This Ordinance is adopted under the authority of the constitution and laws of the State of Texas, including particularly Chapters 231, Acts of the 40th Legislature, Regular Session, 1927, as heretofore or hereafter amended (compiled as Article 974a, VTCS) and the provision of Section 4 of the Municipal Annexation Act as heretofore or hereafter amended (compiled as Article 970a, VTCS).
Editor's note—The subdivision ordinance (Ordinance 131) was adopted by the city council on November 1, 1976. The ordinance is set out herein as adopted, with amendments through October 20, 1980, except that the Code format as to capitalization and expression of numbers has been utilized. History notes in parentheses () have been placed at the end of amended sections. Any words appearing in brackets [ ] were added by the editor for clarity. References herein to Ordinance 103 now apply to Ordinance 170. References to Ordinance 105 now apply to Ordinance 185.
AN ORDINANCE ESTABLISHING CONTROL OF SUBDIVISION DEVELOPMENT WITHIN THE CORPORATE LIMITS AND WITHIN THE EXTRATERRITORIAL JURISDICTION OF THE CITY; PROVIDING DEFINITIONS OF TERMS; PROVIDING FOR VARIANCES; ESTABLISHING REQUIREMENTS FOR CONTENT AND PROCESSING OF PRELIMINARY AND FINAL PLATS; ESTABLISHING PERFORMANCE AND GUARANTEE REQUIREMENTS; ESTABLISHING STANDARDS AND SPECIFICATIONS; DESCRIBING RESPONSIBILITIES OF CITY COMMISSIONS, BOARDS AND OFFICIALS; PROVIDING FOR RESOLUTION OF CONFLICT WITH OTHER ORDINANCES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR ENFORCEMENT FOR VIOLATION.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EL LAGO, TEXAS:
The purpose of this ordinance is to provide for the orderly, safe and healthful development of the area within the city and within the area surrounding the city and to promote the health, safety, morals and general welfare of the community.
This ordinance applies to all plats and subdivisions of land within the corporate limits of the city, and to all plats and subdivisions of land outside the corporate limits of the city and within the extraterritorial jurisdiction of the city.
For the purposes of this ordinance, the following terms, phrases, words and their derivations shall have the meaning ascribed to them in this section. Definitions not expressly prescribed herein are to be construed in accordance with customary usage in municipal planning and engineering practices. Any office referred to in this ordinance by title means the person employed or appointed by the city in that position, or his duly authorized representative.
The board established by Ordinance No. 105.
The line within a property defining the minimum horizontal distance between a building and the adjacent street line.
The City of El Lago, Texas.
A person appointed to that position by the mayor and city council.
The planning and zoning commission of the city.
A public right-of-way, six (6) feet or more in width between property lines, which provides pedestrian circulation.
A street having but one (1) outlet to another street, and terminated on the opposite end by a vehicular turnaround.
A street, other than a cul-de-sac, with only one (1) outlet.
A person duly authorized under the provisions of the Texas Engineering [Practice] Act, as heretofore or hereafter amended, to practice the profession of engineering.
Editor’s note—The Texas Engineering Practice Act is codified in VTCS Art. 3271a.
The area and map designated as such by Ordinance No. 103.
An undivided tract or parcel of land having frontage on a public street and which is, or in the future may 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.
The portion of a street available for vehicular traffic; where curbs are laid, it is the portion between the face of the curbs.
Any individual, association, firm, corporation, governmental agency or political subdivision.
The map, drawing or chart on which a subdivider’s proposed plan of subdivision development is presented and which he submits for approval and intends to record in final form.
The subdivision of any part of a block of previously platted subdivision, addition or any tract or parcel of land that does not change the location of any street line or original subdivision boundary line.
A public right-of-way, however, designated, which provides vehicular access to adjacent land.
An arterial street primarily provides vehicular circulation to various sections of the city.
A collector street primarily provides circulation within the neighborhoods, to carry traffic from minor streets to arterial streets, or to carry traffic through or adjacent to commercial or industrial areas.
A marginal street is a street which is parallel to and adjacent to an arterial street, which primarily provides access to abutting properties and protection from through traffic.
A minor street is one used primarily for access to abutting residential property.
The line which delineates the right-of-way of the street.
The shortest distance between the lines which delineate the right-of-way of the street.
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, of land sought to be subdivided.
A division of any lot, tract or parcel of land situated within the corporate limits or within the extraterritorial jurisdiction area of the city into two (2) or more lots or sites for the purpose, whether immediate or future, of sale or of building development, and/or which includes the dedication of any land to the public use, whether in the form of streets, alleys, easements, parks or playgrounds. Subdivision includes resubdivision, but it does not include the division of land for agricultural purposes in parcels or tracts of five (5) acres or more and not involving any new street, alley, or easement of access.
A licensed state land surveyor or a registered public surveyor, as authorized by the state statutes to practice the profession of surveying.
An interest in land granted to the city, to the public generally, and/or to a private utility corporation, for installing or maintaining utilities across, over or under private land, together with the right to enter thereon with machinery and vehicles necessary for the maintenance of said utilities.
Editor’s note—See the editor’s note at the beginning of this appendix.
A.
No building, repair, plumbing or electrical permit shall be issued by the city for any structure on a lot in a subdivision for which a final plat has not been approved and filed for record, nor for any structure on a lot within a subdivision in which the standards contained herein have not been complied with in full. No work will be started prior to the issuing of a construction permit.
B.
All construction must meet the requirements of Ordinance No. 103 for building in a flood hazard area.
C.
The city shall not repair, maintain, install or provide any streets or public utility services in any subdivision for which a final plat has not been approved and filed for record, nor in which the standards contained herein or referred to have not been complied with in full.
D.
No septic tanks or individual disposal plants shall be allowed in any subdivision. No water wells shall be allowed on any residential lot in any subdivision.
