A.
The following
rules and regulations are hereby adopted as the Subdivision Ordinance
of the City of Lufkin, Texas, also known and cited as the “Lufkin
Subdivision Ordinance,” and shall be applicable to the filing
of plats and the subdivision of land, as that term is defined herein
and in Chapter 212 of the Texas Local Government Code, within the
corporate City limits of the City of Lufkin, as they may be from time
to time adjusted by annexation or disannexation, and within all the
areas of the extraterritorial jurisdiction of the City of Lufkin,
as that area may exist from time to time as provided by Chapter 42
of the Texas Local Government Code. The City shall have all remedies
and rights provided by said Chapter 212 with regard to the control
and approval of subdivisions and plats both within the City and within
its extraterritorial jurisdiction.
(Ordinance 3693 adopted 4/6/2004, as revised through 1/4/2012)
A.
In the interpretation
and application of the provisions of these regulations, it is the
intention of the City Council that the principles, standards and requirements
provided for herein shall be minimum requirements for the platting
and developing of subdivisions within the City of Lufkin and its extraterritorial
jurisdiction, and superseding the previous Subdivision Ordinance
B.
The subdivision
of land is the first step in the process of urban development. The
distribution and relationship of residential, commercial, industrial
and agricultural uses throughout the community, along with the system
of improvements for thoroughfares, utilities, public facilities and
community amenities, determine, in large measure, the quality of life
enjoyed by the residents of the community. Health, safety, economy,
amenities, environmental sensitivity, and convenience are all factors
which influence and determine a community’s quality of life
and overall character. A community’s quality of life is of the
public interest. Consequently, the subdivision of land, as it affects
a community’s quality of life, is an activity where regulation
is a valid function of municipal government. The regulations contained
herein are designed and intended to encourage the development of a
quality urban environment by establishing standards for the provision
of adequate light, air, open space, stormwater drainage, transportation,
public utilities and facilities, and other needs necessary for ensuring
the creation and continuance of a healthy, attractive, safe and efficient
community that provides for the conservation, enhancement and protection
of its human and natural resources. Through the application of these
regulations, the interests of the public, as well as those public
and private parties, both present and future, having interest in property
affected by these regulations, are protected by the granting of certain
rights and privileges. By establishing a fair and rational procedure
for developing land, the requirements in this Ordinance further the
possibility that land will be developed for its most beneficial use
in accordance with existing social, economic and environmental conditions.
C.
The procedure
and standards for the development, layout and design of subdivisions
of land within the corporate limits and extraterritorial jurisdiction
of the City of Lufkin, Texas are intended to:
1.
Promote
the development and the utilization of land in a manner that assures
the best possible community environment in accordance with the Comprehensive
Plan and the Zoning Ordinance of the City of Lufkin;
2.
Guide and
assist the developers in the correct procedures to be followed, and
to inform them of the standards which shall be required;
3.
Protect
the public interest by supervising the location, design, class and
type of streets, sidewalks, utilities and essential areas and services
required;
4.
Assist
orderly, efficient and coordinated development within the City limits
and extraterritorial jurisdiction;
5.
Provide
for neighborhood conservation and prevent the development of slums
and blight;
6.
Harmoniously
relate the development of various tracts of land to the existing community,
and facilitate the future development of adjoining tracts;
7.
Provide
that the cost of improvements to minimum standards which primarily
benefit the tract of land being developed be borne by the owners or
developers of the tract, and that the cost of improvements to minimum
standards which primarily benefit the whole community be borne by
the whole community as contained in this Ordinance;
8.
Provide
the best possible design for each tract being subdivided;
9.
Provide
the most attractive relationship between the uses of land and buildings;
provide for the circulation of traffic throughout the municipality,
having particular regard to the avoidance of congestion in the streets
and highways; provide for pedestrian circulation that is appropriate
for the various uses of land and buildings; and provide the proper
location and width of streets;
10.
Prevent
pollution of the air, streams and ponds; assure the adequacy of drainage
facilities; safeguard both surface and groundwater supplies; and encourage
the wise use and management of natural resources throughout the municipality
in order to preserve the integrity, stability and beauty of the community
and the value of the land;
11.
Preserve
the natural beauty and topography of the municipality, and ensure
development that is appropriate with regard to these natural features;
12.
Establish
adequate and accurate records of land subdivision;
13.
