ORDINANCE No. 188
Editor’s note–Appendix “A” and Appendix “B” of the subdivision ordinance are not printed herein.
PASSED: December 11, 2002
EFFECTIVE: December 11, 2002
AN ORDINANCE GOVERNING PLATS AND SUBDIVISIONS OF LAND WITHIN THE CITY OF RANSOM CANYON’S JURISDICTION TO PROMOTE THE HEALTH, SAFETY, MORALS, OR GENERAL WELFARE OF THE MUNICIPALITY AND THE SAFE, ORDERLY AND HEALTHFUL DEVELOPMENT THEREOF; PROVIDING A SAVING CLAUSE; PROVIDING A PENALTY AND ENFORCEMENT THEREOF AS PROVIDED BY STATUTE; AND PROVIDING FOR PUBLICATION
Whereas after a public hearing on the matter, the City Council of the City of Ransom Canyon finds that the ordinance governing plats and subdivisions of land within the municipality’s jurisdiction would be in the best interests of the citizens of the City of Ransom Canyon; NOW THEREFORE:
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF RANSOM CANYON:
A. 
This ordinance shall be known as and may be cited as “Subdivision Regulations.”
B. 
Statement of Policy - Chapter 212, Subchapter A § 212.001, et seq., Tx. Loc. Govt. Code allows for the governing body of the municipality to coordinate the platting, replatting and conversion of undeveloped land into building sites which create long-range impacts on the development of Ransom Canyon. This ordinance and the regulations herein set forth are formulated to best serve the needs of public and private interests within the city and surrounding areas. The general health, safety, morals, and general welfare of Ransom Canyon citizens will be better served by the utilization of this ordinance through which a safe, orderly and helpful development of the municipality can be sustained.
(Ordinance 188 adopted 12/11/02)
Abutting
- Adjacent; joining at a boundary.
Building Setback
- Building lines (front, rear, and side) are lines located horizontally a minimum distance from and parallel to the corresponding (front, rear, or side) lot line. No portion of a building shall extend over such lines unless provided for in Ransom Canyon as set forth in Dedication Deeds and/or Deed Restrictions as supplemented or amended.
City
- The City of Ransom Canyon.
City Engineer
- A licensed professional so licensed by the Texas Board of Professional Engineers, designated by the Council to advise and act in provided [providing] engineering facts and opinions for the benefit of the City.
Council (the)
- The City Council of the City.
Easements.
Land upon which an authorized use is specifically granted to an entity by the owner of the land.
Extraterritorial Jurisdiction (ETJ).
The unincorporated area surrounding the City of Ransom Canyon and contiguous with the City’s boundaries as set forth in Article 970a, Section d, Vernon’s Annotated Civil Statutes, taken to be land area extending 1/2 mile from the City’s boundaries or as defined under contract with the City of Lubbock.
Lake Area.
That part of any natural stormwater impoundment area in the city or ETJ, if any, the perimeter of which has been established by a duly designated engineer of the city or any state, Federal or local authority and being the area below the estimated high water level. See also Section 4, D.
Land Use Plan.
The Land Use Plan of the City and adjoining areas adopted by the City Council including all its revisions. The Plan indicates the general locations recommended for various land uses, transportation routes, public and private buildings, streets, parks, and other public and private developments and improvements.
Lot.
A parcel of land occupied or intended for occupancy by a use permitted by reference as set forth in prior and subsequent Deed Restrictions including one main building with its accessory buildings, the open spaces and parking spaces required by reference as set forth in prior and subsequent Deed Restrictions and having its principal frontage on a street or upon an officially approved place, which parcel of land shall be designated as a separate and distinct tract and is identified by a tract or lot number or symbol in a duly approved subdivision plat of record.
Miscellaneous.
T.L.G.C. shall mean Texas Local Government Code, Texas; pronouns of whatever gender shall include the male, female or neuter gender.
Person.
An individual, association, firm, corporation, governmental agency, or political subdivision.
Plat.
A map of a subdivision showing the location and boundaries of actual or proposed tracts and/or lots, as well as other information including streets, contours, easements, survey and distance information, and other required items.
Plat - Final.
A subdivision map prepared by a licensed professional engineer or surveyor with survey data conforming with all required inclusions and signatures, and filed in the County Clerk’s office as a legal designation for the illustrated tracts, lots, streets and easements.
Plat - Preliminary.
A working instrument for review and comment by the City Council. The first map or plan for a proposed subdivision, which serves as a working instrument for review and comment by the City Council or its designated person or named group. Required changes are noted within the acceptance or rejection of the plat. Each preliminary plat shall contain all contiguous property.
Plats Coordinator.
That person or persons designated by the City Council to be the administrator responsible for the platting coordination process. In the absence of such a designee, the City administrator shall act as the Plats Coordinator.
Replatting.
The alteration of any part or all of any lot, block or tract of a previously platted subdivision.
Shall, May.
The word “shall” shall be deemed as mandatory; the word “may” shall be deemed as permissive.
Street.
The term “street” is a dedicated public way for vehicular traffic and other public uses.
Street Access.
Each platted tract or lot within the City shall front on a public street, unless provided for otherwise under a provision of existing City Ordinance or as amended.
Street - Collector.
Collector streets are those which transfer traffic from residential streets to thoroughfare streets as designated on the Land Use Plan, or in Appendix “A”.