E.
Provided, however, that the provisions of this section shall not be construed to prohibit the issuance of permits for any lots upon which a residential building exists and was in existence prior to passage of this subdivision ordinance, except as prohibited by such other ordinances, nor to prohibit the repair, maintenance, or installation of any street or public utility services for, to or abutting any lot, the last recorded conveyance of which prior to passage of this ordinance was by metes and bounds, and/or any subdivision, or lot therein, recorded or unrecorded, which subdivision was in existence prior to the passage of this ordinance.
Editor’s note—See the editor’s note at the beginning of this appendix.
The board of adjustment may authorize a variance from these regulations when, in its opinion, undue hardship will result from requiring strict compliance. In granting a variance, the board shall prescribe only conditions that it deems necessary to or desirable in the public interest. In making the findings hereinbelow required, the board shall take into account the nature of the proposed use of the land involved, existing uses of land in the vicinity, the numbers of persons who will reside or work in the proposed subdivision, and the probable effect of such variance upon traffic conditions and upon the public health, safety, convenience and welfare in the vicinity. No variance shall be granted unless the board finds:
A.
That there are special circumstances or conditions affecting the land involved such that the strict application of the provisions of this ordinance would deprive the applicant of the reasonable use of his land; and
B.
That the variance is necessary for the preservation and enjoyment of a substantial property right of the applicant; and
C.
That the granting of the variance will not be detrimental to the public health, safety or welfare, or injurious to other property in the area; and
D.
That the granting of the variance will not have the affect of preventing the orderly subdivision of other land in the area in accordance with the provisions of this ordinance.
Such findings of the board, together with the specific facts upon which such findings are based, shall be incorporated into the official minutes of the board meeting at which such variance is granted. Variances may be granted only when in harmony with the general purpose and intent of this ordinance so that the public health, safety, and welfare may be secured and substantial justice done. Pecuniary hardship to the subdivider, standing alone, shall not be deemed to constitute undue hardship. |
(Ordinance 131 adopted 11/1/76)
A.
General requirements for approval of plats.
(1)
Prior to the subdivision, re-subdivision, or development of any land within the city, or its extraterritorial jurisdiction, all plans, plats, and construction plans for infrastructure improvements must first be approved in accordance with this chapter except for:
(a)
Alterations to an existing building or site where no additions; increase in floor area; drainage improvements; street improvements; utility extension; additional parking; or changes to street access are proposed.
(b)
Divisions of land created by order of a court of competent jurisdiction.
(c)
A change in ownership of a property through inheritance or the probate of an estate.
(d)
Cemeteries complying with all state and local laws and regulations.
(2)
Except as exempted above, no land may be subdivided or platted through the use of any legal description.
(3)
Except for agricultural leases, no person shall transfer, lease, sell or receive any part of a parcel before a plat of such parcel and the remaining parcel have been approved in accordance with the provisions of these regulations in this code and filed for record with the appropriate county clerk.
(4)
No building permit for a structure or certificate of occupancy shall be issued for any parcel or tract of land until such property has received plat approval in conformity with the provisions of this code, and filed for record with the appropriate county clerk, and public improvements have been accepted by the city (if applicable).
(5)
The platting or subdivision of any lot or any parcel of land, by the use of Global Positioning System (GPS) using the Texas State Plane Coordinate System (SPCS) as a substitute for metes and bounds for the purpose of sale, transfer, lease, or development is prohibited. The SPCS may be used as supporting documentation only and the datum source must be referenced.
(6)
The mayor and the commission will act on a plat within the timeframe specified in the applicable state law. A plat is considered approved unless it is disapproved within that period.
Review Authority and Expiration of Plats | |||
|---|---|---|---|
Type of Plat | Applicability | Approving Body/Official | Expiration |
Minor plat | Creation of four (4) or fewer lots fronting on an existing street and not requiring the creation of any new street or the extension of municipal facilities. | Mayor (designee) | Must be filed with the county clerk within 12 months following the date of approval |
Amending plat | A plat that complies with LGC § 212.016 and generally submitted to correct errors and omissions or make minor changes. | Mayor (designee) | Must be filed with the county clerk within 12 months following the date of approval |
Development plat | Required for previously unsubdivided or unplatted land that is not being divided into separate parcels, as described in LGC § 212.045. | Mayor (designee) | Must be filed with the county clerk within 12 months following the date of approval |
Preliminary plat | Required for land being divided into separate parcels, plats with five or more lots, and any plats that require public improvements that will be dedicated to the city. | Commission | Must submit a final plat within 12 months following the date of approval |
Final plat | • Required for land being divided into separate parcels, plats with five or more lots, and any plats that require public improvements that will be dedicated to the city. • Required to ensure that a final recorded plat conforms to the preliminary plat as approved by the city council and to the construction plans as approved by the mayor or designee. | Commission | Must be filed with the county clerk within 12 months following the date of approval |
Replat | To replat a subdivision or part of a subdivision without vacation of the original plat. | Commission | Must be filed with the county clerk within 12 months following the date of approval |
Plat approval extension | To extend expiration date of a plat approval. | Commission | If no development has occurred within 12 months following the date of approval, the expiration date may be extended by an additional 12 months |
B.
Administrative plat review.
(1)
Applicability.
Minor plats, amending plats, or development plats may be approved by the mayor (or designee) following an evaluation for compliance with this code, and after the applicable fee has been submitted to the city according to the fee schedule kept on file with the city secretary.
(a)
Minor plat.
A minor plat is any plat involving four (4) or fewer lots fronting on an existing street and not requiring the creation of any new street or the extension of municipal facilities.
(b)
Amending plat.
A plat that complies with Texas Local Government Code § 212.016, and is generally submitted to correct errors and omissions, or make minor changes if the amending plat is signed by the applicants only and is solely for one or more of the following purposes:
i.
