(a)
Authority.
These subdivision regulations are adopted under the authority
of Tex. Loc. Gov't Code Ch. 212, subchapters A and B. The subdivision
regulations expressly extend to all areas inside the City limits and
throughout the City's extraterritorial jurisdiction.
(b)
Applicability.
The subdivision regulations apply to any non-exempt land division
or development within the corporate boundaries of the City and within
its extraterritorial jurisdiction. A final plat, a development plat
or a minor plat shall be approved prior to any non-exempt land division
or development.
(c)
Subdivision
Plat Exemptions.
The following land divisions are exempt
from the requirements of the subdivision regulations applicable to
subdivision plats:
(1)
Sale, inheritance, or gift of land by metes and bounds of tracts
upon which no improvements, development, subdivision or alteration
are intended;
(2)
Use of existing cemeteries complying with all State and local laws
and regulations;
(3)
A division of land created by order of a court of competent jurisdiction;
(4)
A division of land that results in the creation of two or more parcels,
each of which is greater than five acres inside the City limits, or
each of which is greater than ten acres within the City's extraterritorial
jurisdiction, when each parcel has direct access to an existing public
street, and no dedication of public facilities is required under these
subdivision regulations in connection with the division; and
(5)
Creation of a remainder tract.
(d)
Development
Plat Exemptions.
The following land divisions are exempt
from the requirements of the subdivision regulations applicable to
development plats:
(1)
Any development activity associated with a subdivision plat that
conforms to the requirements of these regulations applicable to such
plats;
(2)
Sale, inheritance, or gift of land by metes and bounds of tracts
upon which no improvements, development, subdivision or alteration
are intended;
(3)
Use of existing cemeteries complying with all State and local laws
and regulations;
(4)
Bona fide agricultural activities;
(5)
Construction of agricultural accessory structures and related development
activities; and
(6)
Construction of a single-family dwelling and related accessory structures
and development activities.
(e)
Waiver
of Regulations by Council.
The City may waive any regulation
contained herein upon determining, by the Council, that the observance
of such regulation would create an unnecessary hardship and/or such
regulation is not applicable to the development or current policies
of the City.
(Ordinance 2011-03-161 adopted 6/21/11)
(b)
Within
ETJ.
Within the extraterritorial jurisdiction of the
City, only a final plat is authorized, unless the land to be platted
is subject to an approved development agreement, in which case a preliminary
plat application may be submitted, as authorized by the agreement.
(c)
Combined
Plats Prohibited.
An applicant may not submit applications
for approval of a preliminary plat and a final plat simultaneously.
(d)
Development
Plats.
A development plat shall be approved prior to
development of any tract or parcel for which no subdivision plat is
required, or prior to development of any lot in a subdivision for
which dedication of any right-of-way for construction or maintenance
of public improvements is required by these regulations. A development
plat shall be required prior to approval of a manufactured home rental
community.
(Ordinance 2011-03-161 adopted 6/21/11)
For the purpose of interpreting these subdivision regulations,
certain terms, phrases and words used herein shall have the meaning
hereinafter as follows:
A minor public right-of-way, not intended to provide the
primary means of access to abutting lots, which is used primarily
for vehicular and utility service access to the back or side of properties
otherwise abutting on a street.
A revised plat correcting errors or making minor changes
to the original recorded final plat.
the line on a plat delineating the nearest point to which
buildings may be located to a street line, alley line or building
lot line.
The planning and zoning commission of the city.
A street, other than a cul-de-sac, with only one outlet.
A plat authorized under Tex. Loc. Gov't Code ch. 212, subchapter
B, depicting a lay-out of development for a proposed tract or lot
and providing for supporting public facilities.
A person duly authorized under the provisions of the Texas
Engineering Practice Act, as heretofore or hereafter amended, to practice
the profession of engineering, and when reference is made to city
engineer, the designation means either an engineer directly employed
by the city or the city's engineering consultants, as the case may
be.