Ensure
that public or private facilities are available and will have sufficient
capacity to serve proposed and future subdivisions and developments
within the City and its extraterritorial jurisdiction;
14.
Protect
and provide for the public health, safety and general welfare of the
community;
15.
Provide
for adequate light, air and privacy; secure safety from fire, flood
and other danger; and prevent overcrowding of the land and undue congestion
of population;
16.
Protect
the character and the social and economic stability of all parts of
the community, and encourage the orderly and beneficial development
of all parts of the community;
17.
Protect
and conserve the value of land throughout the community and the value
of buildings and improvements upon the land, and minimize conflicts
among the uses of land and buildings;
18.
Guide
public and private policy and action in providing adequate and efficient
transportation systems, public utilities, and other public amenities
and facilities; and
19.
Encourage
the development of a stable, prospering economic environment.
D.
Minimum standards
for development, including all City Public Works, are contained in
the City’s Technical Construction Standards & Specifications
(TCSS) Manual, related technical standards, the Zoning Ordinance,
the Building Code and in this Ordinance. However, the Comprehensive
Plan, the Future Land Use Plan, and the City’s Water and Wastewater
Master Plans express policies designed to achieve an optimum quality
of development in the urban area. If only the minimum standards are
followed, as expressed by the various ordinances regulating land development,
a standardization of development will occur. This will produce a monotonous
urban setting. Subdivision design shall be of a quality that will
carry out the purpose and spirit of the policies expressed within
the Comprehensive Plan and within this Ordinance, and shall be encouraged
to exceed the minimum standards required herein.
(Ordinance 1170 Adopted on June 2, 1964 and subsequent amendments; Ordinance 3693 adopted 4/6/2004, as revised through 1/4/2012)
A.
No subdivision
plat within the City limits or the City’s extraterritorial jurisdiction
shall be recorded until a final plat, accurately describing the property
to be conveyed, has been approved in accordance with this Subdivision
Ordinance. Furthermore, no building permit, certificate of occupancy,
plumbing permit, electrical permit, floodplain permit, utility tap,
or certificate of acceptance for required public improvements shall
be issued by the City for any parcel of land or plat until:
B.
When the
final plat is filed at the County, it shall be accompanied by a tax
certificate, in accordance with State law.
(Ordinance 3693 adopted 4/6/2004, as revised through 1/4/2012)
A.
The provisions
of this Subdivision Ordinance, as authorized by Subchapters A and
B of Chapter 212 of the Texas Local Government Code, including the
Technical Construction Standards & Specifications (TCSS) Manual,
shall apply to the following forms of land subdivision and development
activity within the City’s limits or its extraterritorial jurisdiction:
1.
The division
of land into two or more tracts, lots, sites or parcels; or
2.
All subdivisions
of land whether by metes and bounds division or by plat, which were
outside the jurisdiction of the City’s subdivision regulations
in Angelina County, Texas and which subsequently came within the jurisdiction
of the City’s subdivision regulations through:
3.
The combining
of two or more contiguous tracts, lots, sites or parcels for the purpose
of creating one or more legal lots in order to achieve a more developable
site, except as otherwise provided herein; or
4.
For tracts
where any public improvements are proposed;[.]
(Ordinance 3693 adopted 4/6/2004, as revised through 1/4/2012)
A.
The provisions
of this Subdivision Ordinance shall not apply to:
1.
Development
of land legally platted and approved prior to the effective date of
this Ordinance, except as otherwise provided for herein (construction
of facilities shall conform to construction standards in effect at
the time of construction) and for which no resubdivision is sought
or required; or
2.
Development
of land constituting a single tract, lot of record, site or parcel
for which a legal deed of record describing the boundary of said tract,
lot of record, site or parcel was filed of record in the Deed Records
of Angelina County, Texas on or before April 10, 1969.
3.
Inheritance,
or gift of land by metes and bounds of tracts upon which no improvements,
subdivision or alteration is occurring; or
4.
Existing
cemeteries complying with all State and local laws and regulations
(does not apply to new cemeteries or expansion of existing cemeteries);
or
5.
Divisions
of land created by order of a court of competent jurisdiction; or
6.
When a
building permit is requested for unplatted or already platted parcels
for the following activities:
a.
Replacement
or reconstruction of an existing primary single-family or duplex structure,
but not to exceed the square footage of the original structure
b.