Correct an error in a course or distance shown on the preceding plat;
ii.
Add a course or distance that was omitted on the preceding plat;
iii.
Correct an error in a real property description shown on the preceding plat;
iv.
Indicate monuments set after the death, disability, or retirement from practice of the engineer or surveyor responsible for setting monuments;
v.
Show the location or character of a monument which has been changed in location or character or that is shown incorrectly as to location or character on the preceding plat;
vi.
Correct any other type of scrivener or clerical error or omission previously approved by the municipal authority responsible for approving plats, including lot numbers, acreage, street names, and identification of adjacent recorded plats;
vii.
Correct an error in courses and distances of lot lines between two (2) adjacent lots if:
viii.
Relocate a lot line to eliminate an inadvertent encroachment of a building or other improvement on a lot line or easement;
ix.
Relocate one or more lot lines between one or more adjacent lots if:
1.
The owners of all those lots join in the application for amending the plat;
2.
The amendment does not attempt to remove recorded covenants or restrictions;
3.
The amendment does not increase the number of lots; and
4.
The amendment does not render any resulting lot substandard for a required well, on-site sewage facility, or below minimum lot size requirements in existing deed restrictions on in the future land use map;
x.
Make necessary changes to the preceding plat to create six or fewer lots in the subdivision or a part of the subdivision covered by the preceding plat if:
1.
The changes do not affect applicable zoning and other regulations of the municipality, including water and on-site sewage facility regulations;
2.
The changes do not attempt to amend or remove any covenants or restrictions; and
3.
The area covered by the changes is located in an area that the city council has approved, after a public hearing, as a residential improvement area; or
xi.
Replat one or more lots fronting on an existing street if:
1.
The owners of all those lots join in the application for amending the plat;
2.
The amendment does not attempt to remove recorded covenants or restrictions;
3.
The amendment does not increase the number of lots; and
4.
The amendment does not create or require the creation of a new street or make necessary the extension of municipal facilities, or require a variance for water well lot sizing and setbacks or on-site sewage facility regulations.
(c)
Development plat.
Development plats are required for previously unsubdivided or unplatted land that is not being divided into separate parcels, as described in Texas Local Government Code § 212.045. Any person who proposes the development of a tract of land within the city limits or the ETJ must have a development plat of the tract prepared in accordance with this section. No development will begin, nor any building permit, utility connection permit, or similar permit be issued until a development plat has been reviewed and approved. When an applicant is required to file a plat by other requirements of this section, a development plat is not required.
(2)
Endorsement.
It will be unlawful to offer and cause to be filed any plan, plat, or replat of land within the city limits or ETJ of record with the appropriate county clerk unless the plan, plat or replat bears the signature and approval of the mayor (or designee).
(3)
Approval criteria (administrative plat).
All subdivisions and plats of land will be reviewed using the criteria in this code. Infrastructure construction plans must be filed and be consistent with applicable city standards and standards for applicable entities.
(4)
Responsibility for final action.
The mayor (or designee) is responsible for final action on administrative plat reviews. If the mayor (or designee) determines the administrative plat does not meet the approval criteria, the applicant may request that the application be forwarded to the commission, which will take final action.
(5)
Action following plat approval.
After approval of an administrative plat, the developer will notify the city engineer within ten (10) days which of the following construction procedure(s) the developer proposes to follow, if public improvements are required:
(a)
The developer may file a construction plan, and upon approval of the construction plan by the city engineer, proceed with construction of streets, alleys, sidewalks, and utilities that the developer is required to install. The city will inspect the work as it progresses, and upon completion and final acceptance by the city, and upon written request of the developer, the approved plat may be filed of record with the appropriate county clerk.
(b)
The developer may elect to post fiscal surety and assurance of construction as provided in the code, which case the surety of assurance will be filed with the city, together with a request that the plat be filed for record. In this case, the plat will be filed with the appropriate county clerk. The city will inspect the construction work as it progresses and will make the final inspection to assure compliance with city requirements; and upon completion of construction, the developer will deliver to the city a two (2) year guarantee of workmanship and materials as provided in the code.
(c)
The city engineer shall issue letter accepting documents, providing the requisite authority for the subdivider to proceed with the construction of streets and utilities.
(6)
Recordation.
After the mayor (or designee) has approved the plat, the city engineer has approved the construction plans and the subdivider has either posted fiscal surety and assurance of construction or completed required provision of infrastructure and public improvements, the plat will be recorded in the office of the appropriate county clerk within twelve months. The developer will pay the record filing fee as provided for in the city's applicable fee schedule.
C.
Special provisions.
(1)
No building, repair, plumbing, or electrical permit shall be issued by the city for any structure on a lot in a subdivision for which an appropriate plat has not been approved and filed for record, nor for any structure on a lot within a subdivision in which the standards contained herein or referred to herein have not been complied with in full.
(2)
Developments that existed prior to 1976. Permits for alterations to an existing buildings or site developed prior to 1976, where no additions; increase in floor area; drainage improvements; street improvements; utility extensions; additional parking; paving, or changes to street access are proposed, shall be approved without requiring a plat to be approved or recorded.
(3)
Developments that were constructed after 1976 without approved and recorded plats. Permits for alterations to an existing buildings or site developed after to 1976 on properties that were not platted in conformance with the adopted codes, where no additions; increase in floor area; drainage improvements; street improvements; utility extensions; additional parking; paving, or changes to street access are proposed, shall be approved without requiring a plat to be approved or recorded, upon approval of a plat exemption from the city.
(4)
Routine maintenance for properties that have not been platted. Permits to replace or repair existing structures, mechanical, electrical, and plumbing systems and fixtures shall be approved without requiring a plat to be approved or recorded.
(5)
The city shall not repair, maintain, install, or provide any streets or public utility services in any subdivision for which a final plat has not been approved and filed for record, nor in which the standards contained herein or referred to herein have not been complied with in full.
