A.
DEFINITIONS.
For the purpose of this chapter, the following definitions shall
apply unless the context clearly indicates or requires a different
meaning.
1.
APPLICATION.
A submission for a plan, plat,
or permit under this article that includes all required documents
and has been deemed administratively complete by the city.
2.
DEVELOPMENT.
The new construction or the enlargement
of any exterior dimension of any building, structure, or improvement.
3.
EXTRATERRITORIAL JURISDICTION.
A city’s
extraterritorial jurisdiction as determined under Tex. Loc. Gov’t
Code, Chapter 42.
4.
FILING.
The date on which an administratively
complete application for a plan, plat, or permit is submitted to the
city on a day or date on which it is accepting filing of such plans,
plats, and permits.
5.
LIVING UNIT EQUIVALENT.
The typical flow that
would be produced by a small single-family residence (SFR). A LUE
is assumed to represent three (3) people living in a residence.
6.
MAY.
Deemed permissible.
7.
SHALL.
Deemed as mandatory.
8.
STREET.
A way for vehicular and non-vehicular
traffic, whether designed as a street, highway, thoroughfare, parkway,
throughway, road, avenue, boulevard, lane, place, or other designation.
Streets may be classified as follows:
(a)
Residential
streets.
These are streets that serve individual residential
lots. They carry low traffic volumes at low speeds.
(b)
Minor
collectors.
These are streets generally located within
subdivisions or between subdivisions to collect traffic from residential
streets and to channel this traffic to the major collectors. Residential
lots may front on these streets.
(c)
Major
collectors.
These streets are generally located along
borders of neighborhoods and within commercial areas to collect traffic
from residential areas and to channel this traffic to the arterial
system. These are limited access roads with no residential lots fronting
on them.
(d)
Minor
arterials.
High volume streets that conduct traffic between
communities and activity centers and connect to major state and interstate
highways. These are limited access roads with no residential lots
fronting on them.
(e)
Major
arterials.
High volume streets with six or more lanes.
These are limited access roads with no residential lots fronting on
them.
(f)
Alley.
A minor way which is used primarily for vehicular access to
the back or side of properties otherwise abutting on a street.
(g)
Throat
length.
Distance measured from centerline of intersecting
street to beginning of cul-de-sac bulb.
9.
SUBDIVISION.
The division of any lot, tract,
or parcel of land situated within the corporate limits of the city
or within its extraterritorial jurisdiction, by plat, map, or description
into two or more parts, lots, building lots, sites, or building sites,
for the purpose, whether immediate or future, of sale, rental, lease,
or division of ownership. The dedication and laying out or realignment
of streets, roads, alleys, rights-of-way, highways, parks, easements
or other portions intended for public use with or without platting
is also a SUBDIVISION. This definition excludes the division of and
[land] or lots of land for agricultural purposes in parcels of five
acres or more unless any such division of five acres or more includes
the planning or development of a new street or access easement or
re-alignment of an existing street.
10.
WALK.
A public walkway.
B.
FEE SCHEDULE.
Fees shall be as designated in the Fee Schedule Ordinance approved
by the City Council as part of the current fiscal year’s operating
budget.
C.
EXTRATERRITORIAL
JURISDICTION.
1.
The City
Council finds that to promote the health, safety, morals, or general
welfare of the city and the safe, orderly, and healthful development
of the city, it is necessary to extend to the extraterritorial jurisdiction
of the city the application of the ordinance prescribing rules governing
plats and subdivisions of land.
2.
Pursuant
to Tex. Loc. Gov’t Code, the city hereby extends to its extraterritorial
jurisdiction the application of this chapter which prescribes the
rules governing plats and subdivisions of land.
3.
The fine
or criminal penalty prescribed in Section 6(C) does not apply to a
violation in the extraterritorial jurisdiction.
D.
THOROUGHFARE
PLAN ADOPTED.
1.
The Thoroughfare
Plan Map of the City of Nolanville is hereby adopted and approved
by the City Council as the Transportation Thoroughfare Plan Map.
2.
The Transportation
Thoroughfare Plan is the city’s general plan for guiding thoroughfare
system development, including sidewalks, the planned widening and
extension of its roads, streets, and public highways within the city
and its extraterritorial jurisdiction (ETJ). The plan indicates the
needed rights-of-way, general alignments for planned new roadways,
as well as plans for widening and extensions of existing thoroughfares.
Proposed general alignments are shown for planned new roadways, but
actual alignments may vary depending upon the topography of the land
and changing conditions. The importance of thoroughfare planning is
to decide, in advance, the general location and type of thoroughfares
that are needed to serve the projected future mobility needs of the
city and region, and to require consideration of thoroughfare right-of-way
needs concurrent with new development or redevelopment.
3.
Sidewalks
and other pedestrian pathways such as linear parks along drainage
channels are required to move people safely to and from schools and
commercial areas while providing opportunity for neighborhoods to
be more neighborly and residents to walk, exercise, etc.
4.
The plan
shows approximate alignments and right-of-way requirements for planned
thoroughfares that should be considered in platting of subdivisions,
required right-of-way dedication, and construction of major roadways.
The plan does not show future alignments of residential streets because
the function of these streets is to provide access to adjacent land
development. The alignment of residential streets may vary depending
upon specific development plans. Minor collectors’ alignments
are to be determined based on function approval during the planning
process for new developments.
5.
The original
of the Thoroughfare Plan Map shall be filed in the office of the City
Secretary. It shall be the official map and shall bear the signature
of the Mayor and attestation of the City Secretary. It shall not be
changed in any manner except as the Council may amend this Thoroughfare
Plan from time to time. In case of any question, the Thoroughfare
Plan Map, together with any amending ordinances, shall be controlling.
6.
Additional
copies of the original map shall be placed in the offices of the Public
Works Director. These copies shall be maintained up-to-date by posting
thereon all subsequent amendments and shall be identified as the official
Thoroughfare Plan Map.
E.
DEVELOPER’S
PRESENCE REQUIRED.
The developer or their authorized
representative must be present at all Planning and Zoning Commission
Meetings and City Council Meetings at which their plan or plat is
on the agenda for discussion or action. Failure of the developer or
their authorized representative to appear before the Planning and
Zoning Commission or City Council during a meeting on which the plan
or plat is on the agenda for discussion or action may be deemed a
withdrawal of the plat or plan.
(Ordinance Z20-07 #1 adopted 7/2/20)
A.
DEVELOPMENT
CONCEPT PLAN.
1.
General.
A Development Concept Plan is the developer’s concept
of how he or she intends to develop a site. The purpose of the development
concept plan is to allow the city lead time necessary to assist in
the development process and to plan and coordinate the construction
of necessary infrastructure (depending on the availability of funds
the city may participate in over-sizing of infrastructure if the city
deems it necessary above what is required to serve the planned area
or above ordinance requirements). It is also intended to allow the
developer to comprehensively plan in a coherent method for the development
of the different phases of his or her development.
2.
Requirement.
A Development Concept Plan is required when land is developed
in more than one phase. It provides an opportunity for the developer
to illustrate his or her proposed plans before the expense of extensive
design is incurred. A Development Concept Plan is binding and must
be complied with; however, it may be amended at the request of the
developer. Substantial amendments or changes to an approved Development
Concept Plan must be reviewed by the Planning and Zoning Commission
with final approval by the City Council. Minor amendments may be approved
by the City Manager or designee. Minor amendments are those that:
3.
Form and
Content.
The Development Concept Plan shall be drawn
to a scale of 1 inch equals 200 feet or larger, depicting at a minimum
the following elements as applicable:
(a)
Perimeter
of entire property;
(b)
Perimeter
of all proposed phases;
(c)
Lines
depicting approximate locations of streets with right-of-way widths
and pavement widths;
(d)
Lines
depicting approximate locations of water and sewer lines with sizes.
Required lift stations must be shown;
(e)
Contour
lines and drainage plan;
(f)
Proposed
land uses;
(g)
Proposed
densities and/or lot sizes;
(h)
Proposed
zoning;
(i)
Impacts
on traffic and existing utilities such as sewer demand calculations;
(j)
Easements
necessary to serve adjacent properties;
(k)
Signature
blocks for the Mayor, City Secretary and Planning and Zoning Commission
Chair or the Planning and Development Director, depending on the nature
of the plan.
(l)
Plat
amendment fees apply in accordance with the fee schedule.
4.
Processing.
(a)
Administrative
Review: One (1) paper copy and one (1) digital copy of the Development
Concept Plan shall be submitted to the City Manager or designee. The
Development Concept Plan shall be reviewed by the City Manager or
designee and affected city staff for conformity with the city’s
plans, major thoroughfare plan, utility master plan, zoning, engineering
standards and specifications, city ordinances and other city standards.
(b)
Upon
completion of the administrative review, the owner or authorized representative
shall submit an application and fee to the Planning and Zoning Commission
and City Council for consideration, conveying staff comments and recommendations.
Applications shall only be accepted during the last week of each month
and must have an administrative review prior to submission.
(c)
The
Planning and Zoning Commission shall study the plan and all recommendations.
Particular attention will be given to the arrangement, location and
width of streets and their relation to the topography of the land;
lot sizes and arrangement; water and sewer lines; drainage; the further
development of adjoining lands; and the requirements of city ordinances,
policies and plans.
(d)
The
Planning and Zoning Commission shall act on the plan and may advise
the developer of any specific changes or additions they will require
in the layout or comment on the character and extent of improvements
and dedications that will be required as a prerequisite to the approval
of final plats. The Planning and Zoning Commission shall forward the
plan with their recommendations to the City Council. The City Council
may decide the following actions which will be documented in the meeting
minutes:
i.
Approve.
ii.
Approve
with conditions. Each condition or reason specified in the written
statement must be directly related to the requirements under the subdivision
platting law and include a citation to the law, including a statute
or municipal ordinance, that is the basis for the conditional approval
or disapproval, if applicable. The conditions may not be arbitrary.
iii.