Additions
(i.e., increasing square footage of structure) of not over fifty percent
(50%) of the existing structure’s value, and of not over twenty
percent (20%) of the gross floor area
c.
Accessory
buildings
d.
Remodeling
or repair (i.e., no expansion of square footage)
e.
Moving
a structure off a lot or parcel, or for demolition permits.
7.
Sale or
inheritance of homesteads not greater than three (3) acres in size
when said homestead is part of a large tract, and both the homestead
and the large tract are under common ownership. Each large tract shall
be a minimum of ten (10) acres in size.
(Ordinance 3693 adopted 4/6/2004, as revised through 1/4/2012)
A.
All applications
for plat approval, including final plats, that are pending on the
effective date of this Ordinance and which have not lapsed shall be
reviewed under the regulations in effect immediately preceding the
effective date of this Ordinance.
(Ordinance 3693 adopted 4/6/2004, as revised through 1/4/2012)
A.
Interpretation.
In their interpretation and application, the provisions of the
regulations contained in the Subdivision Ordinance shall be held to
be the minimum requirements for the promotion of the public health,
safety and general welfare. These regulations shall be construed broadly
to promote the purposes for which they are adopted.
B.
Conflict
With Other Laws.
These regulations are not intended to
interfere with, abrogate, or annul any other ordinance, rule or regulation,
statute or other provision of law except as provided in these regulations.
To the extent that the Subdivision Ordinance promulgates standards
or imposes restrictions or duties which differ from those imposed
by other City ordinances, rules or regulations, the regulations contained
within the Subdivision Ordinance shall supersede such other provisions
to the extent of any conflict or inconsistency.
C.
Separability.
If any part or provision of the Subdivision Ordinance, or the
application of these regulations to any person or circumstance, is
adjudged invalid by any court of competent jurisdiction, the judgment
shall be confined in its operation to the part, provision, or application
directly involved in the controversy in which the judgment shall be
rendered, and it shall not affect or impair the validity of the remainder
of these regulations or the application of them to other persons or
circumstances. The City Council hereby declares that it would have
enacted the remainder of these regulations even without any such part,
provision, or application which is judged to be invalid.
(Ordinance 3693 adopted 4/6/2004, as revised through 1/4/2012)
A.
This Ordinance
shall not be construed as abating any action now pending under, or
by virtue of, prior existing subdivision regulations, or as discontinuing,
abating, modifying or altering any penalty accruing or about to accrue,
or as affecting the liability of any person, firm or corporation,
or as waiving any right of the City under any section or provision
existing at the time of adoption of the Subdivision Ordinance, or
as vacating or annulling any rights obtained by any person, firm or
corporation, by lawful action of the City except as shall be expressly
provided in these regulations.
(Ordinance 3693 adopted 4/6/2004, as revised through 1/4/2012)
B.
Any administrative
plat that may have been approved by the City shall be considered valid
upon the adoption of this Ordinance.
(Ordinance 3693 adopted 4/6/2004, as revised through 1/4/2012)
A.
For the
purpose of protecting the public health, safety and general welfare,
the Planning and Zoning Commission and/or City Council may, from time
to time, propose amendments to these regulations which shall then
be approved or disapproved by the City Council at a public meeting,
and which shall then be amended through adoption of an amending ordinance
following due process and public hearing. See Section 5.1.E for procedures
for amendments of the TCSS Manuel.
(Ordinance 3693 adopted 4/6/2004, as revised through 1/4/2012)
A.
Petition
for Waiver.
The applicant for a subdivision application,
or the owner of the property subject thereto, may petition the City
Council for waiver of any standard of this Subdivision Ordinance or
the imposition of a condition related thereto, where the petitioner
alleges that unreasonable hardships will result from strict compliance
with such standard or condition.
B.
Procedures.
A petition for a waiver shall be submitted in writing to the
City Engineer (or designee) by the petitioner at the time the subdivision
application is filed for the consideration by the Planning and Zoning
Commission. The petition shall state fully the grounds for the application,
and all of the facts relied upon by the petitioner. The City staff
shall prepare a report evaluating the request for waiver, and shall
make its recommendation to the Commission. The Commission shall make
its recommendation and the City Council shall finally act on the petition
for a waiver in conjunction with the action taken by each on the subdivision
application.
C.
Criteria
for Approval.
The City Council, following recommendation
by the Planning and Zoning Commission, may waive the standard or condition
only upon finding that:
1.