(6)
The city shall not sell or supply water, electricity, or sewerage service within a subdivision for which a final plat has not been approved and filed for record, nor in which the standards contained herein or referred to herein have not been complied with in full.
(7)
On behalf of the city, the city attorney shall, when directed by the city council, institute appropriate action in a court of competent jurisdiction to enforce the provisions of this chapter or the standards referred to herein with respect to any violation thereof which occurs within the city, within the extraterritorial jurisdiction of the city as such jurisdiction is determined under the Municipal Annexation Act, or within any area subject to all or a part of the provisions of this chapter.
(Ordinance 498 adopted 9/6/2023)
A.
General.
The subdivider shall cause to be prepared a preliminary plat by a surveyor or engineer in accordance with this ordinance.
B.
Time for filing and copies required.
The subdivider shall file six (6) blue or black line copies of the plat together with the original, with the city secretary at least thirty (30) days prior to the date at which formal application for the preliminary plat approval is made to the commission.
C.
Filing fees.
Such plat shall be accompanied by a filing fee reflected in the fee schedule kept on file in the office of the city secretary. No action by the mayor, designed [designee] or commission shall be valid until the filing fee has been paid. This fee shall not be refunded should the subdivider fail to make formal application for preliminary plat approval or should the plat be disapproved.
D.
Formal application.
Formal application for preliminary plat approval shall be made by the subdivider in writing to the commission at an official meeting of the commission.
E.
Form and content.
The plat shall be drawn on sheets twenty-four (24) inches wide and thirty-six (36) inches long, with a binding margin of not less than one and one-half (11/2) inches on the left side of the sheet and margins on the other three (3) sides of not less than one-half (1/2) inch. The plat shall be drawn to a scale of sixty (60) feet to one (1) inch. When more than one (1) sheet is necessary to accommodate the entire area, an index sheet showing the entire subdivision at an appropriate scale shall be attached to the plat. The plat shall show the following:
(1)
Names and addresses of the subdivider, record owner, engineer, and/or surveyor.
(2)
Proposed name of the subdivision, which shall not have the same spelling as or be pronounced similar to the name of any other subdivision located within the corporate limits or extraterritorial jurisdiction area of the city.
(3)
Names of contiguous subdivisions and the owners of contiguous parcels of undivided land, and an indication of whether or not contiguous properties are platted.
(4)
Description, by metes and bounds, of the subdivision.
(5)
Primary control points or descriptions, and ties to such control points to which all dimensions, angles, bearings, block numbers and similar data shall be referred.
(6)
Subdivision boundary lines, indicated by heavy lines, and the computed acreage of the subdivision.
(7)
Existing sites as follows:
(a)
The exact location, dimensions, name and description of all existing or recorded streets, alleys, reservations, easements or other public rights-of-way within the subdivision, intersecting or contiguous with its boundaries or forming such boundaries.
(b)
The exact location, dimensions, description and name of all existing or recorded residential lots, parks, public areas, permanent structures and other sites within or contiguous with the subdivision.
(c)
The exact location, dimensions, description, and flow line of existing natural drainage patterns and natural and artificial drainage structures within the subdivision or on contiguous tracts.
(8)
The exact location, dimensions, description and name of all proposed streets, alleys, drainage structures, utility lines, fireplugs, parks, other public areas, reservations, easements or other rights-of-way, blocks, lots, and other sites within the subdivision. Any proposed surface drainage structures of facilities must be graphically shown with outlets and flow rates as being compatible with and not creating a flooding problem with, adjoining downstream areas.
(9)
Date of preparation, scale of plat of north arrow.
(10)
Topographical information shall include contour lines on a basis of five (5) vertical feet.
(11)
A number or letter to identify each lot or site and each block.
(12)
Front building setback lines on all lots and sites. Side yard building setback lines at street intersections and crosswalk ways.
(13)
Location of city limits line, the outer border of the city’s extraterritorial jurisdiction, and zoning district boundaries, if they traverse the subdivision, form part of the boundary of the subdivision, or are contiguous to such boundary.
(14)
A narrative description of materials, standards, workmanship (bidding, fill, testing, etc.) proposed for all utility structures, lines and facilities. This description shall demonstrate familiarity with and proposed compliance thereto of specific local, county, state and federal health, pollution, and environmental rules, regulations and guidelines.
(15)
Vicinity sketch or map at a scale of not more than one thousand (1,000) feet to an inch which shall show existing subdivisions, streets, easements, rights-of-way, parks and public facilities in the vicinity, the general drainage plan and ultimate destination of water, and possible storm sewer, water, gas, electric and sanitary sewer connections by arrows.
F.
Processing of preliminary plat.
(1)
One (1) copy of the preliminary plat and accompanying data shall be retained in the city office for public review.
(2)
The city engineer shall check the same for conformity with the standards and specifications contained or referred to herein. The city engineer shall return the preliminary plat and accompanying data to the commission with his suggestions as to modifications, additions or alterations of such plat or data within twenty (20) days after the preliminary plat is formally filed. He shall also attend the commission meetings upon request of the commission chairman.
(3)
Within thirty (30) days after the preliminary plat is formally filed, the commission shall conditionally approve or disapprove such plat or conditionally approve it with modifications.
(4)
Conditional approval of a preliminary plat by the commission shall be deemed an expression of approval of the layout submitted on the preliminary plat as a guide to the installation of streets, water, sewer and other required improvements and utilities and to the preparation of the final or record plat. Conditional approval of a preliminary plat shall not constitute automatic approval of the final plat.
(5)
Conditional approval of a preliminary plat shall be effective for one hundred eighty (180) days unless reviewed by the commission in the light of new or significant information which would necessitate a revision of the preliminary plat. If the commission should deem changes in a preliminary plat as necessary, it shall so inform the subdivider in writing.
