HomeMy WebLinkAboutORD 19-052ORDINANCE NO. 19-052
ENTITLED AN ORDINANCE AMENDING CHAPTER 26, ARTICLE
26.01, SECTION 26.01.006(B); ARTICLE 26.02, SECTION 26.02.002,
SECTION 26.02.003 AND SECTION 26.02.004; AND, ARTICLE
26.05, SECTION 26.05.003 OF THE CODE OF ORDINANCES OF
BEAUMONT, TEXAS TO MAKE CHANGES RELATING
SUBDIVISION AND SITE DEVELOPMENT REGULATIONS;
PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL; AND
PROVIDING A PENALTY.
BE IT ORDAINED BY THE CITY OF BEAUMONT:
Section 1.
That Chapter 26, Article 26.01, Section 26.01.006(b) of the Code of Ordinances
of the City of Beaumont, be and the same is hereby amended to read as follows:
Sec. 26.01.006 Definitions
(b) Definitions. In the interpretation of this chapter, 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.
Filed. The day the application for the plan or plat is accepted as complete and placed on
the Planning and Zoning Commission agenda.
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.
Frontage. A property line abutting a public City, County, State or private street as
defined and approved herein. Frontage along an easement is allowable for commercial
lots that are within a planned commercial center where the easement is permanently
accessible to the public and the design and construction of the access improvements
are approved by the Planning Commission.
Lot. An undivided tract, plot or parcel of land intended as a unit for the purpose, whether
immediate or future, of transfer or 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.
Planning area. The planning area shall constitute an area beginning two (2) miles from
corporate limits of the city and extending out an additional three (3) miles to the
boundary of the five (5) mile extraterritorial jurisdiction.
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 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.
Section 2.
That Chapter 26, Article 26.02, Section 26.002 of the Code of Ordinances of the
City of Beaumont, be and the same is hereby amended to read as follows:
Section 26.02.002 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, digital copy
(pdf), shapefile (.shp), and five (5) copies of the preliminary plat providing the following
information:
(1) The title, or name, under which the proposed 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, shalt
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,
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 namesof 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 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 (FIRMs) 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 approve, approve with conditions,
or disapprove an application completed in accordance with the requirements of this
chapter 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 of 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. Review time may be
extended for an additional thirty (30) days if the applicant submits the request in writing
and this request is approved by the Planning Commission. Approval of the plat shall be
accompanied by a Certificate of Approval, signed by the chairman and secretary of 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 improvement 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 chapter.
(1) The Planning Commission shall provide the applicant a written
statement of I the conditions for the conditional approval or reasons for
disapproval that clearly articulate the reason for the conditional approval or
disapproval.
(2) The applicant may submit a written response that satisfies each condition
for the conditional approval or remedies each reason for disapproval at any
time following the conditional approval or disapproval. The Planning
Commission shall determine whether to approve or disapprove the applicant's
amended plat no later than the fifteenth (15th) day after the applicant's response
is submitted. If the review by the Planning Commission is not made within this
time, the plat shall e deemed to have been approved by the Planning
Commission.
(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 chapter within twenty-four (24) months from the date of preliminary
plat approval shall result in the expiration of the previous approval.
(1) Before the beginning of any construction on the proposed streets or 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 drawings a
development and review fee as specified in section 26.05.003 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 storm water sewers or drainage ways 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, wyes, 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.
Section 3.
That Chapter 26, Article 26.02, Section 26.02.003 of the Code of Ordinances of
the City of Beaumont, be and the same is hereby amended to read as follows:
Sec. 26.02.003 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 print, original tax
certificate(s), electronic file (.dwg), shapefile (.shp), digital copy (pdf), five (5) prints of
the final plat. Patching and the pasting of paperattachments is not acceptable. All
figures and lettering shall be neat and easily legible. 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 Planning Commission to be heard within thirty (30) days of
submission of the plat in his office.
(b) The Director of Planning shall approve, approve with conditions or disapprove a
final plat within thirty (30) days after the date the plat is filed for consideration.