Granting
the waiver will not be detrimental to the public safety, health or
welfare, and will not be injurious to other property;
2.
The conditions
upon which the request for a waiver is based are unique to the property
for which the waiver 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, if the standard
is strictly applied;
4.
The waiver
is not contrary to the intent and purpose of these subdivision regulations.
(Ordinance 3693 adopted 4/6/2004, as revised through 1/4/2012)
A.
Petition
for Relief.
The applicant for a subdivision application,
or the owner of the property subject thereto, may petition the City
Council for relief from the application of any provision of this Subdivision
Ordinance that requires dedication of an interest in land for rights-of-way
or construction of capital improvements in order to provide adequate
water, wastewater, roadway or drainage facilities to serve the proposed
subdivision, or the imposition of a condition related thereto. The
petition must allege that application of the provision or the imposition
of conditions relating to the provision and requiring such dedication
of land or construction of capital improvements is not roughly proportional
to the nature and extent of the impacts created by the proposed development
on the City’s water, wastewater, roadway or drainage facilities
system, as the case may be, or does nor reasonably benefit the proposed
development. The petition may also allege that the application of
the provision or the imposition of conditions relating to the provision
deprives the applicant or the property owner of the economically viable
use of the land, or of a vested property right.
1.
Prior
to decision by the Planning and Zoning Commission on a subdivision
application that is subject to this Section, an applicant who proposes
to challenge the application of a provision that requires dedication
of an interest in land for rights-of-way or construction of capital
improvements to serve the proposed subdivision, or the imposition
of conditions related thereto, shall file a notice of intent to appeal
such determination to the City Council. Approval of such subdivision
application by the Planning and Zoning Commission shall include a
condition that approval is subject to the Council’s decision
on the petition for relief.
2.
If a petition for a waiver from the requirements of this Subdivision Ordinance pursuant to Section 1.11 has been filed by the petitioner, the petition for relief may be submitted in conjunction with the Council’s review of such request.
3.
The subdivision
application may otherwise be decided by an administrative officer
of the Planning and Zoning Commission, the petition for relief shall
be submitted by the petitioner within ten (10) calendar days of receiving
the staff report applying the requirement or imposing the condition.
B.
Study Required.
The applicant or property owner shall provide a study completed
by a professional engineer registered in the State of Texas in support
of the petition for relief that includes the following information:
1.
Total
capacity of the City’s water, wastewater, roadway or drainage
facilities system to be utilized by the proposed development, employing
standard measures of capacity and equivalency tables relating the
type of development proposed to the quantity of system capacity to
be consumed by the development. If the subdivision application is
part of a phased development project, such information shall also
be provided for the entire development proposed, including any phase
already developed.
2.
Total
capacity to be supplied to the City’s water, wastewater, roadway
or drainage facilities system by the proposed dedication of an interest
in land for rights-of-way or construction of capital improvements.
If the subdivision application is part of a phased development project,
the information shall include any capacity supplied by prior dedications
or construction of capital improvements.
3.
The study
supplied by the petitioner shall be evaluated by City staff, who shall
make its recommendation to the Planning & Zoning Commission and
City Council based upon the information contained in the study and
any additional information related to the petition produced by the
staff. In evaluating the petition, the staff shall take into account
any traffic impact, drainage or other adequate facilities studies
evaluating the impacts of the development or similar developments
on the City’s water, wastewater, roadway or drainage facilities
systems.
C.
Action
on Petition.
The City Council shall consider the petition
and determine whether the application of the provision requiring dedication
of an interest in land for rights-of-way or construction of capital
improvements in order to provide adequate water, wastewater, roadway
or drainage facilities to serve the proposed subdivision, or the imposition
of a condition related thereto, is roughly proportional to the nature
and extent of the impacts created by the proposed development on such
public facilities systems, and reasonably benefits the development.
In making such determination, the City Council shall consider the
evidence submitted by the applicant or property owner and the staff’s
recommendation. If the petition also alleges that the proposed dedication
or construction requirements constitute a deprivation of the economically
viable use of the land or of a vested property right, the Council
shall also resolve such issues. Following such determinations, the
Council may take any of the following actions:
1.
Deny the
petition for relief, upon finding that the proposed dedication or
construction requirements are inadequate to offset the impacts of
the development upon community water, wastewater, roadway or drainage
facilities, and either:
2.