(6)
If the commission should disapprove a preliminary plat, the subdivider shall be provided the reasons for such disapproval in writing.
(Ordinance 131, sec. 16, adopted 11/1/76; Ordinance 498 adopted 9/6/2023)
A.
General.
The final plat and accompanying data shall conform to the preliminary plat as conditionally approved by the commission, incorporating any and all changes, modifications, alterations, corrections and conditions imposed by the commission.
B.
Form and content.
The final plat shall be submitted in such number as is required by the commission, and shall contain all of the features required for preliminary plats in Section 7 above, and it shall be accompanied by site improvement data bearing the seal of an engineer and detailed cost estimates.
(1)
The final plat and the accompanying data and detailed cost estimates shall be reviewed by the city engineer.
(2)
In addition to the various requirements for the preliminary plat, the final plat shall also include the following:
(a)
The exact location, dimensions, name and description of all existing or recorded streets, alleys, reservations, easements, or other public rights-of-way within the subdivision, intersecting or contiguous with its boundary or forming such boundary, with accurate dimensions, bearing or deflecting angles and radii, area, and central angle, degree of curvature, tangent distance and length of all curves where appropriate.
(b)
The exact location, dimensions, description and name of all proposed streets, alleys, drainage structures, parks, other public areas, reservations, easements or other rights-of-way, blocks, lots, and other sites within the subdivision with accurate dimensions, bearing or deflecting angles with radii, area, and central angles, degree of curvature, tangent distance and length of all curves where appropriate.
(3)
When filed, the final plat shall be accompanied by the following site improvement data. All plans and engineering calculations shall bear the seal and signature of an engineer.
(b)
Sanitary sewers:
(i)
Six (6) copies of the proposed plat, showing two-foot contours and dimensions of existing sewer lines.
(ii)
Six (6) copies of plans and profiles of proposed sanitary sewer lines, indicating depths and grades of lines.
(iii)
When a separate sewer system or treatment plant is proposed, six (6) copies of proposed plans and specifications.
(c)
Water lines:
(i)
Six (6) copies of the proposed plat showing two-foot contours and the location and size of existing water lines and fire hydrants.
(ii)
Six (6) copies of plans and profiles of all proposed water lines and fire hydrants, showing depths and grades of the lines.
(iii)
Six (6) copies of the plans and agreements for connection with an existing water system, or if a separate water system is planned, six (6) copies of the plans, including fire hydrants, of the proposed system.
(iv)
Six (6) copies of detailed cost estimates.
(d)
Storm drainage:
(i)
Six (6) copies of the proposed plat, indicating two-foot contours. All street widths and grades shall be indicated on the plat, and runoff figures shall be indicated on the outlet and inlet side of all drainage ditches and storm sewers, and at all points in the street at changes of grade or where the water enters another street or storm sewer or drainage ditch. Drainage easements shall be indicated.
(ii)
A general location map of the subdivision showing the entire watershed (a U.S.G.S. quadrangle is satisfactory).
(iii)
Calculations showing the anticipated stormwater flow, including watershed area, percent runoff, and time of concentration. When a drainage channel, storm sewer, detention basin, or roadside ditch is proposed, calculations shall be submitted showing basis for design. The design for localized storm conveyance systems or any detention facilities that outfall to City drainage systems, such as storm sewers and roadside ditches, are required to incorporate the most recent Harris County, Region 3 rainfall data as specified in the current HCED development regulations.
(iv)
When a drainage channel, storm sewer, detention basin, or roadside ditch is proposed, complete plans, profiles, and specifications shall be submitted, showing complete construction details.
(v)
When conditions upstream or downstream from a proposed channel or storm sewer do not permit maximum design flow, high water marks based on a twenty-five-year frequency, shall be indicated based on existing conditions.
(vi)
Six (6) copies of detailed cost estimates.
(vii)
Unless outfalling directly into a stream or body of water impacted by coastal flooding as determined by the FEMA Flood Insurance Study or Flood Profiles (i.e. tidal impacts, Stillwater elevations, storm surge), detention will be required at a minimum storage rate of 0.55 acre-feet/acre of development. Minimum storage rate does not apply for a single-family residential structure and/or accessory buildings proposed on an existing lot.
(viii)
Hydrograph timing may not be used as a substitution for detention when detention is required.
(4)
The final plat shall also include the following:
(a)
Owner’s acknowledgement:
State of Texas |
County of Harris |
I (we) the undersigned, owner(s) of the land on this plat, and designated herein as the __________ subdivision to the City of El Lago, Texas, and whose name if subscribed hereto, hereby dedicate to the use of the public forever all streets, alleys, parks, watercourses, drains, easements and public places thereon shown for the purpose and consideration therein expressed. |
____________________ Owner |
State of Texas |
County of Harris |
Before me, the undersigned authority, on this day personally appeared __________, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and considerations therein stated. |
Given under my hand and seal of office this __________ day of; daterule;, 20_____. |
____________________ Notary Public |
(b)
Certificate of the surveyor responsible for surveying the subdivision area, attesting to its accuracy:
State of Texas |
County of Harris |
I, the undersigned, a (registered professional engineer/public surveyor) in the State of Texas, hereby certify that this plat is true and correct and was prepared from an actual survey of the property made under my supervision on the ground. |
(Engineer or Surveyor’s Seal) |
____________________ Registered Professional Engineer |
Or |
Registered Public Surveyor |
(c)
A certificate by the engineer responsible for the preparation of the final plat and supporting data, attesting to its accuracy:
State of Texas |
County of Harris |
I, the undersigned, a registered professional engineer in the State of Texas, hereby certify that proper engineering consideration has been given this plat. |
(Seal) |
____________________ Registered Professional Engineer |
(d)
Certification by the city engineer:
I, the undersigned, City Engineer for the City of El Lago, Texas, hereby certify that this subdivision plat conforms to all requirements of the subdivision regulations of the City as to which his approval is required. |
____________________ City Engineer |
(e)
Approval of the planning and zoning commission:
This plat, __________, has been submitted to and considered by the Planning and Zoning Commission of the City of El Lago, Texas, and is hereby approved by such Commission. |
Dated this __________ day of; daterule;, 20_____. |
By: ____________________ Chairman |
Attest: |
____________________ City Secretary |
C.
