A.
The subdivider
shall give consideration to suitable and adequate sites for schools,
parks, playgrounds, and other areas for public use or service so as
to conform with the recommendations contained in the City’s
Comprehensive Plan, Parks, Recreation & Open Space Master Plan,
and other applicable plans. Any provision for schools, parks and/or
other public facilities shall be indicated on the preliminary plat
and shall be subject to approval by the Planning and Zoning Commission.
B.
No individual,
partnership, firm, or corporation shall deepen, widen, fill, reroute
or change the course or location of any existing ditch, channel, stream,
or drainageway, without first obtaining a floodplain development permit
or written permission of the City or other agency having jurisdiction.
(Ordinance 3693 adopted 4/6/2004, as revised through 1/4/2012)
A.
Definitions
and Methodology for Determining the Floodway Management Area (FMA).
The definitions for “floodway” and floodway fringe”
shall correspond to those set forth by the Federal Emergency Management
Agency (FEMA). For purposes of the National Flood Insurance Program,
the concept of a floodway is used as a tool to assist the local community
in the aspect of floodplain management. Under this concept, the area
of the 100-year flood is divided into a floodway and floodway fringe.
The floodway is the channel of a stream plus any adjacent floodplain
areas that must be kept free of encroachment in order that the 100-year
flood may be carried without substantial increases in flood heights
as defined by FEMA. The area between the floodway and boundary of
the 100-year flood is termed the floodway fringe.
1.
For the
purposes of this Ordinance, the Floodway Management Area (FMA) will
correspond to any and all special flood hazard areas indicated on
the most recent FEMA Flood Insurance Rate Map (FIRM).
B.
Areas Where
a Floodway Management Area (FMA) is Required.
1.
All drainage
areas or regulated floodways as referenced on the Floodway and Flood
Boundary Map (FIRM Maps) that cover the City and its extraterritorial
jurisdiction shall be included in the FMA. If FEMA does not specify
a floodway zone in any of the creeks or their tributaries, it shall
be the developer’s responsibility to establish and identify
the FMA. The determination shall be made by a registered professional
engineer and approved by the City Engineer. Where improvements to
a drainage area are required by other ordinances of the City for the
purpose of safety or other reasons related to drainage, those ordinances
shall also be observed. The FMA is intended to apply to a creek or
channel which is to remain open or in its natural condition. The creek
shall remain in its natural state unless improvements are permitted
by the City due to the pending development of properties adjacent
to or upstream of the required improvements.
2.
In areas
where no FMA is designated, the developer shall provide a twenty-foot-wide
(20'-wide) easement from the top of the bank of a creek or channel
with slopes of at least 5:1.
C.
No individual,
partnership, firm, or corporation shall deepen, widen, fill, reroute
or change the course or location of any existing ditch, channel, stream
or drainageway, without first obtaining written permission of the
City and any other agency having jurisdiction.
D.
Ownership
and Maintenance of the FMA.
The area determined to be
the FMA shall be designated on and part of the final plat. Approximate
locations shall be shown on zoning change requests and preliminary
plats. At the City’s option, the FMA shall be protected by one
of the following methods:
1.
Dedicated
to the City of Lufkin, at the developer’s option; or
2.
Easement(s).
Creeks or drainageways in tracts which have private maintenance
provisions, other than single- or two-family platted lots, can be
designated as the FMAs by an easement to the City on the final plat.
Subdivisions with platted single-family or two-family lots may designate
the FMA by easement provided there is adequate maintenance provisions,
but no lots or portions of lots may be platted in the easement unless
specifically allowed by the City. The area designated as FMA may be
identified by a tract number; or
3.
Certain
recreational uses normally associated with or adjacent to floodprone
areas (no structures allowed in the FMA), such as golf courses. The
uses allowed shall be in conformance with the Zoning Ordinance.
a.
Prior
to acceptance of any drainageway as an FMA by the City, the area shall
be cleared of all debris. Floodway management areas dedicated to the
City shall be left in a natural state except those areas designated
for recreational purposes.
E.
Design Criteria.
The following design criteria shall be required for development
adjacent to the FMA:
1.
Adequate
access must be provided along the FMA for public or private maintenance.
An unobstructed area a minimum of twenty feet (20') wide with a maximum
5:1 slope (five feet horizontal to one foot vertical), the length
of the floodway shall be provided adjacent to or within the FMA. On
the opposite side of the drainage area, an unobstructed area having
a minimum width of five feet (5') shall be provided.
2.
Lots in
a single-family, PD single-family or duplex residential zoning district
shall not be platted within the FMA. If lots back to an FMA, at least
two reasonable points of access to the FMA, each a minimum of twenty
feet (20') in width, shall be provided. Streets and alleys may qualify
as access paints if designed such that they are navigable by maintenance
vehicles. All areas of the FMA must be accessible from the access
points. Lots used for multifamily may be platted in the FMA if the
FMA is identified as an easement and is maintained as open space for
use by the residents.