Disapprove with explanation.
(e)
If a
the conditional approval or disapproval with explanation of a plan
or plat was given by City Council, the applicant may submit to the
municipal authority or governing body a written response that satisfies
each condition for the conditional approval or remedies each reason
for disapproval provided, and the municipal authority or governing
body may not establish a deadline for an applicant to submit the response.
Responses to a conditionally approved or disapproved submission require
reconsideration by the City Council within 15 days.
(f)
Once
the plan has been approved by the City Council and/or conditional
approval requirements are met, the final digital copy and two (2)
hard copies shall be submitted to the city. A Development Concept
Plan will expire one year after approval unless:
i.
An extension
is applied for and granted by the City Manager or designee;
ii.
Development
activity as determined by the City Manager or his or her designee
occurs within the one-year period following approval. In no event
may an extension be granted for a period exceeding one year. Should
development activities not take place in any subsequent phases for
three years after the previous phase had been developed or partially
developed, the plan shall be considered expired and void. If the regulations,
requirements or standards change during the three years, the Planning
and Zoning Commission and City Council may grant an extension subject
to the new regulations at the request of the developer. The Building
Official may grant an extension if the regulations[,] requirements
or standards have not changed.
B.
PRELIMINARY
PLAT.
1.
Requirement;
In General.
(a)
The
owner or authorized representative shall submit a Preliminary Plat
Application and fee to the City for consideration. Applications shall
only be accepted during the last week of each month and must be administratively
complete.
(b)
General
subdivision information shall describe or outline the existing conditions
of the site and the proposed development as necessary to supplement
the drawings required in this section. This information may include
data on existing covenants, land characteristics, and available community
facilities and utilities; and information describing the subdivision
proposal such as the number of residential lots, typical lot width
and depth, price range, business areas, playgrounds, park areas, and
other public areas, proposed protective covenants and proposed utilities
and street improvements.
(c)
Location
map shall show the relationship of the proposed subdivision to existing
community facilities which serve or influence it. Include development
name and location, main traffic arteries, public transportation lines,
shopping centers, elementary and high schools, parks, and playgrounds,
principal places of employment, other community features such as railroad
stations, airports, hospitals, and churches, scale, north arrow, and
date.
(d)
Sketch
plan on topography survey shall show in simple sketch form the proposed
layout of streets, lots and other features in relation to existing
conditions. The sketch plan may be a freehand pencil sketch made directly
on a print of the topographic survey. In any event the sketch plan
shall include either the existing topographic data listed in Sections
2(B)(2)-(4), or such of these data as the Planning & Zoning Commission
determines is necessary for its consideration of the proposed sketch
plan.
(e)
A developer
will obtain a statement from utility companies that they are aware
of the subdivision and foresee no difficulties in providing service
to the area. A statement will be forwarded with the preliminary plat.
2.
Form and
Content; Topographic data.
Topographic data required
as a basis for the preliminary layout shall include existing conditions
as follows, except when otherwise specified by the Planning &
Zoning Commission:
(a)
Boundary
lines: bearings and distances.
(b)
Easements:
location, width, and purpose.
(c)
Streets
on and adjacent to the tract: name and right-of-way width and location;
type, width, and elevation of surfacing; any legally established centerline
elevations, walks, curbs, gutters, culverts, and the like.
(d)
Utilities
on and adjacent to the tract: location, size, and invert elevation
of sanitary, storm, and combined sewers; location of gas lines, fire
hydrants, electric and telephone poles, and streetlights; if water
mains and sewers are not on or adjacent to the tract, indicate the
direction and distance to, and size of the nearest ones, showing invert
elevation of sewers.
(e)
Ground
elevations on the tract, based on a datum plane approved by the Planning &
Zoning Commission.
i.
For
land that slopes less than approximately 2% show spot elevations at
all breaks in grade, along all channels and ditches or swales and
at selected points not more than 100 feet apart in all directions.
ii.
For
land that slopes more than 2% show contours with an interval of not
more than five feet.
(f)
Subsurface
conditions on the tract, if required by the Planning & Zoning
Commission: location and results of tests to ascertain subsurface
soil, rock, and groundwater conditions, depth to groundwater unless
test pits are dry at a depth of five feet; location and results of
soil percolation test if individual sewage disposal systems are proposed.
(g)
Other
conditions on the tract if required by the Planning & Zoning Commission:
watercourses, marshes, rock outcrop, wooded area, isolated preservable
trees between street lines eight inches or more in diameter, houses,
barns, shacks, and other significant features.
(h)
Other
conditions on adjacent lands: approximate direction and gradient of
ground slope, including any embankments or retaining walls; character
and location of buildings, railroads, power lines, towers, and other
nearby nonresidential land uses or adverse influence; owners’
names on adjacent unplatted land; for adjacent platted land refer
to subdivision plat by name and date of recording, and show approximate
present build-up, typical lot size, and dwelling type.
(i)
Photographs,
if required by the Planning & Zoning Commission, camera location,
directions of views and key numbers.
(j)
Zoning
on and adjacent to the tract.
(k)
Proposed
public improvements: highways or other major improvements planned
by public authorities for future construction on or near the streets.
(l)
Key
plan showing location of the tract.
(m)
Title
and certificates: present tract designation according to official
records in office of County Clerk; title under which proposed subdivision
is to be recorded, with names and addresses of owners, notation stating
acreage, scale, north arrow, datum, benchmarks, certification of registered
civil engineer or surveyor, date of survey.
(n)
Deed
restrictions.
3.
Form and
Content; Preliminary layout.
Preliminary layout shall
be at a scale of 200 feet to one inch or larger. It shall show all
existing conditions required in division (A), topographic data, and
shall show all proposals including the following:
(a)
Streets.
Street names, right-of-way widths, approximate grades and gradients,
similar data for alleys, if any.
(b)
Other
rights-of-way or easements: location, width, and purpose.
(c)
Location
of utilities, if not shown on other exhibits.
(d)
Lot
lines, lot numbers, and block numbers.
(e)
Sites,
if any, to be reserved or dedicated for parks, playgrounds, or other
public uses.
(f)
Sites,
if any, for multifamily dwellings, shopping centers, churches, industry,
or other non-public uses, exclusive of single-family dwellings.
(g)
Minimum
building setback lines.
(h)
Site
data, including number of residential lots, typical lot size, and
acres in parks, and the like.
(i)
Title,
scale, north arrow, and date.
4.
Form and
Content; Other preliminary plans.
When required by the
Planning & Zoning Commission, the preliminary layout shall be
accompanied by profiles showing existing ground surface and proposed
street grades, including extensions for a reasonable distance beyond
the limits of the proposed subdivision; typical cross-sections of
the proposed grading, roadway and public sidewalk, and preliminary
plan of proposed sanitary and stormwater sewers with grades and sizes
indicated. All elevations shall be based on a datum plane approved
by the Planning & Zoning Commission.
5.
Processing.
Following the review by the City Manager, City Planning &
Zoning Commission, Department Heads and Building Official involved
of the preliminary layout and other material submitted for conformity
thereof to the regulations of this chapter, and negotiations with
the subdivider on changes deemed advisable and the kind and extent
of improvements to be made by the subdivider, the Planning & Zoning
Commission shall, within 30 days, act thereon as submitted or modified,
and if approved, the Planning & Zoning Commission shall make a
recommendation to the City Council. The City Council shall either:
approve; conditionally approve and state the conditions of such approval;
or disapprove and state the reasons for disapproval.
6.
The action
of City Council shall be noted on at least two copies of the preliminary
layout, referenced and attached to any conditions determined. One
copy shall be returned to the subdivider and the other shall be retained
by the City.
7.
Approval
of a preliminary plat shall not constitute approval of the final plat.
Rather it shall be deemed as expression of approval to the layout
submitted on the preliminary plat as guide to the preparation of the
final plat.
C.
CONSTRUCTION
PLANS REVIEW
1.
In General:
Construction Plans conforming to the North Central Texas Council
of Government’s Public Works Standard Specifications and Standard
Drawings, Latest Edition. and this Code must be submitted to the City
Engineer for all existing or proposed streets, sidewalks, drainage,
and utility improvements, and any other infrastructure or public improvements
that are required or proposed to be constructed, reconstructed, improved
or modified to serve the development. Where the Final Plat is for
property being developed in phases, the required Construction Plans
must include the improvements specified in the Preliminary Plat to
serve the phase being platted. The Construction Plans are intended
to provide detailed engineering drawings for all improvements required
to serve the development. The Construction Plans shall be kept as
a permanent record of the City.
2.
Construction
or Financing of Public Improvements
(a)
After
approval of a Preliminary Plat, the subdivider shall notify the City
Engineer as to the construction procedure the subdivider proposes
to follow. One of the following procedures shall be used:
i.
The
subdivider may file Construction Plans, and, upon approval of the
Construction Plans by the City Engineer, proceed with construction
of streets, alleys, sidewalks, and utilities that the subdivider is
required to install.
ii.
The
subdivider may elect to file a “financial guarantee of performance”
or “post fiscal”, in which case the guarantee of performance
shall be filed with the City, and the subdivider shall be required
to post fiscal surety in the amount of 125% of all public improvements
prior to Final Plat recordation, a plat may be recorded without acceptance
of the required public improvements through the posting of fiscal
surety. Fiscal surety shall be provided in an amount of at least 125%
of the cost of the required public improvements, as estimated by a
licensed engineer and approved by the City Engineer. The City Engineer
has the discretion to, but is not obligated, to reduce the percentage
of the fiscal surety instrument based on the amount of construction
completed. The financial instrument shall state the name of the development
or subdivision and shall list the required improvements and estimate
costs thereof. A plat shall not be recorded until financial security
is delivered to the city in a form provided by the City and approved
as to form by the City Attorney. No release of any security shall
occur until the City has formally accepted the improvements that are
the subject of the security.
(b)
Upon
completion of construction the subdivider shall deliver to the City
a two-year maintenance bond.
i.