Grant
the petition for relief, and waive in whole or in part any dedication
or construction requirement that is not roughly proportional; or
3.
Grant
the petition for relief, and direct that the City participate in the
costs of acquiring rights-of-way for or constructing such facility
pursuant to standard City participation policies.
(Ordinance 3693 adopted 4/6/2004, as revised through 1/4/2012)
A.
Violations
and Penalties.
Any person who violates any of these regulations
for lands within the corporate boundaries of the City shall be subject
to a fine of not more than two thousand dollars ($2,000.00) per day,
with each day constituting a separate violation, pursuant to the Texas
Local Government Code, Chapter 54, as amended.
B.
Civil Enforcement.
Appropriate civil actions and proceedings may be maintained
in law or in equity to prevent unlawful construction, to recover damages,
to impose additional penalties, to restrain, correct or abate a violation
of these regulations, whether such violation occurs with respect to
lands within the corporate boundaries of the City or within the City’s
extraterritorial jurisdiction. These remedies shall be in addition
to the penalties described above.
(Ordinance 3693 adopted 4/6/2004, as revised through 1/4/2012)
A.
No person
who owes delinquent taxes, delinquent paving assessments, or any other
delinquent debts or obligations to the City of Lufkin, and which are
directly attributable to a piece of property, shall be allowed to
record an approved plat or replat until the taxes, assessments, debts
and/or obligations directly attributable to said property and owed
by the owner or previous owner thereof shall have been first fully
discharged by payment, or until an arrangement satisfactory to the
City Engineer (or designee) has been made for the payment of such
debts or obligations. It shall be the applicant’s responsibility
to provide evidence or proof that all taxes, assessments, debts and/or
obligations have been paid.
(Ordinance 3693 adopted 4/6/2004, as revised through 1/4/2012)
A.
The City
shall have the right to deny a hearing and/or plat if the person or
applicant proposing a subdivision of land does not submit the information
required to be shown on a plat and the required application fees as
prescribed by this and other ordinances.
(Ordinance 3693 adopted 4/6/2004, as revised through 1/4/2012)
A.
Misrepresentation
of Facts.
It shall be unlawful for any person to knowingly
or willfully misrepresent, or fail to include, any information required
by this Ordinance on any application for annexation, zoning, development
or subdivision of property. Misrepresentation, or deliberate omission,
of facts pertaining to the plat on the application form(s) or at a
public meeting shall constitute grounds for denial of the plat.
B.
Penalties
and Exceptions.
If any applicant for such hearing, or any owner of property subject to such hearing, shall allow such hearing before the Planning and Zoning Commission and/or the City Council to be heard in violation of any of the provisions of the Ordinance, such person shall be deemed guilty of a misdemeanor and upon conviction thereof shall be subject to a penalty as per Section 1.13.
(Ordinance 3693 adopted 4/6/2004, as revised through 1/4/2012)
A.
For the
purpose of this Ordinance, the following terms, phrases, words and
their derivations shall have the meaning given herein. When not inconsistent
with the context, words used in the present tense shall include the
future tense; words in the plural number shall include the singular
number (and vice versa); and words in the masculine gender shall include
the feminine gender (and vice versa). Definitions not expressly prescribed
herein are to be determined in accordance with customary usage in
municipal planning and engineering practices. The word “shall”
is always mandatory, while the word “may” is merely directory.
1.
Addition.
A lot, tract or parcel of land lying within the corporate boundaries
of the City and/or its extraterritorial jurisdiction which is intended
for the purpose of development.
2.
Administrative
Officers.
Any office referred to in this Ordinance by
title (e.g., City Manager, City Attorney, City Secretary, City Engineer,
Director of Planning. etc.), shall be the person so retained in this
position by the City, or his duly authorized representative (i.e.,
designee). This definition shall also include any engineering, planning,
legal and/or other consultants retained by the City to supplement
or support existing City staff, as deemed appropriate by the City.
3.
Alley.
A minor public right-of-way not intended to provide the primary
means of access to abutting lots, which is used primarily for vehicular
service access to the back or sides of properties otherwise abutting
on a street. The length of an alley segment is to be measured from
the right-of-way lines (i.e., alley entrance points) of the streets
from which the alley is provided access (including any turnouts).
4.
Amended
Plat.
A revised plat correcting errors or making minor
changes to the original recorded final plat. Also termed “amending
plat.”
5.
Amenity.
