ARTICLE 9.02 SUBDIVISIONS <a id="ref39094827-1" href="#ft39094827-1" class="footnoteref" > [1]

Having an interest in land, causes it, directly or indirectly, to be divided into a subdivision;

Directly or indirectly sells, leases or develops, or offers to sell, lease or develop, or advertises for sale, lease or development, any interest, lot, parcel, site, unit or plot in a subdivision;

Engages directly or through an agent in the business of selling, leasing, developing or offering for sale, lease or development a subdivision or an interest, lot, parcel, site, unit or plot in a subdivision; and

Is directly or indirectly controlled by, or under direct, or indirect common control with any of the foregoing.

All persons who, after the above events described in this definition occur, shall be considered to have an interest in land whether as buyer or lessee and shall be a subdivider.

Subdivision

means the division of any lot, tract or parcel of land by plat, map or description into two or more parts, lots or sites for the purpose, whether immediate or future, of sale, rental or lease, or division of ownership. Any dedication and the laying out or realignment of new streets, or other public or private access ways, with or without lotting, shall constitute a subdivision. Subdivision shall also include the resubdivision and replatting of land or lots that are part of a previously recorded subdivision. The term “addition” means a subdivision as defined herein. The term “subdivision” shall also include the division of land whether by plat or by metes and bonds description and, when appropriate to the context, shall relate to the process of subdividing or to the land subdivided.

Land divided solely because of a partition deed, devise or intestacy shall not be considered a subdivision, providing the resulting land ownerships are consistent with the terms of the partition deed, the probated will or the intestacy law. However, a plat showing such division and resulting ownerships must be filed with the city council.

A gift of land shall not be considered as a subdivision providing it is totally a gift of love and affection only and a timely federal gift tax return is to be filed and a copy of the same is filed with the city council together with a plat showing the division and resulting ownerships. In the event a gift was not of sufficient value for a federal gift tax return to be filed, then an affidavit stating such fact together with the plat showing the division and resulting ownerships may be filed in lieu of the federal gift tax return copy.

Used or occupied,

as applied to any land or building, means and shall be construed to include the terms “intended, arranged or designed to be used or occupied.”

(1991 Code, sec. 28-2; Ordinance 276, sec. 34, adopted 3/8/79; Ordinance 05-601, sec. I, adopted 6/23/05; 2007 Code, sec. 38-2; Ordinance 21-893, sec. 1, adopted 3/11/21; Ordinance 25-990 adopted 4/10/2025)

§ 9.02.003 Violations and penalties.

Violation of the provisions of this article or failure to comply with any of its requirements, unless a variance has been granted by the council, shall constitute a misdemeanor. Nothing herein contained shall prevent the city from taking such other lawful action as is necessary to prevent or remedy any violation.

(1991 Code, sec. 28-3; Ordinance 276, sec. 37, adopted 3/8/79; 2007 Code, sec. 38-3)

§ 9.02.004 Determination.

The following rules, regulations and procedures are determined by the city council as absolutely essential and necessary to promote the public health, welfare, safety, morals and general welfare of the city and assist in providing for the orderly development and growth in the city.

(1991 Code, sec. 28-4; Ordinance 276, sec. 2, adopted 3/8/79; 2007 Code, sec. 38-4)

§ 9.02.005 Purpose and intent.

Purpose.

The purpose of these subdivision regulations is to provide for the orderly, safe and healthful development of the area within the city’s jurisdiction; to promote the health, safety and general welfare of the community at large; and to provide for the orderly and reasonable protection and preservation of the various characteristics of the physical environment.

Intent.

In order to implement the purpose of these regulations it is the city’s intent to provide in this article reasonable means toward the end results that:

The development of land and subdivisions shall be of such nature, shape and location that the utilization thereof will not impair the general welfare of the community at large, and to minimize against the dangers of fires, floods, land erosion and landslides or other such menaces.

Proper utilities and services for adequate drainage, water supply and disposal of sanitary and industrial waste will be provided.

Streets and other circulation systems will be safe, convenient and functional systems for vehicular and pedestrian access and circulation.

Adequate and appropriate sites for schools, parks, recreation, open space and other community services and facilities required by the community will be available.

The existing topography, vegetation and wildlife of the community with respect to the natural beauty and environmental amenities thereof will be protected, preserved and enhanced in an orderly and reasonable manner.

§ 9.02.006 Application and jurisdiction of regulations.

All subdivision and land development, whether for residential or nonresidential purposes, directly relates to the city’s adopted comprehensive plan subject to reasonable variations.

(1991 Code, sec. 28-5; Ordinance 276, sec. 3, adopted 3/8/79; 2007 Code, sec. 38-5)

Compliance with regulations.

No person shall create a subdivision of land within the corporate limits of the city or within the extraterritorial jurisdictional area (or apportioned extraterritorial jurisdictional area as mutually agreed upon by the governing bodies of the cities concerned) without complying with the provisions of these regulations and those required by the state. All plats and subdivisions of any such land shall conform to the rules and regulations set forth herein.

When platting required.

Every owner of any tract of land situated within the corporate limits or extraterritorial jurisdictional area who may hereafter divide the same in two or more parts for the purpose of laying out any subdivision (whether for residential or nonresidential purposes) of any tract of land or any addition to the city, or for laying out lots, parcels or building 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, shall cause a plat to be made thereof in conformance with the provisions of these regulations.

§ 9.02.007 Administration and enforcement.

Extraterritorial jurisdiction.

The city has and shall exercise its extraterritorial jurisdiction concerning land not within the city’s corporate limits as cited in V.T.C.A., Local Government Code chapter 42, with respect to subdivision platting and land development.

(1991 Code, sec. 28-6; Ordinance 276, sec. 4, adopted 3/8/79; 2007 Code, sec. 38-6)

Duties and responsibilities of processing, reviewing and approving bodies.

City manager.

The city manager shall act as the ex officio secretary for the city council responsible for processing plans and plats, referring such to the city planner/engineer, city council and city attorney for review, filing required legal notices, and notifying adjacent property owners affected by plans and plats that are submitted to the city. The city manager shall file all final plats in the county clerk’s office on behalf of the city, when authorized by the council. The city manager shall be a permanent city staff employee in conformance with city policies and procedures.

City attorney.

The city attorney shall be responsible for preparing all legal forms, certificates and other legal documents identified elsewhere in this article, except those which are to be furnished by the applicant. He shall approve the content and form of any required legal document associated with the subdividing and platting of land prior to such approval and execution by the city council.

City planner/city engineer.

The city planner/city engineer shall be responsible for reviewing and making recommendation to the city council on all preliminary plans, short form and final plats; and [shall] approve all construction development plans and specifications, and related supporting documents (other than those described in subsection (a)(2) of this section) and approve the installation of all public improvements in the subdivision prior to acceptance by the city.

City council.

The city council shall be responsible for reviewing and approving all preliminary plans, short form and final plats and supporting documents. The council shall adopt rules and regulations governing the submittal and review of plans and plats which govern its action, consistent with the provisions of this article, and file same in the office of the city secretary. The council shall approve or disapprove any preliminary plan, short form or final plat and related supporting documents, within 35 days from the date of the meeting at which such good and sufficient cause to table such action is necessary in order to obtain additional needed information [sic], or for plan/plat revisions by the applicant in order to comply with this article. The city council shall give final approval on all final plats. The council shall approve final acceptance of work done in the subdivision relating to streets, utilities, drainage and other public features, upon recommendation of the city engineer.

Filing and review fees, and applications.

Whenever any preliminary plan, short form or final plat, or request for street, alley, easement or plat vacation is filed with the city, such application (on city forms) shall be accompanied by a filing and review fee, in such amounts as may be set forth from time to time by the city council.

Effect of approval of plans and plats.

Preliminary plan.

Upon approval of the preliminary plan by the city council, three signed and dated copies thereof shall be executed by the council. One such copy shall be retained in the permanent files of the city secretary, one copy to the city planner/engineer’s office for its file, and one copy to the developer of the subdivision for his file. Approval of the preliminary plan by the council shall not be construed as final acceptance nor approval of the subdivision but merely indicates general concurrence with the layout and proposals contained therein. Plan approval does, however, authorize the developer to proceed with “rough” cutting of streets only if he so chooses, and encourages the developer to proceed with the preparation of final construction drawings and specifications required for the development of the subdivision and to proceed with the preparation of the final plat. A digital review is required prior to submission. Each review will be assessed a review fee.

Short form and final plats.

Any short form subdivision plat submitted in which public utilities are already in place and drainage provisions have been made, shall be forwarded to the city council for its approval and signatures. Distribution of signed and approved short form plats shall be the same as for final plats. No sale of any lot within the subdivision may be consummated until the final plat has been approved by the city and duly filed in the county clerk’s office. Four signed and dated copies shall be executed by the city council, attested by the city secretary, and dated thereof. When the plat has been approved and signed by the council, the city manager shall be directed to cause the plat and supporting documents thereof to be filed in the county clerk’s office within 15 days of such authorization. The city manager shall then retain one signed copy with street address numbers in its permanent engineering files, transmit one copy to the council for its permanent file, one copy to the city planner/engineer for its file and placement on the city’s official base map, and one copy to the subdivider for his file. All final plats shall be substantially in accord with the previously approved preliminary plan of the subdivision. The final plat shall be submitted for approval by the city within one year of the date the preliminary plan of the subdivision was approved by the council, otherwise approval of the preliminary plan shall be deemed null and void and the developer will be required to resubmit a preliminary plan. The council may, however, grant a reasonable extension of time to the developer for submitting the final plat beyond the one-year period, upon written request and justification thereof by the developer. A digital review is required prior to submission. Each review will be assessed a review fee.

Compliance with ordinances.

No building permit shall be issued on any land forming any part of a subdivision unless the applicable provisions of this article have been complied with as well as all other applicable ordinances of the city referring to building permits and the plat has been filed of record.

Enforcement.

In addition to other remedy provided by law, the city and its officers shall have the right to enjoin any violation of these regulations by injunction issued by a court of competent jurisdiction.

§ 9.02.008 General type and character of plans and plats to be submitted.

Changes on preliminary or final plats when resubmitting.

The developer and qualified professional land planner, landscape architect, civil engineer or land surveyor trained and experienced in land subdivision design, are to document (on a separate sheet) and sign any changes on any preliminary or final plats when resubmitting them to the city council. Any supporting documents shall be noted with the name and address of the person preparing them.

(1991 Code, sec. 28-7; Ordinance 276, sec. 5, adopted 3/8/79; Ordinance 06-616, sec. 1, adopted 12/8/05; 2007 Code, sec. 38-7; Ordinance 21-893, sec. 2, adopted 3/11/21)

Preliminary plan.

Purpose.

The preliminary plan is intended to indicate all planning factors and considerations necessary to enable the city to determine whether the proposed plan for land development or redevelopment is satisfactory from the standpoint of the public interest. The plan, related supporting documents and the review thereof are intended to produce a subdivision design in which all applicable planning factors have been recognized and reconciled, as distinguished from a final plat in which the engineering factor of dimensional precision is the predominant objective.

Plan preparation.

The preliminary plan drawing shall ordinarily be prepared by a qualified professional land planner, landscape architect, civil engineer or land surveyor trained and experienced in subdivision design. Accompanying legal instruments and attendant documents shall ordinarily be prepared by a qualified professional attorney-at-law trained and experienced in such matters. Six copies of the preliminary plan and supporting documents shall be filed with the city manager not less than 14 days before a meeting is held thereon by the council.

Type and scale of plan drawing.

The preliminary plan shall be drawn in ink on reproducible Mylar, tracing linen or tracing vellum with all information shown thereon enclosed by heavy border line. The plan drawing scale shall be one inch equals 100 feet, provided that when special conditions warrant, a smaller or larger scale may be accepted when prior approval of the city manager has been obtained. The plan and supporting documents shall contain the information prescribed in section 9.02.009.