Maintenance
Bond.
Before the release of any surety instrument guaranteeing
the construction of required subdivision improvements or the signing
of the final plat where subdivision improvements were made prior to
the filing of the final plat for recordation the subdivider shall
furnish the city with a maintenance bond, or other surety instrument
such as a letter of credit or escrow account. The purpose of the maintenance
bond/surety instruments to assure the quality of materials and workmanship
and maintenance of all required improvements including the city’s
costs for collecting the guaranteed funds and administering the correction
and/or replacement of covered improvements in the event the subdivider
defaults. The maintenance bond or other surety instrument shall be
satisfactory to the City Attorney as to form, sufficiency, and manner
of execution. All public works improvements including streets, said
bond or other instrument shall be in an amount equal to 40% of the
cost of improvements verified by the City Engineer and shall run for
a period of two calendar years. Effective time frame for bonds or
other instruments will be measured from the date of release of the
performance surety instrument or signing and recording of the final
plat whichever is later. In an instance where a maintenance bond or
other surety instrument has been posted and a defect or failure of
any required improvement occurs within the period of coverage, the
city may declare said bond or surety instrument to be in default and
require that the improvements be repaired or replaced.
ii.
Whenever
a defect or failure of any required improvement occurs within the
period of coverage, the city shall require that a new maintenance
bond or surety instrument be posted for a period of one full calendar
year, except streets which will be for two calendar years. The amount
of the bond or instrument will be equal to the amount required to
correct the fault or failure. Effective time frame for the new maintenance
bond or other instrument shall begin on the date the city inspects
and approves the required correction.
(c)
A conditional
construction permit for a model home may be issued once the streets
to the subdivision have been constructed to sub-grade and water service
and a fire hydrant are located within 500 feet of the lot on which
the model home is located. The Building Official shall note on the
permit that the property owner accepts all responsibility for commencing
construction prior to completion of the public improvements and City
acceptance of the subdivision. The Certificate of Occupancy for the
model home will not be issued until the subdivision and all public
improvements have been accepted by the City, a Final Plat has been
filed with the County and all utilities are connected to the home.
(d)
The
Construction Documents, when duly signed and approved by the City
Engineer, are authority to proceed with the construction of streets
and utilities.
(e)
Responsibility
of Subdivider’s Engineer.
i.
The
professional engineer representing the subdivider is responsible for
the accuracy, completeness, and conformance to the City’s Construction
Specifications, as well as the design specifications adopted and enforced
by all utility providers who serve the tracts within the subdivision,
this code, and all applicable City and County standards. The city
and its representatives have no project design or engineering responsibility.
3.
Form and
Content
(a)
The
purpose of the City Engineer’s review is to ensure conformance
to city policies and standards. However, the City Engineer’s
review is limited to the facts as presented on submitted plans.
i.
The
City Engineer shall approve Construction Plans that are submitted
and sufficiently show compliance with any City-Approved or adopted
design or construction criteria, or in the absence of City-approved
or adopted design requirements, standard engineering practices.
ii.
All
Construction Plans are subject to the approval of other entities that
are separate from the City, including water utility districts for
water and wastewater, emergency services districts, and Bell County.
The City reserves the right not to accept Construction Plans until
they have been approved by all other entities who are required for
approval before construction can begin.
iii.
The City reserves the right to require corrections to actual conditions
in the field that are found to be contrary to or omitted from submitted
plans.
iv.
The
City Engineer shall not approve Construction Plans that do not adequately
represent construction of the approved infrastructure and public improvements
included in the approved Preliminary Plat.
(b)
For
the purpose of this Chapter, a complete set of Construction Plans
shall include the following plans or sheets (generally in this order)
as well as any additional plans or sheets deemed necessary and requested
by the City Engineer.
i.
Cover
or title sheet (with list of all plans)
ii.
Preliminary
Plat
iii.
Existing conditions plan (unless these items are shown on the Preliminary
Plat itself, which shows existing topography, vegetation, tree inventory
of those trees with a diameter of eight inches (8") or greater (when
measured four feet (4') above the natural grade) located within twenty
feet (20') of intended rights-of-way (streets and utilities), existing
natural and man-made physical features, etc.
iv.
Existing
tree and vegetation protection plan
v.
Grading,
erosion control, and water quality control plans (including a SWPPP)
vi.
Demolition
plan
vii.
Striping and Signage Plan
viii.
Construction Details
ix.
Paving
and storm drainage plan
x.
Utility
plans for water, sanitary sewer, etc.
xi.
Traffic-control
plans (if necessary)
xii.
Screening and retaining wall plans
xiii.
Landscaping and irrigation plans
4.
Processing/Required
Materials for Submission
(a)
A complete
application form that bears the original notarized signature(s) of
the property owner(s) of the subject property; and
(b)
the
prescribed submission fee in accordance with the City’s Adopted
Fee Schedule; and
(c)
one
copy of any applicable development agreement pertaining to the subject
property (if any); and
(d)
Digital
copies of all submittal items; and
(e)
a certificate
or other satisfactory evidence from the Bell County Central Appraisal
District showing that all taxes have been paid on the subject property,
and that no delinquent taxes exist against the property. Documentation
shall also be included that shows no delinquent assessments, fees,
or other debts or obligations to the City and which are directly attributable
to the subject property. One copy of the tax status certificate shall
be submitted to the City in order for the application to be deemed
complete; and
(f)
drainage
study; and
(g)
Record
of approved variance needed for the project;
(h)
Any
waivers needed for the project;
(i)
Any
approved permits that are applicable to the plat application (i.e.
driveway permit, TCEQ permit, utility provider permit, etc.);
(j)
All
documents in the correct form herein; and
(k)
any
other reasonable and applicable information and materials deemed appropriate
by the City Engineer or City Manager.
(l)
Traffic
Impact Analysis for any proposed development that consists of a minimum
of two-hundred (200) dwelling units (residential) or generates traffic
in excess of two-thousand (2,000) one-way trips per day (non-residential)
based upon the latest edition of the Institute of Transportation Engineers
(ITE) Trip Generation Manual to demonstrate adequacy of the adjacent
roadway systems.
(m)
An engineer’s
summary report electronically and on paper that describes, in as much
detail as necessary, the following:
i.
the
overall nature and scope of the proposed development, including zoning
(if applicable); and
ii.
the
proposed use(s) and acreage of each proposed use (if applicable);
and
iii.
minimum lot or Unit sizes, widths and depths, number of lots or Units
to be created; and
iv.
special
amenities or facilities that will be included in the development;
and
v.
how
the property will be served with required utilities and services reflective
of all letters of service availability; and
vi.
how
stormwater drainage will be handled; and [sic]
D.
FINAL PLAT
1.
CONTENTS
OF FINAL PLAT.
(a)
The
final plat shall be drawn in ink on tracing cloth or on permanent
plastic sheets 17 inches wide by 28 inches long and shall be at a
scale of 100 feet to one inch. Where necessary, the plat may be on
several sheets accompanied by an index sheet showing the entire subdivision.
For large subdivisions, the final plat may be submitted for approval
progressively in contiguous sections satisfactorily to the Planning &
Zoning Commission.
(b)
The
final plat shall show the following:
i.
Primary
control points, approved by the City Engineer, or descriptions and
ties to such control points, to which all dimensions, angles, bearings,
and similar data on the plat shall be referred.
ii.
Tract
boundary lines, right-of-way lines of streets, easements, and other
rights-of-way and property lines of residential lots and other sites;
with accurate dimensions, bearings, or deflection angles, and radii,
arcs, and central angles of all curves.
iii.
Name and right-of-way width of each street or other right-of-way.
iv.
Location
to identify each lot or site.
v.
Location,
dimensions, and purpose of any easements.
vi.
Purpose
for which sites, other than residential lots, are dedicated or reserved.
vii.
Minimum building setback lines on all lots and other sites.
viii.
Location and description of monuments.
ix.
Names
or record owners and deed volume and page of adjoining unplatted land
(including those across adjacent roads).
x.
Reference
to recorded subdivision plats of adjoining platted land by record
name, date, and plat book and page.
xi.
Certification
by surveyor or engineer certifying to account of survey and plat.
xii.
Notarized statement by owner adopting plat and dedicating streets,
rights-of-way and any sites for public uses.
xiii.
Title, scale, north arrow, and date.
2.
PROFILES
OF STREETS REQUIRED.
Cross-sections and profiles of streets
showing grades approved by the City Engineer shall be required. The
profiles shall be drawn to standard scales and elevations and shall
be based on a datum plane approved by the City Engineer.
3.
CERTIFICATE
OF COMPLIANCE REQUIRED.
(a)
A certificate
by the Public Works Official certifying that the subdivider has complied
with one of the following alternatives shall be required:
i.
All
improvements have been installed in accord with the requirements of
these regulations and either the action of the Planning & Zoning
Commission giving conditional approval of the preliminary layout;
or
ii.
A
bond or letter of credit has been posted, which is delivered to the
city, and in sufficient amount to assure such completion of all required
improvements.
(b)
Protective
covenants in form for recording.
4.
OTHER DATA
REQUIRED.
Such other certificates, affidavits, endorsements,
or agreements may be required by the Planning & Zoning Commission
in the enforcement of these regulations.
5.
FILING FEE.
The final plat shall be accompanied by a filing fee in an amount
stipulated in the fee schedule approved as part of the current fiscal
year’s operating budget.
6.
ISSUANCE
OF PERMITS.
No building permit, or any water, sewer,
plumbing, or electrical permit shall be issued by the city to the
owner or other person, with respect to any property in said subdivision
or resubdivision covered by this chapter, until:
(a)
Such
time as the developer and/or owner has fully completed and paid for
the improvements required to be made by the terms of this chapter,
including the installation of streets with proper paving, curb and
gutter, drainage structures, storm sewers, alleys, and installation
of water and sanitary sewer mains, all according to the specifications
of the city; or
(b)
Until
an escrow deposit sufficient to pay the cost of such improvements
as determined by the Building Official 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 private contractor and pay for same out of
escrow deposit.