(1) The Planning Commission shall provide the applicant a written
statement of the conditions for the conditional approval or reasons for "
disapproval that clearly articulate the reason for the conditional approval or
disapproval.
(2) The applicant may submit a written response that satisfies each condition
for the conditional approval or remedies each reason for disapproval at any
time following the conditional approval or disapproval. The Planning
Commission shall determine whether to approve or disapprove the applicant's
amended plat no later than the fifteenth (15th) day after the applicant's response
is submitted. If the review by the Planning Commission is not made within this
time, the plat shall be deemed to have been approved by the Planning
Commission.
(c) 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.
(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 corners, angle points, points of curve and
points of intersection of tangents shall be shown as permanently marked on the
ground. Completed dimensional data shall be given on fractional lots or tracts.
(7) Benchmark elevations will be established on at least one block corner of
each street intersection and in no case more than one thousand (1,000) feet
from any other benchmark. 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 (1,000) feet.
(9) A certificpte 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 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. cif all block corners in the subdivision have been staked at the time of
final approval, the surveyor's 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.
(d) 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.
(e) 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 (4) 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
Planning Commission to be heard within thirty (30) days of submission of the plat in his
office.
(f) The Planning and Zoning Commission shall approve, approve with conditions or
disapprove a minor plat that is referred from the Director of Planning within thirty (30)
days after the date the plat is filed for consideration.
(1) The Planning Commission shall provide the applicant a written
statement of the conditions for the conditional approval or reasons for
disapproval that clearly articulate the reason for the conditional approval or
disapproval.
(2) The applicant may submit a written response that satisfies each condition
for the conditional approval or remedies each, reason for disapproval at any
time following the conditional approval or' disapproval. The Planning
Commission shall determine whether to approve or disapprove the applicant's
amended plat no later than the fifteenth (15th) day after the applicant's response
is submitted. If the review by,the .Planning Commission is not made within this
time, the plat shall be deemed to have been approved by the Planning
Commission.
If the Planning and Zoning Commission fails to act on the plat within the prescribed
period, the plat shall be deemed approved. Review time may be extended for an
additional thirty (30) days if the applicant submits the request in writing and this request
is approved by the Planning Commission. Approval of the plat shall be accompanied by'
a Certificate of Approval, signed by the chairman and secretary of the Planning
Commission.
Section 4.
That Chapter 26, Article 26.02, Section 26.02.004 of the Code of Ordinances of
the City of Beaumont, be and the same is hereby amended to read as follows:
Sec. 26.02.004 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;
(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.
(5) If a proposed replat requires a variance or waiver, a public hearing must
be held by the Planning Commission.
(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 (5) years limited by any interim or permanent zoning
classification to residential use for not more than two (2) 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 (2) 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 the city; and
(B) Written notice, with a copy of section 26.02.004(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 the city) 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 the city.
(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 subsection (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.
(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 subsections
(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;
(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 (2)
adjacent lots where both lot owners join in the application of 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.
Section 5.
That Chapter 26, Article,26.05, Section 26.05.003 of the Code of Ordinances of
the City of Beaumont, be and the same is hereby amended to read as follows:
Sec. 26.05.003 Application fees
An application processing fee of three hundred fifty dollars ($350.00) shall be paid at the
time of the filing of an application for preliminary, final plat, replat, or vacation of a plat.
An application processing fee of two hundred dollars ($200.00) shall be paid at the time
of filing of an application for a minor or amended plat. For resubdivision or replats
involving advertising and public notification of surrounding property owners, an
additional application processing fee of two hundred dollars ($200.00) shall 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 a development review 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.
Rartinn R
That if any section, subsection, sentence, clause of 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 7.
That all ordinances or parts of ordinances in conflict herewith are repealed to the
extent of the conflict only.
Section 8.
That" any person who violates any provision of this ordinance shall, upon
conviction, be punished, as provided in Section 1.01.009 of the Code or Ordinance of
f Beaumont, Texas.