Street - Residential.
Residential streets are those that are used primarily for access to the abutting properties, generally within residential areas as designated on the Land Use Plan, or as shown in Appendix “A”.
Street - Thoroughfare Streets or Highways.
Thoroughfare streets are major streets of the traffic system. The thoroughfare is used primarily for fast and/or heavy traffic moving in large volumes at moderate speed on long intercity or intracity trips as designated on the Land Use Plan, or in Appendix “A”.
Subdivider.
A person who causes land to be divided into a subdivision for himself or others or seeks authorization for same.
Subdivision.
A subdivision is the division of a tract of land within the corporate limits, or within the extraterritorial jurisdiction of the City, divided in two or more parts 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, and streets, parks or other portions intended for public use, or used by the public with the implied or expressed consent of the subdivider or [for] the use of purchasers or owners of lots fronting thereon or adjacent to the streets and parks. A division of land for agricultural purposes into lots, parcels, or tracts of five (5) acres or more not involving a new street shall not be deemed a subdivision. The term resubdivision shall be included within this definition.
Terms, Phrases, Words, etc.
Terms, phrases, words and their derivatives, which are not expressly defined herein, shall be construed in accordance with customary uses in municipal planning, law, and engineering practices.
(Ordinance 188 adopted 12/11/02)
A. 
Plat Required.
The owner of a tract of land located within the limits, or in the extraterritorial jurisdiction of the City who divides the tract in two or more parts to lay a subdivision of the tract, including an addition to the municipality, or to lay out suburban, building, or other lots, and to lay out streets, squares, or other parts of the tract intended to be dedicated to public use or for the use of purchasers or owners of lots fronting on or adjacent to the streets, squares, parks, or other parts must have a plat of the subdivision prepared. (Section 212.004, T.L.G.C.)
B. 
Pre-plat Conferences.
Developers are encouraged to meet with City Staff prior to submittal of a preliminary plat. The Plats Coordinator shall receive plats, communicate staff comments, and direct developers to the Building Control Committee when questions exist.
1. 
Plats Coordinator shall work with any subdivider to provide appropriate recommendations and advise for the preparation of subdivision plats.
2. 
The subdivider shall bear responsibility for a timely submission of a plat meeting all requirements of this Ordinance. Review of plat materials well in advance of plat submittal deadline will allow for recommendations by staff to be considered by the subdivider.
3. 
Because all plats within the city become a part of total development, the developer should consider not only the area within the plat, but also the conditions of the abutting property and the interest of adjacent property owners.
4. 
Areas within the jurisdiction of the City Council subject to flood conditions, as established by the City Engineer, should be noted.
5. 
Drainage and/or cut and fill provisions and/or plans that have been approved by the Council should be noted.
C. 
Preliminary Plat.
Procedures for Conditional Approval.
1. 
The preliminary plat prepared in accordance with this Ordinance shall be presented to the Plats Coordinator in compliance with stated schedules and filing deadlines, if any, issued by the Council.
2. 
Five (5) copies of the preliminary plat shall be submitted to the Plats Coordinator together with an application and processing fee. For each proposed plat or reapproval, the Council shall receive staff recommendation as to need for a corrected plat. The corrected plat, if required, shall consist of five (5) copies. When required by the Council, the preliminary plat process shall not be completed until the corrected copies have been filed with the Plats Coordinator.
3. 
Preliminary Plats, including portions of any preliminary plat not having been filed as a final plat, require annual renewal to continue as an approved preliminary plat. Upon notification by the proponent of the desire for reapproval and payment of fees, each plat or portion thereof subject to reapproval shall fall into (a) or (b) following;
a. 
Routine renewal - review by the Plats Coordinator may determine that existing conditions and the preliminary plat remain substantially unchanged and require no formal action by the Council. With Plats Coordinator approval the plat shall continue under the original stated conditions until the next annual review.
b. 
Change in Conditions - Conditions have changed within or adjacent to the preliminary plat such that review by the Plats Coordinator determines that renewal must be carefully considered. The plat shall be placed upon the Council’s agenda. Notification shall be sent to proponent/applicant/subdivider specifying the following:
1) 
Recommendation of review by the Council for the preliminary plat,
2) 
The filing deadline and meeting date of the Council when the review shall occur,
3) 
The Plats Coordinator shall recommend corrected copies be submitted before reapproval is complete,
4) 
Recommended valid previous conditions and additional conditions.
4. 
Consideration for renewal of Preliminary Plats shall require a fee in accordance with the fee schedule adopted by the City Council and may be periodically adjusted. If such fee is not received, the request for renewal shall not be placed on the agenda of the Council. Upon renewal of a Preliminary Plat by the council, the council may require five (5) corrected copies (reflecting all approved conditions) which shall be submitted to the Plats Coordinator.
5. 
The following notice shall be stamped on the face of each preliminary plat by the Plats Coordinator, “Preliminary Plat - For inspection purposes only, and in no way official or approved for recording purposes.”
6. 
Following review of the preliminary plat and other material submitted in accordance with these regulations, negotiations with the subdivider on changes together with the kind and extent of improvements to be made, Council shall, within thirty (30) days, act thereon as submitted, or with agreed modifications. The Council shall express its approval as conditional approval and state the conditions, if any, or if disapproved, shall express its disapproval together with its reasons therefor.