7.
PROCESSING
(a)
Applications
for Final Plat are accepted during the last week of each month. Construction
Plans must receive approval from the City Manager and the respective
Water District prior to submission of application for final plat.
Any person desiring approval of a final plat shall submit the application,
fee, and one (1) digital copy and four (4) paper copies of the final
plat, together with all other exhibits required for approval. The
final plat and all required exhibits shall be filed with the Planning &
Zoning Commission not later than 180 days after the day the preliminary
plat was approved. Failure to apply for final plat approval within
180 days after the day the preliminary plat was approved shall render
such preliminary plat approval void.
(b)
The
Final Plat and all required exhibits shall be prepared to comply with
the requirements of Sections 2(D)(1) hereof, and shall conform substantially
to the preliminary plat as approved. However, if desired, the applicant
may seek final plat approval of only that portion of the approved
preliminary plat in accordance with the approved phasing plan approved
by the preliminary plat, which he proposes to record and develop at
that time.
(c)
Final
plat approval shall not be issued until the plat has been approved
by both the Planning & Zoning Commission and the City Council.
i.
The
Planning & Zoning Commission shall act on an application for approval
of a final plat within 30 days after the date the plat is filed. A
plat is considered approved by the Planning & Zoning Commission
unless it is disapproved within that period.
ii.
If
a Final Plat is approved by the Planning & Zoning Commission,
the City Council shall act on the application within 30 days of the
date the plat is approved by the Planning & Zoning Commission,
or is deemed approved by Planning & Zoning Commission’s
failure to act. A plat is considered approved by the City Council
unless it is disapproved within that period.
(d)
The
final plat shall be approved if:
i.
The
plat conforms to the general plan of the city and its current and
future streets, parks, playgrounds and public utility facilities.
ii.
The
plat conforms to the general plan for the extension of the city and
its roads, streets, and public highways within the city and in its
extraterritorial jurisdiction, taking into account access to and extension
of sewer and water mains and the instrumentalities of public utilities.
iii.
If applicable, the applicant has complied with Tex. Loc. Gov’t
Code 212.0105 and 212.0106 as then amended.
iv.
The
plat conforms to all city rules governing plats and subdivisions of
land.
(e)
If a
final plat is approved by both the Planning & Zoning Commission
and the City Council, the City Council shall endorse the plat with
a certificate indicating such approval. The certificate must be signed
by the City Council’s presiding officer and attested by the
City Secretary, or a majority of the members of the City Council.
If the final plat approval is deemed by virtue of the City Council’s
failure to act within the prescribed period, the City Council shall,
upon request, promptly issue a certificate stating the date the plat
was approved or deemed approved by the Planning & Zoning Commission,
and that the City Council failed to act on the plat within the 30-day
period.
E.
ADMINISTRATIVE
APPROVAL OF PLATS.
1.
Notwithstanding
Section 2(D)(8) [sic] of this Ordinance, the Building Official shall
have the authority to approve:
2.
Any person
seeking approval of a minor plat or an amending plat by the Building
Official shall comply with the requirements of Section 2(D)(1) of
this Ordinance.
3.
The Building
Official may, for any reason, require a person desiring approval of
an amending plat or minor plat to comply with the procedure set forth
in Section 2(D)(8) [sic] of this code.
(Ordinance Z20-07 #1 adopted 7/2/20)
A.
STREETS &
SIDEWALKS.
1.
The arrangement,
character, extent, width, grade, and location of all streets shall
conform to the Thoroughfare Plan and shall be considered in their
relation to existing and planned streets, to topographical conditions,
to public convenience and safety, and in their appropriate relation
to the proposed uses of the land to be served by such streets.
2.
When a street
is not shown on the Thoroughfare Plan, the arrangement of the streets
shall:
(a)
Provide
for the continuation or appropriate protection of existing streets
in surrounding areas; or conform to a plan for the neighborhood approved
or adopted by the city to meet a particular situation where topographical
or other conditions make continuance or conformity to existing streets
impracticable.
(b)
Provide
for future access to adjacent vacant or undeveloped areas which will
likely develop in the future.
(c)
Street
connections are required to all existing and approved but not-yet-built
streets that are stubbed to the edge of the subdivision.
(d)
Resolve
alignment with existing right-of-way and driveway openings.
3.
Where a subdivision
abuts or contains an existing or proposed major street, the Planning &
Zoning Commission may require marginal access streets, reverse frontage
with screen planting contained in non-access reservation along the
rear property line, deep lots with rear service alleys, or such other
treatment as may be necessary for adequate protection of residential
properties and to afford separation of through and local traffic.
4.
Where a subdivision
borders on or contains a railroad right-of-way or limited access highway
right-of-way, the Planning & Zoning Commission may require a street
approximately parallel to and on each side of such right-of-way, at
a distance suitable for the appropriate use of the intervening land,
as for park purposes in residential districts, or for commercial or
industrial purposes in appropriate districts. Such distances shall
also be determined with due regard for the requirements of approach
grades and future grade separations.
5.
Reserve strips
controlling access to streets shall be prohibited except where their
control is definitely placed in the city, under conditions approved
by the Planning & Zoning Commission.
6.
Street jogs
with centerline offsets of less than 125 feet shall be avoided.
7.
A tangent
at least 100 feet long shall be introduced between reverse curves
on arterial and collector streets.
8.
When connecting
horizontal street lines deflect from each other at any one point by
more than 10 degrees, they shall be connected by a curve with a radius
adequate to ensure a non-passing sight distance of not less than 100
feet for minor and collector streets, and of such greater radii as
Planning & Zoning Commission shall determine for special cases.
9.
Streets shall
be laid out so as to intersect as nearly as possible as right angles
and no street shall intersect any other street at less than 60 degrees.
10.
Property
lines at street and alley intersections shall be rounded with a radius
of 20 feet, or of a greater radius where the Planning & Zoning
Commission may permit comparable cutoffs or chords in place of rounded
corners, particularly in commercial and industrial areas.
11.
All streets
within the city shall be constructed as shown on the Thoroughfare
Plan and, where not otherwise shown thereon, shall be designed as
follows (paving width shall mean back-of-curb to back-of-curb):
(a)
Residential
Street.
Right-of-way width of 50 feet (60 feet is required
when conditions are met to exempt curb and gutter). Paving width of
31 feet. Sidewalks are required on both sides of the street within
the affected subdivision or lots. Builder/owner shall construct sidewalks
in the Right-of-way adjacent to the lots, whether on the front, side
or rear of the lots, before a certificate of occupancy is issued.
(b)
Minor
Collector.
Right-of-way width of 60 feet. Paving width
of 36 feet. Sidewalks are required on both sides of the street within
the affected subdivision or lots. Builder/owner shall construct sidewalks
in the Right-of-way adjacent to the lots, whether on the front, side
or rear of the lots, before a certificate of occupancy is issued.
(c)
Major
Collector.
Right-of-way width of 80 feet. Paving width
of 48 feet (60 feet minimum if within 100 feet of an intersection
with an arterial street). Sidewalks are required on both sides of
the street within the affected subdivision or lots. Builder/owner
shall construct sidewalks in the Right-of-way adjacent to the lots,
whether on the front, side or rear of the lots, before a certificate
of occupancy is issued.
(d)
Minor
Arterial.
Right-of-way width of 100 feet. Paving width
of 64 feet (88 feet minimum if within 200 feet of an intersection
with another arterial street). Sidewalks are required on both sides
of the street within the affected subdivision or lots. Builder/owner
shall construct sidewalks in the Right-of-way adjacent to the lots,
whether on the front, side or rear of the lots, before a certificate
of occupancy is issued.
(e)
Major
Arterial.
Right-of-way width 120 feet (132 feet minimum
if within 250 feet of an intersection with another arterial street).
Paving width of 88 feet (112 feet minimum if within 250 feet of an
intersection with another arterial street). Sidewalks are required
on both sides of the street within the affected subdivision or lots.
Builder/owner shall construct sidewalks in the Right-of-way adjacent
to the lots, whether on the front, side or rear of the lots, before
a certificate of occupancy is issued.
(f)
Limited
access freeway.
Right-of-way and paving width to be determined
by the Texas Department of Transportation.
(g)
All
street wearing surfaces shall consist of concrete or hot-mixed asphaltic
concrete (HMAC) laid over a base course of crushed stone which has
been designed, installed and compacted in accordance with city standards
and requirements.
(h)
All
curb and gutter, integral curbs, valley gutters, driveway approaches,
drainage structures, and the like shall be constructed of Class C
(3,000 PSI) Portland Cement Concrete per city standards.
(i)
Pavement section design shall be designed by a professional engineer and shall be based upon a geotechnical analysis performed by a qualified geotechnical professional. All construction shall meet or exceed the minimum requirements of Appendix A, Tables I through IV and the following North Central Texas Council of Governments Public Works Standard Specifications and Standard Drawings, Latest Edition.
12.
Half streets
shall be prohibited.
13.
Dead-end
streets, designed to be so permanently, shall be no longer than 600
feet (throat length) and shall be provided at the closed end with
a turn-around having an outside roadway diameter of at least 80 feet,
and a street property line diameter of at least 100 feet.
14.
No street
names shall be used which will duplicate or be confused with the names
of existing streets. Street names shall be subject to the approval
of the Planning & Zoning Commission.
15.
Street
grades, wherever feasible, shall not exceed the following, with due
allowance for reasonable vertical curves:
|
STREET TYPE
|
PERCENT GRADE
|
|---|---|
|
Residential streets
|
10
|
|
Minor collectors
|
7
|
|
Major collectors
|
5
|
|
Arterials
|
5
|
16.
No street
grade shall be less than 0.5%.
17.
Center
grade changes with an algebraic difference of 2% or more shall be
connected with vertical curves with a minimum of 100 feet in length,
where street lengths permit. AASHTO design guidelines shall be used
to determine proper vertical curve length based on design speed.
