This article shall be known and may be cited as “The City
of Lucas Subdivision and Development Ordinance.”
(Ordinance 2006-07-00567, sec. 1,
adopted 7/7/06)
This article is adopted under the authority of the city charter,
and the constitution and laws of the state, including chapters 43,
212 and 242 of the Texas Local Government Code, as amended.
(Ordinance 2006-07-00567, sec. 1,
adopted 7/7/06)
(a)
The purpose of this article is to: (i) provide for the orderly, safe
and healthy development of the land within the city; (ii) protect
and promote the health, safety, morals and general welfare of the
city; (iii) guide the future growth and development of the city; (iv)
provide for the proper location and width of streets and building
lines; (v) provide adequate and efficient transportation, streets,
storm drainage, water, wastewater, parks, and open space facilities;
(vi) establish reasonable standards of design and procedures for platting
to promote the orderly layout and use of land, and to insure proper
legal descriptions and monumenting of platted land; (vii) insure that
public infrastructure facilities required by city ordinances are available
with sufficient capacity to serve the proposed development; (viii)
require the cost of public infrastructure improvements that primarily
benefit the tract of land being platted be borne by the owners of
the tract.
(b)
Every owner of any tract of land situated within the corporate limits
of the city or within the extraterritorial jurisdiction of the city
who divides the tract in two or more parts to lay out a subdivision
of the tract, including an addition to the city, to lay out a building
lot, or other lots, or to lay out streets, alleys, squares, parks
or other parts of the tract intended to be dedicated to public use
or for the use of purchasers or owners of lots fronting on or adjacent
to the streets, alleys, squares, parks, or other parts must have a
plat of the subdivision prepared and approved according to this article.
A division of a tract under this article includes a division regardless
of whether it is made by using a metes and bounds description in a
deed of conveyance or in a contract for a deed, by using a contract
of sale or other executing contract, or by using any other method.
A division of land does not include a division of land into parts
greater than 5 acres, where each part has access and no public improvement
is dedicated.
(c)
The procedure for approving a plat may require a preliminary plat
as required, a minor plat as applicable, and a final plat. Except
as otherwise permitted, the approval of a preliminary plat by the
planning and zoning commission and city council is required for the
construction of public improvements on the property. The preliminary
plat and the associated engineering plans for the property may be
amended during construction, with only major changes requiring reapproval
by the planning and zoning commission. Upon completion of the required
public improvements, or the provision of an improvement agreement,
the owner may submit a corrected final plat for the subdivision. Lots
may be sold and building permits obtained after approval of the final
plat by the planning and zoning commission, and the recording thereof.
(Ordinance 2006-07-00567, sec. 1,
adopted 7/7/06; Ordinance
2021-11-00939 adopted 11/4/21)
This article shall apply to all subdivisions of land within
the corporate limits of the city, and all land outside the corporate
limits that the city council may annex, and all land within the extraterritorial
jurisdiction of the city to the full extent allowed by state law.
(Ordinance 2006-07-00567, sec. 1,
adopted 7/7/06)
The following words and phrases when used in this article shall
have the meaning respectively ascribed to them in this section:
A minor right-of-way, dedicated to public use, which affords
only secondary means of vehicular access to the back or side of properties
otherwise abutting a street, and which may be used for public utility
purposes.
Any drainage system including a bar ditch.
The governing body of the City of Lucas, Texas.
The person or company employed or appointed as the city engineer
or director of public works by the city manager.
A person currently employed by the City of Lucas.
A plan of the city adopted by the city council, as amended
from time to time. The comprehensive plan indicates the general locations
recommended for various land uses, transportation routes, streets,
parks and other public and private developments and improvements.
The city’s comprehensive zoning ordinance, as amended.
Collectively means the drainage and stormwater pollution
prevention design manual, the current North Central Texas Council
of Governments (“NCTCOG”) paving design standards, or
paving design manual, stormwater design manual, and water and wastewater
design manual.
The owner of property or the person authorized by the owner
to develop the property.
The subdivision of land and/or the construction or reconstruction
of one (1) or more buildings or the structural alteration, relocation
or enlargement of any buildings or structures on a tract or tracts
of land.