7. 
All persons or parties with a reasonable interest in such proceedings shall be sent notice of conditions from the Plats Coordinator.
D. 
Excavations and Fills - in areas other than lake areas - procedures for securing permission.
The approval of the Council shall be secured before any excavation, removal of earth, reshaping or cut and fills are made which will affect drainage. Excepted from this requirement are those excavations and fills made in the course of construction such as foundations, basements, or subfloors, which are authorized by a building permit.
Procedures for securing permission include:
1. 
On reaching conclusions, including advisement of City Staff, regarding a general plan, the subdivider shall submit five (5) copies of the plan with all appropriate information to the City Plats Coordinator.
2. 
Such plan shall be accompanied by a fee in accordance with the fee schedule as adopted or to be adopted by the City Council.
3. 
The plan shall be titled appropriately and include the Subdivision or plat name, and the comment, “For inspection purposes only, not intended for construction.” shall be clearly displayed.
4. 
Following review of the plan and other material submitted for conformity with these regulations, and negotiations with the subdivider on changes deemed advisable, [and] the kind and extent of improvements to be made, the Council shall, within thirty (30) days, act thereon as submitted, or modified. The City Council shall express its approval as conditional approval and state the conditions of such approval, if any, or if disapproved, shall express its disapproval and its reasons.
5. 
The action of the Council shall be noted and attached with two (2) copies of the plan. One (1) copy of the approved written conditions shall be mailed to the subdivider, the other kept on file by the Plats Coordinator.
6. 
Should the Council deem necessary, the subdivider shall resubmit a corrected plan, providing five (5) copies reflecting all required changes before the plan process is complete.
7. 
Upon completion of any cut and/or fill work, a certified “as-built” plan shall be provided by a licensed Texas Professional Engineer or registered Land Surveyor to the City Engineer. All fill areas shall be subject to the following:
a. 
Testing shall be performed in accordance with ASTM standards by a commercial testing laboratory. ASTM is the American Society for Testing Materials.
b. 
All fill materials shall be compacted to ninety-five (95) percent standard Proctor density in accordance with ASTM D-698.
c. 
Field densities shall be determined in accordance with ASTM D-2167 (rubber balloon density method), ASTM D-1556 (sand cone density method), or ASTM D-2922 (nuclear density method).
d. 
Four (4) field densities shall be taken per acre of fill material and densities shall be taken, and shall not exceed an eight-inch lift, or portion thereof, of succeeding depths of fill materials. Each area of fill material less than one-half acre shall have a minimum of two (2) field densities for each lift, and areas of fill material between one-half (1/2) acre and one (1) acre shall have a minimum of three (3) field densities for each lift.
e. 
The field densities shall be taken in such a manner as to be a representative sampling of the lifts. The location of the tests shall be proportionately spaced to represent approximate equal areas of each acre being tested. Testing shall not occur at the same location in succeeding lifts, so a representative sampling of the total fill may be obtained.
f. 
The location of the field density tests shall be indicated upon a map to become a part of the certified as-built plan.
g. 
Copies of all test results with location maps shall be furnished to the City Engineer with the certified as-built plan.
It shall be unlawful for any person, firm, corporation, or association, as owner, proprietor, lessee, or occupant of any lot or tract of land to engage in or authorize a cut and fill, excavation, removal of earth, or reshaping in or upon such property, without first securing the approval of the City in the manner set forth above.
E. 
Final Plat - Procedure for Approval.
1. 
The Final Plat shall conform to the approved Preliminary Plat, and may constitute only a portion of the approved Preliminary Plat provided that such portions conform to all requirements of these regulations. The Final Plat shall contain full width right-of-way dedication for all streets within and abutting the portion proposed for Final Plat as shown on the approved Preliminary Plat.
2. 
Five (5) copies of the Final Plat, together with two (2) reproducible sepias and supplementary materials required for approval, shall be prepared as specified in Section 6 [and] shall be submitted to the City Council through the Plats Coordinator. All materials shall be submitted to the Council within three hundred sixty-five (365) days after approval of the Preliminary Plat, otherwise, such approval shall automatically terminate, unless prior to termination, an extension of time has been granted by the City Council.
3. 
Final Plats submitted for approval must be accompanied by payment of fees set forth by the fee schedule.
4. 
Upon notification of the City Engineer, by the Plats Coordinator, estimates of costs for public improvements within the proposed final plat shall be prepared.
F. 
Plat in Extraterritorial Jurisdiction.
Requirement to Plat in Extraterritorial Jurisdiction of the City - Subdivision of property for development within the Extraterritorial Jurisdiction of the City of Ransom Canyon shall be approved by the City Council in accordance with these regulations.
G. 
Procedure for Securing Closure of Streets and other Rights-of-way.
Prior to the final passage of any street closure ordinance, if the proponent is not the City, there shall be required a plat of record approved by the Council for such street or other rights-of-way in its closed state.
H. 
Notification requirement for certain replats.
Where any of the area to be resubdivided or replatted was, within the immediate preceding five (5) years, limited by an interim or permanent zoning classification to residential use for not more than two dwelling units per lot, or if any lot in the preceding plat was limited by deed restrictions to residential use for not more than two residential units per lot, then the following additional procedures shall apply:
1. 
Notice of the public hearing shall be published at least fifteen (15) days prior to the hearing, in a newspaper of general circulation in the county.