B.
ALLEYS.
1.
Alleys shall
be provided in commercial and industrial districts, except that the
Planning & Zoning Commission may waive this requirement where
other definite and assured provision is made for service access, such
as off-street loading, unloading, and parking consistent with and
adequate for the uses proposed.
2.
The width
of an alley shall not be less than 20 feet.
3.
Alley intersections
and sharp changes in alignment shall be avoided, but where necessary,
corners shall be cut off sufficiently to permit safe vehicular movement.
4.
Dead-end
alleys shall be avoided where possible, but if unavoidable, shall
be provided with adequate turn-around facilities at the dead-end,
as determined by the Planning & Zoning Commission.
C.
EASEMENTS.
1.
Easements
across lots or centered on rear or side lot lines shall be provided
for utilities where necessary and shall be at least ten feet wide.
Drainage, utility and access easements of adequate size, as determined
by the Public Works Director or other designated staff, are required
to provide for development of adjacent land.
2.
Where a subdivision
is traversed by a watercourse, drainageway, channel, or stream, there
shall be provided adequate stormwater easements or drainage rights-of-way
for the maximum storms expected to occur in 25 years, conforming substantially
with the lines of such watercourse, and such further width or construction,
or both, as will be adequate for the purpose. Parallel streets or
parkways may be required in connection therewith.
3.
Pedestrian
access easements shall be provided to ensure pedestrian connectivity
for the subdivision. Such easements can be combined with utility and
drainage easements.
D.
BLOCKS.
1.
The lengths,
widths, and shapes of blocks shall be determined with due regard to:
2.
Block lengths
shall not exceed 1,000 feet, or be less than 400 feet.
3.
Pedestrian
connections.
(a)
Pedestrian
crosswalks, not less than ten feet wide, shall be required where deemed
essential to provide circulation or access to schools, playgrounds,
shopping centers, transportation, or community facilities.
(b)
Pedestrian
connection is required for any cul-de-sac that is longer than 400
feet to provide a 4-foot sidewalk (minimum) at the end of the street
connecting to another street.
(c)
Pedestrian
access to the City-Wide Trail System is required every 660 feet along
portion of the perimeter that borders the proposed trail system (as
it is proposed in the Thoroughfare Plan).
E.
LOTS.
1.
Lot dimensions
shall conform to the requirements of the Zoning Ordinance and:
(a)
Residential
lots where not served by public sewer shall conform to the size that
has been established by the Bell County Health Department.
(b)
Depth
and width of properties reserved or laid out for commercial and industrial
purposes shall be adequate to provide for the off-street service and
parking facilities required by the type of use and development contemplated.
2.
Corner lots
for residential use shall have 15 feet extra width to permit appropriate
building setback from and orientation to both streets.
3.
The subdividing
of the land shall be such as to provide by means of a platted street,
each lot with satisfactory access to an existing public street. This
access shall be frontage upon a dedicated public roadway for at least
60 feet of its width. This width shall be determined by a linear measurement
from one side property line to the other at the front building line.
If the front building line forms an arc, the linear measurement shall
be considered a tangent of that arc.
4.
Double frontage,
and reversed frontage lots, should be avoided except where essential
to provide separation of residential development from traffic arteries
or to overcome specific disadvantages of topography and orientation.
A planting screen easement of at least 10 feet and across which there
shall be no right of access shall be provided along the line of lots
abutting such a traffic artery or other disadvantageous use.
5.
Side lot
lines shall be substantially at right angles or radial to street lines.
6.
A survey
must be provided for transfer of ownership of property and filed with
the city clerk.
F.
STREET LIGHTING.
1.
Within the
city limits.
(a)
Adequate
street lighting for pedestrian and traffic safety shall be installed
in all subdivisions established within the city limits, as well as
those subdivisions in the extraterritorial jurisdiction (ETJ) requesting
voluntary annexation after the effective date of this section. Streetlights
shall generally be limited to intersections, curves, dead-ends, cul-de-sacs
and streets where pole spacing exceeds 300 feet. Installation procedures
and acceptable designs and specifications shall be established by
the electric utility company serving energy to the lights. The use
of special non-standard poles or fixtures from sources other than
the said electric utility is prohibited and shall not be accepted
for dedication.
(b)
The
subdivision developer shall be responsible for the cost of street
lighting materials and installation, including the cost of service
lines to supply electricity to the streetlights and all engineering
costs. Once satisfactorily installed, approved and accepted, the ownership
and maintenance of the streetlights shall be dedicated to the electric
utility serving the area. Electric energy to power the streetlights
shall be provided by the electric utility providing service to the
area. The city will pay the energy costs of streetlights meeting the
requirements of this section and located in the city limits.
2.
Within the
extraterritorial jurisdiction (ETJ).
Except as provided
in Section 3(F)(1) above, construction of street lighting shall not
be required for subdivisions located in the ETJ. However, a street
lighting plan shall be developed for subdivisions located in the ETJ
in the same manner as if the subdivision were located within the city
limits. Any utility easements required to allow construction of the
street lighting shown on the plan shall be dedicated on the subdivision
plat so that the city may install the street lighting if the subdivision
is subsequently involuntarily annexed.
G.
LANDSCAPING.
1.
The owner
of a lot or building shall place and maintain landscaping in compliance
with this section. The minimum required amount of landscaping shall
be determined as follows (for R-1, R-2 and R-3, see corresponding
sections):
(a)
Number
of trees.
The number of trees shall be calculated by
dividing the lot frontage (i.e., the length in feet of lot lines abutting
public rights-of-way) by 25. The resulting quotient shall be the total
number of trees required. The length of the lot lines for irregular
lots shall be the average width or length of the lot. A reduction
in the required trees would apply to lots with more than one lot line
abutting public right-of-way: two lot lines would be divided by 30;
three lot lines would be divided by 34; four lot lines would be divided
by 40. It is discouraged to plant such trees as cottonwood, willows,
and shallow root trees because of their destructive nature.
i.
A minimum
of one-half of the total number of trees required shall be canopy
trees, and the remainder may be either canopy or non-canopy trees.
CANOPY TREES shall mean those species whose mature crown height is
20 feet or more. NON-CANOPY TREES shall mean those species whose mature
crown height is less than 20 feet.
ii.
Trees
planted adjacent to residential property to act as a buffer shall
count as 1.25 trees each. No more than 50% of the total number of
trees required may be planted adjacent to residential property.
(b)
Number
of shrubs.
The number of shrubs shall be calculated by
dividing the lot frontage by five. The resulting quotient shall be
the number of shrubs required.
i.
Each
five square feet of planting beds used and maintained for the purpose
of rotating live decorative planting materials shall count as one
shrub.
ii.
Each
canopy tree maintained in excess of the total number of trees required
by this section shall reduce the number of shrubs required by five.
Each non-canopy tree maintained in excess of the total number of trees
required by this section shall reduce the number of shrubs required
by three.
(c)
Other
groundcover.
Complete coverage by grass, live groundcover,
or non-vegetative groundcover approved by the city is required in
those areas not covered by trees, shrubs, pavement or other improvements.
i.
When
applied to an expansion of an existing use, the requirements of this
section shall be calculated for the expansion only.
ii.
Where
development occurs in phases on parts of lots or tracts, lot frontages
may be considered to be the width of the impervious surfaces plus
required setbacks.
iii.
Existing landscaping that otherwise complies with this section may
be used to satisfy the minimum requirements of this division.
iv.
Landscaping
placed in the public right-of-way may count towards the minimum requirements
of this division only with the approval of the city and, in the case
of right-of-way controlled by the state, the approval of the Texas
Department of Transportation.
2.
Approved
landscaping and materials.
(a)
Trees.
Trees shall be six feet or more in height and measure a minimum
of two inches in caliper (diameter) when measured 12 inches from the
base of the trunk or top of the ball.
(b)
Shrubs
and planting beds.
Shrubs shall be not less than three
gallons in size.
(c)
Grasses
and live groundcovers.
Where live plant materials are
used, 100% groundcover is required, whether by solid sod overlay,
pre-planting and successful takeover of grasses, or planting of live
groundcover.
(d)
Approved
non-vegetative groundcovers include washed gravel, bark mulches, lava
rock, sand, rock, or other decorative covers generally used in landscaping.
Where approved non-vegetative groundcovers are used, they shall form
a uniform appearance free from weeds and grasses.
(e)
Artificial
plant materials may not be used to meet the requirements of this section.
(f)
Among
the permitted landscaping materials, the use of native vegetative
species that conserve water and require less maintenance requirements
is suggested.
3.
Placement
and maintenance.
(a)
Landscaping
shall be on private property except as otherwise provided in this
section, and not less than 50% of the required tree and shrub landscaping
must front on public roadways.
i.
If there
is insufficient land available for landscaping upon a redevelopment,
expansion or change in existing use (such as when all land area is
paved), then the landscaping required by this section may be planted
in the right-of-way upon approval of the Building Official and/or
the Texas Department of Transportation. If such approval cannot be
obtained, then the requirements of this section may be reduced or
waived accordingly by the City Manager or designee.
ii.
Landscaping
placed in the public right-of-way shall not create a safety hazard,
and maintenance thereof is the responsibility of the developer and
adjacent property owner.
(b)
All
landscaping shall comply with the sight distance requirements as defined.
(c)
All
required landscaping other than non-vegetative groundcover shall be
irrigated by either an underground sprinkler system, or hose attachment
within 150 feet of all landscaping.
(d)
All
required vegetative landscaping shall be maintained in good health.
Dead, damaged or diseased landscaping must be promptly replaced, and
in any event within the time required by the Building Official. Replacement
landscaping must be of substantially the same type.
(e)
It shall
be an offense for a person to park a vehicle on a landscaped area.