The DRC is comprised of staff members representing the various
departments and divisions involved in the review and approval process
(administration, planning, engineering, building inspection, public
works, fire, parks and health). DRC is responsible for review of development
and building plans, subdivision plats and zoning applications. It
offers reports and recommendations to both P&Z and city council
pertaining to applications and proposals requiring actions by these
bodies. DRC has final approval authority for certain plats such as
minor plats in compliance with Texas Local Government Code, section
212.016.
The city manager or the person appointed by the city manager
as the development services director of the city who oversees the
daily operations involving the development of the city.
The city drainage standards adopted by ordinance from time
to time as amended.
One or more of the property rights granted by the owner to
and/or for the use by the public, or another person or entity.
A person licensed as a professional engineer duly authorized
under the provisions of the Texas Engineering Practice Act, as amended,
to practice the profession of engineering.
The drawings and specifications prepared by a licensed professional
engineer submitted to the city and required for plat approval.
The unincorporated area that is contiguous to the corporate
boundaries of the city, as determined by Texas Local Government Code,
section 42.001 et seq.
A contract entered into by the developer and the city by
which the developer promises to complete the required public improvements
within the subdivision within a specific time period following final
plat approval in accordance with this article (i.e., letter of credit,
cash bond, facilities agreement).
An undivided tract or parcel of land under one ownership
having frontage on a public street, and either occupied or intended
to be occupied by one main building and the required parking, or a
group of main buildings, and accessory buildings, which parcel of
land is designated as a separate and distinct tract and building site.
The word “may” is permissive.
The person or legal entity that holds fee simple title to
the property, and the person or persons that have acquired any interest
in the property by contract or purchase or otherwise; or, the owner’s
authorized representative.
The current North Central Texas Council of Governments (“NCTCOG”)
design standards.
Any formal plan, such as a plat, replat, any site plan, or
concept plan which has been deemed administratively complete and contains
all of the items or information required under this code and has affixed
thereto a stamp or notation that the development documents are filed.
A zoning district which accommodates planned associations
of uses developed as integral land use units such as industrial districts,
office, commercial or service centers, shopping centers, residential
developments of multiple or mixed housing including attached single-family
dwellings or an appropriate combination of uses which may be planned,
developed or operated as integral land use units either by a single
owner or a combination of owners.
Appointed by the city council to develop design standards,
and make recommendations concerning the platting, zoning, and use
of land within the city.
The development services director or the person appointed
by the city manager.
The graphic representation of a subdivision, resubdivision,
combination of lots or tracts, or recombination of lots or tracts.
Plat includes a replat, minor plat, and amending plat.
A plat as described by Texas Local Government Code, section
212.016, as amended.
The final plat of a proposed development submitted for approval
by the planning and zoning commission prepared in accordance with
the provisions of this article and requested to be filed with the
county clerk.
A plat which contains four (4) or fewer lots fronting on
an existing street and not requiring the creation of any new street
or extension of municipal facilities as described by Texas Local Government
Code, section 212.0065, as amended.
The initial plat or working draft map or plan of a proposed
development requiring public improvements submitted to the planning
and zoning commission and the city council for approval.
Any land and improvements thereon dedicated to the public
and accepted by a governmental entity, including but not limited to
streets, alleys, squares, parks, and open space, construction, reconstruction,
or upgrading of a water, wastewater, sanitary sewer, or storm sewer
line, public street, or undergrounding of public utilities.
The word “shall” is always mandatory and nondiscretionary.
The master plan for the city for storm drainage facilities
adopted and amended by ordinance from time to time.
A public way for vehicular traffic, whether designated as
a street, highway, thoroughfare, parkway, throughway, road, avenue,
boulevard, private place, or however otherwise designated, other than
an alley or driveway.
Anything constructed or erected, the use of which requires
location on the ground, or which is attached to something having a
location on the ground.