Final plat.

Purpose.

The final plat is that instrument which, along with its related supporting documents, becomes the official, accurate, permanent record of the subdivision of land. It shall substantially conform to the preliminary plan as approved by the council, and may include all or only a portion of the approved preliminary plan. No final plat may be recorded in the office of the county clerk until such plat shall first have been approved by the council, and no lot or parcels within the subdivision may be sold or conveyed until the final plat therefor has been approved and duly recorded in the county clerk’s office.

Plat preparation.

The final plat drawing shall be prepared by a registered professional civil engineer, or registered land surveyor, duly licensed by the state, who may legally certify as to the accuracy thereof. Six copies of the final plat and supporting documents shall accompany each application for final plat approval.

Type and scale of plat drawing.

The final plat shall be drawn in ink on reproducible Mylar, tracing linen or tracing vellum, with all information shown thereon enclosed by a heavy border line. The plat drawing scale shall be one inch equals 100 feet or larger. The plat drawing and supporting documents shall contain the necessary information prescribed in section 9.02.010.

Final approval by sections.

A subdivider may, at his option, elect to obtain final plat approval by sections or portions of the tract being divided, provided that such tract contains a minimum of 15 acres. If a subdivider so elects, he shall submit a master preliminary plat, identified as such, which master preliminary plat shall comply in all respects with the requirements for preliminary plats contained in subsection (a) of this section. The master preliminary plat shall also be accompanied by evidence of notice to all utility providers, whether public or private, of the intent to subdivide, the intended use of the property within the subdivision, and evidence that such utility providers were furnished a copy of the master preliminary plat that is filed with the city. Each final plat of each such section or portion shall comply fully with the requirements set forth herein for final plats. An updated master preliminary plat shall be submitted with each application for a final plat to reflect all sections or portions previously finally platted and the new section or portion of the tract being divided. Provided, further, that each final plat of each such section or portion shall bear the name of the entire subdivision, but shall be distinguished from each other section or portion by letter, number or subtitle. Block numbers shall run consecutively throughout the entire subdivision, even though such entire subdivision may be finally approved by sections or portions. Each subsequent final plat shall comply in full with the master preliminary plat; amendments to the master preliminary plat may be accomplished only through the formal replat of such master preliminary plat. Provided, further, that it shall be unlawful for any person to construct any street, utility facility, building, structure or other improvement on the remaining portion of such subdivision for which a final plat has not been recorded. Submission of a master preliminary plat for final approval must be accompanied by a nonrefundable application fee in the amount established by resolution adopted by city council.

The approval status of any such master preliminary plat shall be contingent upon final platting of the entire area within the boundaries the master preliminary plat in a timely manner. To such end, the city council shall establish a term for the approval of any master preliminary plat, which term shall take into account the size and nature of the entire proposed development. The term of approval for a master preliminary plat shall be not less than two years or more than five years, and may require the final platting of minimum portions of the territory subject to the master preliminary plat within specified schedules. Provided, however, that upon the showing of good cause, the city council may extend final platting timelines for periods not to exceed one year. Failure to obtain final plat approvals within the required approval time frames shall require reapproval of the areas within the master preliminary plat boundaries for which final plat approval has not been obtained. Any preliminary and final plat approvals thereafter shall be subject to the rules and regulations governing plats and subdivisions in effect at the time such new applications are filed.

Short form plat.

Purpose.

A short procedure for subdividing land may be followed to obtain subdivision approval when the land proposed to be subdivided, resubdivided or replatted meets the following conditions and requirements:

Such land abuts upon a major street of adequate width and is so situated that no additional streets and no alleys, major easements or other public property is required in order to meet the requirements of this article.

The perimeter of the tract being subdivided has been surveyed and marked on the ground and a plat thereof prepared and filed with the city secretary, and the nearest corner of each lot or parcel of such proposed subdivision is tied to a known corner which is adequately marked by a concrete monument or iron stake.

The topography of the tract and the surrounding lands is such that no regard need to be given in such subdivision to drainage or, where drainage facilities are required, arrangements have been made for the construction of such facilities.

The utilities, as required by the city, are in place to serve each parcel or lot of such subdivision, or resubdivision or replat, or arrangements to provide such utilities have been made.

An environmental assessment, as described in section 9.02.009(c)(2), is not required.

The subdivision for which the short form plat is made does not include more than five lots.

Plat preparation.

The short form plat drawing and supporting documents shall be prepared as prescribed for a final plat noted in subsection (b)(1) of this section.

Type and scale of plat drawing.

The requirements prescribed in subsection (b)(3) of this section for final plats of these regulations, shall apply to the short form plat.

Development plats.

Authority.

This subsection (d) is adopted pursuant to V.T.C.A., Local Government Code, chapter 212, subchapter B, sections 212.041–212.050, as amended.

Purpose.

Development plats shall be required to ensure that adequate easements and rights-of-way will be provided with respect to land not subject to subdivision platting requirements. Separate site plan approval shall not be required.

Applicability.

For purposes of this subsection, the term "development" shall mean the new construction, or the enlargement of any exterior dimension of any commercial or multifamily residential building, structure, or improvement of any nature. This subsection shall apply to any land lying within the city or within its extraterritorial jurisdiction, which has been previously platted, but not yet developed or is adding fifty percent (50%) or more square footage to an existing structure or is adding an additional structure of any size to a platted tract.

Circumventing subdivision plat process prohibited.

No development plat shall be approved in lieu of, or for the purpose of circumventing, the subdivision platting requirements of this article 9.02.

Prohibition on development.

No development shall commence, nor shall any building permit, utility connection permit, electrical connection permit, or similar permit be issued for any development subject to this subsection until a development plat has been reviewed and approved in the same manner required for the approval of final plats under this article 9.02.

Standards for approval.

The development plat shall not be approved until the following standards have been satisfied:

The proposed development conforms to the comprehensive plan, plans, rules and ordinances of the city concerning its current and future streets, sidewalks, alleys, and public utilities facilities;

Public dedications to serve the development have been tendered;

Construction of required improvements has been completed, or their construction has been guaranteed in the same manner as is required incident to the approval of final plats; and

The proposed development conforms to the general plan, rules and ordinances that are related to platting and development that would not, absent this subsection, be applicable to the development.

Conditions.

The city council may impose such conditions on the approval of a development plat as are necessary to ensure compliance with the standards set forth above.

Approval procedure.

The application and application materials for a development plat shall be submitted to the city in the same manner as a final plat and shall be approved, conditionally approved, or denied by the city council in a similar manner as a final plat.

(9)

Recordation.

Upon approval, the development plat shall be filed with the county clerk of Harris County in the same manner as prescribed for the filing of final plats. Approval of a development plat shall expire if the plat is not filed at the county within the time periods specified for a final plat. Provided, however, the city manager is not required to file a development plat with the county clerk if the city manager determines that either:

The person is required to file a subdivision plat, amending plat, replat, or other document of conveyance or dedication in the permanent deed or public records of the county clerk for the area to be developed; or

The approval of the development plat does not:

Provide for the acceptance of any proposed dedication for the public use or use by persons other than the owner of the property covered by the development plat;

Change any public easement; and

§ 9.02.009 Preliminary plan requirements; exhibits and supporting documents.

Relocate a lot or boundary line, or change the number of lots.

(1991 Code, sec. 28-8; Ordinance 276, sec. 6, adopted 3/8/79; Ordinance 06-616, secs. 2–5, adopted 12/8/05; Ordinance 07-633, sec. 1, adopted 1/11/07; 2007 Code, sec. 38-8; Ordinance 20-874 adopted 7/9/20; Ordinance 23-956 adopted 6/8/2023)

Conventional subdivision developments.

When a proposed land development encompasses all of a tract, or a portion of a tract later to be subdivided in its entirety, a preliminary plan and supporting documents of the entire tract shall be prepared and submitted for approval. Such plan shall delineate the necessary characteristics of the tract, both existing and proposed, in conformance with the requirements specified in this section, and shall be considered to be a specific guide for the development of the affected area. The plan and supporting documents shall become operative upon approval, adoption and certification by the council.

Plan drawing exhibit.

The preliminary plan drawing shall show all necessary physical locations, identifications, elevations and general dimensions of all applicable existing and proposed on-site and contiguous off-site physical features identified herein. It shall be the responsibility of the applicant to fully comply with these requirements and to so certify in writing. Where the complexity of existing and proposed information required to be shown on the plan, as outlined in this subsection, could or would cause confusion in the proper evaluation thereof by the city, such plan data may be shown on two separate drawings at the same scale. Drawing No. 1 shall show the information required in subsections (b)(1), (2) and (3) of this section, and Drawing No. 2 shall show that information required in subsections (b)(1), (2)(I) and (4) of this section. The applicant shall exercise proper discretion as whether or not to combine or separate the required preliminary plan drawing information, keeping in mind the purpose of clarity and completeness thereof.

Base information.

Graphic scale of drawing at one inch equals 100 feet (or other such scale as previously approved in accordance with section 9.02.008(a)(3)).

North point (located adjacent to the graphic scale).

Key map showing (at a small scale) the geographic location of the subdivision with respect to its overall position and relationship within the city.

Name (title) of the land development project/subdivision which shall not have the same spelling or pronunciation similar to any other such project/subdivision located within the city or its extraterritorial jurisdiction area.

Name of the survey in which the subdivision is located.

Name, address and profession of the person who prepared the plan drawing, and date thereof.

Names and addresses of the record owner and subdivider/developer of the subdivision.

Names of the owners of contiguous parcels of unsubdivided land and the names of contiguous subdivisions within 200 feet, and the county recorder’s book and page number thereof, and the lot patterns of these subdivisions shown by dotted or light dashed lines.

Location of the city’s corporate limit lines and extraterritorial jurisdiction lines, if they traverse or form a part of the boundary of the subdivision or are contiguous to such boundary.

Perimeter subdivision boundary lines, indicated by heavy lines, and the distances and bearings thereof. The subdivision boundary shall be construed to include that part of adjacent boundary streets which were previously established by dedication or purchase from the tract being subdivided.

Gross acreage of the subdivision shall be noted thereon.

(L)

Approval block attesting to the approval of the preliminary plan by the council along with the date thereof.

Existing general site information.

Public street and highway right-of-way lines with existing traveled roadway widths noted therein.

Public alley right-of-way lines.

Private street/drive right-of-way lines with existing traveled roadway widths noted therein.

Drainage and utility easements including the widths and purposes thereof.

Railroad right-of-way lines including the widths, centerlines and purposes thereof (i.e., main line trackage or spur trackage).

Lot and parcel lines.

Public use areas/site (i.e., schools, parks, open space, etc.).

General outline of areas embraced by tree cover.

Topographic contour lines shall be at one-foot vertical intervals, and shall utilize the Tropical Storm Allison Recovery Program, 2005 (TSARP) datum.

Terrain with slope less than two percent: Two-foot vertical intervals.

Terrain with slope of two percent to 15 percent: Five-foot vertical intervals.

Terrain with slope greater than 15 percent: Ten-foot vertical intervals.

A note stating the appropriate topographic reference to city standard datum shall be shown.

Buildings and structures to remain including notations as to the nature and use thereof (i.e., single-family residence, garage, barn, shed, well, barbershop, etc.).

Bridges, trestles and other significant physical development features.

Existing drainage information.

Water impoundments (i.e., lakes, ponds, stock tanks, fish hatcheries, etc.) with the perimeter outline thereof shown at normal pool elevation and the elevation thereof so noted.

Drainage structures (i.e., dams, spillways, flumes, culverts, etc.) and noted as to the size and type thereof (i.e., earth, concrete, rip-rap, metal, RCP, VCP, etc.).

Flow lines of all drainage and watercourses (i.e., streams, creeks, drainage swales, etc.) and noted as to whether such features flow constant or intermittent.

Delineation of on-site and contiguous off-site drainage area including appropriate notations as to the respective acreage thereof.