An improvement to be dedicated to the public or to the common
ownership of the lot owners of the subdivision and providing an aesthetic,
recreational or other benefit, other than those prescribed by this
Ordinance.
6.
Base
Flood.
The 100-year flood event or a flood having a one
percent (1%) chance of being equaled or exceeded in any given year.
7.
Block
Length.
For a residential subdivision, that distance
measured along the centerline of the street from the intersection
centerpoint of one through street (i.e., not a cul-de-sac or dead-end/looped
street) to the intersecting centerpoint of another; or to the midpoint
of a cul-de-sac. Also termed “street length.”
8.
Bond.
Any form of a surety bond in an amount and form satisfactory
to the City.
9.
Building
Setback Line.
The line within a property defining the
minimum horizontal distance between a building or other structure
and the adjacent street (or property) line.
10.
Capital
Improvements Program (CIP).
The official proposed schedule
of all future public projects listed together with cost estimates
and the anticipated means of financing each project, as adopted by
City Council.
11.
City.
The City of Lufkin, Texas, together with all its governing and
operating bodies.
12.
City
Engineer:
A qualified professional, or firm of registered
professional consulting engineers, that has been specifically employed
by the City to assist in engineering-related matters.
13.
City
Manager.
The person holding the position of City Manager,
as appointed by the City Council and according to the City Charter.
14.
Commission.
The Planning and Zoning Commission of the City.
15.
Comprehensive
Plan.
The phrase “Comprehensive Plan” shall
mean the Comprehensive Plan of the City and adjoining areas as adopted
by the City Council and the City Planning and Zoning Commission, including
all its revisions. This Plan indicates the general locations recommended
for various land uses, transportation routes, public and private buildings,
streets, parks, water/wastewater facilities, and other public and
private developments and improvements.
16.
Concept
Plan.
A sketch drawing of initial development ideas superimposed
upon a topographic map to indicate generally the plan of development,
and to serve as a working base for noting and incorporating suggestions
of the City Engineer, Director of Planning, Planning and Zoning Commission,
or others who are consulted prior to the preparation of the preliminary
plat.
17.
Construction
Plans or Drawings.
The maps or drawings accompanying
a plat and showing the specific location and design of public improvements
to be installed in the subdivision or addition in accordance with
the requirements of the City as a condition of approval of the plat.
18.
Contiguous.
Lots are contiguous when at least one boundary line of one lot
touches a boundary line, or lines, of another lot.
19.
Council
or City Council.
The duly elected governing body of the
City of Lufkin, Texas.
20.
Cul-De-Sac.
A street having only one outlet to another street, and terminated
on the opposite end by a vehicular turn-around (“bulb”).
The length of a cul-de-sac is to be measured from the intersection
centerpoint of the adjoining through street to the midpoint of the
cul-de-sac bulb.
21.
Dead-End
Street.
A street, other than a cul-de-sac, with only
one outlet.
22.
Development
Plat.
A plat for a parcel of land that is five (5) acres
or larger for which the owner or subdivider claims exemption from
Chapter 212, Subchapter “A” of the Texas Local Government
Code.
23.
Easement.
The word “easement” shall mean an area for restricted
use on private property upon which the City and/or a public utility
shall have the right to remove and keep removed all or part of any
buildings, fences, trees, shrubs and/or other improvements or growths
which in any way endanger or interfere with the construction, maintenance
and/or efficiency of its respective systems within said easements.
Public utilities shall, at all times, have the right of ingress and
egress to and from and upon easements for the purpose of constructing,
reconstructing, inspecting, patrolling, maintaining and adding to
or removing all or part of their respective systems without the necessity
at any time of procuring the permission of anyone.
24.
Escrow.
A deposit of cash with the City in accordance with City policies.
25.
Filing
Date.
The filing date is when all necessary forms, fees,
and copies are submitted and accepted for filing by action of issuance
of a fee receipt by the City.
26.
Final
Plat (also “Record Plat” or “File Plat”).
The one official and authentic map of any given subdivision
of land prepared from actual field measurement and staking of all
identifiable points by a surveyor or engineer, with the subdivision
location referenced to a survey corner, city gps monument or benchmark,
and with all boundaries, corners and curves of the land division sufficiently
described so that they can be reproduced without additional references.
The final plat of any lot, tract or parcel of land shall be recorded
in the records of Angelina County, Texas. An amended plat is also
a final plat.