The meeting at which this ordinance was approved was in all things conducted in
strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter
551.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 27th day of
August, 2019.
ARTICLE 26.01 GENERAL PROVISIONS*
Sec. 26.01.001 Title
This chapter shall be known, cited and referred to as the "Subdivision Regulations of
the City of Beaumont, Texas." (Ordinance 83-95, sec. 2, adopted 9/13/83; 1978 Code,
sec. 24-1)
_ Zj Sec. 26.01.002 Adoption of statutes authorizing the regulation of
subdivisions
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 Texas Local
Government Code, section 212.001 et seq. 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.
(Ordinance 83-95, sec. 2, adopted 9/13/83; 1978 Code, sec. 24-2)
Sec. 26.01.003 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 ensure the development and maintenance of �a
healthy, attractive, planned, orderly and efficient community pursuant to the official
comprehensive plan for the city.
(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;
EXHIBIT "A"
(3) To provide for adequate light, air, and privacy, to secure safety from fire,
flood, and other dangers, 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 minimise
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 fiirther the orderly layout and use
of land; and to ensure proper legal descriptions and monumenting of
subdivided land;
(9) To ensure 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 ensure appropriate development with regard to these
natural features;
(12) To provide for open spaces through the most 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
subdivision are actually installed.
(Ordinance 83-95, sec. 2, adopted 9/13/83; 1978 Code, sec. 24-3)
L Sec. 26.01.004 Jurisdiction
(a) Except as otherwise provided herein, every owner of land situated within the
city, 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 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 (2) 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.
(Ordinance 83-95, sec. 2, adopted 9/13/83; 1978 Code, sec. 24-4)
Sec. 26.01.005 Scope of provisions
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 chapter 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. (Ordinance 83-95, sec. 2, adopted 9/13/83; 1978 Code, sec. 24-5)
Sec. 26.01.006 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 word "parcel," "plot," or "tract"; the word "shall" is mandatory and not
discretionary.
(b) Definitions. In the interpretation of this chapter, 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.
Filed. The day the application for the plan or plat is accepted as complete and placed
on the Planning and Zoning Commission agenda.
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.
Frontage. A property line abutting a public City, County, State or private street as
defined and approved herein Frontage along an easement is allowable for commercial
lots that are within a planned commercial center where the easement is permanently
accessible to the public and the design and construction of the access improvements
are approved by the Planning Commission.
Lot. An undivided tract, plot or parcel of land intended as a unit for the purpose,
whether immediate or future, of transfer or 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.
Planning ea. The planning area shall constitute an area beginning two (2) miles from
corporate limits of the city and extending"out an additional three (3) miles to the
boundary of the five (5) mile extraterritorial jurisdiction.
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 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.
(Ordinance 83-95, sec. 2, adopted 9/13/83; 1978 Code, sec. 24-6; Ordinance 16-006,
sec. 1, adopted 2/2/16)
ARTICLE 26.02 PROCEDURE AND PLAT REQUIREMENTS
Sec. 26.02.001 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. (Ordinance
83-95, sec. 2, adopted 9/13/83; Ordinance 91-83, sec. 1, adopted 10/8/91; 1978 Code,
sec. 24-7)
�L Sec. 26.02.002 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 d, igital
copy (.pdf), shapefile (.shp), and thkl3(30) five 5) copies of the preliminary plat
providing the following information:
(1) The title, or name, under which the proposed 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 toidentify 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,
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 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 (FIRMs) 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 aet Upe approve, approve with
conditions, or disapprove an application completed in accordance with the
requirements of this chapter within thirty (3 0) days from the filing date. If the plat is
disapproved, the Planning Commission shall inform the subdivider in writing of the
reasons of 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.
Review time may be extended for an additional thirty (30) days if the ap 1p icant
submits the request in writing and this request is approved by the Plannin
Commission Approval of the plat shall be accompanied by a Certificate of Approval,
signed by the chairman and secretM of 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
improvement 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 chapter.