Regulatory flood limits and base flood elevation (500-year floodplain).

Proposed development information.

Public street, alley and highway right-of-way lines and widths thereof.

Private road right-of-way lines and widths thereof, including the labeling of such roads and crosswalks as being private rather than public.

Drainage, utility and easements including the widths and purposes thereof.

Railroad right-of-way lines including the widths, centerlines and purposes thereof (i.e., main line trackage or spur trackage).

Lot and parcel lines of all proposed and to be retained lots and parcels intended for one (i.e., single-family dwellings) or more (i.e., apartments, commercial centers, churches, industries, etc.) uses.

Block, tract and lot designations lettered and numbered in a consecutive clockwise order, and blocks and large tracts carrying alphabetical designations and lots carrying numerical designations.

Notation as to building setback lines where adjacent to streets, crosswalks and other significant land uses. Such information may be shown in schedule form to enhance plan clarity.

Parcels to be reserved or dedicated for public use (i.e., schools, parks, floodplains, open spaces, etc.) including the acreages, general perimeter dimensions and notation as to the nature and type of use thereof.

Parcels to be reserved or dedicated for private community use such as areas and facilities benefiting and enjoyed by the site occupants of the subdivision including the acreages, general perimeter dimensions and notation as to the nature and type of use thereof, and that such are for private rather than general public use.

Delineation and numerical sequence designation of proposed development phasing of the entire subdivision if more than one phase is proposed. The estimated beginning and completion date of each phase shall be indicated in an appropriate schedule on the plan drawing.

Quantitative land use information (shown in schedule form on the plan) depicting each land use category; number of dwelling units (where applicable); net residential density (where applicable and expressed in the number of dwelling units per acre exclusive of streets and other nonresidential uses); the net acreage of each land use category (expressed to the nearest tenth of an acre); for each proposed phase of the subdivision development, and the overall sum total of the entire subdivision. An example as to the form of said schedule is illustrated as follows:

Phase No. 1
Land Use	Dwelling Units	Net Residential Density (dwelling units per acre)	Net Acreage
Single-family residential	40	2.0	20.3
Single-family residential	63	3.8	16.5
Convenience commercial center	N/A	N/A	3.5
Garden apartments	64	12.0	5.3
Neighborhood school/park site	N/A	N/A	12.0
Streets	N/A	N/A	9.0
Subtotal: Phase 1	167	3.0	66.6

Supporting documents and certificates.

The plan drawing exhibit shall, where applicable and herein required, be accompanied by the following described supporting documents and certificates approved as to form by the city attorney, to aid in assisting the council in properly evaluating the nature and character of the proposed subdivision:

Required at the time of filing the preliminary plan.

Completed and signed preliminary plan application and certificate of compliance with regulations on the appropriate form furnished by the city, which shall attest that the owner/subdivider/applicant has, to the best of his knowledge, thoroughly familiarized himself with the requirements prescribed in these subdivision regulations, has furnished the city with all applicable and complete information with respect to the plan, plan drawings and supporting documents, and has otherwise complied with all applicable requirements, regulations and ordinances of the city relative thereto.

Existing deed restrictions currently embracing the area to be subdivided if such exist, and any real estate agreements pertaining to designated releases of certain tracts within the subdivision if applicable.

Preliminary 8.5-inch by 11-inch draft reflecting significant items and features being considered by the subdivider for incorporation into private deed restrictions (restrictive/protective covenants) affecting the land being subdivided. It is not the intent of this requirement that such information be prepared in proper legal form for preliminary plan review, but merely to indicate the general nature and type of covenants being considered by the subdivider as an aid to the council in its review and evaluation of the nature and character of the subdivision. Such information should give particular attention and emphasis to, but not necessarily conclusive of, the following considerations, where applicable:

Minimum gross square feet of the habitable living area of each type (i.e., single-family detached, apartment, etc.) of the smallest dwelling unit proposed or allowed (exclusive of garages and carports).

Types of exterior building materials and minimum allowable percentages thereof, which are to enclose the side walls and roofs of residential and nonresidential buildings.

Prohibition regarding the conduct of any business/commercial activities within or on any residential lot or premises, other than as permitted under home occupation uses.

Buildings and premises on each and every type of lot to be kept and maintained in a safe, healthful and proper aesthetic manner free of junk, litter, debris, grass and weeds over one foot in height, and any other visual, audible or related adverse environmental impacts or nuisances.

§ 9.02.010 Final plat requirements; exhibits and supporting documents.

Optional council requirements.

The council may, in a majority opinion, determine that the carrying out of the development proposed by the subdivider’s plan could or would have an adverse impact on the existing or proposed physical environment embraced by the subdivision, [and] require the subdivider/applicant to prepare an environmental assessment in accordance with the policies and provisions of the National Environmental Policy Act of 1969 (Public Law 91-910), and as hereafter may be amended. The council may require such assessment be prepared any time prior to or during the council’s review of the preliminary plan, but if required, such assessment shall be placed on file and available to the council, and general public prior to any final decision rendered on the plan.

(1991 Code, sec. 28-9; Ordinance 276, sec. 7, adopted 3/8/79; Ordinance 06-616, secs. 6, 7, adopted 12/8/05; Ordinance 18-816, sec. 5, adopted 2/22/18; 2007 Code, sec. 38-9)

Plat drawing exhibit.

The final plat drawing shall show all necessary and pertinent information prescribed as follows:

Base information.

Graphic scale of plat drawing at one inch equals 100 feet.

North point (located adjacent to the graphic scale).

Name, title of the subdivision and location thereof by city, county and state.

Name of the survey in which the subdivision is located.

Name, address, signature and seal of the registered professional engineer or land surveyor, licensed by the state, who made or supervised the conduct of the survey on the ground and prepared the final plat including his certificate of survey and plat accuracy, and the date thereof.

Key map showing the geographic location of the subdivision with respect to its overall relationship and position to the city.

Name and address of the record owner and subdivider/developer of the subdivision.

Legal description of the perimeter boundary of land being subdivided, and computed total acreage thereof.

Approval block attesting to the approval of the final plat by the city council, along with the respective dates thereof.

Key plat information.

Perimeter boundary lines of the total land area embraced by the final plat.

Boundary and lot lines of contiguous, adjoining subdivisions and names thereof, and legal reference surveys; or the names of adjoining property owners, together with their respective plat or deed book references, as per the county recorder’s book and page numbers.

Location and identification of the primary control point from which all distances, bearings and other similar data pertaining to the subdivision are referenced. Wherever state plane coordinate system benchmarks exist within one mile of the subdivision boundary, these shall be used. At least one corner of the subdivision shall be tied by appropriate distance and bearing to either a corner in a previously recorded subdivision, U.S. Coast and Geodetic Survey monument, or a state land survey with proper reference notation describing the corner marker used.

Transportation and circulation right-of-way lines of all streets, alleys, emergency access easements and other rights-of-way, including the names, identifications, width dimensions and purposes thereof (i.e., for public dedication or for conveyance for private use to, and for the express use of the inhabitants of the subdivision or other private or quasi-public purposes).

Sufficient lines, distances (expressed in feet and hundredths of a foot) and bearings to allow the reproduction on the ground of every street, alley, lot, parcel, tract and easement, whether curved or straight; including the deflection angles and radii, arcs, tangents and central angles of all curves.

Boundary lines and related distances, bearings and acreages of all lots, blocks, parcels or tracts to be dedicated or reserved for public use, or to be conveyed to the inhabitants of the subdivision for private or quasi-public use, and the identification thereof.

Block, tract and lot designations lettered and numbered in consecutive clockwise order, with blocks and large tracts carrying alphabetical designations and lots carrying numerical designations.

Drainage, utility and access easements, including the widths thereof. Identification for all drainage, utility or access easements shall be noted as follows, without specific reference to a particular utility, except in the case of high-voltage electrical transmission lines or cross-country gas lines: public utility and access easement or public drainage and access easement, or where combined, public utility, drainage and access easement.

Exact locations and descriptions of all monuments, lot corner pins, tangent points of curves (pins) and any other required survey points in place.

Building setback lines adjacent to every highway, street, alley, emergency access, easement, crosswalk and private drive serving two or more lots.

Floodway channel and regulatory flood limits (500-year floodplain).

(L)

Engineer’s or surveyor’s statement identifying the flood zone or zones that the property within the plat boundaries is within.

Supporting documents and certificates.

The plat drawing exhibit shall, where applicable and herein required, be accompanied by the following described supporting documents and certificates, in the form prescribed by and approved by the city attorney, which shall accompany the filing and recording of the final plat:

Signed certificate of city tax assessor-collector verifying that all local municipal taxes on the land being subdivided and embraced by the final plat have been paid to the current year.

Signed certificate of county tax collector verifying that all county taxes on the land being subdivided and embraced by the final plat have been paid to the current year.

Signed certificate of the local school district tax collector in which the subdivision is located, verifying that all school taxes on the land being subdivided and embraced by the final plat have been paid to the current year.

Signed dedication certificate by the owner of the subdivision dedicating all designated public streets, alleys, easements, parks, school sites, open spaces and other such applicable lots, parcels or tracts previously agreed upon between the city, county, school district, state or federal government and subdivision owner, to the general public; or, where the owner has made and executed provisions for the perpetual care and maintenance of private or quasi-public streets, easements, open spaces and other lots, tracts or parcels designated for the use and enjoyment by the inhabitants of the subdivision, such shall be properly dedicated to such private individual or subdivision inhabitants, whichever is applicable.

Legally executed and signed deed covenants incorporating all pertinent and proposed covenants, restrictions and easements for which the subdivided real property is subjected to be held, transferred, sold, conveyed and occupied.

When applicable, where a property owners’ association is designated and required to care for, maintain, preserve and promote the utility, beautification, use and occupancy of land and facilities under common ownership and authority of the subdivision owners and/or inhabitants, then such deed covenants shall include properly executed articles of incorporation and bylaws of the property owners’ association so created.

In order that the city, school district, county, state or federal government will not be prohibited from using any property within the subdivision that may be purchased, deeded or conveyed thereto for public purposes at any time the following paragraph shall be incorporated in every deed covenant placed on the land being subdivided: “Any restrictions contained herein shall not be intended to restrict or prohibit, nor shall restrict or prohibit the United States government, the state or any political subdivision thereof, including the city, the city independent school district, or the county, from using any of the property affected by this subdivision for public purposes, when any such property is brought under the ownership and control of any of the agencies described above.”

Legally executed and signed applicable instruments authorized for filing (i.e., all deeds, mortgages, conveyances, deeds of trust, bonds for title, covenants, defeasances or other instruments of writing concerning any lands or tenements, or goods and chattels, or movable property of any description) as authorized in V.T.C.A., Property Code chapters 11 and 12.

Completed and signed final plat application and certificate of compliance with regulations, on the appropriate form furnished by the city, which shall attest that the owner/subdivider/applicant has, to the best of his knowledge, thoroughly familiarized himself with the requirements prescribed in these subdivision regulations, has furnished the city with all applicable and complete information with respect to the plat drawing and supporting documents, and has otherwise complied with all applicable requirements, regulations and ordinances of the city relative thereto.

Surveyor’s/engineer’s plat closure notes for the boundary of the subdivision. Such notes shall be referenced in the same manner as the plat drawing. Upon approval of the final plat by the city, the closure notes shall be deposited as a public document in the engineering records of the city.

(9)

Lienholder’s acknowledgment and subordination statement, properly executed by all holders of liens against the property being platted, subordinating their interests in the platted property for the purposes and effects of the plat, and the dedications and restrictions shown thereon or subject thereto.

Sanitary sewer capacity fee.

Prior to final plat approval, all sewer capacity fees shall be paid and received by the city.

§ 9.02.011 Subdivision design standards.

Federal flood insurance program.