27.
Improvement
of Developer Agreement.
A contract entered into by the
developer and the City, by which the developer promises to complete
the required public improvements within the subdivision or addition
within a specified time period following final plat approval.
28.
Land
Planner.
Persons, including surveyors or engineers, who
possess and can demonstrate a valid proficiency in the planning of
residential, commercial, industrial and other related developments,
such proficiency often having been acquired by education in the field
of landscape architecture or other specialized planning curriculum,
and/or by actual experience and practice in the field of land planning,
and may be a member of the American Institute of Certified Planners
(AICP).
29.
Lot
(also Lot of Record).
A divided or undivided tract or
parcel of land having frontage on a public street, and which is, or
which may in the future be, offered for sale, conveyance, transfer
or improvement; which is designated as a distinct and separate tract;
and which is identified by a tract or lot number or symbol in a duly
approved subdivision plat which has been properly filed of record.
29a.
Lot, Flag.
A lot which has a stem, or a narrow
strip of land connecting the main property to the street. The stem
or strip must be wide enough to meet the subdivision requirement for
frontage on a street and maintain a minimum width of 30 feet along
its entire length, but may be less than the required width for the
particular zone in which it is situated.
30.
Major
Plat.
All plats not classified as minor plats, including
but not limited to subdivisions of more than four (4) lots, or any
plat that requires the construction of a new street (or portion thereof)
or the extension of a municipal facility as required by this or any
other City Ordinance.
31.
Minor
Plat.
A subdivision or replat resulting in four (4) or
fewer lots, provided that the plat does not create any new easements
for public facilities, or that the construction/development of said
subdivision will not require the construction of any new street (or
portion thereof) or the extension of any municipal facilities to serve
any lot within the subdivision. Any property to be subdivided using
a minor plat shall already be served by all required City utilities
and services. If the development of any lot within the proposed subdivision
will require the construction of a new street (or portion thereof)
or a public improvement (e.g., water or sewer line, drainage facility,
required screening wall, etc.), the plat shall be classified as a
major plat.
32.
On-Site
Facilities or Improvements.
“On-site” shall
mean those existing or proposed facilities or improvements constructed
within the property boundaries of the plat. “On-site”
shall also mean those existing or proposed facilities required to
be constructed or improved immediately adjacent to the property and
which are required to serve the development. These include streets,
alleys, water lines, sewer lines, storm drainage facilities, curbs
and gutters, and any other construction or reconstruction needed to
serve the property.
33.
Off-Site
Facilities or Improvement.
“Off-site” facilities
shall mean those facilities or improvements that are required to serve
the site but that are not located within the boundaries of the plat.
These include oversizing and extension of streets, sewer lines, water
lines and storm drainage facilities, as well as the excess capacity
of facilities such as water storage tanks and wastewater treatment
plants available for new development.
34.
Overlength
Street (or Cul-De-Sac or Alley).
A street segment (or
a cul-de-sac or alley segment) which exceeds the maximum length allowed
by this Ordinance, as measured along the centerline of the street
from the intersection centerpoint of one through street to the intersecting
centerpoint of another.
35.
Parcel.
A piece of land created by a partition, subdivision, deed or
other instrument recorded with the appropriate recorder. This includes
a lot, a lot of record, or a piece of land created through a metes
and bounds description.
36.
Pavement
Width.
The portion of a street that is available for
vehicular traffic. Where curbs are used, it is the portion from the
face of one curb to the face of the opposite curb.
37.
Perimeter
Street.
Any existing or planned street which abuts the
subdivision or addition to be platted.
38.
Person.
Any individual, association, firm, corporation, governmental
agency, or political subdivision.
39.
Planning
and Zoning Commission.
The Planning and Zoning Commission
of the City of Lufkin, Texas. Same as “Commission.”
40.
Preliminary
Plat.
The graphic expression of the proposed overall
plan for subdividing, improving and developing a tract, shown by superimposing
a scale drawing of the proposed land division.
41.
Private
Street.
A private vehicular access way that is shared
by and that serves two or more lots, which is not dedicated to the
public, and which is not publicly maintained. The term “private
street” shall be inclusive of alleys where they are provided.
42.
Replatting
(or “To Replat”).
The resubdivision of any
part or all of a block or blocks of a previously platted subdivision,
addition, lot or tract.
43.
Right-of-Way.