(1) The Planning Commission shall provide the applicant a written
statement of the conditions for the conditional approval or reasons for
disapproval that clearly articulate the reason for the conditional approval or
disapproval.
(2) The applicant may submit a written response that satisfies each condition
for the conditional approval or remedies each reason for disapproval atm
time following the conditional approval or disapproval The Planning
Commission shall determine whether to approve or disapprove the applicant's
amended plat no later than the fifteenth (15 th) day after the applicant's response
is submitted If the review by the Planning Commission is not made within this
time, the plat shall be deemed to have been approved by the Plannin
Commission.
(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 chapter within twenty-four (24) months from the date of preliminary
plat approval shall result in the expiration of the previous approval.
(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
drawings a development and review fee as specified in section 26.05.003 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 storm water sewers or
drainage ways 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, wyes, 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.
(Ordinance 83-95, sec. 2, adopted 9/13/83; Ordinance 83-145, sec_ 1, adopted
10/25/83; Ordinance 86-46, sec. 1, adopted 5/6/86; Ordinance 91-83, sec. 1, adopted
10/8/91; 1978 Code, sec. 24-8)
` See. 26.02.003 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 fi4m print, original tax
certificate(s), electronic file eempatible—witlthe jeff-ersen--Ceuffty "„„'-eaisa
Distr n*sGe” hie MfoFmation System
(649) ,sotQ� (.dwg), shapefile
(.sit
hpi, digital copy (x f,�, and twenty fl) (25) printsoffinal plat. Patching and
the pasting of paper attachments is not acceptable. All figures and lettering shall be
neat and easily legible. 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
Planning_ Commission to be heard within thirty (30) days of submission of the plat in
his office.
,fib The Director of Planning shall approve, approve with conditions or disapprove
a final plat within thirty (30) days after the date the plat is filed for consideration.
(1) The Planning Commission shall provide the applicant a written
statement of the conditions for the conditional approval or reasons for
disapproval that clearly articulate the reason for the conditional approval or
disapproval.
Q The applicant may submit a written response that satisfies each condition
for the conditional approval or remedies each reason for disapproval at any
time following the conditional approval or disapproval. The Planning
Commission shall determine whether to approve or disapprove the applicant's
amended plat no later than the fifteenth (15th) day after the applicant's response
is submitted If the review by the Planning Commission is not made within this
time, the plat shall be deemed to have been approved by the Planning
Commission.
(c) 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.
(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 corners, angle points, points of curve and
points of intersection of tangents shall be shown as permanently marked on the
ground. Completed dimensional data shall be given on fractional lots or tracts.
(7) Benchmark elevations will be established on at least one block corner of
each street intersection and in no case more than one thousand (1,000) feet
from any other benchmark. 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 (1,000) 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 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 block corners in the subdivision have been staked at, the time of
final approval, the surveyor's 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.
(bd) 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.
(ce) 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 (4) 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
Planning Commission to be heard within thirty (30) days of submission of the plat in
his office.
(df) The Planning and Zoning Commission shall aet a approve, . approve with
conditions or disapprove a minor' plat that is referred from the Director of Planning
within thirty (3 0) days after the date the plat is filed for consideration.
The Planning_ Commission shall provide the applicant a written
statement of the conditions for the conditional approval or reasons for
disapproval that clearly articulate the reason for the conditional approval or
disapproval.
Q The applicant may submit a written response that satisfies each condition
for the conditional approval or remedies each reason for disapproval at any
time following the conditional approval or disapproval. The Plannin
Commission shall detej
�I
amended plat no later than the fifteenth (15th) day after the applicant's response
is submitted. If the review by the Planning Commission is not made within this
time, the plat shall be deemed to have been approved by the Planning
Commission.