No subdivision of land shall be approved unless such subdivision complies in all respects with the city’s flood damage prevention regulations. Each final plat shall have depicted thereon applicable boundaries of all flood zones as provided in the latest edition of the federal insurance rate maps and the base flood elevations required by this Code of Ordinances. The following statement shall be placed upon the face of each final plat: “Based upon flooding experience, the City of Humble prohibits the floor of any habitable area of a structure to be constructed at less than two feet above the 500-year base flood elevation.”

(1991 Code, sec. 28-10; Ordinance 276, sec. 8, adopted 3/8/79; Ordinance 06-616, secs. 8, 9, adopted 12/8/05; Ordinance 18-816, secs. 6, 7, adopted 2/22/18; 2007 Code, sec. 38-10)

The purpose of this section [sections 9.02.012 through 9.02.030] is to reflect the character and quality of development envisioned by the city to be in the best interests of the citizens of this city, both present and future, and to ensure that the long-term effects of development which take place in current times will not become a burden upon the general public in the future. The standards expressed in this section are established to provide streets of adequate right-of-way width, alignment and traffic capacity to prevent or at least minimize traffic hazards and congestion, to provide adequate space for the installation of necessary utility services and collection and disposal of stormwaters and to establish adequately sized lots, tracts, or parcels of land where residential and other types of building structures may be constructed without creating hazards to the health, safety and well-being of the occupants of such structures.

Each parcel of land within the city and its extraterritorial jurisdiction may have unique physical or topographical features which may make an absolute application of the design standards contained herein unfeasible and if those conditions exist and can be substantiated, the city council has provided, under section 9.02.035, procedures necessary to secure a variance from these standards.

(1991 Code, sec. 28-11; Ordinance 276, sec. 9, adopted 3/8/79; 2007 Code, sec. 38-11)

§ 9.02.012 Streets; general intent.

The street system of any city accounts for about one-third of the land within the city and is the only system through which access and most of the services required in the use of private property must flow. The design of the street network of any city is, therefore, very important to the success and viability of the community and it is the intention of the city council, through the application of its policies and standards, that the continued expansion of the street system of this community will not impede access or the flow of services to private property, create hazards or cause unnecessary traffic congestion.

(1991 Code, sec. 28-12; Ordinance 276, sec. 10, adopted 3/8/79; 2007 Code, sec. 38-12)

§ 9.02.013 Public streets.

General arrangement and layout.

The public street system pattern proposed within any subdivision plat or development should be based upon the following design concepts:

Provide for adequate vehicular access to all properties within the subdivision plat boundaries.

Provide adequate street connections to adjacent properties to ensure adequate traffic circulation within the general area.

Provide a local street system serving properties to be developed for residential purposes which discourages through traffic while maintaining sufficient access and traffic movement for convenient circulation within the subdivision and access by firefighters, police and other emergency services.

Provide a sufficient number of continuous streets and major thoroughfares, particularly in those areas designed for the development of high density multifamily residential, commercial and industrial land uses, to accommodate the increased traffic demands generated by these land uses.

Major thoroughfares.

Major thoroughfares shall be subject to the following:

Location and alignment.

The location and alignment of designated major thoroughfares must be in general conformance with the latest edition of the major thoroughfare and freeway plan adopted by the city. Proposals which constitute a change in the location or alignment of any designated major thoroughfare or freeway illustrated on this plan may be approved by the city council if public benefit is substantiated.

Right-of-way; widening; transitions.

The minimum width of the right-of-way to be dedicated for any designated major thoroughfare should not be less than 100 feet. In those instances where the plat is located adjacent to an existing designated major thoroughfare having a right-of-way less than 100 feet, sufficient additional right-of-way must be dedicated to accommodate the ultimate development of the major thoroughfare in question on the basis of a total right-of-way width of 100 feet. Where the construction of concrete pavement with curbs, gutters and storm sewers is not feasible and open ditch drainage is planned, the minimum right-of-way width required for the development of a designated major thoroughfare must be more than 100 feet and of sufficient width to accommodate the approved roadway pavement and attendant drainage facilities. In those instances where it is proposed to extend an existing major thoroughfare having a right-of-way width of 80 feet, the right-of-way to be dedicated for the extension of this major thoroughfare should be increased through a transitional area from 80 feet in width to 100 feet in width over a distance of 200 feet. Similar transitional areas will be required where other existing right-of-way widths are encountered.

Curves and intersections.

Curves proposed for the right-of-way of designated major thoroughfares must have a centerline radius of 2,000 feet or more. Exceptions to this requirement may be considered by the council upon receipt of a request from the subdivider for a variance as provided herein. In no instance, however, will the council grant a variance indicating the centerline radius of any designated major thoroughfare to be less than 1,150 feet. Reverse curves should be separated by a tangent distance of not less than 100 feet. Intersections with other public streets should be at right angles except in those instances where the subdivider requests a variance as provided for herein. Where acute angle intersections are approved, however, a radius of at least 25 feet in the right-of-way line at the acute corner must be provided.

Local streets.

Local streets shall be subject to the following:

Location and alignment.

The location and alignment of local public streets proposed to be dedicated and established within a subdivision or development plat should be designed in conformance with the concepts listed in subsection (a) of this section.

Right-of-way width.

The width of the right-of-way to be dedicated for any public street not designated as a major thoroughfare or freeway shall be 60 feet except as otherwise specifically provided herein.

Curves and intersections.

Curves along local streets may have any centerline radius, except that the centerline radius on a reverse curve may not be less than 300 feet. Reverse curves should be separated by a tangent distance of not less than 50 feet. Intersections with designated major thoroughfares should be at right angles except in those instances where the subdivider requests a variance as provided for herein. Where acute angle intersections are approved, however, a radius of at least 25 feet in the right-of-way line at the acute corner must be provided.

Cul-de-sac right-of-way radii.

The radii of the right-of-way at the end of local streets terminated with a circular cul-de-sac shall be not less than 50 feet, improved with a 42-foot radius roadway, plus curbs, storm sewers and sidewalks.

Dead-end streets.

Dead-end streets will not be approved except in those instances where the street is terminated by a circular cul-de-sac turnaround or where the street is designed to be extended into adjacent property.

(1991 Code, sec. 28-13; Ordinance 276, sec. 11, adopted 3/8/79; Ordinance 06-616, secs. 10, 11, adopted 12/8/05; 2007 Code, sec. 38-13)

§ 9.02.014 Public alleys.

General arrangement and layout.

Public alleys may be provided within any subdivision plat to provide secondary vehicular access to lots which otherwise have their primary access from an adjacent public street or approved common or compensating open space or courtyard which is adjacent to a public street and where such public streets and alleys are to be served by storm sewers. Public alleys may not be used or designed to provide the principal access to any tract of land and may not provide any access to property outside the subdivision plat boundaries in which the alleys are dedicated.

Right-of-way width; intersections; curves.

Public alleys must have a right-of-way width of not less than 20 feet. Intersections with public alleys or public streets must be at right angles except in those instances where the subdivider requests a variance as provided for herein. All corners at the intersection of alley right-of-way with public streets or other alleys must have at least a 25-foot radius or 15-foot angular cut-backs provided. Curves in alleys should be kept to a minimum and should have a centerline radius of not less than 300 feet. Reverse curves in alleys should be separated by a tangent distance not less than 50 feet.

§ 9.02.015 Public street and alley width; suggestions.

Dead-end alleys.

No dead-end or cul-de-sac alleys will be permitted.

(1991 Code, sec. 28-14; Ordinance 276, sec. 12, adopted 3/8/79; 2007 Code, sec. 38-14)

Major arterial thoroughfares; 100-foot wide right-of-way.

These thoroughfares are designed to provide major traffic arteries that enable vehicles to pass through the city. They require a 100-foot wide right-of-way, improved with dual 24-foot wide paved roadways, plus curbs, storm sewers and sidewalks, separated by a 30-foot wide esplanade, or dual 33-foot wide paved roadways, plus curbs and storm sewers, separated by a 12-foot wide esplanade.

Major regional thoroughfares; 80-foot wide right-of-way.

These thoroughfares are designed to provide major traffic arteries that enable vehicles to access regional quadrants of the city. They require an 80-foot wide right-of-way, improved with dual 24-foot wide paved roadways, plus curbs, storm sewers and sidewalks, separated by a 12-foot wide esplanade.

Local feeder streets; 60-foot wide right-of-way.

These streets are designed to provide traffic ways that enable vehicles to transition from major thoroughfares to local streets. They require a 60-foot wide right-of-way, improved with a 34-foot wide paved roadway, plus curbs, storm sewers, and sidewalks.

Local streets; 60-foot wide right-of-way.

These streets are designed to provide traffic ways that enable direct access to residences or places of business. They require a 60-foot wide right-of-way, improved with a 30-foot wide paved roadway, plus curbs, storm sewers and sidewalks, when adjacent to properties used for single-family residential purposes only, and improved with a 34-foot wide paved roadway, plus curbs, storm sewers, and sidewalks, when adjacent to properties used for purposes other than single-family residential uses.

Alleys; 24-foot right-of-way.

These streets are designed to provide a secondary means of access to residences and businesses. They are not permitted to provide primary access to any lot. They require a minimum right-of-way width of 24-foot and shall be improved with a paved roadway of not less than 20 feet in width and storm sewer drainage. Open ditch drainage in public alleys is not permitted.

(1991 Code, sec. 28-15; Ordinance 276, sec. 13, adopted 3/8/79; Ordinance 06-616, sec. 12, adopted 12/8/05; 2007 Code, sec. 38-15)

§ 9.02.016 Private streets.

Generally.

The city will review and consider all development projects where private streets are proposed to be developed which would provide access to any residential building or dwelling unit, or any part thereof, which is located more than 300 feet from the nearest public street to which the private street intersects. The city will review and consider any proposed project where a private street is intended to serve four or more separate lots or individual building sites designed for sale to the general public for residential purposes. Parking lots and aisles within such parking lots and private driveways within shopping centers, institutions, commercial and industrial developments are required to be approved by the city.

General arrangement and layout.

The pattern or layout of the street system in any project should provide for the following basic design concepts:

Provide adequate vehicular access to all buildings and facilities within the plat boundaries.

Provide adequate interior traffic circulation and access to all buildings containing dwelling units by firefighting personnel and equipment.

Provide adequate access to the existing public street system adjacent to the boundaries of the plat.

Be so designed to allow for the smooth flow of vehicular traffic, avoiding such traffic hazards as closely offset intersections, angular- and multiple-point intersections, jogs and other design features which would induce a hazard to vehicular traffic and the occupants of the project.

Width.

Since private streets are established without the benefit of a formalized right-of-way width, the width of a private street is considered by the city to be the width of the surface of the pavement measured from edge to edge. Under these circumstances, the right-of-way width and the pavement width of a private street are considered coterminous and the terms are used interchangeably. It is the policy of the city that the minimum acceptable unobstructed width of any private street should not be less than 28 feet. If parallel parking is proposed along the private street, additional width may be required to accommodate such parking.

Dead-ends, culs-de-sac and T-type turnarounds.

Dead-end private streets must be terminated by a circular cul-de-sac having a paving radius of not less than 50 feet or a T-type turnaround designed in conformance with the standards approved by the fire and public works departments.

Length of culs-de-sac or dead-end streets.

Dead-end private streets must not extend further than 300 feet from the nearest right-of-way line of the intersecting public or private street measured along the centerline of such private street to the center of the circular turnaround (cul-de-sac) or the outer limit of the paving in the T-type turnaround configuration.

(f)

Intersections.

In those instances where a private street intersects with a public street paved with dual roadways and esplanade, the private street should be located at an established esplanade opening. Private streets must not be direct (straight line) projections of any public street, except in those instances where:

Such extension is at an intersection with a public street paved with dual roadways and esplanade.