It shall be an affirmative defense to prosecution under this division
that at the time of the alleged offense the vehicle was parked or
left standing due to a mechanical defect which made it unsafe to move,
provided that the person having ownership or control of the vehicle
obtained consent from the property owner to park the vehicle in that
location, and as soon as reasonably possible completed emergency repairs
or summoned tow removal equipment, as appropriate.
(Ordinance Z20-07 #1 adopted 7/2/20)
A.
DEVELOPMENT
COSTS.
1.
The subdivider
will be required to install, at his or her own expense, all water
lines, streets, street signs, sewer lines, storm sewer lines, drainage
facilities and structures within the subdivision, in accordance with
the City’s standards governing the same, including all engineering
costs covering design, layout, and construction. When a street pavement
of a greater width than 48 feet, back of curb to back of curb, is
required by the city, the city shall pay the cost of paving the additional
width and associated costs. There will be no participation by the
city in the cost of any of the underground utility lines or drainage
facilities, within the subdivision, except in the event of the requirement
for oversize mains to serve land areas and improvements beyond the
subdivision in question or to serve other subdivisions. Each installation
of this character and the terms and extent of city participation will
be considered individually, upon the merits of each facility and the
condition involved and shall be in accordance with policies set forth
by the City Council.
(a)
All
utility mains will be sized to meet the acceptable services/pressures
defined in Section 4(C). The city will not participate in water mains
over eight inches in diameter and sewer mains over 10 inches in diameter
unless these mains are required by the city for future expansion and
which are not required to serve the development in question with acceptable
services/pressures required defined in Section 4(C).
(b)
All
street signs shall meet the City’s standard specifications and
sign patterns and all the requirements of the Texas Manual on Uniform
Traffic Control Devices (TMUTCD), latest extant edition, including,
without limitation, material, location and installation. Street signs
are subject to inspection and acceptance by the city prior to the
issuance of a certificate of occupancy.
(c)
Any
subdivision of more than 50 Living Unit Equivalents shall provide
a minimum of two (2) egresses for plats. Additional egresses will
be required if consistent with the adopted Thoroughfare Plan and/or
necessary to protect safety.
2.
Sidewalks
shall be four feet wide, properly connecting with existing sidewalks,
and constructed according to city standards. Sidewalks must be constructed
and accepted by the city prior to the issuance of a certificate of
occupancy. Owners of lots that remain undeveloped must construct sidewalks
within five years after the date of approval of the final plat.
3.
Inadequate
or substandard existing streets shall be upgraded to city standards
by the developer, including dedication of additional right-of-way
if necessary. If development is on one side of such a street, the
developer shall dedicate additional right-of-way if necessary, upgrade
the street pavement, and associated infrastructure on the side that
is being platted.
4.
Where street
over-sizing in excess of 48 feet in width is required for compliance
with the Thoroughfare Plan, the city shall reimburse the actual and
reasonable cost directly attributable to such over-sizing (including
the cost of additional pavement, additional subgrade and additional
cross-drainage costs) as herein provided.
(a)
In order
to initiate a reimbursement request, the owner must establish a per
linear foot oversize cost for the reimbursable public improvements.
Requests for the reimbursement to the owner shall include owner’s
name and mailing address. The requests must include as-built drawings
showing the reimbursable items with quantities and unit costs, and
other supporting or explanatory documentation.
(b)
Upon
acceptance of the infrastructure by the city, refunds for approved
over-sizing shall be scheduled as of the next year’s capital
improvements program, unless funds are available earlier. If payment
is not made within 60 days after acceptance by the city, interest
will accrue at the prime rate plus 1% compounded daily.
5.
Mail Distribution
Units will be installed in accordance with USPS National Delivery
Planning Guide for Builders & Developers Date published 12/21/2017,
as may be amended, and in place prior to the issuance of building
permits and will not be located on dedicated parkland, within any
easement, or public right-of-way.
6.
The City
Council may modify the requirements of this section and may elect
to participate in the cost of such developments if it finds that the
circumstances taken as a whole would make it inappropriate to require
the subdivider to comply with this section, or any portion thereof,
and such modification or participation would accomplish a legitimate
public purpose which would benefit the city. Each request by a subdivider
pursuant to this section shall be considered separately in accordance
with such criteria as may be defined by the City Council, and the
approval of any such request shall be accompanied by such conditions
as may be necessary to ensure that a legitimate public purpose beneficial
to the city is accomplished. Nothing in this section is intended to
authorize the use of public funds or credit for a private purpose.
B.
MONUMENTS.
1.
Monuments
shall be placed at all corners of boundary lines of subdivisions,
block corners, angle points, points of curves in streets and at intermediate
points as required by the Planning & Zoning Commission as indicated
below.
(a)
Concrete
monuments six inches in diameter by 18 inches long shall be placed
at all exterior corners of boundary lines of a subdivision and in
any case not more than 1,300 feet apart. The exact intersection point
on the monument shall be marked by an iron rod 1/4 inch in diameter
with the top of the monument placed flush with the natural ground
unless otherwise directed. Previously positioned iron rods used as
corner markers will not be disturbed to meet this requirement.
(b)
Intermediate
block corners, curve points, angle points, and lot corners shall be
marked by iron rod monuments, 18 inches long and not less than 1/2
inch in outside diameter, driven flush with the ground or counter-sunk
if necessary in order to avoid being disturbed.
2.
All monuments
shall be in place at the time final plat is certified and sealed by
the surveyor or engineer and prior to acceptance of utilities and
streets.
3.
Benchmarks
will be placed and described within the subdivision at the rate of
one per 10 acres of developed area, but in no case will there be less
than one per subdivision. Datum shall conform to that used by the
Federal Emergency Management Agency. These elevations shall be clearly
shown on the plat and readily identifiable on the ground.
4.
The description
and location of permanent survey reference monuments and benchmark
monuments will be clearly shown on all plats.
C.
UNDERGROUND
UTILITY CONDUITS.
1.
General.
Underground conduits shall be of sufficient size, as determined
by generally accepted and good engineering principles, to accommodate
and/or deliver current and anticipated future loads and/or flows and
pressures, as the case may be, but in no case less than that specified
below for each particular application.
2.
Water mains.
In no case shall any water main be less than 6 inches in residential
areas and eight inches in nonresidential areas. Water mains shall
be sized as shown on the master water plan; in the absence of such
a plan, or when the plan does not indicate requirements for a water
main in the same location as the proposed water main, the water main
shall be designed and sized to deliver the following pressures/flows:
(a)
At each
building service: The minimum pressure set forth by the Texas Water
Commission, Water Hygiene Division.
(b)
At each
required fire hydrant: The minimum recommended by the most current
Key Rate Schedule, as published by Texas Commission on Fire Protection.
All flows to be verified by the Fire Department using gauges calibrated
within the current calendar year.
(c)
Private
service lines shall be defined as the service line extending from
water system meter to an individual customer. Public service lines
shall be defined as the line extending from water main to a single
meter. Bullheads shall be defined as a public service line with branches
to serve two or more customers.
(d)
Public
service lines will become the property of the respective water district
when completed and will be maintained by the developer/builder at
their expense until accepted by the respective water district. Public
service lines will not be less than 1 inch or larger than two inches
in diameter. Bullheads shall be no less than one inch in diameter.
All public service lines shall be sized to deliver the pressures required
by the Texas Natural Resource Conservation Commission. Public service
lines will not be used as an extension of a water main and can serve
a maximum of five actual or potential customers based on maximum density/minimum
lot size development within the physical constraint of the area serviced.
In no case will public service lines exceed 150 feet in length without
prior approval of the Public Works Department.
(e)
The
developer may be required to extend one or more water mains for the
purpose of looping the system and supplementing volumes and/or pressures
to achieve the flows required above. In the event that these flows
are not obtainable with design modifications and not due to any fault
of the developer, the developers shall be required to provide the
maximum flow possible as determined by the city. In this event, the
city shall cause an emergency review of the water system. Should a
system deficiency be detected, the city has the right to impose a
delay, curtailment or a moratorium in selected or multiple development
activities or suspend plat approval action until such deficiency is
corrected.
3.
Sewer mains.
Gravity sewer mains shall be sized sufficiently to handle current
and anticipated loads, but in no case shall any sewer line be less
than six inches in diameter. Forced sewer mains will be sized by a
professional engineer to accommodate anticipated loads.
4.
Conduit
extensions.
(a)
Water
lines: If an existing water main is within 150 feet of the boundary
of any lot or tract of land proposed for development and/or improvement
through the erection of buildings, then the water main shall be extended
to the lot or tract in question. From the point of connection with
the existing main, the water main shall be installed in accordance
with all applicable regulations, including the installation of approved
fire hydrants along the entire length of the extension at the following
intervals:
(b)
Sewer
lines: If an existing sewer main is within 150 feet of the boundary
of any lot or tract of land proposed for development and/or improvement
through the erection of buildings, then the sewer main shall be extended,
in accordance with all applicable regulations, to the lot or tract
in question provided a gravity flow capability is available.
(c)
Whenever a water or sewer main is required to be extended to a lot or tract, an appropriate service line (tap) shall be extended to serve said lot or tract, and buildings located thereon shall be connected thereto whether they are pre-existing or are subsequently erected. The provisions of subsections (a) and (b) of this division above and any other ordinance notwithstanding, any subdivision or resubdivision of a lot or tract of land at a gross density of more than that specified below shall be required to provide water and/or sewer service to said subdivision or resubdivision, regardless of whether a subdivision plat is required to be prepared and approved by the respective water district.
(d)
All
utilities shall be required to extend across the full width of the
development lot (defined by plat or lot of record) in such an alignment
that it can be extended to the next property in accordance with the
master sewer and water plans for the city. Properties already served
by water and sewer shall not be required to install additional facilities
unless the current lines are not of adequate capacity to serve the
proposed development in which case the developer will be required
to install adequate facilities. Once a utility meter is installed,
movement required due to changes in grade/landscape will be the responsibility
of the developer/builder.
5.
Development
mains.