If the Planning and Zoning Commission fails to act on the plat within the prescribed
period, the plat shall be deemed approved.the plam4ng and Z'eBfflig eel
request shaI4 issue a eeftifleate stating the date the piat was filed and that the p!
and ze dssien faRed *-� -met en the plat within the 434,1- day period. Th -e
eeftifleatee in plaeo of thendorsement - G[31 �.r�T the
f 4 ing of
the plat..
Review time may be extended for an additional thirty (30) days if the applicant
submits the request in writing and this request is approved by the Planning
Commission. Approval of the plat shall be accompanied by a Cert
signed by the chairman and secretary of the Planning Commission.
(Ordinance 83-95, sec. 2, adopted 9/13/83; Ordinance 83-145, sec. 1, adopted
10/25/83; Ordinance 91-83, sec. 1, adopted 10/8/91; Ordinance 92-55, sec. 1, adopted
7/28/92; 1978 Code, sec. 24-9)
�+ Sec. 26.02.004 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,
whieh paFties in interest and e4izens shaR have an eppeftunity to be hear- -,
(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.
Q If a proposed replat requires a variance or waiver, a public hearing mus
be held by the Planning Commission.
(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 (5) years limited by any interim or permanent zoning
classification to residential use for not more than two (2) 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 (2) 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 the city; and
(B) Written notice, with a copy of section 26.02.004(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 the city) 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 the
city.
(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 subsection (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.
(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
subsections (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;
(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 (2)
adjacent lots where both lot owners join in the application of 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.
(Ordinance 83-95, sec. 2, adopted 9/13/83; Ordinance 85-113, sec. 1, adopted
11/19/85; Ordinance 91-83, see. 1, adopted 10/8/91; 1978 Code, sec. 24-10)
State law reference—Replatting without vacating preceding plat, V.T.C.A., Local Government Code, sec. 212.014.
Sec. 26.02.005 Acceptance of dedication offers
Acceptance of offer of dedication of streets, utilities, public areas and parks shall be
by action of the Cily Council or Commissioners Court if located within the ETJ. 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. (Ordinance 83-95, sec. 2, adopted 9/13/83; 1978
Code, sec. 24-11)
�+ ARTICLE 26.03 GENERAL DESIGN PRINCIPLES AND SPECIFIC DESIGN
STANDARDS AND IMPROVEMENT REQUIREMENTS
Sec. 26.03.001 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 conceit. 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 streets
without bisecting the neighborhood. Collector streets should be designed
so as to discourage their use as cross-town, 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 multifamily 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.
(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 designed 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
provisions 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.
(Ordinance 83-95, sec. 2, adopted 9/13/83; 1978 Code, sec. 24-12)
See. 26.03.002 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
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 channelization 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 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 sixty-four (64), but less
than four hundred fifty (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-foot face of curb to face of
curb pavement. A street serving more than four hundred fifty (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 lager 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 thirty-two dwelling units. A double outlet
residential street, such as a loop configuration, shallserve no more than sixty-four
(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 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 -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 (2) other subdivision streets, the intersecting streets should form a
four -leg intersection or two (2) three -leg intersections offset at their centers by at least
one hundred fifty (15 0) 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.
L
(1) 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.
(2) 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 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.
(3) 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 accordance with city standards within six (6)
months of the end of the two-year period.
(4) 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.
(h) 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 non -access 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.
(i) 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.
0) 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
twenty-four (24) dwelling units and may be eight hundred (800) feet long as a cul-de-
sac. A rural street shall have a sixty -foot right-of-way with a twenty (20) foot concrete
pavement. Curbs are not required and open roadside ditches may be used for drainage.
No parking shall be allowed along a rural street right-of-way. Streetlights shall be at
each street intersection, but may be spaced at an average of six hundred (600) feet
between intersections.
(k) For subdivisions located within the planning area, as defined herein, street
design, construction and acceptance shall be in accordance with the standards set forth
in the Jefferson County Subdivision and Development Regulations and approved by
the county engineer. Curbs are not required and open roadside ditches may be used for
drainage.