Processing of final plat.
(1)
If desired by the subdivider and approved by the commission, the final plat may constitute only that portion of the approved preliminary plat which he proposes to record and develop. However, such portion shall conform to all requirements of this ordinance.
(2)
As soon as practical after the subdivider is notified of the approval of the preliminary plat, his engineer shall submit to the commission at an official meeting the final plat of the subdivision or portion thereof. No work shall be started prior to the commission approval of the final plat.
(3)
No final plat will be considered unless a preliminary plat has been submitted. However, if an approved plat has been duly recorded and the subdivider wishes to increase the size of the lots by combining two (2) or more lots or by combining one lot with a portion of the adjacent lot in such manner that no portion of a lot remains smaller than the original lots, no preliminary plat would be necessary.
(4)
A final plat of an approved preliminary plat or a portion thereof shall be submitted to the commission within one hundred eighty (180) days of the date of approval of the preliminary plat, otherwise the approval of the commission shall become null and void, unless an extension of time is applied for and granted by the commission.
(5)
When the final plat is filed with the commission for approval, it shall be accompanied by an applicable filing fee reflected in the fee schedule kept on file in the office of the city secretary. No action by the mayor, designee or commission shall be valid until the fling fee has been paid. This fee shall not be refunded should the subdivider fail to make formal application for final plat approval or should the plat be disapproved.
(6)
Within thirty (30) days after the final plat is formally filed, the commission chairman shall call a meeting at which the final plat shall be approved or disapproved. The city engineer shall attend this meeting if requested by the commission chairman. If the final plat is disapproved, the commission shall inform the subdivider in writing of the reasons at the time such action is taken. The subdivider shall have forty-five (45) days in which to correct the defects identified in writing and to resubmit the plan and plat.
(7)
After the final plat has been finally approved and the subdivider has constructed all the required improvements and such improvements have been approved, and a maintenance bond filed as hereafter provided; or after the plat has been finally approved and the subdivider has filed the security and maintenance bond hereinafter provided, the subdivider shall cause the final plat to be recorded with the County Clerk of Harris County, Texas. No building permits shall be issued without proof of recording filed with the city secretary.
(Ordinance 473, secs. 2—3, adopted 11/18/20; Ordinance 498 adopted 9/6/2023)
A.
No house or dwelling unit shall be constructed on any lot in this addition by the owner or any other person until:
(1)
Such time as the developer and/or owner has complied with all requirements of the platting ordinance of the city regarding improvements with respect to the entire block on the street and/or streets on which the property abuts, a corner lot shall be regarded as abutting on both intersection streets adjacent to such lot, including the actual installation of streets with the required base and paving, curb and gutter, drainage structures, and storm sewers and alleys, and water and sewer lines all according to the specifications of the city; or
(2)
An escrow deposit, sufficient to pay for the cost of such improvement as determined by the city engineer and/or city council computed on a private commercial rate basis, has been made with the city secretary accompanied by an agreement signed by the developer and/or owner, authorizing the city to make such improvements at prevailing private commercial rates, or have the same made by a contractor and pay for the same out of the escrow deposit, should the developer and/or owner fail or refuse to install the required improvements within the time stated in such written agreement, but in no case shall the city be obligated to make such improvements itself. Such deposit may be used by the owner and/or developer as progress payments as the work progresses in making such improvements by making certified requisitions to the city secretary, supported by evidence of work done; or
(3)
The developer and/or owner files a corporate surety bond with the city secretary in the sum equal to the cost of such improvements for the designated area, guaranteeing the installation thereof within the time stated in the bond which time shall be fixed by the city engineer and/or city council; or
(4)
These restrictions with respect to improvements shall be recorded with the final plat. Such recording is made to ensure the installation of such improvements and to give notice to each prospective owner and to each prospective owner of lots in this subdivision that no house can be constructed on any lot in this subdivision until said improvements are actually made or provided for on the entire block on the street and/or streets on which the property abuts as described herein.
B.
If any type of security is filed by the subdivider under this section, the city engineer shall inspect the construction of the improvements while in progress, and he shall inspect such improvements upon completion of construction. After final inspection, he shall notify the subdivider and the city attorney in writing as to his acceptance or rejection of the construction. He shall reject such construction only if it fails to comply with the standards and specifications contained or referred to herein.
No preliminary or final plat shall be approved by the commission unless they conform to the city standards and specifications.
A.
General.
(1)
Provision for future subdivision.
If a tract is subdivided into parcels larger than ordinary building lots, such parcels shall be arranged to allow the opening of future streets.
(2)
Reserve strips prohibited.
There shall be no reserve strips controlling access to land dedicated or intended to be dedicated to public use.
B.
Streets.
(1)
Street layout.
Adequate streets shall be provided by the subdivider and the arrangement, character, extent, width, grade and location of each shall be considered in their relation to existing and planned streets, to topographical conditions, to public safety and convenience, and in their appropriate relationship to the proposed uses of land to be served by such streets. The street layout shall be devised for the most advantageous development of the entire neighborhood.
(2)
Relation to adjoining street system.
Where necessary to the neighborhood pattern, existing streets in adjoining areas shall be continued, and shall be at least as wide as such existing streets and in alignment therewith.
(3)
Projection of streets.
Where adjoining areas are not subdivided the arrangement of streets in the subdivision shall make provision for the proper projection of streets into such undivided areas.
