This article shall be known, and may be cited and referred to as the “Subdivision Ordinance” of the City of Horseshoe Bay, Texas.
(Ordinance 07-09-18F, sec. I(a), adopted 9/18/07)
The following words, terms, and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning. Words used in the present tense include the future tense. Words used in the plural number include the singular; words in the singular include the plural. The word “shall” is always mandatory. The word “may” is discretionary. The word “herein” means in this article.
The legal process by which land dedicated to public use may revert to private use.
Separated by common property lines or lot lines; adjacent, adjoining, contiguous or touching.
An owner or its authorized representative seeking approval of a proposed subdivision plat pursuant to these regulations.
The person or party responsible for the construction of buildings and/or other structures or permanent improvements on a platted lot or building site, as defined by the city inspector. The builder shall also be defined as the developer if responsible for platting or replatting of property and/or development of property, as herein defined.
Any structure for the support, shelter and enclosure of persons or movable property of any kind.
The City of Horseshoe Bay.
The individual or law firm appointed by the city council to render legal services for the City of Horseshoe Bay.
The city council for the City of Horseshoe Bay.
The individual, or their designee, whether an employee of or contracted by the city to perform such services, with responsibility to review and approve construction plans for development projects. He/she is also responsible for overseeing the construction of the development to ensure that it meets the requirements of the general design standards of the City of Horseshoe Bay.
The city’s chief administrative officer, as appointed by the city council. The term also includes the city manager’s designee.
Any man-made change to improved or unimproved property, including but not limited to buildings or other structures, paving, grading, drainage or utility improvements.
That part of the city which is the administrative agent for the implementation of this article.
The administrator of the development services department.
All areas with an elevation lower than a ground elevation, defined as being the highest elevation of the following:
One (1) foot above the base flood, calculated in accordance with criteria set forth by the city; or
Two (2) feet above the elevation required for peak discharge for the 100-year design flood, Alternate C, of the Flood Insurance Study, U.S. Department of Housing and Urban Development, Federal Insurance Agency.
A single unit providing complete, independent living facilities, and including a residential kitchen, bathroom, and provisions for living, sleeping and sanitation.
A grant of one or more of the property rights by the property owner to and/or for the use or benefit by the public, a corporation, or other person or entity. An easement shall be identified on a subdivision plat, or by a separate instrument and filed for record with the appropriate county clerk.
A person who is duly licensed and registered under the provisions of the Texas Engineering Practice Act (V.T.C.A., Occupations Code, chapter 1001), as amended, to practice the profession of engineering.
A group of drawings and specifications, including paving, water, wastewater, or other required plans, submitted to the city inspector for review in conjunction with a subdivision plat or development.
The unincorporated area that is contiguous to the corporate boundaries of the city, as further provided for in the Texas Local Government Code, chapter 42, as amended.
A shortened cul-de-sac on one side of a local street, or an informal open space created along a street that preserves an existing natural feature that is in the path of the street.
The federal agency which administers the National Flood Insurance Program.
Acceptance by the city of all the necessary public utilities and facilities and other required improvements constructed by a developer in connection with the development of land.
Any land area susceptible to being inundated by water from the base flood.
A drainage area designated on a plat to accommodate the base flood for existing creeks and open drainageways.
All of the property measured along the property line abutting on one side of the street.
A linear park, generally in or near a floodplain.
All streets, sidewalks, storm drainage facilities, water and wastewater facilities, utilities, lighting, transportation, and such other facilities as required by the city.
A physically undivided tract or parcel of land having frontage on or adjacent to a public or private street or roadway and which is, or in the future may be offered for sale, conveyance, transfer, or improvement; which is designated as a distinct and separate tract, and which is identified by a tract, lot number, symbol, or metes and bounds, whether or not in a duly approved subdivision plat which has been properly recorded.
A permanent structure set on a line to define the location of property lines, important horizontal subdivision control points, and other important features on a plat.
The owner of the land subject to the proposed subdivision.
A map, drawing, or chart on which subdivider’s plan of a subdivision showing the location and boundaries of individual parcels of land subdivided into lots, with streets, easements, etc., and drawn to scale is presented, which he submits for approval, and all copies of it. As used in this article, a plat includes final plats, replats, amending plats, abandoned plats and vacating plats.
A change to a final plat as permitted in section 10.03.232 of this article.
A map of a proposed subdivision of land prepared in a form suitable for filing of record with all necessary survey drawings, notes, information, affidavits, dedications and acceptances as required and approved under these regulations.
A final plat which is vacated through the procedures described in this article.
A plat of a subdivision which is under review by the city council in accordance with the requirements of these regulations and which has been filed with the development services division.
Any right-of-way not dedicated to the public and restricted to the use of certain property owners and their needs.
A formal nonprofit organization operating under recorded land agreements through which:
Each lot and/or homeowner in a specific residential area is automatically a member; and
Each lot or property interest is automatically subject to a charge for a proportionate share of the expense for the organization’s activities, such as the maintenance of common property; and
The charge if unpaid, becomes a lien against the nonpaying member’s property.