(Ordinance 83-95, sec. 2, adopted 9/13/83; Ordinance 84-167, sec. 1, adopted
12/18/84; Ordinance 91-83, sec. 2, adopted 10/8/91; 1978 Code, sec. 24-13;
Ordinance 16-006, sec. 2, adopted 2/2/16)
Q`' Am Sec. 26.03.003 Alleys
The minimum width of any alley shall be twenty (20) feet, except that where both
sides abut residential property a fifteen -foot alley may be used, with an easement and
building line on both sides of at least two and one-half '(2-1/2) [feet] and a five-foot
cutoff at all acute corners. (Ordinance 83-95, sec. 2, adopted -9/13/83; Ordinance 91-
83, sec. 2, adopted 10/8/91; 1978 Code, sec. 24-14)
44 Sec. 26.03.004 Sidewalks
A certificate of occupancy and/or compliance for a lot shall not be issued until the
sidewalk requirements for that lot are met. When platting, sidewalks shall be installed
prior to the final building inspection. If the lot is not developed within five (5) years
of the recordation of the final plat, the current property owner shall construct the
sidewalk. A building permit includes the construction of any sidewalk that may be
required for that lot. Sidewalks shall be constructed under the following conditions:
(a) Residential.
(1) To complete an existing sidewalk system.
(2) Within new subdivisions.
(3) On all arterial and collector streets.
(4) 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 division
and appropriate affected school authorities.
(5) Sidewalks shall have a minimum width of four (4) feet if built a
minimum distance of two (2) feet from the back of the curb. Sidewalks
constructed at the back of the curb shall have a minimum width of five
(5) feet.
(b) Commercial and industrial.
(1) To complete an existing sidewalk system.
(2) Within new subdivisions.
(3) On all arterial and collector streets.
(4) 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 division
and appropriate affected school authorities.
(5) Sidewalks shall have a minimum width of five (5) feet.
(c) The Planning and ZoningCommission may grant a waiver to the sidewalk
requirement if the applicant can prove that there is an engineering reason for not
installing a sidewalk.
(d) For subdivisions located within the planning area, as defined herein, sidewalks
shall not be required.
(Ordinance 83-95, sec. 2, adopted 9/13/83; Ordinance 91-83, sec. 2, adopted 10/8/91;
1978 Code, sec. 24-15; Ordinance 10-050, sec. 1, adopted 6/29/10; Ordinance 12-074,
secs. 1-3, adopted 9/25/12; Ordinance 16-006, sec. 3, adopted 2/2/16)
Sec. 26.03.005 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 widths 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.
(1) A twenty -foot perimeter easement beginning at the property line; the
phone line should -be offset three and one-half (3-1/2) feet, the electrical lines
offset seven (7) feet and the poles nine (9) feet, the sanitary sewer offset
thirteen (13) feet, the cable television offset sixteen (16) feet and gas line offset
at eighteen (18) feet.
(2) For a twenty -foot back-to-back easement beginning at the north or east
line of the easement, the phone line should be offset two (2) feet, the electrical
lines offset five (5) feet and the- poles seven (7) feet, the sanitary sewer line
offset twelve (12) feet, the gas line offset sixteen (16) feet, and the cable
television line offset eighteen (18) feet.
(3) For a street right-of-way utility layout the storm sewer should be one and
one-half feet behind the curb, the gas line five (5) feet, the sanitary sewer seven
(7) feet with the water line on the other side of the right-of-way, electrical lines
ten (10) feet, cable television twelve (12) feet and telephone at fourteen (14)
feet. A five-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
twenty-four (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.
(Ordinance 83-95, sec. 2, adopted 9/13/84; Ordinance 91-83, sec. 2, adopted 10/8/91;
1978 Code, sec. 24-16)
,. Sec. 26.03.006 Blocks
The lengths, widths, and shapes of blocks shall be determined with due regard for the
following:
(a) Blocks used fot 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, railroads, or waterways.