Where the private street is two separate 20-foot (minimum) roadways separated by a minimum 20-foot curb section at the public street intersection and the private street is not a direct connection (straight line) between two public streets. In those instances where the private street is not a direct extension of a public street, then the private street must offset a minimum distance of 125 feet centerline to centerline from any public street intersection. Intersections of all private streets must be at right angles with variations not to exceed ten degrees. Right angle intersections of private streets must have a 20-foot radius at all corners. Acute angle intersections must have 25-foot radii at the acute corners on both public and private streets.

(g)

Multiple access points to public streets.

All projects containing private streets must have a private street system so designed to provide adequate emergency vehicular access and the private street system must be designed to provide more than one point of access to the project or development from the public streets adjacent to the boundaries of the project or development in those instances where it is the opinion of the fire chief that additional access points will be necessary to ensure the safety and general welfare of the public and occupants of the project.

(1991 Code, sec. 28-16; Ordinance 276, sec. 14, adopted 3/8/79; 2007 Code, sec. 38-16)

§ 9.02.017 Street names.

Public streets.

All public streets contained in any subdivision plat or development plan approved by the city must be named in conformance with the following considerations:

New street names, not extensions of existing names, must not be duplicates of any existing street name located within the city or its exclusive extraterritorial jurisdiction.

Existing street names must be used in those instances where a new street is a direct extension of an existing street or a logical extension (when the streets in question are not and cannot be physically continuous) thereof except in those instances where the existing street name is a duplicate street name.

Street name suffixes such as court, circle and loop should be designated on streets which are culs-de-sac or in a configuration of a loop street. Suffixes such as boulevard, speedway, parkway, expressway and drive should be confined to designated major thoroughfares or local streets designed to handle traffic volumes in excess of normal neighborhood traffic generation. Suffixes such as highway or freeway must be used only to designate highways or freeways falling under the jurisdiction of the state department of transportation.

Street name prefixes such as north, south, east and west [should] be used to clarify the general location of the street; provided, however, that such prefixes must be consistent with the existing and established street naming and address numbering system of the general area in which the street is located.

Alphabetical and numerical street names must not be designed [designated] on any subdivision plat or development plan except in those instances where such street is a direct extension of an existing street with such a name and is not a duplicate street name.

Private streets.

Street names will not be approved on any private street, driveway or access easement shown on any plat submitted to the city for approval.

(1991 Code, sec. 28-17; Ordinance 276, sec. 15, adopted 3/8/79; 2007 Code, sec. 38-17)

§ 9.02.018 Block lengths.

Measurement criteria.

Block lengths are to be determined by the measurement along the face of a block (being the adjacent street right-of-way line) from one street intersection to another street intersection where such streets provide cross-traffic circulation (not cul-de-sac streets). In those instances where a loop street configuration is involved the interior block formed by the loop streets is measured through the center of such block and between adjacent street rights-of-way lines. Variations in the block lengths herein specified may be considered by the city upon receipt of a request from the subdivider for a variance and in those situations where a block may be adjacent to a major topographical feature, such as a river, canal, bayou, gulley, ravine, a major drainage ditch, lake, pit or mine excavation; a major right-of-way or easement for high voltage electrical transmission lines, underground pipelines, railroad rights-of-way and facilities; designated freeways; a public park or other public owned and operated facilities such as dams, reservoirs, schools, airports or golf courses; and privately owned golf courses and lakes when such golf courses and lakes are an integral part of the layout and subdivision design of the overall tract being developed. In no instance, however, will the council grant a variance indicating that a block adjacent to the conditions and features mentioned above [is] to be more than 2,640 feet (one-half mile) in length measured along the block face.

Major thoroughfares.

The maximum length for blocks adjacent to designated major thoroughfares must not be more than 1,800 feet.

Local streets.

The maximum length for blocks adjacent to local streets must not be more than 1,000 feet, except under the following circumstances:

Loop streets may have an internal block length of not more than 800 feet.

Culs-de-sac may have a block length of not more than 800 feet, measured from the intersection with the right-of-way of a cross street along the centerline of the cul-de-sac street to the center of the circular turnaround at the end of the cul-de-sac.

Stub streets or dead-end streets may have a block length of not more than 800 feet unless terminated with a circular turnaround suitably modified to accommodate future extension of the street into adjacent property.

Private streets.

See section 9.02.016(e) regarding the length of culs-de-sac or dead-end private streets.

(1991 Code, sec. 28-18; Ordinance 276, sec. 16, adopted 3/8/79; 2007 Code, sec. 38-18)

§ 9.02.019 One-foot reserves.

In those instances where any public street is established in a plat submitted to the city and where such public street forms either a stub street into adjacent acreage or where such public street lies along and parallel with the plat boundary and adjacent to acreage, a one-foot wide reserve must be established within the street right-of-way to form a buffer strip, dedicated to the public, between the public street right-of-way and the adjacent unsubdivided acreage to prevent access to this public street from the adjacent unsubdivided acreage unless and until the city has had an opportunity to review the development proposals for such adjacent acreage and a plat of the adjacent property is duly recorded. The conditions associated with the establishment of a one-foot reserve on a plat are contained in the following notation which must be placed upon the face of any plat where a one-foot reserve is to be established: “One-foot reserve dedicated to the public in fee as a buffer separation between the side or end of streets where such streets abut adjacent acreage tracts, the condition of such dedication being that when the adjacent property is subdivided in a recorded plat, the one-foot reserve shall thereupon become vested in the public for street right-of-way purposes and the fee title thereto shall revert to and revest in the dedicator, his heirs, assigns or successors.”

(1991 Code, sec. 28-19; Ordinance 276, sec. 17, adopted 3/8/79; 2007 Code, sec. 38-19)

§ 9.02.020 Partial or half streets.

Partial or half streets may be dedicated in those instances where the city concurs that it is necessary for the proper development of the land and in the public interest to locate a public street right-of-way centered on a property line. The council will not approve a partial or half street dedication within a subdivision dedicating less than a 50-foot right-of-way width on a designated major thoroughfare or less than a 30-foot right-of-way width on any other type public street. Appropriate notations and one-foot reserve must be placed upon the plat restricting access from any partial or half streets so dedicated to adjacent acreage tracts until the adjacent property is subdivided in a recorded plat and the additional adjacent right-of-way is acquired providing the full right-of-way widths as specified in this article.

(1991 Code, sec. 28-20; Ordinance 276, sec. 18, adopted 3/8/79; 2007 Code, sec. 38-20)

§ 9.02.021 Street lighting.

Title.

These rules and regulations shall be known and cited as “Section 9.02.021, Street lighting,” of the subdivision regulations of the city.

Purpose.

The purpose of these rules, regulations and procedures is to provide for the orderly and safe lighting of the public street rights-of-way within the city.

Intent.

It is intended to establish a uniform procedure to ensure properly designed, constructed and maintained lighting throughout the city.

Engineering.

All street lighting installations shall be either engineered and designed by the engineering division of the Houston Lighting and Power Company (HL&P) or by a registered professional engineer, in the state, and approved by HL&P.

Design.

The design and layout of the street lighting facilities will be in accordance with the standard design criteria of HL&P.

(f)

Approvals.

Prior to any streetlight installation, the design and layout shall be approved by the city.

(g)

Installation.

All installations shall be by HL&P or private contractors approved by the city.

(h)

Inspection.

All installations shall be subject to the inspection and approval of the city.

Compliance with regulations.

No subdivision plat shall be finally approved without an approved street lighting layout.

(j)

Acceptance.

Final city acceptance of streets within subdivisions will not be made until all streetlights have been installed or until a 100 percent deposit in the amount of the estimated streetlights cost has been made to the city.

(k)

Developer’s responsibility.

The developer of a subdivision shall be responsible for the design and layout of the streetlight facilities within the subdivision.

The developer shall cause HL&P to provide design and layout or shall employ an engineer to provide design and layout with HL&P approval of final plans.

The developer shall submit for city approval the final design and layout.

The developer shall pay the full cost of design and installation of all streetlights within the subdivision and on border streets when considered a part of the development.

(l)

Financial arrangements.

The developer shall deposit with the city, prior to street acceptance, 100 percent of the estimated installation cost of the streetlights. The cost will be based on the standard cost schedule for installation of HL&P.

The city, after receiving the approved plans and the deposit, will cause HL&P to install the lights.

The city will determine the final construction cost and refund any deposit over that cost. In the event the construction exceeds the deposit, the developer shall be responsible to deposit the additional amount with the city prior to final acceptance of the lighting.

(m)

Ownership and maintenance.

All streetlights installed in connection with any development project shall be and remain the property of HL&P and shall be maintained by HL&P.

(n)

Operation.

All costs for streetlight operations in public street rights-of-way shall be the responsibility of the city.

(1991 Code, sec. 28-21; Ordinance 276, sec. 18.1-1, adopted 3/8/79; Ordinance 316, secs. 1–8, adopted 5/14/81; 2007 Code, sec. 38-21)

§ 9.02.022 Easements.

Public utility easements.

Public utility easements are those easements established with a plat which are designed to accommodate publicly owned or controlled utility facilities necessary to provide various types of utility services to the individual properties within the plat boundaries. Public utility easements may be used for, but not limited to, facilities necessary to provide water, electrical power, natural gas, telephone, telegraph and sanitary sewer services. Storm sewers or open drainageways must not be constructed within public utility easements unless specifically approved by the director of the public works department and where additional easement width is provided to conform to the standards established herein for drainage easements.

Location.

Public utility easements must be provided along the rear of all lots designed for the development of a structure containing residential dwelling units and in such other locations as determined to be necessary by the director of the public works department and worked out with the individual private utility companies involved. Public utility easements located along the outer boundaries of a plat must contain the full width required for such easement except in those instances where the adjacent property is within a portion of a previously approved plan and under the same ownership as the property being platted or where additional easement width is dedicated by separate instrument by the owner of such adjacent tract. In such cases one-half of the required easement width is dedicated by separate instrument by the owner of such adjacent tract. In such cases one-half of the required easement width may be dedicated within the plat boundary with the other half provided outside the plat boundary by separate instrument or through notation on the plat certifying the ownership and dedication of the easement.

Public utility easement widths; dead-ends.

All public utility easements established within any subdivision plat must not be less than ten feet in width. In those instances where underground electrical facilities are to be installed within the public utility easement, the easement width must not be less than 16 feet in width. No dead-end public utility easements will be permitted by the city.

Drainage easements.

All drainage easements must be located and dedicated to accommodate the drainage requirements required for the proper development of the property within the subdivision boundaries and within its natural watershed and in conformance with the requirements of the director of public works and other governmental agencies charged with the responsibility of storm drainage or flood control within the area the subdivision is located. A suitable note on the plat must restrict all properties within the subdivision ensuring that drainage easements within the plat boundaries shall be kept clear of fences, buildings, plantings and other obstructions to the operations and maintenance of the drainage facility and abutting property shall not be permitted to drain directly into this easement except by means of a drainage structure approved by the director of public works or other authorized public drainage or flood control official.

Federal flood insurance program.

The city and county, as well as other county units of government, have agreed to participate in the federal flood insurance program and through this participation, the limits of the 100-year and 500-year floodplain for all natural drainageways has been determined and special regulations for construction of facilities which fall within the designated 100-year and 500-year floodplain have been established. It is the policy of the city to inform persons who submit plats to the city if the property illustrated on the plat falls within the established floodplains, and to suggest that they seek more detailed information from the agencies who control construction in these areas.

Existing easements, fee strips.

All easements or fee strips created prior to the subdivision of any tract of land must be shown on the subdivision plat of said land with appropriate notations indicating the name of the holder of such easement or fee strip, the purpose of the easement and generally the facilities contained therein, the dimensions of the easement or fee strip tied to all adjacent lot lines, street rights-of-way and plat boundary lines and the recording reference of the instruments creating and establishing said easement or fee strip. In those instances where easements have not been defined by accurate survey dimensions such as “over and across” type easements, the subdivider should request the holder of such easement to accurately define the limits and location of his easement through the property within the plat boundaries. If the holder of such undefined easement does not define the easement involved and certifies his refusal to define such easement to the city the subdivision plat must provide accurate information as to the centerline location of all existing pipelines or other utility facilities placed in conformance with the easement holder’s rights and building setback lines must be established 15 feet from and parallel with both sides of the centerline of all underground pipelines or pole lines involved.