Any right-of-way, easement, or physical improvement of any kind for public use.
Any right-of-way dedicated to the public which is owned, accepted or controlled by the city, county, or state and maintained by same for use of vehicular traffic. This definition also includes streets dedicated to the public use although not maintained by the aforesaid governmental entities.
The city’s subdivision and development regulations.
The process of resubdividing all or any part of a final plat, which does not require the vacation of the entire preceding plat, but not including an amending plat.
The construction of one or more dwelling units.
A dividing line between a lot, tract, or parcel of land and the public right-of-way.
A solid opaque wall, constructed of rock, stone, brick, stucco or other masonry materials approved by the city, not less than six (6) feet in height measured at the highest finished grade, and designed by an engineer and constructed in accordance with the general design standards of the City of Horseshoe Bay.
A shared use path is a multi-use path designed for both transportation and recreation purposes. Shared use paths typically are separated from motorized vehicular traffic by an open space or barrier, either within a highway right-of-way or within an independent right-of-way.
A principal traffic artery of minimum fifty (50) feet right-of-way; and which may act as principal connecting street with a county road, state or federal highway, with the consent and permission of the federal or state highway department. Any portion of a lot used for access must be a minimum of fifty (50) feet in width.
A division of land situated within the city or in the ETJ of Horseshoe Bay into two or more parts to lay out:
A subdivision of the tract, including an addition;
Lots;
Streets, squares, parks, or other parts of the tract intended to be dedicated to public use or for the use of purchasers or owners of lots fronting on or adjacent to the streets, squares, parks, or other parts; or
A division of tracts under this article includes a division regardless of whether it is made by using a metes and bounds description in a deed of conveyance or in a contract for deed, by using a contract of sale or other executory contract to convey or by using any other method, including a condominium or multifamily scheme.
A licensed state land surveyor or a registered professional land surveyor, as authorized by the Professional Land Surveying Practices Act (V.T.C.A., Occupations Code, chapter 1071).
Use of an improvement built or maintained by an applicant in order to remedy a circumstance that is temporary in nature and that will be removed upon completion of the subdivision or shortly thereafter.
All contiguous property in common ownership.
An agreement by the owners of adjacent tracts or lots to consider their combined tracts or lots as a singular tract or lot under the provisions of the City of Horseshoe Bay building code.
An agency under public franchise or ownership which provides a regulated service to the public, such as electric, gas, or communication services.
The legal process by which platted land may be unplatted.
Modification of the provisions of these regulations, as applied to a specific piece of property, as further set out in division 12 of this article.
An easement established at the intersection of two streets in order to provide clear and unobstructed sight distances for drivers of vehicles turning from one street onto the other street. See Figure 1.
FIGURE 1  |
Within the visibility easement, the planting of trees or other vegetation or the location of structures over two and one-half (2-1/2) feet in height that would obstruct the clear sight across the area of the easement shall be prohibited. The easement shall provide right of entry to the city for the purpose of removing any object or vegetation that obstructs the clear sight across the easement. |
Relief from the provisions of these regulations, as applied to a specific piece of property, as further set out in division 12 of this article.
(Ordinance 07-09-18F, app. A, adopted 9/18/07; Ordinance 2021-28 adopted 8/24/21; Ordinance 2021-39, sec. II, adopted 10/12/21)
In order to achieve the orderly, efficient, and environmentally sound subdivision of land, the city must be provided with appropriate guidelines and development management mechanisms. This article, in conjunction with any other land use control tool as now or hereafter may be adopted by the city, provides those guidelines and mechanisms. It is the intent and stated purpose of this article to:
(1)
Provide for the orderly, efficient and economical development of residential, and commercial land uses, and community facilities, including transportation, water, sewage, drainage, parks, recreation and any other related element or service;
(2)
Guide and phase land development to maximize the utilization of existing and proposed public improvements;
(3)
Guide and regulate the financial impact of land development on municipal facilities, services, and capabilities;
(4)
Ensure that the comprehensive and coordinated plans affected by the various land use controls of the city are not negated by disorganized, unplanned and uncoordinated development which would create an undue burden and hardship on the community;
(5)
Establish and maintain municipal control over the character of development and the quality of community facilities and services;
(6)
Enhance the community aesthetically and to preserve and improve the quality of life within the community;
(7)
Promote the conservation of water resources; and
(8)
Promote the health, safety, morals and general welfare of the people, and the safe, orderly and healthful development of the community.
(Ordinance 07-09-18F, sec. I(b), adopted 9/18/07)
(a)
This article is adopted under the authority of the constitution and laws of the State of Texas, particularly chapter 212, Municipal Regulation of Subdivisions and Property Development of the Texas Local Government Code, and any other authority provided by law, and as such statutes may be amended.