(4)
Street jogs.
Whenever possible, street jogs with centerline offset of less than one hundred twenty-five (125) feet shall be avoided.
(5)
Street intersections.
Street intersections shall be as nearly at right angles as practicable, giving due regard to terrain and topography.
(6)
Deadend streets.
Deadend streets shall be prohibited except as short stubs to permit future expansion.
(7)
Cul-de-sacs.
In general, cul-de-sacs shall not exceed two hundred (200) feet in length, and shall have a turnaround of not less than one hundred (100) feet in diameter in residential areas and not less than two hundred (200) feet in diameter in commercial and industrial areas.
(8)
Pavement widths and rights-of-way.
Pavement widths and rights-of-way shall be as follows:
(a)
Arterial streets shall have a right-of-way width of at least sixty (60) feet, with a pavement width of at least thirty-six (36) feet.
(b)
All other streets shall have a right-of-way width of at least fifty (50) feet, with a pavement width of at least twenty-seven (27) feet.
(c)
Where the proposed subdivision abuts upon an existing street that does not conform to subparagraph (a) or (b) of this paragraph, the subdivider shall dedicate right-of-way sufficient to make the full right-of-way width conform to such subparagraph and there shall be paved so much of such right-of-way as to make the full pavement width comply with such subparagraph. Before any pavement is laid to widen existing pavement, the existing pavement shall be cut back three (3) feet to ensure an adequate subbase and pavement joint.
(9)
Curbs.
Curbs shall be installed by the subdivider on both sides of all interior streets and on the subdivision side of all streets forming part of the boundary of the subdivision.
(10)
Street names.
Names of new streets shall not duplicate or cause confusion with the names of existing streets, unless the new streets are a continuation of an alignment with existing streets, in which case names of existing streets shall be used.
(11)
Streetlights shall be installed at locations specified by the city within the subdivision. Necessary costs for installation of streetlights will be borne by the subdivider.
(12)
Street signs.
Street signs shall be installed by the subdivider at all intersections within or abutting the subdivision. Such signs shall be of a type approved by the city and shall be installed in accordance with city standards.
C.
Alleys.
Alleys shall not be allowed in residential areas and if used in business or commercial areas shall have a right-of-way and pavement width of not less than twelve (12) feet. Alleys shall be approximately parallel to the frontage of the street and shall be paved in accordance with city standards.
D.
Utility easements.
(1)
Each block shall have a utility easement at the rear of all lots reserved for the use of all public utility lines, conduits and equipment. These utility easements shall be ten (10) feet in width, taking feet from each lot where the rear of two (2) lots abut each other, and shall be continuous for the entire length of the block. These easements shall parallel as closely as possible the street line frontage of the block. Such easement shall not be considered a part of the lot area for purposes of minimum lot-size requirements of this ordinance.
(2)
Normal curb exposure shall be required where utility easements intersect streets.
(3)
Overhang easements of at least ten (10) feet on each side of the ten-foot easement strip, at a height at or above fifteen (15) feet shall be provided in all utility easements.
(4)
Where utility easements are not themselves straight within each block, or if the same do not connect on a straight course with the utility easements of adjoining blocks, then an additional easement shall be provided for the placing of guy wires on lot division lines in order to support poles set on curving or deviating rights-of-way or alleys.
E.
Sidewalks.
Sidewalks shall be installed as follows:
(1)
On both sides of all internal streets of the subdivision;
(2)
As deemed necessary by the commercial [sic] in commercial, industrial public and multifamily areas; and as deemed necessary on the subdivision side of all streets adjoining the subdivision;
(3)
Such additional sidewalks as the subdivider may desire.
F.
Water installations.
(1)
Water supply and distribution.
All subdivisions shall be provided with water supply and water distribution systems approved by the city engineer.
(2)
Fire hydrants.
Standard fire hydrants shall be installed as part of the water distribution system per specifications of the city fire marshal and of the state board of insurance.
G.
Sewers.
(1)
All subdivisions shall be provided with a sewage disposal system approved by the city engineer. Septic tanks shall not be allowed.
(2)
If a sanitary sewage disposal system is to be installed, the plans for such system must be approved by the Texas State Department of Health prior to approval of the final plat by the commission.
H.
Utility lines.
All utility lines that pass under a street or alley shall be installed before the street or alley is paved. When it is necessary that utility lines pass under the street or alley pavement, they shall be installed to a point at least three (3) feet beyond the edge of the pavement.
I.
Monuments.
(1)
Monuments shall be located at the intersection of a line three (3) feet north from and parallel to the north line of each block with a line three (3) feet east from and parallel to the east line of the block, unless such point of intersection occurs within the limits of street paving. In such a case, alternate monument locations shall be approved by the city engineer.
(2)
Where, due to topographic conditions, permanent structures, or other conditions, the view is obstructed between any two (2) adjacent monuments, intermediate monuments shall be so set as to ensure a clear view between adjacent monuments.
J.
Drainage.
(1)
Easement.
Where a subdivision is traversed by a watercourse, drainageway, natural channel or stream, there shall be provided an easement or right-of-way conforming substantially to the limit of such watercourse, plus additional width to accommodate future needs.
K.
Blocks.
Block lengths shall not exceed one thousand (1,000) feet, nor be less than three hundred (300) feet.
L.
Crosswalk ways.
Crosswalk ways six (6) feet in width shall be dedicated where necessary by the commission to provide circulation or access to schools, playgrounds, shopping centers, and transportation and other community facilities, or to provide pedestrian circulation within the subdivision. Crosswalk ways shall be provided with a concrete sidewalk three (3) feet wide.
M.
Lots.
(1)
Frontage.
Each lot shall front upon a public street. Lots of irregular shape shall not be allowed unless they have a street frontage of at least fifty (50) feet.