(b) Maximum block lengths for residential use should not exceed one thousand two
hundred (1,200) feet. Wherever practical, blocks along arterials should not be less
than one thousand (1,000) feet in length.
ti
(Ordinance 83-95, sec. 2, adopted 9/13/83; Ordinance 91-83, sec. 2, adopted 10/8/91;
1978 Code, sec. 24-17)
See. 26.03.007 Lots
(a) Minimum width„ depth and area. 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. 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 extraterritorial jurisdiction (ET7) shall be based on proposed use
corresponding to the zoning requirements if developed within the city limits.
Provided, however, that corner lots 'in RS, Residential Single -Family Dwelling
Districts, shall have a minimum lot width of sixty (60) feet. Side lot lines should state
fully the grounds for the application and all of the facts relied upon the applicant [sic].
(b) Exception for lot splits; exemptions from preliminga plat requirements;
appeals.
(1) Exceptions for lot splits. The requirements of this section shall not apply
to the resubdivision of industrial lots or commercial lots when four (4) 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 lot 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 firewall 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
meeting at which consideration is requested.
(c) Appeals. Any applicant aggrieved by any order, requirement, decision or
determination made by the secretary of the Planning Commission involving the
administration, interpretation and enforcement of this section, 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.
(Ordinance 83-95, sec. 2, adopted 9/13/83; Ordinance 91-83, sec. 2, adopted 10/8/91;
1978 Code, sec. 24-18)
Sec. 26.03.008 Streetlights
(a) Streetlights are required in all subdivisions developed after the effective date of
this chapter, consistent with the following criteria:
(1) The minimum capacity of residential luminaires shall be one hundred
(100) watt high pressure sodium (8,500 lumens) or an approved equal.
(2) Streetlights 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 streetlight locations on the preliminary plat.
(4) The Director of Transportation shall approve streetlight locations and
may require relocation of designated streetlights and/or addition or deletion of
streetlights.
(b) All costs associated with the construction and installation of streetlights in
subdivisions developed after the effective date of this chapter 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 streetlight 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.
(d) For subdivisions located within the planning area, as defined herein, streetlights
shall not be required.
(Ordinance 83-95, sec. 2, adopted 9/13/83; 1978 Code, sec. 24-19; Ordinance 16-006,
sec. 4, adopted 2/2/16)
& a Sec. 26.03.009 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 number to
be allocated for each twenty -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). (Ordinance 83-95, sec. 2, adopted 9/13/83; 1978 Code, sec.
24-20)
Sec. 26.03.010 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 (1,000) 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) 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.
(Ordinance 83-95, sec. 2, adopted 9-13-83; 1978 Code, sec. 24-21)
Sec. 26.03.011 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.
(Ordinance 83-95, sec. 2, adopted 9/13/83; 1978 Code, sec. 24-22)
. Sec. 26.03.012 Drainage and storm sewers
The subdivider shall provide for all stormwater 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. (Ordinance 83-95, sec. 2, adopted 9/13/83; 1978 Code, sec.
24-23)
,*..a Sec. 26.03.013 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. (Ordinance 83-95, sec. 2, adopted 9/f3/83; 1978 Code,
sec. 24-24)
ARTICLE 26.04 ASSURANCE FOR COMPLETION OF IMPROVEMENTS
45 Sec. 26.04.001 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
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. (Ordinance 83-
95, sec. 2, adopted 9/13/83; 1978 Code, sec. 24-25)
-4t+ -See. 26.04.002 Alternatives to completion of improvements
In lieu of requiring the completion of all improvements, except sidewalks (see
subsection (5) below), prior to the approval and the recording of the final plat, the city
manager or his designee may, at his discretion, enter into an agreement with the
subdivider whereby the subdivider shall provide one of the following guarantees:
(a) The applicant shall post cash, a payment or performance bond, or an
irrevocable letter of credit payable to the city in an amount equal to one hundred thirty
(130) percent 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 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 city
manager or his designee 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 government body may thereupon declare the bond or letter of credit 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 and may not be used or pledged by the subdivider as security in any
other matter during that period;
4
(2) 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) In those cases where improvement guarantees have been made under the
provisions of this section, the amount of the required guarantee may be reduced by the
city manager upon acceptance of the dedicated portionxof 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.
