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