2. 
Written notice of the public hearing shall be mailed to the owners (according to the most recently approved ad valorem tax roll) of all lots that are within the original subdivision and that are within 200 feet of the lots to be replatted, together with a copy of Section 212.015(c) in the Local Government Code for the State of Texas.
3. 
If the proposed replat is protested in accordance with this subsection, the proposed replat must receive, in order to be approved, the affirmative vote of at least three-fourths of the members present of the planning commission and/or city council, as applicable. For a legal protest, written instruments signed by the owners of at least 20 percent of the area of the lots or land immediately adjoining the area covered by the proposed replat and extending 200 feet from that area, but within the original subdivision, must be filed with the municipal authority responsible for approving the replat, prior to the close of the public hearing. In computing this percentage of land area, the area of streets and alleys shall be included within the adjacent lots.
4. 
Compliance with subsection (3) above is not required for approval of a replat of part of a preceding plat, if the area to be replatted was designated or reserved for other than single or two-family residential use, by notation on the last legally recorded plat or in the legally recorded restrictions applicable to the plat.
(Ordinance 188 adopted 12/11/02; Ordinance adopting Code)
A. 
Streets.
Streets in Ransom Canyon serve two major functions, traffic movement and drainage. The subdivider shall consider the impact of any proposed development on each of these functions:
1. 
The arrangement, character, extent, width, grade, and location of all streets shall conform to the Land Use Plan of the City and shall be considered in their relation to existing and planned streets, to topographical conditions, to public convenience and safety, and in their appropriate relation to the proposed uses of the land to be served by such streets.
2. 
Where such is not shown in the Land Use Plan, the arrangement of streets in a subdivision shall either:
a. 
Provide for the continuation of [or] appropriate projection of existing principal streets in surrounding areas; or
b. 
Conform to a plan for a neighborhood approved or adopted by the City Council to meet a particular situation where topographical or other conditions make continuance or conformance to existing streets impractical,
3. 
The subdivider shall assume responsibility for providing a plan, which continues all thoroughfare and collector streets in accordance with the Land Use Plan, and shall consider all existing and potential development adjacent and abutting the proposed plat.
4. 
Where a subdivision abuts or contains an existing or proposed thoroughfare or greater street, the subdivider shall provide for abutting lots to side on the street in question. When the Council deems such situation unadvisable, the Council may require marginal access streets, reverse frontage, or such other treatment as may be necessary for adequate protection of residential properties and to afford separation of through and local traffic. When double or reverse frontage occurs, the plat shall indicate that the lesser designated street frontage involved will provide primary access to the lots in question.
5. 
Street design with centerline offsets of less than one hundred twenty-five (125) feet shall be avoided, and considered by the Council only when specific circumstances dictate a need for less offset.
6. 
Street intersections shall be as near to right angles as possible, and four-way intersections of residential streets shall be avoided unless recommended by the City Engineer for drainage purposes.
7. 
At each street intersection, the property line at each block corner shall be rounded with a curve or radius of not less than fifteen (15) feet.
8. 
Street right-of-way width shall conform as set forth in Appendix “A”, which is made a part hereof, copies of which shall be kept in the office of the City Administrator and open to public inspection.
9. 
Half streets shall be allowed only where essential to the reasonable development of the subdivision and with approval of the City Engineer, and where the City Council finds it will be practical to require the dedication of the other half when the adjoining property is subdivided. Wherever a half street is adjacent to an unsubdivided tract, the other half of the street shall be dedicated when the adjacent tract is platted.
10. 
When half-width paving is approved, the subdivider shall obtain a working easement from the adjacent landowner for installation of the half-street paving improvements. Approval by the City Council shall be required for half-width paving where full dedication exists.
11. 
Dead-end streets may be platted where the City Council deems desirable and where the land adjoins property not subdivided, in which case the streets shall be carried to the boundaries thereof.
12. 
Cul-de-sac streets shall not be longer than six hundred (600) feet and shall be provided at the closed end with a turnaround having an outside right-of-way diameter of at least one hundred (100) feet. Length of cul-de-sac streets is encouraged to be no greater than three hundred thirty (330) feet. Cul-de-sac streets shall be measured from the midpoint of the closest intersection to the center of the radius.
13. 
In consideration of the drainage function of streets, when cul-de-sac or dead-end streets abut undeveloped property, the subdivider shall be responsible for obtaining drainage easements onto or through abutting property sufficient to ensure drainage of the proposed development.
14. 
Cul-de-sac streets, whether containing a drainage easement or not, shall be platted with pedestrian access easement, a minimum of four (4) feet in width, from the cul-de-sac to the abutting street. A fence shall not block such access.
15. 
Islands shall be allowed in public streets only when approved by the City Council.
B. 
Blocks
1. 
The length, width and shapes of blocks shall be determined with due regard to:
a. 
Provisions of adequate building sites suitable to the special needs of the type of use contemplated.
b. 
Blocks proposed for townhouses, and zero lot line (patio homes) development shall be stated on the face of the plat.
c. 
Needs for convenient access, circulation, control and safety of street traffic. In areas where residential streets intersect, four-way intersections shall be avoided, notwithstanding conditions stated in (d.)
d. 
Limitations and opportunities of topography. Not only shall conditions within the proposed plat be considered, but also adjacent and abutting properties whether platted or unplatted.
