) Sidewalks on at least one side of the public
right-of-way shall be installed by the subdivider
within two years from the date that the adjacent
street is approved and accepted by the City
Council 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 side-
walks is communicated to the Department of Urban
Transportation, Department of Water Utilities and
the Building Inspection Department of the City.
41
6 .
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.
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
42
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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 required by the zoning
ordinance for the zoning district in which the
lots are located. Provided, however, that corner
lots in RS, Residential Single-Family Dwelling
Districts, shall have a minimum lot width of 60
feet. All residential lots with minimum lot width
requirements shall abut a street. Side lot lines
should be approximately at right angles or radial
to street lines.
(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 requirements may be modified to permit
lot lines to be aligned from north to south on
streets which do not have the east/west
orientation.
43
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( 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 reserva-
tion 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 construc-
tion 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
luminaires 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 pro-
vide an average separation of approximately
two hundred fifty ( 250) feet. Variations
44
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 relo-
cation 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 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 numbering within the city limits; i .e . , one house
45
6�1
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 (5 ) .
Sec. 24-21. Street monuments, survey monuments and lot markers.
( a) Concrete monuments, eight (8 ) inches in diameter
by thirty ( 30) 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 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)
46
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.
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 ,
47
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.
48
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 improve-
ments required in these regulations as approved by the
Planning Commission. Final plat approval and
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 1300 of the estimated cost.
This amount shall include the City' s cost of
49
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 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 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 governmental body may there-
upon declare the bond or letter of credit to be in
default and require that all of the improvements
be installed.
(b) 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
50
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) When a subdivision is to be developed in several
sections, the Planning Commission may, at its
discretion, waive the use of a guarantee on the
initial section and on each subsequent section,
one at a time, provided that such sections may not
be larger than fifty ( 50) lots or one-third ( 1/3 )
of the total number of lots in the subdivision,
whichever is less. Approval and authorization to
record the final plat shall be limited to one
section at a time, with the approval and recording
of the final plat for each succeeding section
being contingent upon completion of all contracted
improvements in each preceeding section, and
acceptance of these improvements by the local
governing body . Completion of the improvements in
the final section of the subdivision which shall
include at least twenty-five ( 25) lots or twenty-
51
five ( 25 ) percent of all the lots in the
subdivision, whichever is less, must be guaranteed
through the use of one of the other methods
detailed in this section of the ordinance.
(d) In those cases where improvement guarantees have
been made under the provisions of this section of
the ordinance, the amount of the required guaran-
tee may be reduced by the City Manager upon
acceptance of the dedicated portion of the
required improvements. The amount of the reduc-
tion 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 or 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 judgment, are not
necessary in the interest of the public health,
52
safety, and general welfare, or which are inappro-
priate 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 incom-
compatible 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)
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ARTICLE V. ADMINISTRATION.
Sec. 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 diffi-
culties may result from strict compliance
with these regulations or that public
54
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 sur-
roundings , shape or topographical
conditions of the specific property
involved, a particular hardship to the
owner would result, as distinguished
55
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.
( 2 ) In approving variances, the Planning
Commission may impose such conditions as
will, in its judgment, secure substantially
the objectives of the standards or require-
ments 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 consider-
ation 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 ) Exemptions for lot splits: the requirements
of this ordinance shall not apply to the
resubdivision of industrial lots, commercial
lots, multiple family lots ( or portions of
56
such lots) , or condominium or "townhouse"
regimes in subdivisions legally platted and
filed for record in Jefferson County when 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 lot
area, width, depth and yard regulations
for the zoning district in which the
property is located; and
(d) Existing buildings and structures
57
a ,
i H
located on the lots are in compliance
with the fire wall regulations of the
building code.
Applicants using this exemption from the
preliminary plat requirements must submit
and obtain approval from the Planning Com-
mission 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
meeting at which consideration is requested.
( 3 ) Appeals: Any applicant aggrieved by any
order, requirement, decision or determi-
nation made by the Secretary of the Planning
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.
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Sec. 24-31. Application fees.
An application processing fee of twenty-five dollars
($25) shall be paid at the time of the filing of an
application for preliminary or final approval. For
resubdivision or replats involving advertising and
public notification of surrounding property owners, an
additional application processing fee of one hundred
dollars ($100) shall be paid at the time of the filing
of the application.
Section 3 .
That if any section, subsection, sentence, clause or phrase
of this ordinance, or the application of same to a particular set of
persons 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 ordinances or parts of ordinances in conflict herewith
are repealed to the extent of the conflict only .
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.
59
PASSED BY THE CITY COUNCIL of the City of Beaumont this
the /,3x,,jJ day of
Mayor -
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