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HomeMy WebLinkAboutORD 91-83 ORDINANCE NO. 3 ENTITLED AN ORDINANCE AMENDING CHAPTER 24 OF THE CODE OF ORDINANCES OF THE CITY OF BEAUMONT PERTAINING TO SUBDIVISION REGULATIONS BY AMENDING SECTIONS 24-7, 24-87 24-9, 24-10, 24-13, 24-14, 24-15, 24-16, 24-17, 24-18, AND 24-31; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. That Chapter 24, Sections 24-7, 24-8, 24-9, and 24-10 of the Code of Ordinances of the City of Beaumont be amended to read as follows: 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 lJ -of_ -P /!J-- "P_ '9f shall be accompanied by a filing fee and thirty (30) 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 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 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 - 2 - 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 (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 - 3 - 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 expiration of the previous approval. (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 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 nd 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 - 4 - 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. Sec. 249. 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. (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 - (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. 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. (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 - 6 - 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 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. (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 Planning - 7 - Commission within thirty (30) days of submission of the plat in his office. 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. - 8 - (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. - 9 - (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. (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; (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; - 10 - (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. Section 2. That Chapter 24, Sections 24-13, 24-14, 24-15, 24-16, 24-17 and 24-18 of the Code of Ordinances of the City of Beaumont be amended to read as follows: Sec. 2413. 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 payment width of arterial streets shall be forty-four (44) feet to one - 11 - 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-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. - 12 - 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 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 - 13 - 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 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 - 14 - (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. Sec. 24-14. Alleys. The minimum width of any alley shall be twenty (20) feet, except that where both sides abut residential property a fifteen (15) foot alley may be used, with an easement and building line on both sides of at least two and one- half (2 1/2) feet and a five (5) foot cutoff at all acute corners. Sec. 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 - 15 - 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. (1) A 20 foot perimeter easement beginning at the property line; the 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. - 16 - (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. See. 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 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 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 - 17 - lines should state fully the grounds for the application and all of the facts relied upon 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 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 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 meeting at which consideration is requested. - 18 - (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 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. Section 3. That Chapter 24, Section 24-31 of the Code of Ordinances of the City of Beaumont be amended to read as follows: Sec. 24-31. 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 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 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) 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. Section 4. That if any section, subsection, sentence, clause or phrase of this ordinance, or the application of same to a particular set of persons or circumstances, should for any reason be held to be invalid, such invalidity shall not affect the remaining portions of this ordinance, and to such end the various portions and provisions of this ordinance are declared to be severable. - 19 - Section 5. All ordinance or parts of ordinances in conflict herewith are repealed to the extent of the conflict only. Section 6. 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 AA1 day of , 1991. - Mayor - - 20 -