2. 
Block length and depth shall relate directly to conditions, opportunities, and constraints for creating the greatest benefit to traffic circulation, safety, drainage and zoning.
3. 
Layout of blocks shall take into account off-site drainage patterns that affect the subdivision, concentration of flowing waters, the need for runoff water conveyance, the need for playa overflow conveyance, the predicted high water levels of playa lakes, playa lake overflow patterns and other drainage-related criteria contained in these Subdivision Regulations.
C. 
Lots.
1. 
The lot size, width, shape and orientation shall be appropriate for the location of the subdivision and for the type of development and use contemplated.
2. 
Each lot shall front upon a public street or upon an access easement that has access to a public street when approved by the City Council.
3. 
Double frontage and reverse frontage lots shall be avoided, except where essential to provide separation of residential development from traffic thoroughfares or to overcome specific disadvantages of topography and orientation. The frontage providing a primary access to any residential lot or tract shall be the lesser designation of the two streets involved, and the primary access frontage of the lot shall be clearly stated on the face of the plat.
4. 
Side lot lines shall be substantially at right angles or radial to street lines.
5. 
Where the area is divided into larger lots than for normal urban building sites and, in the opinion of the City Council, any or all of the tracts are susceptible of being resubdivided, the original subdivision shall be such that the alignment of future street and utility dedication may conform to the general street layout in the surrounding area.
D. 
Lakes Area.
In the interest of the health, safety and welfare of the residents of the City of Ransom Canyon, dedication of lake areas for stormwater drainage, recreation, and impoundment areas necessary for flood control and preservation of natural drainage shall be required as follows:
1. 
Procedure to obtain City Council approval for a Playa Lake Cut and Fill Plan is same as Section 4 [Section 3], D 1 through 7 hereof. Any approved plan shall remain in force until the Plan is submitted for amendment by the subdivider.
2. 
Upon completion of any cut and/or fill approved under this section, an “as-built” certified plan shall be provided by a licensed Texas Professional Engineer or registered Land Surveyor and shall be filed with the City administrator.
3. 
All land within a lake area shall be dedicated as public land for stormwater drainage, recreation, and impoundment in its natural state at the time of platting, after recommendation by the Building Control Committee, or
4. 
Land within a lake area shall be dedicated as public land for stormwater drainage, recreation, and/or impoundment, subject to approval of the City in conjunction with a proper cut and fill plan, after approval of the City, under the following conditions:
a. 
Land may be reclaimed for private use provided the total reclaimed shall not exceed 30% of the total land in the lake area that is owned by the developer. Land reclaimed for use as public right-of-way shall not be considered as part of the 30% private area.
b. 
All areas remaining in the lake area below the high-water elevation shall be dedicated as public land for stormwater drainage and impoundment.
5. 
Where variations of dedication requirements, as listed above, are approved by the City allowing land below high-water elevation to be retained as private recreational or open space land, covenants of ownership agreements providing for the perpetual ownership and maintenance of such area must be submitted to and approved by the City Attorney and the City Council and filed of record with the final Plat.
6. 
Development of all lake areas shall conform to the following requirements:
a. 
Improvements within or adjacent to such lake area shall be in accordance with final plat approval requirements hereof.
b. 
Areas to be dedicated as public land for stormwater drainage, recreation, and/or impoundment shall be designated on plats and referenced in the dedication deed as “stormwater drainage, recreation, and/or impoundment” and shall be designated by a lot or tract number.
c. 
No final plat for any lot or tract adjacent or within a lake area or on a bordering street may be recorded until such lake area has been dedicated as described herein, along with dedication of such stormwater storage, recreation, and/or drainage easements as shall be required by the City Engineer or as directed by the Council.
d. 
All borrow slopes shall not exceed a 1:7 slope.
e. 
All fill area slopes shall not exceed a 1:20 slope.
f. 
The lake area shall not have the water holding capacity decreased by reasons of cut and fill, redesign, or the creation of a constant level lake.
7. 
The dedication of the lake areas for stormwater drainage, recreation, and/or impoundment areas shall not prohibit the use of such area for public uses not inconsistent with stormwater drainage and impoundment.
8. 
Areas within the jurisdiction of the City of Ransom Canyon that are subject to flooding conditions as established by the Federal Emergency Management Agency’s flood hazard maps, and for which cut and fill plans are being proposed, shall not be considered for final plat until proposed cut and fill plans have been approved by the City.
(Ordinance 188 adopted 12/11/02)
A. 
Preliminary Plat.
The subdivider applicant shall provide five (5) copies or prints of the proposed subdivision drawn to a scale of one hundred (100) feet to one (1) inch, provided, however, that for subdivision of one (1) acre or less, the plat may be drawn to a scale of fifty (50) feet to one (1) inch. Scale per inch may be varied for tracts of more than 1 acre with consent of the Plats Coordinator. Preliminary Plats shall not be considered acceptable for filing and Council review unless the Plat is received by the Plats Coordinator before published deadline and containing the following information:
1. 
All contiguous land under common ownership shall be included in the preliminary plat.
2. 
Scale, north arrow, date, exact acreage and other pertinent data.
3. 
Property owner’s name, address and telephone number.
4. 
Accurate two (2) foot interval contours according to established United States Coastal and Geodetic Survey datum.
5. 