(2)
Corner lots.
Corner lots shall be at least eighty (80) feet wide. Lots abutting on crosswalk ways shall be treated as corner lots.
(3)
Side lots.
Side lot lines shall be substantially at right angles to straight street lines and radial to curbed street lines.
(4)
Minimum setback lines.
Minimum front building setback lines shall be required of at least twenty-five (25) feet. Where a corner lot is a key lot (where lots face the frontage street and other lots face the side street) the corner lot shall have at least the minimum building setback line on both streets. Where a corner lot is not a key lot, it shall have a minimum building setback line on the side street of at least twenty (20) feet. Lots abutting a crosswalk way shall be treated as corner lots.
(5)
Area of lots.
Each residential lot shall have an area of at least nine thousand (9,000) square feet, shall be at least seventy-five (75) feet wide and shall be at least one hundred twenty (120) feet deep. In the case of irregularly shaped lots, the minimum width shall be measured at the front building line.
(6)
Rear yards.
Minimum rear yard depths shall be required of at least twenty (20) percent of the depth of the lot. However, the depth need not exceed thirty (30) feet from the centerline of the rear utility easement. Garages and out buildings shall not be considered in this definition.
(7)
Side yards.
No structure of any type (fences and garden walls excepted) shall be placed or built on any lot nearer than five (5) feet to any interior side lot line, except that detached garages may be located within three (3) feet of any inside lot line if situated at the rear of the main residence building. The term “detached garage” shall mean a separate building having no common wall with the main residence building.
(8)
No buildings shall be located nearer to the front lot line or nearer to the side street than the building setback lines shown and established on the recorded plat of the subdivision in which the lot or tract is located. In any event, no residence shall be located on any residential building lot nearer than twenty-five (25) feet to the front line nor nearer than ten (10) feet to any side street line, nor nearer than five (5) feet from any side line.
(9)
Extra depth and width in certain cases.
Where a lot in a residential area backs up to a high pressure gasoline, oil or gas line, a depreciating effect on the residential use of property [occurs], and where such lot [exists], additional depth shall be required by the commission. In no case shall a depth in excess of two hundred (200) feet be required. Where a lot sides to any of the above, additional width shall be required by the commission, but in no event shall a width in excess of one hundred twenty-five (125) feet be required.
(Ordinance 138, secs. 1, 2, adopted 11/7/77; Ordinance 162, secs. 1, 2, adopted 10/20/80; Ordinance 473, sec. 4, adopted 11/18/20)
A.
Liability of city to furnish improvements.
The acceptance of a final plat by the city does not in any manner obligate the city to finance or furnish any storm sewers, drainage structures, street or water or sewer improvements, street signs or monuments, nor shall any public money be expended on any new proposed subdivision.
B.
Maintenance of dedicated areas.
Approval of the plat shall not impose any duty upon the city concerning the maintenance of improvements of any dedicated parts indicated thereon until the proper authorities of the city shall have made actual inspection and acceptance of the same in writing.
Where the proposed subdivision constitutes a unit of a larger tract owned by the subdivider, which is intended to be subsequently subdivided as additional units of the same subdivision, the preliminary and final plats shall be accompanied by a layout of the entire area, showing the tentative proposed layout of streets, blocks, drainage, water, sewerage, and other improvements for such areas. The overall layout, if approved by the commission, shall be attached to and filed with a copy of the approved subdivision plat in the city permanent files. Thereafter, plats of subsequent units of such subdivision shall conform to such approved overall layout, unless changed by the commission. However, except where the subdivider agrees to such change, the commission may change such approved overall layout only when the commission finds:
(A)
That adherence to the previously approved layout will hinder the orderly subdivision of other land in the area in accordance with the provisions of this ordinance; or
(B)
That adherence to the previously approved overall layout will be detrimental to the public health, safety or welfare, or will be injurious to other property in the area.
A.
Planning and zoning commission.
The planning and zoning commission shall perform all the duties and functions required by the laws of the State of Texas and the ordinances of the City of El Lago. This commission shall hold all required meetings in a timely manner, in conformance with existing laws and ordinances requesting the presence in writing of other city officials as deemed necessary by the commission chairman.
B.
City engineer.
The city engineer is hereby authorized and directed to promulgate rules, regulations, standards and specifications for the construction, installation, design, location and arrangement of streets, curbs, streetlights, street signs, alleys, utility layouts, utility easements, gates for utility easements, sidewalks, water supply and water distribution systems, fire hydrants, sewage disposal systems, water wells, monuments, criteria for drainage easement requirements, drainage facilities, and crosswalk ways. He shall file same with the city secretary at least thirty (30) days before they become effective. He may amend the same from time to time, provided that an amendment must be filed with the city secretary at least thirty (30) days before it becomes effective. No such rules, regulations, standards and specifications shall conflict with this or any other ordinances of the City of El Lago, Texas. All subdivision development and improvements shall be constructed, installed, designed, located and arranged by the subdivider in accordance with such rules, regulations, standards and specifications.
Whenever the standards and specifications in this ordinance conflict with those contained in another ordinance, the most stringent or restrictive provision shall govern.
Should any portion or part of this ordinance be held for any reason to be invalid or unenforceable, the same shall not be construed to affect any other valid portion hereof, but all valid portions hereof shall remain in full force and effect.
Any person found violating any provision of this ordinance within the corporate limits of the City of El Lago, Texas, shall be guilty of a misdemeanor and upon conviction shall be fined an amount not to exceed two hundred dollars ($200.00). Each day that such violation continues shall be a separate offense. Prosecution or conviction under this provision shall never be a bar to any other remedy or relief for violation of this ordinance. Enforcement of the provisions of this ordinance in the area of the extraterritorial jurisdiction of the city shall be as provided by statute.
(Ordinance 131, sec. 16, adopted 11/1/76)