Developers shall pay the actual cost of water
and sewer main extensions, force mains and lift stations required
to serve their development area including costs of right-of-way acquisition.
Their development area includes current and future phases. Required
facilities will be according to the city’s master utility plan
as determined by the city planning staff with right of appeal to the
Planning and Zoning Commission.
D.
STORM DRAINAGE
DESIGN CRITERIA.
The design of all storm drainage facilities
shall be in accordance with these guidelines and the City of Harker
Heights Drainage Criteria Manual. Where conflicts between these guidelines
and COHH DCM occur, these guidelines shall govern.
1.
Development
responsibilities.
All costs of drainage systems within
the area proposed for development shall be the responsibility of the
developer. The drainage systems must be designed for the fully developed
area and oversized as necessary for the stream watershed areas. These
areas if not already developed, must be considered for development
as identified by the city so the appropriate runoff factors can be
applied. Appropriate hydrological and hydraulic analyses, as determined
by the City Engineer, shall be completed by an engineer licensed in
the State of Texas to analyze the impacts of proposed development
on upstream and downstream properties. Runoff from development shall
not adversely impact upstream or downstream properties. Costs of aforementioned
analyses shall be borne by the Developer.
2.
General
policy.
The Planning and Zoning Commission shall not
recommend for approval any plat of subdivision, which does not make
adequate provision for storm, or flood water runoff channels or basins.
Drainage provision shall ensure the health and safety of the public
and property in times of flood; and such facilities shall not cause
excessive increases in flood heights or velocities, particularly to
adjacent and downstream properties. When calculations indicate that
curb capacities are exceeded at a point, no further allowance shall
be made for flow beyond that point and drainage facilities or basins
shall be used to intercept flow at this point. The applicant may be
required by the Planning and Zoning Commission to carry away by pipe
or open ditch any spring or surface water that exists either prior
to, or as a result of, the subdivision. Such drainage facilities shall
be located in the road right-of-way where feasible, or in perpetual
unobstructed easements of appropriate width, and shall be constructed
in accordance with the construction standards and specifications of
the City of Harker Heights Drainage Criteria Manual.
3.
Drainage
easements.
(a)
Where
topography or other conditions are such as to make impractical the
inclusion of drainage facilities within road rights-of-way, perpetual
unobstructed easements for such drainage facilities shall be provided
across property outside the road lines and with satisfactory access
to the road. Easements shall be carried from the road to a natural
watercourse or to other drainage facilities.
(b)
When
a proposed drainage system will carry water across private land outside
the subdivision, appropriate drainage rights must be secured and indicated
on the plat or other instrument as approved by the City Attorney.
In the case of clear public interest, the City may participate in
easement acquisition by power of condemnation. The total cost of the
easement acquisition shall be paid by the owner/developer.
(c)
The
applicant shall dedicate an appropriate drainage easement either in
fee or by drainage easement or by conservation easement of land on
both sides of existing watercourses to a distance to be determined
by the City Engineer.
4.
Design discharge
determination.
(a)
Design frequency: The minimum frequencies adopted by the city are presented in subsection (5) of this division below.
(b)
The
rational method: For drainage areas less than 200 acres and not in
a FEMA floodway the peak discharge resulting from storm runoff will
be computed by the rational formula: Qy = C IyA; where Q is the discharge
in cubic feet per second; y is the return period in years; C is the
runoff coefficient; I is the rainfall intensity in inches per hour;
and, A is the drainage area in acres.
(c)
Runoff
coefficient: The runoff coefficient (C) shall consider the slope of
the terrain, the character of the land use, the length of overland
flow and the imperviousness of the drainage area and shall be determined
from the ultimate land development. The runoff coefficient for the
appropriate land uses shall be as follows. For combination areas,
use weighted averages.
|
Rational Method Runoff Coefficients for Composite Analysis Runoff
Coefficient (C)
| |||||||
|---|---|---|---|---|---|---|---|
|
Character of Surface
|
Return Period
| ||||||
|
|
2 Years
|
5 Years
|
10 Years
|
25 Years
|
50 Years
|
100 Years
|
500 Years
|
|
DEVELOPED
|
|
|
|
|
|
|
|
|
Asphaltic
|
0.73
|
0.77
|
0.81
|
0.86
|
0.90
|
0.95
|
1.00
|
|
Concrete
|
0.75
|
0.80
|
0.83
|
0.88
|
0.92
|
0.97
|
1.00
|
|
Grass Areas (Lawns, Parks, etc.)
|
|
|
|
|
|
|
|
|
Poor Condition*
|
|
|
|
|
|
|
|
|
Flat, 0-2%
|
0.32
|
0.34
|
0.37
|
0.40
|
0.44
|
0.47
|
0.58
|
|
Average, 2-7%
|
0.37
|
0.40
|
0.43
|
0.46
|
0.49
|
0.53
|
0.61
|
|
Steep, over 7%
|
0.40
|
0.43
|
0.45
|
0.49
|
0.52
|
0.55
|
0.62
|
|
Fair Condition**
|
|
|
|
|
|
|
|
|
Flat, 0-2%
|
0.25
|
0.28
|
0.30
|
0.34
|
0.37
|
0.41
|
0.53
|
|
Average, 2-7%
|
0.33
|
0.36
|
0.38
|
0.42
|
0.45
|
0.49
|
0.58
|
|
Steep, over 7%
|
0.37
|
0.40
|
0.42
|
0.46
|
0.49
|
0.53
|
0.60
|
|
Good Condition***
|
|
|
|
|
|
|
|
|
Flat, 0-2%
|
0.21
|
0.23
|
0.25
|
0.29
|
0.32
|
0.36
|
0.49
|
|
Average, 2-7%
|
0.29
|
0.32
|
0.35
|
0.39
|
0.42
|
0.46
|
0.56
|
|
Steep, over 7%
|
0.34
|
0.37
|
0.40
|
0.44
|
0.47
|
0.51
|
0.58
|
|
UNDEVELOPED
|
|
|
|
|
|
|
|
|
Cultivated
|
|
|
|
|
|
|
|
|
Flat, 0-2%
|
0.31
|
0.34
|
0.36
|
0.40
|
0.43
|
0.47
|
0.57
|
|
Average, 2-7%
|
0.35
|
0.38
|
0.41
|
0.44
|
0.48
|
0.51
|
0.60
|
|
Steep, over 7%
|
0.39
|
0.42
|
0.44
|
0.48
|
0.51
|
0.54
|
0.61
|
5.
Minimum
Time of Concentration and Design Storm Frequency.
The
minimum time of concentration to be used shall be ten minutes; see “current
Federal Emergency Management Agency (FEMA) Flood Insurance Rate Maps
(FIRMs).”
|
Location of Drainage Facility or Characteristics of:
|
| |
|---|---|---|
|
Drainage Facility
|
Drainage Area
|
Return Period
(Years)
|
|
Storm drains
|
Residential and business
|
10
|
|
Channel/ditches
|
Drainage area under 600 acres Area equals or exceeds 600 acres
|
25
50
|
|
Natural Streams
|
Designated Areas
|
10
|
|
Culverts/bridges
|
Major Thoroughfare
|
50
|
|
Floodways Between Building Lines
|
|
100
|
6.
Area.
The area (A) in determining flows by the rational method shall
be calculated by subdividing a map into the drainage areas within
the basin contributing stormwater runoff to the system. The design
must include the entire drainage basin, not just the subdivision under
design. For drainage areas greater than 200 acres, or where the Flood
Insurance Administration, Federal Emergency Management Agency (FEMA)
has mapped an area, Soil Conservation Service (SCS) Unit Hydrograph
techniques will be used to compute runoff volumes and peak discharges.
This methodology can be found in the SCS Technical Release 55 Urban
Hydrology. For project areas that have several hydraulic elements
combined (for example, pipes, channels, and culverts), both the rational
method and the SCS Unit Hydrograph Method should be used. Where this
occurs, the higher discharge from the two methods should be utilized.
7.
Street capacity.
(a)
Street
classifications (refer to Section 3.A.11)
(b)
Street
capacities shall be designed to accommodate the following:
i.
Residential
Streets - 5-year storm - water flow shall not exceed the top of curb
6" maximum depth).
ii.
Collector
Streets - 10-year storm - 1-12' wide traffic lane shall remain open.
iii.
Minor Arterial - 25-year storm - 1-12' wide traffic lane must remain
open in each direction.
iv.
Major
Arterial - 25-year storm - 1-12' wide traffic lane may be closed in
each direction.
(c)
Whenever
drainage is planned to cross street intersections a concrete valley
gutter will be used.
8.
Storm drains.
9.
General
design rules.
(a)
Pipe
sizes less than 18 inches in diameter shall be prohibited.
(b)
Other
than A.S.T.M. standard size pipe shall be prohibited.
(c)
Discharge
of the contents of a pipe shall be into a pipe equal to or larger,
in diameter.
(d)
At changes
in size of pipe or box, the soffits or top inside surfaces on the
two pipes shall be at the same level.
(e)
To determine
the tailwater depth for the outfall channels calculate the hydraulic
gradient when the tailwater surface at the outlet is higher than the
pipe or box.
(f)
Concrete
pipes or boxes shall be used for storm drains. No other construction
material may be used as an alternate unless written prior approval
is obtained from the city. Corrugated metal pipe may be used only
as culverts. May consider allowing HDPE outside of paved areas.
(g)
Manholes
shall be located at intervals not to exceed 600 feet for pipe 30 inches
or less in diameter or at intervals not to exceed 1200 feet for pipe
greater than 30 inches in diameter.
10.
Open channel
design.
Graded earthen shallow swales may be used to
convey runoff from a street to another larger channel as long as the
ten-year Q does not exceed 10 c.f.s. See Standard Details for Public
Works Construction, the “National Building Code.” Flow
from earthen swales will not be directed onto a street or paved area.
Where low flows are present and high velocities are also expected
due to steep grade, a concrete trickle channel shall be provided.