Boundary lines, bearing and distances sufficient to locate the exact area proposed for subdivision.
6. 
The name and location of all adjoining subdivisions shall be drawn to the same scale and shown in dotted lines adjacent to the tract proposed for subdivision in sufficient detail to show accurately the existing streets and other features that may influence the layout and development of the proposed subdivision. Adjacent unplatted land shall show property lines and owners of record.
7. 
The location and width of all streets, easements and ways existing or proposed within the subdivision limits. All easements requiring that the easement shall not be fenced shall be stated on the face of the plat.
8. 
The location of all existing property lines, buildings, sewer or water mains, gas mains, or other underground structures, [and] other existing features within the area proposed for subdivision.
9. 
Proposed arrangement of lots and proposed use of same. All lots, plats or building sites in any original subdivision shall be numbered consecutively from one to the total number of lots in the subdivision. All lots, plots, or building sites in any resubdivision shall be lettered A, B, C, etc.
10. 
The title under which the proposed subdivision is to be recorded, the name of the owner with sufficient data to show ownership and the name of the person platting the tract. The proposed title shall not conflict with current records.
11. 
Sites, if any, to be reserved or dedicated for stormwater impoundment areas, parks, playgrounds, or other public uses.
12. 
Sites reserved or dedicated for stormwater impoundment areas, parks, or other public uses shall contain no blanket utility easement unless approved by the City Council.
13. 
Double frontage lots shall take access and addresses on the smaller street.
14. 
When blocks are proposed for Townhouse or zero lot line lots (patio homes), the proposed use shall be labeled clearly on the face of the plat.
B. 
Protective Covenants.
Drafts of any protective covenants and deed restrictions shall be provided with preliminary plat whereby the subdivider proposes to regulate land use in the subdivision.
(Ordinance 188 adopted 12/11/02)
A. 
Final Plats Data for Final Approval.
1. 
Final Plat.
Two (2) reproducible sepias and five (5) copies shall be drawn upon sheets either eighteen (18) inches by twenty-four (24) inches or twenty-four (24) by thirty-six (36) inches and shall be at a scale of one hundred (100) feet to one (1) inch, except as set forth in Section 5, A. Where necessary, the plat may be on several sheets accompanied by an index sheet showing the entire subdivision. The survey for a final plat shall be prepared only by a Registered Professional Land Surveyor. The final plat shall incorporate all preliminary plat information and conditions approved by the City Council and shall show the following:
a. 
All plats shall clearly show the limits of the exact area and acreage to be subdivided.
b. 
Primary control points, approved by the City Engineer, or descriptions and “ties” to such control points, to which all dimensions, angles, bearings and similar data shall be referenced on the face of the plat.
c. 
When the approved subdivision abuts or is adjacent to an existing recorded plat of the City of Ransom Canyon, the final plat shall be tied by survey to such existing plat, or to an adjacent section corner.
d. 
All street rights-of-way and easements shall be clearly shown with accurate dimensions, bearings, radii, central angles, chord distances and tangent lengths to readily establish their exact location. Location of points of intersection and points of tangency of street intersections other than right angle intersections. Also, property lines of all lots, tracts and parcels shall be clearly shown with accurate dimensions, bearings, radii, chord distances and central angles of all curve segments, for all total curves.
e. 
Any existing public dedication within the proposed subdivision subject to closure or abandonment shall be abandoned by the plat and shall receive approval by ordinance from the Ransom Canyon City Council.
f. 
Name and rights-of-way width of each street or other rights-of-way.
g. 
Location, dimensions and purpose of all easements.
h. 
Numbers and letters to identify each lot or tract, double frontage lots shall have designated access street clearly marked.
i. 
Location and description of monuments.
j. 
Reference by name to recorded plat of adjacent and abutting properties.
k. 
Title, scale, north arrow and date.
l. 
Notice shall be stated on plat: “All easements dedicated hereby shall entitle the City, or the utility company using such easements, to the right to remove, repair or replace any lines, pipes, conduits or poles within such easements, as may be determined by the City or utility company without the City or utility company being responsible or liable for the replacement of improvements, paving or surfacing of the easement necessitated by such repair, removal or replacement. Easements designated or intended for vehicular passage (utility and emergency) or pedestrian access easements shall not be fenced or otherwise obstructed.”
m. 
No final plat shall contain a blanket utility easement for any stormwater impoundment area or park dedicated for public use without prior written approval of the City Council.
n. 
Notice shall be stated on the plat: “No building permit shall be issued on any survey certificate not in accordance with this final plat.”
o. 
When the approved subdivision or any portion lies within or adjacent to a lake or flood area that is identified on the Federal Emergency Management Agency’s flood hazard maps, notice shall be printed on the face of the final plat that, “A portion of the above surveyed property is within the boundary of a Special Flood Hazard Area as established by the FEMA.”
p. 
Surveyor’s certificate to be placed on the plat shall read as follows:
KNOW ALL MEN BY THESE PRESENTS:
That I, __________, do hereby certify that I prepared this plat from an actual and accurate survey of the land, and that the corner monuments shown thereon were properly placed under my personal supervision, in accordance with the Subdivision Regulations of the City of Ransom Canyon, Texas.
q. 
Certificate of approval by the City Council: (To be placed on Plat)
Approved this _____ day of __________, 20_____, by the City Council of the City of Ransom Canyon, Texas.