(b)
Except as specifically provided otherwise herein, this article shall apply to all subdivisions and all related land development activities, as they are both defined herein, and all land, any part of which is located within the jurisdiction of the city. The jurisdiction of the city shall be defined as follows:
(Ordinance 07-09-18F, sec. I(c), adopted 9/18/07)
It is the intent that this article shall provide for the implementation of the comprehensive development plan, and any supplemental land use and community development policies that may be hereafter adopted by the city council. No plat or subdivision of land within the city or its ETJ shall be approved unless it conforms to such plans, policies and ordinances.
(Ordinance 07-09-18F, sec. I(d), adopted 9/18/07)
(a)
General
(1)
The development services manager shall have the primary responsibility to enforce these regulations and to bring to the attention of the city attorney, and any other appropriate authority, any violations or lack of compliance with these regulations. Any department, agency, employee or enforcement officer of the city having information regarding an alleged violation to this article, shall report that information to the development services manager.
(2)
No owner or agent of the owner, of any parcel of land located in a proposed final plat shall transfer or sell any part of the parcel before a final plat is duly recorded with the appropriate county clerk, as provided in this article.
(3)
The owner or owners of any building or premises or part thereof, where anything in violation of this article shall be placed or shall exist, and any architect, builder, contractor, agent, person or corporation employed in connection therewith, and who may have assisted in the commission of any such violation, shall be guilty of a separate offense and upon conviction shall be fined as herein provided.
(b)
Violations and penalties.
It shall be unlawful for any person to violate any section or subsection of this article or fail to comply with same. In addition to all other remedies and relief available to the city at law or in equity for a violation of this article, the following nonexclusive forms of relief shall be available to the city:
(1)
Within the corporate limits.
Any person who violates any of these regulations for lands within the jurisdiction of the city shall be deemed guilty of a misdemeanor and subject to a fine not to exceed two thousand and no/100 dollars ($2,000.00) per day, with each day constituting a separate violation, pursuant to the Texas Local Government Code, chapter 54, as amended.
(2)
Within the ETJ. A fine or criminal penalty prescribed by this article does not apply to a violation in the ETJ. The development services manager shall report violations to the city attorney and city manager to determine appropriate action.
(3)
Civil enforcement.
Appropriate civil actions and proceedings may be maintained in law or in equity to prevent unlawful construction, to recover damages, to impose additional penalties, to restrain, correct or abate a violation of these regulations, whenever such violation occurs with respect to lands within the jurisdiction of the city. These remedies shall be in addition to the penalties described above. The city may recover a civil penalty not to exceed one thousand dollars ($1,000.00) per day for violation of this article.
(4)
Withholding of subdivision acceptance.
The city may refuse to grant final acceptance of a subdivision that does not fully and completely comply with all terms and conditions of this article including, but not limited to, the refusal to issue building permits and certificates of occupancy, and the refusal to connect the property to city utilities and services.
(5)
In addition to any other remedy provided by law, the city and its officers have the right to enjoin any violation of this article by injunction issued by a court of competent jurisdiction.
(Ordinance 07-09-18F, sec. I(e), adopted 9/18/07; Ordinance 2021-28 adopted 8/24/21)
(a)
Decisions of the development services manager may be appealed to the city council. All appeals shall be submitted in writing to the city manager within thirty (30) days upon notification of the decision.
(b)
The city manager shall make a determination on the appeal within twenty (20) days of the submission of the appeal. In the event the person filing the appeal is dissatisfied with the determination of the city manager, he or she may present the matter to the city council at the next available regular meeting, who shall render a decision. The decision of the city council on the appeal shall be final.
(Ordinance 07-09-18F, sec. I(f), adopted 9/18/07; Ordinance 2021-28 adopted 8/24/21)
(a)
Conflicting orders.
If any other city order is in conflict with this article, the most stringent rules will apply. Nothing will be permitted under the provisions of this article that is in violation with another valid ordinance of the city.
(b)
Severability clause.
If any section, clause, paragraph, sentence or phrase of this article shall, for any reason, be held to be invalid or unconstitutional, such invalid section, clause, paragraph, sentence or phrase is hereby declared to be severable; and any such invalid or unconstitutional section, clause, paragraph, sentence or phrase shall in no way affect the remainder of this article; and it is hereby declared to be the intention of the city council that the remainder of this article would have been passed notwithstanding the invalidity or unconstitutionality of any section, clause, paragraph, sentence or phrase thereof.
(Ordinance 07-09-18F, sec. I(g), adopted 9/18/07)
Where a discrepancy exists between the requirements established in this article and the requirements of the construction codes, fire code, or any other applicable code or ordinance of the city, or any state law, then the more restrictive requirements shall apply.
(Ordinance 07-09-18F, sec. I(h), adopted 9/18/07)
All improvements required by this article shall be constructed and installed in accordance with the city design and construction standards (https://library.municode.com/tx/austin/codes/code_of_ordinances?nodeId=TIT25LADE_CH25-4SU_ART3PLRE), which are adopted and incorporated into this article by reference, with the exceptions and additional standards provided in the city drainage criteria manual, as may be revised by the city manager, or his designee, from time to time, and incorporated into this article by reference.
(Ordinance 2021-39, sec. III, adopted 10/12/21)