(d) Connections to city utilities shall not occur until all improvements, except for
sidewalks, have been accepted by the city and the final plat has been approved and
recorded.
(e) On collector and higher classification streets, .except for residential streets,
sidewalks are required prior to the approval and recordation of the final plat. On non -
major streets, in lieu of requiring sidewalks prior to the approval and recording of the
final plat, the subdivider will place a note on the plat that sidewalks are required prior
to the final building inspection and will deed restrict each lot requiring the owner of
each lot to construct the sidewalk prior to the completion of the structure and the final
building inspection. At all street intersections, sidewalk ramps will be built to meet
ADA requirements prior to the approval and recordation of the final plat.
(Ordinance 83-95, sec. 2, adopted 9/13/83; Ordinance 92-56, sec. 1, adopted 7/28/92;
Ordinance 00-76, sec. 1, adopted 9/5/00; 1978 Code, sec. 24-26; Ordinance 12-074,
secs. 4-6, adopted 9/25/12)
Sec. 26.04.003 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 judgment, 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 26.04.001
[26.04.0021.
(Ordinance 83-95, sec. 2, adopted 9/13/83; 1978 Code, sec. 24-27)
.� ARTICLE 26.05 ADMINISTRATION
Sec. 26.05.001 Enforcement, violations and penalties, and civil
remedies
(a) The provisions of this chapter 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 chapter, 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 1.01.009 of the Code of Ordinances of the city. Each day such
a violation exists shall constitute a separate offense.
(c) In order to enforce the provisions of this chapter, the city attorney is authorized
to institute any civil action in the appropriate court upon the prior approval of the city
(Ordinance 83-95, sec. 2, adopted 9/13/83; 1978 Code, sec. 24-29)
4 Sec. 26.05.002 Variances, exceptions and appeals
(a) 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:
(1) The granting of the variance will not be detrimental to the public safety,
health, or welfare or injurious to other property.
(2) 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.
(3) 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.
(4) The variance will not in any significant way vary the provisions of the
zoning ordinance, zoning map, or comprehensive plan.
(b) In approving variances, the Planning Commission may impose such conditions
as will, in its judgment, secure substantially the objectives of the standards or
requirements of these regulations.
(c) 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 this chapter. The ,petition shall state fully the grounds
for the application and all of the facts relied upon the applicant.
(1) Exemptions for lot splits. The requirements of this chapter shall not
apply to the resubdivision of industrial lots, commercial lots, multiple -family
lots (or portions of 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;
M
(C) The resulting lots meet the minimum lot area, width, depth and
yard regulations for the zoning district in which the property is located;
(D) Existing buildings and structures located on the lots are in
compliance with the firewall regulations of the building code.
Applicants using this exemption from the 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 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 Commission involving the
administration, interpretation and enforcement of this chapter, 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.
(Ordinance 83-95, sec. 2,.adopted 9/13/83; 1978 Code, sec. 24-30; Ordinance
adopting Code)
. Zo See. 26.05.003 Application fees
An application processing fee of three hundreds dollars ($89:00) ($350.00) shall
be paid at the time of the filing of an application for preliminaM final plat, replat, or
vacation of a plat. An application processing fee of one two hundred dollars kV4G.09)
($200.00) shall be paid at the time of filing of an application for a minor or amended
plat. For resubdivision or replats involving advertising and public notification of
surrounding property owners, an additional application processing fee of two hundred
dollars ($200.00) shall 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 a
development review fee equal to two (2) percent of estimated construction cost at the
time construction drawings are submitted to the City Eng' eer 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. (Ordinance 83-95, sec. 2, adopted 9/13/88; Ordinance 91-
83, sec. 3, adopted 10/8/91; 1978 Code, sec. 24-31)