The division of any tract of land situated within the corporate
limits, or within the city’s extraterritorial jurisdiction,
in two or more parts, or the identification of a single tract, for
the purpose of laying out any subdivision of any tract of land or
any addition to the city, or for laying out suburban lots or building
lots, or any lots, streets, alleys, squares, parks or other parts
intended to be dedicated to public use or for the use of purchasers
or owners of lots fronting on or adjacent to the streets, alleys,
squares, parks, or other parts for the purpose, whether immediate
or future, of creating building sites. A division of a tract includes
a division regardless of whether it is made by using metes and bounds
description in a deed of conveyance or in a contract for a deed, by
using a contract of sale or other executory contract to convey, or
by using any other method. Subdivision includes resubdivision, but
it does not include the division of land into parts greater than five
(5) acres, where each part has access and no public improvement is
dedicated.
A registered professional land surveyor, as authorized by
state law to practice the profession of surveying as authorized by
the Professional Land Surveying Practices Act, as amended.
Improvements built and maintained by an owner during construction
of the development of the subdivision or addition and prior to the
acceptance of the performance bond or improvements required for the
short-term use of the property.
The thoroughfare plan adopted by ordinance and as amended
from time to time.
A small vicinity location map which shows sufficient streets,
collector and arterial street names, and major features of the surrounding
area to locate the area being subdivided.
The master plan for the city for wastewater facilities adopted
and amended by ordinance from time to time.
The city water and wastewater standards adopted and amended
by ordinance from time to time.
The master plan for the city for water facilities adopted
and amended by ordinance from time to time.
(Ordinance 2012-05-00715, sec. 1,
adopted 5/17/12; Ordinance
2016-01-00827 adopted 1/7/16; Ordinance 2021-11-00939 adopted 11/4/21)
Except as otherwise provided herein, any developer aggrieved
by any finding or action of the development services department or
the planning and zoning commission may appeal to the city council
within thirty (30) days after the date of such finding or action and
not thereafter.
(Ordinance 2021-11-00939 adopted 11/4/21)
(a)
Filings fees for plats established by ordinance by the city council
from time to time shall be paid by the developer at time of application.
(b)
Plat recordation fees which are charged by the county shall be paid
by the developer to the development services department at the time
of application.
(Ordinance 2016-01-00827 adopted 1/7/16; Ordinance 2021-11-00939 adopted 11/4/21)
(a)
The standards and requirements of this article may be modified by
the planning and zoning commission for a subdivision zoned planned
development containing several types of land uses which, in the judgment
of the planning and zoning commission, provides adequate public spaces
and improvements for vehicular circulation, recreation, light, air
and service needs of the tract when fully developed and which also
provides such covenants or other legal provisions as will assure conformity
to and achievement of the plan.
(b)
Where existing conditions require a modification of these standards
and regulations because of a unique and unusual condition not applicable
generally to other property, the planning and zoning commission may,
subject to city council approval, grant a waiver to these standards
to permit equitable treatment of the land or tract in light of the
condition.
(c)
In granting waivers and modifications, the planning and zoning commission
and city council may require such conditions as will, in their judgment,
secure substantially the purposes of these standards and requirements
and maintain the spirit and intent of this article.
(d)
The grant of a waiver shall not in any manner vary the provisions
of the city comprehensive zoning ordinance.
(e)
A request for a waiver shall be submitted in writing by the developer
at the time the preliminary plat is filed.
(f)
A request for a waiver must be approved by the city council at the
time of preliminary plat approval.
(Ordinance 2006-07-00567, sec. 1,
adopted 7/7/06)
(a)
Any person, firm or corporation who shall violate any of the provisions of this article or who shall fail to comply with any provision hereof within the corporate limits of the city shall be guilty of a misdemeanor and upon conviction shall be subject to a fine as provided in section 1.01.009 of this code, and each day that such violation continues shall constitute a separate offense.
(b)
Any person, firm, or corporation who shall violate any of the provisions
of this article or who shall fail to comply with any provisions hereof
within the corporate boundaries of the city or the extraterritorial
jurisdiction of the city shall be subject to any appropriate action
or proceeding by the city to enjoin, correct, abate or restrain the
violation of this article including the recovery of damages and civil
penalties.
(Ordinance 2006-07-00567, sec. 1,
adopted 7/7/06; Ordinance adopting
Code)