§ 9.02.023 Building setback restrictions.

Establishment of special use easement.

The establishment of special use utility easements may be provided on a subdivision plat when such easement is for the purpose of accommodating a utility facility owned, operated and maintained by a unit of government and is restricted to either water mains, sanitary sewers, storm sewers or for drainage purposes and where it has been determined by the director of public works that these facilities cannot or should not be accommodated within a general purpose public utility easement or public street right-of-way. Easements proposed to be established for any private utility company or private organization providing utility services and restricted for their exclusive use cannot be shown on or established by a subdivision plat; provided, however, that such private utility facilities can be accommodated and placed within the general purpose public utility easements, public streets and alleys established within the plat boundary. Nothing herein, however, may prevent such private utility companies or the subdivider from granting and establishing special or exclusive use easements by separate instrument if such arrangements are deemed necessary to properly serve the properties within the plat boundaries.

(1991 Code, sec. 28-22; Ordinance 276, sec. 19, adopted 3/8/79; Ordinance 18-816, sec. 8, adopted 2/22/18; 2007 Code, sec. 38-22)

Building setback restrictions have traditionally been required by the city in various degrees dependent upon the type and design characteristics of the streets which such restrictions parallel. These restrictions are designed and applied to ensure that occupied buildings, particularly residential and commercial buildings where a concentration of people is involved, are located a sufficient distance away from the adjacent street to avoid damage to the structure and occupants by errant vehicles; to lessen or minimize the effect of noise and pollutants generated by traffic on the occupants of adjacent buildings; to ensure that the location of buildings does not create any traffic hazard by blocking or restricting lines of sight, particularly at intersections and along curves; to provide some additional open space in addition to the space within the street right-of-way for the free movement of police, firefighters and others in emergency situations; and, when appropriate, to ensure that there is sufficient yard space and open space separating building structures, which may enhance the visual character and value of a particular development. Therefore, the following building setback restrictions are based upon the design characteristics of the adjacent street, its right-of-way width and the type of use proposed for the land adjacent to such streets:

Major thoroughfares.

Properties adjacent to designated major thoroughfares which are divided into lots restricted for the construction of detached residential dwellings appropriate for individual ownership must have a front building setback from the adjacent major thoroughfare [right-of-way of not less than 25 feet. When such lot sides on a major thoroughfare], a side building setback of at least 20 feet must be provided. In those instances where such a lot backs on a major thoroughfare, a rear building setback of not less than twenty feet (20') will be required. Setback dimensions are measured starting at the property line.

Building setback restrictions for properties adjacent to major thoroughfares designed for uses other than specified in subsection (1)(A) of this section are the same as those building setback restrictions specified for properties adjacent to local streets and as provided herein.

Local streets.

Properties adjacent to local streets which are divided into lots restricted for the construction of residential dwellings suitable for individual ownership must have a front building setback from the adjacent street right-of-way of not less than twenty-five feet (25'). When such lots side on a local street, a side building setback of ten feet (10') must be provided. When such lots back on a local street, a rear building setback of ten feet (10') must be provided. Setback dimensions are measured starting at the property line.

Properties adjacent to local streets which are planned to be developed for residential apartments with multiple dwelling units under a single ownership or management where the principal entrances to such units front on the adjacent street, a front building setback restriction of twenty-five feet (25') must be provided. If, however, such units side or back on the adjacent street and have no entrances from such street, a side or rear building setback of twenty feet (20') must be provided. Setback dimensions are measured starting at the property line.

Commercial developments, which are adjacent to local streets (or major thoroughfares), must have a twenty-five feet (25') building setback restriction provided along all adjacent streets. If, however, such properties are located directly across a street from residential lots or properties having a building setback restriction on such properties in excess of 25 feet, the building setback restriction required on the nonresidential property must be equal to or exceed the building setback restrictions established on the opposite residential properties. When such lot sides on local streets (or major thoroughfares), a side building setback of at least twenty feet (20') must be provided. When such lots back on a local street, a rear building setback of twenty feet (20') must be provided. Setback dimensions are measured starting at the property line.

All properties adjacent to an access street, as that term is defined herein, must contain building setback restrictions in conformance with the standards set out in this section as applicable.

Private streets.

A building setback restriction of twenty-five feet (25') must be provided along each side of the outer edge of the pavement, where habitable structures side or face or seven and one-half feet (7.5') where habitable structures side on any private street approved by the city.

Building setback line offsets and transitions.

In those instances where the required building setback restriction line changes from one tract to another, a transitional building setback line must be provided having a minimum angle of 45 degrees. Such transition must take place on the lot or tract having the lesser building setback restriction requirement.

Pipelines; railroad rights-of-way.

Where [there are] underground pipelines carrying flammable products under pressure through properties with a plat boundary or where properties within the plat back or side along a railroad right-of-way, a fifteen feet (15') building setback restriction must be provided adjacent to such pipeline easement or fee strip (or the centerline of the pipeline facility if no easement is defined) or railroad right-of-way line.

(1991 Code, sec. 28-23; Ordinance 276, sec. 20, adopted 3/8/79; Ordinance 16-778, sec. 1, adopted 8/10/16; 2007 Code, sec. 38-23; Ordinance 21-894, sec. 3, adopted 3/11/21)

§ 9.02.024 Reserve tracts.

Reserve tracts are those individual parcels of land created within a subdivision plat which are not divided into lots, but are established to accommodate some specific purpose such as a commercial center, an industrial site, a golf course or other type of private recreational facility, schools or church sites or sites for utility facilities such as water wells and storage areas, wastewater treatment plants, electrical power stations or other activities and land uses for which division into lots is not suitable or appropriate. Since the use of reserve tracts may not be completely determined by the subdivider or developer at the time plats are prepared and submitted to the city, these reserve tracts are often established as “unrestricted reserves” which allows maximum flexibility in the determination of the ultimate use planned for such properties.

Public street access.

Reserves established on any subdivision plat must have frontage on and be immediately adjacent to at least one public street, with such frontage being not less than 60 feet in width. In those instances where the average depth of an unrestricted reserve is more than 300 feet, such reserve access to all adjacent public streets must be separated by a one-foot reserve placed within the adjacent street right-of-way as provided for in section 9.02.019 which will become automatically removed upon the approval and recording of a suitable development plat of the property within such reserve.

Identification and designation.

All reserves must be labeled and identified on the plat and a description of the use intended for such reserve must be noted. If the use of the reserve is not restricted for any specific use, the reserve must then be identified and noted as being unrestricted. All reserves are to be identified and designated by alphabetical letters, not numbers, along with an indication as to the total acreage of such reserves must be shown within each reserve boundaries.

(1991 Code, sec. 28-24; Ordinance 276, sec. 21, adopted 3/8/79; 2007 Code, sec. 38-24)

§ 9.02.025 Lots; general provisions.

The purpose of this section is to provide general overall guidelines for the establishment of individual lots within subdivisions designed to accommodate various types of residential housing schemes without resorting to more specific and detailed standards strictly associated with a particular housing type or market label which may be associated with a subdivision of land containing lots designed to be offered for sale to the general public.

General lot design, arrangement, layout.

The general lot design within any subdivision should be based upon the concept that such lots are created and established as undivided tracts of land and that purchasers of such lots can be assured that these tracts of land meet the following basic criteria:

That the lot is of sufficient size and shape to allow the construction of a residential dwelling unit which can meet the requirements of established building or construction codes, housing and public health codes and ordinances and accepted family living standards.

That the lot is of sufficient size and shape to accommodate easements for all public and private utility services and facilities to adequately serve any residential dwelling unit constructed thereon.

That the lot is of sufficient size and shape and is so located that direct vehicular access is provided from a public street or through an approved permanent access easement and that the required number of vehicles can be parked on the lot without encroachment within any adjacent public street or alley rights-of-way.

Lot shapes.

Lots should be designed, so far as possible, with side lot lines being at right angles or radial to any adjacent street right-of-way line. Where all lots are either perpendicular and at right angles or radial to adjacent street rights-of-way, a suitable notation may be placed upon the plat in lieu of lot line bearings.

Key or flag lots.

Key or flag lots may be permitted under unusual circumstances; provided, however, that the narrowest part of such a lot, being the staff portion of the flag lot, must not be less than 20 feet in width or have a length of more than 200 feet. Such lot must also be restricted to prevent the construction of any building, structure, wall or fence within the staff portion of such lot and that the staff portion of such lot will be restricted for access to such lot only. Such restrictions must be shown on the face of the subdivision plat in the form of a notation or a part of the dedicatory language on the plat.

Double-front lots.

Double-front lots will not be approved except in those instances where lots are restricted for residential use and back upon an adjacent designated major thoroughfare or where special circumstances would warrant a variance to this regulation.

Street access limitations.

Rear and side vehicular driveway access from lots, restricted for the construction of residential dwelling units, to adjacent streets designated as major thoroughfare, freeway, highway or any other public street which carries a traffic volume where additional vehicular driveways would create a traffic hazard or impede the flow of traffic, will not be approved and such access restriction must be noted directly upon the plat and adjacent to the lots in question.

Lot and block identification.

All blocks established in any subdivision shall be designated by number with such numbers being consecutive within the whole subdivision plat. Lots established within the blocks shall also be numbered with such numbers being consecutive within the block. Lot numbering may be cumulative throughout the subdivision if the numbering system continues from block to block in a uniform manner.

Minimum lot sizes; general provisions.

Nonresidential uses.

Lots to be established in any subdivision plat which are designed or intended for nonresidential uses or are intended to be unrestricted, must have a minimum lot area of not less than 5,000 square feet and must have frontage along and adjacent to at least one public street having a right-of-way width of not less than 60 feet. If such lots or tracts proposed to be established and designated as lots, [sic] but must be established and designated as reserves and subject to those provisions of this manual pertaining to reserves (see section 9.02.024).

Residential uses.

Radial lots, being those adjacent to curved streets or circular culs-de-sac, shall have a width at the front property line of not less than 45 feet.

Corner lots must be ten feet wider than the average interior lots within such block and where such corner lots are located at the intersection of local streets. Corner lots located at the intersection of a local street and designated major thoroughfares must be 20 feet wider than the average interior lot within such block.

When lots are backing on a natural drainageway (bayou, creek, gully, etc.), an open drainage facility or other encumbrances, such lots must have a depth sufficient to provide at least 80 feet from the drainage easement line or encumbrances boundary to the front building setback line or front property line if no building setback restriction is required.

When lots are facing or backing on a designated major thoroughfare such lots must have a depth at least ten feet deeper than the average depth of lots within the interior of the subdivision having frontage on local streets.

(v)

No lot shall be less than 65 feet in width or 110 feet in depth, nor shall any lot contain less area than 7,150 square feet.

Minimum lot sizes; special conditions.

To accommodate various types of unique and innovative housing forms which are usually based upon a concept of reducing the area of individually owned lots and grouping such lots together to more efficiently utilize the total space within the subdivision by creating common open spaces, scenic and recreational areas and other spaces which would compensate for the reduction of land area contained within the individually owned lot, the following standards have been developed and applied to a variety of such housing forms including, but not limited to, townhouses, town homes, patio homes, courtyard homes, planned unit developments, cluster homes or any other designation of whatever nature. All other provisions contained in this article are applicable to these types of housing forms unless specifically noted herein.

Street access.