Trickle channels shall have a minimum width of three feet; a minimum
concrete thickness of four inches. Earthen channels shall have a maximum
side slope of 4:1 and shall be sodded or seeded upon completion.
(a)
Flows
over 10 c.f.s. shall require engineered drainage enhancements. Enhancements
may include subsurface drainage systems or an approved concrete channel
design in the drainage easement. (See Standard Details for Public
Works Construction, the “National Building Code.”)
(b)
All
channels shall be designed in accordance with table in Section 4(D)(5).
(c)
Design
guidelines for maximum channel velocities are shown below Section
4(D)(11).
11.
Maximum
channel velocities
|
Channel Material
|
Maximum velocity
(in feet per second)
|
|---|---|
|
Non-Cohesive
|
3
|
|
Shale
|
5
|
|
Cohesive
|
6
|
|
Grass-lined
|
7
|
|
Soft rock
|
8
|
|
Hard rock
|
12
|
|
Reinforced concrete
|
15
|
12.
Culverts.
(a)
Requirements:
Culvert length shall be such as to accommodate roadway shoulders,
planned walkways and a maximum 4:1 slope to a standard headwall or
end section. Where surface water from a street section enters a channel
near a headwall concrete spillway and apron areas shall be provided
to prevent erosion. Texas Department of Transportation Standard Headwalls
or an approved sloped-end treatment shall be used. Sloped-end treatments
shall require riprap and concrete apron sections.
(b)
Outlet
velocity:
Where outlet velocities in designed drainage
systems are greater than the velocities in the natural channel, riprap
and/or velocity control devices approved by the city shall be installed
to prevent erosion at the outlet of all systems.
13.
Required
submittal information.
Stormflow data and information
shall be submitted to the city for approval along with any request
for approval of a subdivision.
(a)
Topography
and drainage plan, with contour lines on two-foot intervals. All elevations
shall be current datum or referenced to a City Benchmark on the same
datum. The datum used shall be specified on the drawing.
(b)
Areas
contributing drainage to the proposed subdivision shall be shown on
small scale supplemental drawings. The information to be submitted
shall include the area, slope and type of development in the contributing
area.
(c)
The
locations of watercourses and drainageways through the proposed subdivision
shall be shown together with the quantity of drainage. Where applicable,
the areas of the 100-year floodplain shall be indicated along with
base flood elevation lines consistent with the city’s Flood
Insurance Rate Map (FIRM). Where the city’s FIRM does not indicate
100-year floodplain data, the developer’s engineer shall ascertain
whether any area in the proposed development is within said floodplain.
If it is, the developer’s engineer shall indicate the boundaries
of same along with approximate elevations. If no area within the development
is determined to be within the 100-year floodplain, the engineer shall
certify to that effect upon the drainage plan sheet.
(d)
Supplemental
information showing the preliminary design calculations for drainage
shall be furnished on the topography and drainage plan. Calculations
should include hydraulic grade lines in the case of underground storm
drains. Hydraulic grade lines shall not be nearer than one foot from
the finished surface. Calculations shall also be required for proof
of capacity of the street at any critical section such as flat grade
sections and where top of curb elevations are split more than 0.2.
Calculations shall conform to the current design criteria adopted
by the city as contained in this chapter.
E.
PARKLAND DEDICATION.
All developments subject to this Subdivision Ordinance shall
provide Parkland Dedication in accordance with applicable City Ordinance
requirements.
(Ordinance Z20-07 #1 adopted 7/2/20)
A.
ADOPTION OF
LOCAL GOVERNMENT CODE REGULATION FOR DEVELOPMENT PLATS.
The City Council hereby adopts and approves Tex. Loc. Gov’t
Code Subchapter B to Chapter 212 and the law codified by that Subchapter,
as such may be amended from time to time.
B.
APPLICATION
OF OTHER REGULATIONS.
The provisions of Subchapter A
of Tex. Loc. Gov’t Code, Chapter 212 that do not conflict with
this subchapter apply to development plats.
C.
PLANS, RULES,
AND ORDINANCES.
After a public hearing on the matter,
the City Council may from time to time adopt general plans, rules,
or ordinances governing development plats of land within the limits
and in the extraterritorial jurisdiction of the city to promote the
health, safety, morals, or general welfare of the city and the safe,
orderly, and healthful development of the city.
D.
DEVELOPMENT
PLAT REQUIRED.
1.
Any person
who proposes the development of a tract of land located within the
limits or in the extraterritorial jurisdiction of the city must have
a development plat of the tract prepared in accordance with this subchapter
and the applicable plans, rules, or ordinances of the city.
2.
The development
plat must be prepared by a registered professional land surveyor as
a boundary survey showing:
(a)
Each
existing or proposed building, structure, or improvement or proposed
modification of the external configuration of the building, structure,
or improvements involving a change of the building, structure, or
improvement.
(b)
Each
easement and right-of-way within or abutting the boundary of the surveyed
property.
(c)
The
dimensions of each street, sidewalk, alley, square, park, or other
part of the property intended to be dedicated to public use or for
the use of purchasers or owners of lots fronting on or adjacent to
the street, sidewalk, alley, square, park, or other part.
3.
New development
may not begin on the property until the development plat is filed
with and approved in accordance with the city ordinance, Ordinance
7055-08 [the subdivision ordinance], as amended.
4.
If a person
is required under the city ordinance, Ordinance 7055-08 [the subdivision
ordinance], as amended, to file a subdivision plat, a development
plat is not required in addition to the subdivision plat.
E.
RESTRICTION
ON ISSUANCE OF PERMITS.
The city, a county, or an official
of another governmental entity may not issue a building permit or
any other type of permit for development on lots or tracts subject
to this subchapter until a development plat is filed with and approved
in accordance with this ordinance.
F.
APPROVAL OF
DEVELOPMENT PLAT.
1.
Development
plats will be submitted to the Planning & Zoning Commission and
the City Council in accordance with procedures established by this
chapter.
(a)
The
general plans, rules, and ordinances of the city concerning its current
and future streets, sidewalks, alleys, parks, playgrounds, and public
utility facilities.
(b)
The
general plans, rules, and ordinances for the extension of the city
or the extension, improvement, or widening of its roads, streets,
and public highways within the city and its extraterritorial jurisdiction,
taking into account access to and extension of sewer and water mains
and the instrumentalities of public utilities.
(c)
Any
general plans, rules, or ordinances adopted under this chapter[.]
G.
EFFECT OF
APPROVAL ON DEDICATION.
The approval of a development
plat is not considered an acceptance of any proposed dedication for
public use or use by persons other than the owner of the property
covered by the plat and does not impose on the city any duty regarding
the maintenance or improvement of any purportedly dedicated parts
until the city’s governing body makes an actual appropriation
of the dedicated parts by formal acceptance, entry, use, or improvement.
H.
EXTRATERRITORIAL
JURISDICTION.
This subchapter does not authorize the
city to require municipal building permits or otherwise enforce the
city’s building code in its extraterritorial jurisdiction.
I.
ENFORCEMENT.
1.
If it appears
that a violation or threat of a violation of this subchapter or plan,
rule, or ordinance adopted under this subchapter consistent with this
subchapter exists, the city is entitled to appropriate injunctive
relief against the person who committed, is committing, or is threatening
to commit the violation.
2.
It is no
defense to a criminal or civil suit under this subchapter that an
agency of government other than the city issued a license or permit
authorizing the construction, repair, or alteration of any building,
structure, or improvement. It also is no defense that the defendant
had no knowledge of this subchapter or of an applicable plan or rule.
(Ordinance Z20-07 #1 adopted 7/2/20)
A.
VARIANCES.
1.
Hardship.
Where the Planning & Zoning Commission finds that extraordinary
hardships may result from strict compliance with these regulations
of this chapter, it may vary the regulations so that substantial justice
may be done and the public interest secured; provided that such variation
will not have the effect of nullifying the intent and purpose of the
Zoning Ordinance or other regulatory documents.
2.
Large scale
development.
The standards and requirements of this chapter
may be modified by the Planning & Zoning Commission in the case
of a plan and program for a new town or a complete community or neighborhood
unit, which in the judgment of the Planning & Zoning Commission
provide adequate public spaces and improvements for the circulation,
recreation, light, air, and service needs of the tract when fully
developed and populated, and which also provide such covenants or
other legal provisions as will assure conformity to and achievement
of the plan.
3.
Conditions.
In granting variances and modifications, the Planning &
Zoning Commission may require such conditions including access controls,
buffer strips, or certain deed covenants as will, in its judgment,
secure substantially the objectives of the standards or requirements
so varied or modified.
B.
CITY AND WATER
DEPARTMENT REQUIREMENTS.
1.
WCID #3 will:
(a)
Make
all water and sewer service taps at their regular charge for such
service.
(b)
The
water and sewer lines as completed will become the property of the
city and the developer or builder shall maintain said lines at its
own expense. Extensions of said lines may be made at any time the
city may desire.
2.
The City
will:
(a)
The
City shall never be liable for payment of interest on any deposits,
payments, or refunds provided for herein.
(b)
The
builder or developer shall never have the right to demand payment
hereunder out of any funds raised by the city through taxation.
(c)
Not
reimburse any part of the cost of construction of paving, curb and
gutter, drainage structures, storm sewers, street name signs, water
and sanitary sewer mains that are eight inches and 10 inches, respectively,
in diameter or smaller.
C.
PENALTY.
1.
Any person
violating any provision of this chapter for which no penalty is otherwise
provided, shall upon conviction, be guilty of a misdemeanor and shall
be fined not less than $10 nor more than $2,000 and each day such
violation continues shall be considered a separate offense and punishable
accordingly.
2.
A person
commits an offense if the person violates this ordinance or a plan,
rule, or ordinance adopted under this ordinance or consistent with
such sections within the limits of the city. An offense under these
sections is a Class C misdemeanor. Each day the violation continues
constitutes a separate offense.
(Ordinance Z20-07 #1 adopted 7/2/20)