3.
Public
streets may be approved in the FMA by the Planning and Zoning Commission,
if they conform to applicable engineering standards.
4.
Public
streets may be required to be constructed adjacent to some portions
of the FMA to allow access for maintenance or recreational opportunities.
5.
No building
sites shall be located within the floodway.
6.
Alternate
designs to facilitate equal or better access may be permitted if approved
by the City Engineer.
F.
Drainage
areas which have been altered and are not in a natural condition can
be exempted from an FMA and this Section at the discretion of the
Planning and Zoning Commission and upon recommendation by the City
Engineer.
G.
Any construction
within the FMA (including, but not limited to, grading, clearing,
construction of utility lines, etc.) shall require issuance of a floodplain
permit prior to commencement of such construction.
(Ordinance 3693 adopted 4/6/2004, as revised through 1/4/2012)
A.
Applicability.
When a subdivision contains either common open space or other
improvements which are not intended to be dedicated to the City of
Lufkin for public use (e.g., private streets, private recreation facility,
landscaped entry features, etc.), a property/homeowners association
agreement consistent with State and other appropriate laws, must be
submitted to and approved by the Planning and Zoning Commission, and
made a part of the final plat documents. The Conditions, Covenants
and Restrictions (i.e., CCRs) and the association documents (i.e.,
articles of incorporation, bylaws) shall be submitted to the City
for review and City approval along with the preliminary plat application,
and such documents must contain provisions that satisfy the requirements
outlined within this Section. Said documents must, at a minimum, include
provisions which allow the City to take over the maintenance of common
property (including private streets, private recreation facilities,
etc.) using association funds, if such action becomes necessary due
to nonperformance or inaction by the association or if the association
goes defunct. Provisions shall also be included which would, in the
latter instance, convey ownership of the private streets (if any)
and all other common areas to the City, and which would allow the
City to remove any improvements/amenities from the common areas and
sell any buildable land area (as residential lots) to recoup the City’s
expenses for maintenance and/or demolition of the improvements. Any
monies that remain after the City has recovered all of its expenses
shall be retained for future maintenance/upgrading of the streets,
common areas (if any remain), screening walls, or other improvements
within the subdivision.
B.
Membership.
A property/homeowners association shall be an incorporated nonprofit
organization operating under recorded land agreements through which:
1.
Each lot
owner within the described land area is automatically a member (i.e.,
membership in the association is mandatory); and
2.
Each lot
is automatically subject to a charge for a proportionate share of
the expenses for the property/homeowners association’s activities,
such as maintenance of common open spaces or the provision and upkeep
of common recreational facilities.
C.
Legal Requirements.
In order to assure the establishment of a proper property/homeowners
association, including its financing, and the rights and responsibilities
of the property/homeowners in relation to the use, management and
ownership of common property, the subdivision plat, dedication documents,
covenants, and other recorded legal agreements must:
1.
Legally
create an automatic membership, nonprofit property/homeowners association;
2.
Place title
to the common property in the property/homeowners association, or
give definite assurance that it automatically will be so placed within
a reasonable, definite time;
3.
Appropriately
limit the uses of the common property;
4.
Give each
lot owner the right to the use and enjoyment of the common property;
5.
Place responsibility
for operation and maintenance of the common property in the property/homeowners
association;
6.
Place an
association charge on each lot in a manner which will both assure
sufficient association funds and which will provide adequate safeguards
for the lot owners against undesirable high charges;
7.
Give each
lot owner voting rights in the association; and
8.
Must identify
land area within the association’s jurisdiction including but
not limited to the following:
9.
Any governmental
authority or agency, including, but not limited to, the City and the
County, their agents, and employees, shall have the right of immediate
access to the common elements at all times if necessary for the preservation
of public health, safety and welfare. Should the property/homeowners
association fail to maintain the common elements to City specifications
for an unreasonable time, not to exceed ninety (90) days after written
request to do so, then the City shall have the same right, power and
authority to enforce the association’s rules and to levy assessments
necessary to maintain the common elements. The City may elect to exercise
the rights and powers of the property/homeowners association or its
Board, or to take any action required and levy any assessment that
the property/homeowners association might have taken, either in the
name of the property/homeowners association or otherwise, to cover
the cost of maintenance (or the possible demolition, if such becomes
necessary) of any common elements.
D.
Protective
Covenants.
Protective covenants shall be developed which,
among other things, shall make the property/homeowners association
responsible for:
(Ordinance 3693 adopted 4/6/2004, as revised through 1/4/2012)