In general, all lots should have frontage and be adjacent to at least one public street having a right-of-way of not less than 60 feet. Lots containing an area less than 3,500 square feet may have frontage on a public street, may have frontage upon an approved common courtyard or common open space having frontage on a public street or may have frontage upon a private street which connects with a public street. In these instances where such special lot is to be established without direct frontage along an adjacent public street, such lots must be a part of a unified development scheme where the owners of all lots within the subdivision are legally bound together by deed restriction, contract or any other constituted and binding homeowners’ association, corporation or other organization which has as one of its purposes the continued care and maintenance of all commonly owned properties within the subdivision, particularly the areas established as private streets. Proof of the establishment of such legally binding restrictions and obligations must be provided to the city prior to the recording of any plat containing any lots not having frontage along an adjacent public street.

Reduced lot area, width.

Lots proposed to be established under these special conditions must be sewered lots and may have a gross area of not less than 1,400 square feet with a minimum width not less than 18 feet. Two off-street parking spaces must be provided on or adjacent to each lot with the width of such spaces being not less than 8.5 feet each and that such spaces cannot be in tandem.

Compensating common open space required.

In those instances where the proposed lot has a gross area of less than 7,000 square feet, compensating common open space must be established and provided within the plat boundary and based upon the following schedule:

COMPENSATING OPEN SPACE REQUIREMENTS (lots less than 5,000 [7,000] square feet in area)
Average Area of Lots (square feet)	Compensating Open Space Required per Lot (square feet)
1,400 - 2,000	720
2,001 - 2,500	600
2,501 - 3,000	500
3,001 - 3,500	400
3,501 - 4,000	300
4,001 - 4,500	200
4,501 - less than 7,000	100

In no instance, however, will the compensating open space contained within any subdivision having special lots be less than 21,780 square feet (one-half acre) nor shall the compensating open space required be in excess of 25 percent of the gross area of the property within the plat boundary exclusive of any public street rights-of-way involved. This does not apply to subdivisions having special lots and containing less than ten acres. Subdivisions having special lots and containing less than ten acres must, however, provide compensating open space in accordance with the schedule. If a plat containing lots requiring compensating open spaces is less than ten acres, but is a part of a larger tract, being planned and developed as an overall design, the city may take into consideration the overall development scheme in the determination of compensating open space requirements provided for herein.

(1991 Code, sec. 28-25; Ordinance 276, sec. 22, adopted 3/8/79; Ordinance 06-616, secs. 15, 16, adopted 12/8/05; Ordinance 13-716, sec. 2, adopted 4/11/13; Ordinance 14-741, sec. 1, adopted 9/25/14; 2007 Code, sec. 38-25)

§ 9.02.026 Compensating open space.

Generally.

Compensating open space required to be established when lots are proposed to be created with areas less than 7,000 square feet is necessary to provide some space for children to play outdoors within their immediate neighborhood or block which will allow them an opportunity to play catch or basketball, fly a kite or glider, ride a tricycle, skate, use small-scale playground equipment which may be provided and other activities normally accommodated in the front or back yard of the typical suburban home. Without this compensating open space, the only alternative for the children to play in areas where yard space has been eliminated, for all practical purposes, by a reduction in the lot area, is the street adjacent to their home. Obviously, this is a very hazardous situation and directly affects the quality of life in these neighborhoods. Compensating open space also allows the individual housing units and lots to be grouped in a manner which creates economics in the installation of utilities and streets required to serve these individual private properties and provides an opportunity for the subdivider to design and develop a more attractive residential neighborhood and fully utilize any natural or topographic features which may be present on the tract being subdivided.

Limitations; courtyards.

Compensating open spaces are to be considered to be only those areas not specifically designated or used as lots, building sites for dwelling units, building sites for utility or storage purposes, vehicular parking lots, carports or garages or driveways thereto or streets either public or private. These properties must be restricted for the exclusive use of owners within the subdivision and owned, managed and maintained under a suitable binding agreement among such property owners. Compensating open spaces may remain undeveloped or landscaped and may be developed for recreational purposes (both active or passive) and can be used to provide courtyard access from groups or clusters of lots adjacent to public streets.

§ 9.02.027 Multifamily residential uses; general provisions.

Compensating open spaces used as courtyards which are designed to provide primary access from groups or clusters of lots or building sites adjacent to public streets must have an average width between the fronts of such lots or buildings of 25 feet with a minimum of such distance being not less than 20 feet. The length of such courtyards should not be more than 200 feet (about 66-1/2 yards) extending away from the public street which such courtyards must open on to.

(1991 Code, sec. 28-26; Ordinance 276, sec. 23, adopted 3/8/79; Ordinance 354, sec. 1, adopted 8/11/83; Ordinance 93-467, sec. 1, adopted 6/10/93; 2007 Code, sec. 38-26)

Notwithstanding any other provisions of this code to the contrary, the following minimum requirements shall apply to all developments containing multifamily dwellings:

Population and density.

Not more than ten multifamily dwelling units, as defined by this section, per acre shall be permitted. Fractions of acres shall be proportioned in accordance herewith to determine maximum units allowable; provided, however, that minimum lot sizes shall be subject to subsection (2).

Exception.

Senior living multifamily developments, as defined by this section, shall be permitted for not more than thirty (30) dwelling units per acre. Fractions of acres shall be proportioned in accordance herewith to determine maximum units allowable; provided however, that minimum lot sizes shall be subject to subsection (2).

Lot size.

The maximum site size for a multifamily residential dwelling development shall be ten acres.

The minimum lot area for a multifamily residential dwelling development shall be 12,000 square feet.

The minimum lot width for a multifamily residential dwelling development shall be 100 feet.

The minimum lot depth for a multifamily residential dwelling development shall be 120 feet.

Building setbacks.

There shall be a front building line of not less than 25 feet. All other setback lines other than the front setback line shall be 20 feet.

Spacing requirements.

In the event more than one building containing multifamily dwelling units is to be located on a single lot or tract, such buildings shall be not less than 15 feet apart; provided, however, that in the event such buildings are situated so that the fronts of each such building face the other, they shall be not less than 40 feet apart.

Screening.

A solid screening wall or fence not less than eight feet in height shall be erected between any lot containing a multifamily dwelling and any adjacent lot restricted to single-family residential use. Such wall or fence shall be erected on the lot containing the multifamily dwelling, by the owner thereof, prior to the issuance of any building permit for construction upon such lot, and such wall or fence shall be maintained by the owner of the lot upon which such wall or fence is erected for as long as same is used for multifamily dwelling purposes.

Garbage receptacles shall have a solid screening wall or fence, not less than eight feet in height, on at least three sides. The front, or unscreened side, shall be located not less than 100 feet from any property line fronting a public street if the unscreened side is directly visible from such public street.

Buildings and parking spaces shall be screened from adjacent public streets by landscape screening or by wall or fence screening. Landscape screening shall be not less than four feet in height above the grade of the centerline of the adjacent street, of which a maximum of two feet may be bermed earth. Landscape screening shall be continuous up to a maximum of 20 feet in length at which it shall be interrupted or varied in height for a minimum of three feet and a maximum of six feet. Slope on sides of berms shall not exceed a two-to-one slope. Wall or fence screening shall consist of masonry or decorative material to provide a visual screen between any adjacent public street and buildings or parking spaces. Wall or fence screening shall be a minimum of six feet in height above the grade of the centerline of the adjacent street.

The owner of the lot upon which a screening device is required by this subsection shall be responsible for the maintenance of each such screening device for as long as such lot is used for multifamily dwelling purposes. It shall be unlawful for any person holding an ownership interest in a lot upon which a screening device is required pursuant to this subsection to fail to maintain such screening device to the minimum standards set forth herein.

Off-street parking.

The following shall be minimum requirements for off-street parking for multifamily dwelling developments:

One and one-half parking spaces per one-bedroom unit.

Two parking spaces per two-bedroom unit.

Two and one-half parking spaces per three or more bedroom units.

One guest parking space per each ten required spaces.

Each parking space shall be not less than nine feet in width by 18 feet in depth. Such parking spaces shall be paved in accordance with the rules and regulations of the city.

Contiguous parking spaces shall not exceed 20 in number and shall be separated from the next contiguous grouping of parking spaces by a landscaping element extending perpendicular from the curb.

Parking spaces shall be set back from property lines adjacent to public streets by not less than 25 feet.

Building height.

No structure containing multifamily dwelling units shall exceed 35 feet in height.

Green space and common recreational area.

A minimum of 40 percent of the gross platted area shall be open green space and common recreational area. Open green space and common recreational area shall be defined as areas not designated or used as building sites for dwelling units, building sites for utility or storage buildings, parking lots, garages, streets or driveways. The actual surface area of open green space, such as lawns and landscaping, and common recreational areas, such as swimming or wading pools and surrounding paved decks, tennis courts, playgrounds and other similarly developed areas, shall be considered in calculating the minimum requirement for open green space and common recreational areas.

§ 9.02.028 Building design, fire walkway.

Such minimum requirements contained in this section shall be in addition to the requirements otherwise provided in this code. No lot or reserve designated for multifamily residential uses shall be approved unless in compliance herewith. Provided further that it shall be unlawful for any person to construct, cause to be constructed or permit the construction of any multifamily residential dwelling without complying with the provisions of this section. For the purposes of this section the term “multifamily dwelling” means any building within which two or more residential dwelling units are contained.

(1991 Code, sec. 28-27.5; Ordinance 93-467, sec. 3, adopted 6/10/93; Ordinance 05-601, sec. II, adopted 6/23/05; Ordinance 15-756, sec. 1, adopted 5/5/15; Ordinance 15-759, sec. 1, adopted 8/21/15; Ordinance 16-777, sec. 1, adopted 3/10/16; 2007 Code, sec. 38-27; Ordinance 25-990 adopted 4/10/2025)

All buildings proposed to be constructed within any project containing private streets and which contain residential dwelling units and have an overall length of 300 feet or more must be so designed to have one or more open, unobstructed walkways through the building at ground level, having a width of not less than five feet each to allow ready access by firefighters and police officers and their equipment and other emergency services to each side of such buildings. In those instances where buildings are to be constructed over and across any private street, the unobstructed overhead clearance must not be less than 14 feet, measured between the highest point of the private street paving under the structure and the lowest part of the building structure or associated parts thereof and suitable restrictions to this condition must be noted on the plat.

(1991 Code, sec. 28-29; Ordinance 276, sec. 26, adopted 3/8/79; 2007 Code, sec. 38-28)

§ 9.02.029 Off-street parking requirements.

The following represents the policy of the city in projects which are required to be submitted to it:

Residential.

All plats or building sites established in any subdivision plat or any development plan containing private streets intended for the construction of residential dwelling units must be so restricted to provide street right-of-way in conformance with the following schedule. The size of off-street parking spaces must be in conformance with the standards approved by the city.

Efficiency: Two parking spaces.

One-bedroom: Two parking spaces.

Two-bedroom: Three parking spaces.

Three-bedroom: Four parking spaces.

Planned unit development lots: Two parking spaces per dwelling unit within or adjacent to each lot.

Single-family detached: Two parking spaces.

The parking spaces required above must not be in tandem and all parking spaces must be illustrated and dimensioned. Parking space arrangement, sizes of spaces and driveway openings must be in conformance with the standards adopted by the city.

Nonresidential parking requirements.

The following schedule of minimum off-street parking requirements shall apply to all nonresidential construction, new or structurally altered, within the city:

Rooming house or boarding house:

One parking space for each sleeping room.

Church or temple:

One parking space for each four seats in the main auditorium.

School (except high school or college):

One parking space for each four seats in the auditorium or main assembly room, or two spaces for each classroom, whichever is greater.

High school:

One parking space for each four seats in the main auditorium or seven spaces for each classroom, whichever is greater.

Community center, library, museum or art gallery:

Ten parking spaces plus one additional space for each 300 square feet of floor area in excess of 2,000 square feet.

Hospital:

One parking space for each bed.

Sanitarium, convalescent home, home for the aged or similar institution:

One parking space for each six beds.

Theater or auditorium (except school):

One parking space for each four seats or bench seating spaces.