A person duly authorized by the City Administrator who may
be employed by the city or by the city's engineering consultants,
as the case may be, and designated to inspect any portion or all of
the construction performed in the subdivision either on a part-time
or full-time basis. His duties shall consist of inspecting all work
during construction and/or after completion to determine compliance
with the plans, specifications and subdivision regulations, with authority
to stop the work during construction for noncompletion, if the work
is defective.
A public thoroughfare which is intended primarily to serve
as access to residential property within a neighborhood interior or
limited residential district and is not aligned or located to attract
other than limited local traffic movements.
An undivided tract or parcel of land having frontage on a
public street and which is, or in the future, may be offered for sale,
conveyance, transfer or improvement as a building site; which is designated
as a district and separate tract.
A proposed plat with no more than four contiguous lots, with
said lot or lots fronting on an existing street, and not requiring
the creation of any new street or any public improvements.
the map, drawings or chart on which a subdivider's or developer's
plan is presented and which he submits for approval. The term “plat”
includes a preliminary plat, final plat, minor plat or development
plat, as the context may indicate.
Replatting is the rearranging of any part of a block, street,
or alley of a previously platted subdivision.
The official designated by the City Administrator to process
or make administrative decisions regarding the processing or application
of standards to plat applications under these subdivision regulations.
Street width is the shortest distance between the lines which
delineate the right-of-way of the street.
Any person or agent thereof, dividing or proposing to divide
land so as to constitute a subdivision as that term is defined herein.
In any event, the term “subdivider” shall be restricted
to include only the owner, equitable owner or authorized agent of
such owner, of the land sought to be subdivided.
A division of any tract of land situated within the corporate
limits, or within the extraterritorial jurisdiction of the city, into
two (2) or more parts for the purpose of laying out any subdivision
of any tracts of land or any addition of any town or city, or for
laying out suburban lots or building lots, or any lots, and streets,
alleys or parts or other portions intended for public use or the use
of purchasers or owners of lots fronting thereon or adjacent thereto
for the purpose, whether immediate or future, of creating building
sites. Subdivision, does not include the division of the land for
agricultural purposes in parcels or tracts of five (5) acres or more
which do not involve the creation of any new street, alley or easement
of access.
A licensed state land surveyor or registered public surveyor
as authorized by the state statutes to practice the profession of
surveying.
The City of New Fairview's Technical Construction Standards and Specifications for the design and construction of subdivision improvements, a copy of which is maintained and available for inspection at the office of the City Secretary, and which is incorporated herein by reference. Until such TCSS Manual is prepared and adopted the engineering standards set forth in Articles 6 and 7 of the Subdivision Rules and Regulations (Ord. 96-01-0005), shall be effective.
(Ordinance 2011-03-161 adopted 6/21/11)
For newly annexed land, no plat or permits may be approved for
any use or lot that is not in conformity with the use, use intensity,
lot size and dimensional standards for the lowest intensity residential
zoning district in the City's adopted zoning ordinance, until the
annexed property has been permanently classified on the zoning district
map. Following annexation, no plat application will be deemed complete
for any uses, intensity of use, dimensions or lot sizes not authorized
in the lowest intensity zoning district, until the annexed property
has been permanently classified on the zoning district map.
(Ordinance 2011-03-161 adopted 6/21/11)
(a)
Time
Period/or Action.
All plat applications shall be acted upon within 30 days from the date the application is determined to be complete pursuant to section 2-1, unless a waiver is submitted in accordance with subsection (b) below.
(b)
Waiver
Requests.
An applicant may request in writing a waiver
of the decision time. The waiver request shall contain a statement
of the reasons for the waiver and the time for which a waiver is sought.
Waiver requests which have not been received by the responsible official
on or before the fourth calendar day prior to the Commission meeting
at which action is to be taken on the plat application shall be deemed
denied and action shall be taken on the plat application at such meeting
as scheduled.
(c)
Action
on the Waiver Request.
The decision-maker shall take
action on the waiver request within the 30-day period for acting on
the plat. Where the Commission or the Council is the decision-maker,
action on the waiver request shall be taken at the meeting at which
the plat is scheduled for decision. If the waiver is granted, action
on the plat application shall be tabled for a time certain consistent
with the approved waiver.
(Ordinance 2011-03-161 adopted 6/21/11)