A parcel of land occupied, or intended to be occupied, by a
street or alley. Where appropriate, “right-of-way” may
include other facilities and utilities such as sidewalks; railroad
crossings; electrical, communication, oil and/or gas facilities; water
or sanitary/storm sewer facilities; or for any other special use.
The use of right-of-way shall also include parkways and medians outside
of the paved portion of the street. The usage of the term “right-of-way”
for land platting purposes shall mean that every right-of-way hereafter
established and shown on a final plat is to be separate and distinct
front the lots or parcels adjoining such right-of-way, and shall not
be included within the dimensions or areas of such lots or parcels.
44.
Street.
A right-of-way (public or private), however designated, which
provides vehicular access to adjacent land. Streets may be of the
following categories:
a.
Major
thoroughfares (arterial streets, primary thoroughfares, etc.) provide
vehicular movement from one neighborhood to another, to distant points
within the urban area, and/or to freeways or highways leading to other
communities.
b.
Collector
streets (“feeder” streets, secondary thoroughfares, etc.)
provide vehicular circulation within neighborhoods, and from local
streets to major thoroughfares.
c.
Local
residential streets (minor thoroughfares or streets, etc.) are primarily
for providing direct vehicular access to abutting residential property.
d.
Private
streets (owned and maintained by a property/homeowners association,
and not dedicated to the public).
45.
Street
Improvements.
For the purpose of this Ordinance “street
improvements” mean any street or thoroughfare, together with
all appurtenances required by City regulations to be provided with
such street or thoroughfare, and including but not limited to sidewalks,
drainage facilities to be situated in the right-of-way for such street
or thoroughfare, traffic-control devices, streetlights and street
signs, for which facilities the City will ultimately assume the responsibility
for maintenance and operation.
46.
Street
Right-of-Way.
The width of the right-of-way for any roadway
is the shortest distance between the lines which delineate the rights-of-way
of the street.
47.
Subdivider.
Any person, or any agent thereof, dividing or proposing to divide
land so as to constitute a subdivision as that term is defined herein.
In any event, the term “subdivider’ shall be restricted
to include only the owner, equitable owner, or authorized agent of
such owner or equitable owner, such as a developer, of land sought
to be subdivided.
48.
Subdivision
(also “Addition”).
A division or redivision
of any tract of land situated within the corporate limits, or within
the extraterritorial jurisdiction of such limits, for the purpose
of transfer of ownership; layout of any subdivision of any tract of
land or addition; or for the layout of building lots or streets, alleys
or other components for public use or for the use of purchasers or
owners of lots fronting thereon or adjacent thereto.
49.
Substandard
Street.
An existing street or road that does not meet
the minimum specifications in the Standard Street Specifications,
and which is not constructed to the ultimate configuration for the
type of roadway it is designated for on the City’s Thoroughfare
Plan. A standard street is a street or road that meets or exceeds
said standard specifications and its designation on the City’s
Thoroughfare Plan.
50.
Surveyor.
A licensed land surveyor or a registered public surveyor, as
authorized by State statutes to practice the profession of surveying.
51.
Technical
Construction Standards & Specifications Manual (TCSS).
Those construction standards and specifications established by the
City to ensure proper installation of the improvements required by
this Ordinance. The TCSS Manual shall be collectively the following
documents, and shall be available for review or purchase at the City
of Lufkin during normal business hours:
a.
Standard
Specification for Public Works Construction Modifications (SSPWC);
b.
Street
Construction Details;
c.
Drainage
Construction Details;
d.
Water
Construction Details;
e.
Sewer
Construction Details;
f.
Erosion
Control Details;
g.
Access
Management and Design Standards;
h.
Drainage
Criteria Manual;
i.
North
Central Texas Standard Specifications for Construction (“Blue
Book”) as amended; and/or,
52.
Temporary
Improvements.
Improvements built and maintained by the
property owner or subdivider that are needed to remedy a circumstance
that is temporary in nature and is required because of safety related
issues (e.g., a temporary drainage easement or erosion control device),
and that will be removed upon completion of the subdivision or shortly
thereafter (i.e., is not intended to be permanent).
53.
Texas
Commission on Environmental Quality (TCEQ).
Formerly
known as the Texas Natural Resource Conservation Commission; the name
change became effective on September 1, 2002.
(Ordinance 3693 adopted 4/6/2004, as revised through 1/4/2012)