Sports arena, stadium or gymnasium:

One parking space for each four seats or seating spaces.

Hotels:

One parking space for each sleeping room.

Tourist home, cabin or motel:

One parking space for each sleeping room.

(L)

Dance hall, assembly or exhibition hall without fixed seats:

One parking space for each 100 square feet of floor area used therefor.

(M)

Business or professional office, studio, bank, medical or dental clinic:

Three parking spaces plus one additional parking space for each 300 square feet of floor area over 1,000.

(N)

Bowling alley:

Five parking spaces for each bowling lane.

(O)

Mortuary or funeral home:

One parking space for each 50 square feet of floor space in chapel and other rooms open to the public.

(P)

Restaurant, nightclub, cafe or similar recreation or amusement establishment:

One parking space for each 100 square feet of floor open to the general public.

(Q)

Retail store or personal service establishment (freestanding):

One parking space for each 300 square feet of floor area.

(R)

Furniture or appliance store, hardware store, wholesale establishment, machinery or equipment sales and service, clothing or shoe repair service shops:

Two parking spaces plus one additional parking space for each 300 square feet of floor area over 1,000.

(S)

Manufacturing or industrial establishment, research or testing laboratory, creamery, bottling plant, warehouse or similar establishment:

One parking space for each employee projected for the highest employment shift plus adequate space as determined by the chief building official to accommodate all trucks and other vehicles used in connection therewith.

(T)

Retail stores or shops in buildings such as shopping centers and malls exceeding 600,000 square feet of total retail space:

One parking space for each 250 square feet of floor area.

(U)

Auto repair, garage or shop:

One parking space for each 500 square feet of floor area.

(V)

Open retail sales:

One parking space for each 600 square feet of site area exclusive of buildings.

(W)

Veterinarian office or clinic:

One parking space for each 300 square feet of floor area.

(X)

Day camp, kindergarten or day nursery:

One parking space for each ten pupils.

(Y)

Lodge or fraternal organization:

One parking space for each 200 square feet of floor area.

(Z)

Eating or drinking place (service to auto):

Twelve parking spaces plus one parking space for each 50 square feet of floor space over 900 square feet.

(AA)

Storage unit facilities:

One parking space for each 40 storage units.

Rules for nonresidential parking.

In computing the number of nonresidential parking spaces required, the following rules shall govern:

Floor area shall mean the gross floor area of the specific use.

The parking space required for a use not specifically mentioned herein shall be the same as required for a use of similar nature.

Whenever a building or use constructed or established after the effective date of this title is changed or enlarged in floor space, number of employees, number of dwelling units, seating capacity or otherwise, to create a need for an increase of ten percent or more in the number of existing parking spaces, such spaces shall be provided on the basis of the enlargement or change. Whenever a building or use existing prior to the effective date of the ordinance from which this section is derived is enlarged to the extent of 50 percent or more in floor area or in the area used, such building or use shall then and thereafter comply with the parking requirements set forth herein.

Location of parking spaces.

All parking spaces required herein shall be located on the same lot with the building or use served, except that where an increase in the number of spaces is required by a change or enlargement of use or where such spaces are provided collectively or used jointly by two or more buildings or establishments, the required spaces may be located not to exceed 300 feet from an institutional building served and not to exceed 500 feet from any other nonresidential building served.

Not more than 50 percent of the parking spaces required for theaters, bowling alleys, dance halls, nightclubs or cafes; and

Up to 100 percent of the parking spaces required for a church or school auditorium;

may be provided and used jointly by banks, offices, retail stores, repair shops, service establishments and similar uses not normally open, used or operated during the same hours as those listed in subsections (4)(B)(i) and (4)(B)(ii) of this section.

Loading space.

Every building or part thereof erected or occupied for retail business, service, manufacturing, storage, warehousing, hotel, mortuary or any other use similarly involving the receipt or distribution by vehicles of materials or merchandise shall provide and maintain on the same premises loading space in accordance with the following requirements: One loading space for the first 5,000 to 15,000 square feet of floor area in the building and one additional loading space for each 15,000 square feet or fraction thereof of floor area in excess of 15,000 square feet.

Minimum dimensions.

Ninety-degree angle parking: Each parking space shall be not less than nine feet wide nor less than 18 feet in length. Maneuvering space shall be not less than 25 feet in length.

Sixty-degree angle parking: Each parking space shall be not less than nine feet wide perpendicular to the parking angle nor less than 19.8 feet in length when measured at right angles to the building or parking line. Maneuvering space shall be not less than 18 feet perpendicular to the building or parking lines.

Forty-five-degree angle parking: Each parking space shall be not less than nine feet wide perpendicular to the parking angle nor less than 18.7 feet in length when measured at right angles to the building or parking lines. Maneuvering space shall be not less than 11 feet perpendicular to the building or parking lines.

When off-street parking facilities are located adjacent to a public alley, the width of such alley may be assumed to be a portion of the maneuvering space requirements.

A private walk, if provided adjacent to a business building, shall be not less than five feet in width and shall be in addition to the minimum requirement for parking and maneuvering space herein required.

(1991 Code, sec. 28-30; Ordinance 276, sec. 27, adopted 3/8/79; Ordinance 337, secs. 1, 2, adopted 8/12/82; Ordinance 354, sec. 2, adopted 8/11/83; Ordinance 93-467, sec. 2, adopted 6/10/93; Ordinance 13-717, sec. 2, adopted 4/25/13; Ordinance 15-755, sec. 1, adopted 4/23/15; Ordinance 16-783, sec. 1, adopted 8/25/16; Ordinance 16-788, sec. 1, adopted 9/22/16; Ordinance 18-824, sec. 1, adopted 7/26/18; 2007 Code, sec. 38-29)

§ 9.02.030 Common area lighting.

Title.

These rules and regulations shall be known and cited as “Section 9.02.030, Common area lighting,” of the subdivision regulations of the city.

Purpose.

The purpose of these rules, regulations and procedures is to provide for the orderly and safe lighting of private drives, parking areas and pedestrian ways in multifamily developments and commercial areas within the city.

Intent.

It is intended to establish a uniform procedure to ensure properly designed, constructed and maintained lighting throughout the city.

Minimum standards for multifamily.

All private streets, parking areas, common areas and pedestrian ways in multifamily housing projects (apartments, townhouses, etc.) shall be lighted (illuminated) to an average of 0.2 footcandle at ground level.

§ 9.02.031 Engineering documents regarding public improvements.

Minimum standards for commercial areas.

All parking areas (lots), service courts and alleys shall be lighted (illuminated) to an average of 0.2 footcandle at ground level.

(f)

Compliance.

No building permit will be issued until the lighting (illumination) design and plan has been submitted to the city. Issuance of a permit shall not be interpreted as an endorsement of the lighting layout.

(g)

Ownership and maintenance.

All lighting facilities will be owned, operated and maintained by the project owner or approved homeowners’ organization.

(1991 Code, sec. 28-31; Ordinance 276, sec. 27-1, adopted 3/8/79; Ordinance 318, secs. 1–5, adopted 7/9/81; 2007 Code, sec. 38-30)

The subdivider shall submit three copies of all required plans, profiles, details, charts, schedules and specifications pertaining to all public improvements to the city for review and approval by the city engineer. The preparation of such engineering documents shall be in accordance with accepted engineering practices. The city manager shall, upon receipt of the engineering documents, transmit two copies to the city engineer and retain one copy in the city files. The city engineer shall return one copy to the city with his comments and/or approval and retain one copy for his file. The developer shall cause to have made all changes or corrections to the documents, as outlined by the city engineer, so as to conform with all applicable city standards and regulations, and shall furnish the city with four copies of the final approved plans and specifications.

(1991 Code, sec. 28-32; Ordinance 276, sec. 28, adopted 3/8/79; 2007 Code, sec. 38-31)

§ 9.02.032 Recording of final plats.

Guarantee of performance.

No subdivision plat shall be filed of record with the county clerk and no building permit, or water, sewer, plumbing or electrical permit shall be issued by the city to the owner or any other person with the respect to any property in any subdivision until the earlier of such time as:

The subdivider or developer of such subdivision has complied with all provisions of this article and such conditions of the city council applicable to the final plat regarding installation of all required improvements and for which required improvements the subdivider or developer has received acceptance by city council for the start of the one-year maintenance period as described in subsection (b) of this section [section 9.02.034];

An escrow deposit sufficient to pay for 120 percent of the estimated cost of such improvements as determined by the director of public works, computed on a private commercial rate basis, has been made with the city manager or designee, accompanied by an agreement by the subdivider or developer authorizing the city to make such improvements at prevailing private commercial rates or have the same made by a private contractor and pay for the same out of the escrow deposit should the subdivider or developer fail or refuse to install the required improvements within the time stated in such written agreement. Such deposit may be used by the subdivider or developer as progress payments as the work progresses upon written certification by the director of public works that work for which payment is sought has been completed and that sufficient funds remain in the escrow account to complete the work. Any and all funds remaining from any such escrow deposit upon completion of the work and acceptance thereof by city council shall be promptly released by the city to the depositor; or

The subdivider or developer files a corporate surety bond with the city manager or designee, executed by a surety company licensed to do business in the state and acceptable to the city council, in an amount equal to 120 percent of the cost of installation of all required improvements as determined by the director of public works, computed on a private commercial rate basis, guaranteeing the installation of such required improvements by the subdivider or developer within the time stated in the bond, which time shall be fixed by the city council.

§ 9.02.034 Disapproval of plans and plat; maintenance of dedicated improvements.

Recording.

Upon approval of any plat required hereunder, and full compliance by the subdivider or developer with all conditions of such approval, the city manager shall provide for the recording of any such approved final plat with the county clerk. No final plat shall be returned or released to the subdivider until recorded as provided above.

(1991 Code, sec. 28-33; Ordinance 276, sec. 29, adopted 3/8/79; Ordinance 06-616, sec. 18, adopted 12/8/05; 2007 Code, sec. 38-32; Ordinance adopting 2022 Code)

§ 9.02.033 Vacation of recorded plats.

Any recorded subdivision plat may be vacated by the proprietors of the land covered, upon approval of the city council in conformance with the provisions and procedures of V.T.C.A., Local Government Code section 212.013.

(1991 Code, sec. 28-34; Ordinance 276, sec. 30, adopted 3/8/79; 2007 Code, sec. 38-33)

Disapproval of a plat shall be deemed a refusal to accept the offered dedications shown thereon. Approval of the plat shall not impose any duty upon the city concerning the maintenance of improvements of any dedicated parts indicated thereon until the city council, after inspection and recommendation by the director of public works, shall have accepted same by resolution expressing such acceptance. The subdivider or developer shall maintain all such improvements for a period of one year following such acceptance by city council; provided, however, that such one year of required maintenance shall not begin until there has been filed with the city manager or designee either a maintenance bond, executed by a surety company licensed to do business in the state and acceptable to the city council, in an amount equal to 100 percent of the cost of installation of such improvements, warranting that said improvements will render satisfactory operation for such one-year period, or a cash bond, in an amount equal to 100 percent of the cost of installation of such improvements, likewise warranting that said improvements will render satisfactory operation for such one-year period.

(1991 Code, sec. 28-35; Ordinance 276, sec. 31, adopted 3/8/79; Ordinance 06-616, sec. 19, adopted 12/8/05; 2007 Code, sec. 38-34; Ordinance adopting 2022 Code)

§ 9.02.035 Variances.

Where literal compliance with any provision or standard of these regulations creates or causes an unnecessary or impractical hardship in the subdividing of a tract of land, the council shall have the authority to grant a modification in the application of such provision or standard. In no case, however, shall the council grant such modification unless it finds that all of the following conditions are satisfied:

That the modified proposal would conform to the city plan;

That literal enforcement of a provision would render subdivision of the tract of land impractical;

That literal enforcement of a provision will result in an unnecessary or impractical hardship in the subdivision of a tract of land; and