Mayor
ATTEST:
City administrator
2. 
Deed of Dedication.
The Dedication Deed shall be acknowledged in the manner prescribed by the laws of the State of Texas for recordation of real property transfers. Two (2) true copies shall be furnished with the original. The spouse of any married person executing such dedication deed shall join with their spouse therein unless satisfactory proof be provided showing that the property to be subdivided does not constitute any portion of the person’s homestead and positively designates and identifies such person’s homestead, and shall state the address thereof. Lienholders shall execute a subordination agreement subordinating their liens, or enter into the dedication, if any, to all public streets, parks, public easements, school sites and any other public areas shown on the plat of such subdivision as being set aside for public uses and purposes.
The dedication deed shall in addition to the above requirements, contain the following:
a. 
An accurate description of the plat of land subdivided.
b. 
A statement and express representation that the parties joining in such dedication deed are the sole owners of such tract of land.
c. 
An express dedication, if any, to the public for public use forever; the streets, rights-of-way, stormwater impoundment areas, parks, public easements, school sites and other public places shown on the attached plat.
d. 
A positive reference and identification of the plat of such subdivision by the name of such subdivision[,] date of plat and surveyor.
3. 
Certificate of Ownership.
A statement prepared by an attorney licensed by the Supreme Court of the State of Texas or title insurance company licensed to do business in Texas that the title to the property has been examined and shall name all owners and lienholders of the tract of land.
4. 
Certificate of Improvement.
The City Engineer shall furnish the City Council with certification that all improvements required by Subsection B hereof which have been completed prior to final approval have been satisfactorily completed in accordance with all City plans and specifications for such improvements, and shall further certify that sufficient cash has been deposited, a surety bond, or approved letter of guaranteed performance (approved by the City Attorney) has been furnished with the City to secure the completion of all those improvements so required which are incomplete.
Any surety bond shall have attached thereto a copy of the contracts for such improvements and such other information and data necessary to determine the validity and enforceability of such bond.
5. 
Protective Covenants,
where required by ordinance as a condition by the Council, in form for recording.
6. 
Tax Certificate
showing that all taxes have been paid on the tract to be subdivided, and that no delinquent taxes exist against the property. No letter or statement that taxes are paid in full shall be acceptable from other than the Tax Collecting Entities in Lubbock County, Texas.
7. 
Other Data.
Such other certificates, affidavits, endorsements or dedications as may be required by the Council for the enforcement of these regulations.
8. 
Ransom Canyon shall require a two-year construction warranty from date of acceptance.
B. 
Improvements Required Prior to Acceptance of the Final Plat.
1. 
Monuments.
Monuments shall consist of pipes or rods of magnetic quality in length of 18" or longer and shall be placed at all block corner and control points. Control points are any property corner of any tract, parcel or lot that is not square or rectangular.
2. 
Streets.
Grading, drainage and drainage structures necessary to the proper use and draining of streets, highways and ways, and to the public safety, all in accordance with plans and specifications of the City.
All streets within or abutting the proposed subdivision shall be paved and curb and gutter installed, according to Appendix “B”. Provided, however, this shall not be required when the City Council finds a street either within or bordering the proposed subdivision where paving or curb and gutter construction is not feasible due to existing right-of-way or drainage difficulties. All paving shall be to the width specified in Appendix “A”, and shall be constructed under the supervision of the City Engineer. In the case of half width streets along the boundary of a proposed subdivision, the subdivider shall deposit the estimated cost of paving such half width streets with the City administrator. Cost of all paving shall be borne by the subdivider except that the City may participate in the cost of paving with consent of the Council given by resolution.
Preliminary grades shall be established for all streets prior to actual utility installation to prevent damage to buried utilities. All underground utility lines required in a street or easement shall be installed prior to the installation of sub-base, base or surface of the street.
The developer is responsible for the coordination of installation of utilities within streets and easements.
3. 
Water and Sewer Installation.
Water and sewer lines shall be installed to serve all lots within the proposed subdivision under the provisions of Section 43.056 Tex. Loc. Govt. Code, but 43.056 Tex. Loc. Govt. Code time limitations shall not be required when the City Council finds that water and sewer is not available and cannot be made available in the immediate future. Utility pro-rata costs if established shall be based on the rates in effect at the time of utility line construction. Water and sewer line horizontal locations and vertical grades shall take priority over all other utility installations in new or redeveloping subdivisions. Other utilities shall not be placed directly above any water or sewer line, and shall be sufficiently offset horizontally to allow the City to access the water and sewer lines for repairs, inspections and the installation of service taps. The design analysis and construction plans for water and sewer lines shall take into account any master plans adopted by the City for water and sewer services.
4. 
Street Name Signs.
Street name signs for streets shall be placed at all street intersections within or abutting the proposed plat. Street signs shall be of a style approved by the City and shall be placed in accordance with the current standards of the City. Costs for street signs shall be borne by the subdivider for the original sign and installation.
5. 
Bond in lieu.
In lieu of the completion or installation of any or all of the above improvements, and before the final plat is approved and accepted, the City shall accept a cash deposit, surety bond, or letter of guaranteed performance (approved by the City Attorney) to secure to the City the actual cost of such improvements as estimated by various City Departments.
6. 
Record Drawings:
The City shall be furnished one reproducible mylar copy and one non-reproducible blueline, or one non-reproducible full-scale photocopy, of the post-construction “As-Built” or “Record” drawings. These shall reflect the changes made during construction from the previously approved proposed construction drawings in regard to final water and sewer profile grades and horizontal locations, final service connection locations where service connections are installed by the subdivider, fire hydrant and water valve locations, sanitary sewer manhole locations, significant changes in street grades, alterations of previously approved drainage paths and drainage structures, and such other post-construction information as the City may require. The “As-Built” or “Record” drawings shall carry a Texas licensed engineer’s seal of [in] accordance with rules and regulations of the Texas Professional Engineer’s Board.
C. 
Withholding Improvements Until Approved.
The City shall withhold all City improvements of whatsoever nature including the furnishing of sewerage facilities and water service from all additions, which have not been approved as provided by law. No permits shall be issued by the Building Control Committee of the City on any piece of property other than an original or a resubdivided lot in a duly approved and recorded subdivision. Improvements and permits shall not be withheld when the City Council finds one of the following situations to exist:
1. 
Where improvements are necessary to comply with other ordinances of the City that carry a penalty for failure to comply.
2. 
Where leased property lies on railroad right-of-way, and such property is adequately served by streets and utility easements.
(Ordinance 188 adopted 12/11/02)
A. 
General.
Where the City Council finds that extraordinary hardships or practical difficulties may result from strict compliance with these regulations and/or the purposes of these regulations may be served to a greater extent by an alternative proposal, it may approve variances to these subdivision regulations so that substantial justice may be done and the public interest secured, provided that such variance shall not have the effect of nullifying the intent and purpose of these regulations; and further provided the City Council shall not approve variances unless it shall make findings based upon the evidence presented to it in each specific case that:
1. 
The granting of the variance will not be detrimental to the public safety, health or welfare or injurious to other property.
2. 
The conditions upon which the request for a variance is based are unique to the property for which the variance is sought and are not applicable generally to other property.
3. 
Because of the particular physical surroundings, shape or topographical conditions of the specific property involved, a particular hardship to the owner would result as distinguished from a mere inconvenience or financial loss, if the strict compliance with these regulations is carried out; and
4. 
That any variance does not violate any other City ordinance.
B. 
Conditions.
In approving variances, the City Council may require such conditions as will, in its judgment, secure substantially the objectives of the standards or requirements of these regulations.
C. 
Procedures.
A request for any such variance shall be submitted in writing to City Hall. The written request shall state fully the grounds for the application and all the facts relied upon by the proponent, and include, clear reference to the portion of these regulations creating the hardship. The opinion of neighboring property owners may be obtained by City Hall. The written request and submittals by neighboring property owners shall be presented to the Building Review Committee for review when they are relevant to building topics reviewed by the Committee. After review by the Building Review Committee, the variance request shall go before the City Council to make a final determination. Variances requested by the subdivider shall be done at the time when the preliminary plat is filed with the Plats Coordinator prior to consideration by the City Council. This procedure shall also apply to any request for variance related to an existing approved plat.
(Ordinance 030822-1 adopted 3/8/22)
A. 
Administrative Official.
The City Council shall administer and enforce this Ordinance unless otherwise delegated at the discretion of the City Council.
B. 
Penalties for Violations.
Any person, landowner, building owner, or occupant, who shall violate any of the provisions of this Ordinance or who shall fail to comply with any of the provisions of the ordinance or who shall build, alter, or occupy any building, structure or land in violation of any statement or plan submitted and approved hereunder shall be guilty of a misdemeanor and upon conviction thereof shall be fined a maximum fine not to exceed the amount within the jurisdiction of the Municipal Court.
In addition to this remedy the administrative official may institute on behalf of the City of Ransom Canyon any appropriate action or proceedings to prevent any violation of this Ordinance.
(Ordinance adopting Code)
A. 
THAT
violation of any provision of this Ordinance shall be deemed a misdemeanor punished by the maximum fine authorized to be imposed by the Municipal Court of the City of Ransom Canyon, Texas;
B. 
AT
the request of the governing [body] of the City, the city attorney or any other attorney representing the municipality may file an action in a court of competent jurisdiction to:
1. 
Enjoin the violation or threatened violation by the owner of a tract of land of a requirement regarding the tract and established by, or adopted by the governing body under this subchapter; or
2. 
Recover damages from the owner of a tract of land in an amount adequate for the City to undertake any construction or other activity necessary to bring about compliance with a requirement regarding the tract and established by, or adopted by the governing body, under this subchapter.
(Ordinance 188 adopted 12/11/02)
A. 
THAT
In the event any section, paragraph, subdivision, clause, phrase, provision, sentence, or part of this ordinance or the application of the same to any person or circumstance shall be adjudged invalid or held unconstitutional by a court of competent jurisdiction, it shall not affect, impair or invalidate this ordinance as a whole or any part or provision hereof other than the part declared to be invalid or unconstitutional; and the City Council of the City of Ransom Canyon, Texas declares that it would have passed each and every part of the same notwithstanding the omission of any such part thus declared to be invalid or unconstitutional, or whether there be one or more parts.
(Ordinance 188 adopted 12/11/02)
A. 
THAT
the City administrator is hereby authorized to cause publication of the descriptive caption of this Ordinance as an alternative method provided by law.
(Ordinance 188 adopted 12/11/02)