This Ordinance and subsequent regulations of the City of Gonzales,
Texas shall be known as, and may be cited and referred to as, the
“Subdivision Ordinance.”
(Ordinance 2013-32 adopted 12/3/13; Ordinance 2021-09 adopted 2/11/21)
This Subdivision Ordinance and subdivision regulations are adopted
pursuant to the authority granted by the U.S. Constitution, the Texas
Constitution, and the laws of the State of Texas, specifically including
Chapter 212 of the Texas Local Government Code.
(Ordinance 2013-32 adopted 12/3/13; Ordinance 2021-09 adopted 2/11/21)
All property not subdivided into lots, blocks, and streets,
or property to be resubdivided, within the City or within its jurisdiction
(i.e., the City Limits or Extraterritorial Jurisdiction (ETJ)) shall
hereafter be laid out subject to the approval of the City as outlined
within this Subdivision Ordinance, and no other subdivision will be
recognized by the City.
(Ordinance 2013-32 adopted 12/3/13; Ordinance 2021-09 adopted 2/11/21)
These regulations shall be administered so as to achieve the
following specific purposes:
A.
Specific
Purposes of the Subdivision Regulations
1.
Provide
for the orderly, safe and healthful development of the area within
the City and its Extraterritorial Jurisdiction (ETJ);
2.
Promote
the health, safety and general welfare of the community;
3.
Establish
orderly policies and procedures to guide development of the City;
4.
Provide
for the establishment of minimum specifications for construction and
engineering design criteria for public infrastructure[,] reduce inconveniences
to residents of the area, and to reduce related unnecessary costs
to the City for correction of inadequate facilities that are designed
to serve the public;
5.
Ensure
that development of land and subdivisions shall be of such nature,
shape and location that utilization will not impair the general welfare;
6.
Protect
against the dangers of fires, floods, erosion, landslides, or other
such menaces;
7.
Provide
proper utilities and services for adequate drainage, water supply,
and disposal of sanitary and industrial waste; to furnish adequate
sites, convenient to schools, parks, playgrounds, and other community
services, respecting topography and existing vegetation so that the
natural beauty of the land shall be preserved;
8.
Coordinate
new development realistically and harmoniously with existing development;
9.
Protect
and conserve the value of land throughout the City;
10.
Provide
the most beneficial circulation of vehicle and pedestrian traffic
throughout the City, and to provide for the proper location and width
of streets;
11.
Establish
reasonable standards of design and procedures for the development
and redevelopment, provide for the orderly layout and use of land;
12.
Ensure
proper legal descriptions and documentation of subdivided land;
13.
Ensure
public facilities with sufficient capacity to serve the proposed subdivision
are available for every building site, and to provide public facilities
for future development;
14.
Ensure
the adequacy of drainage facilities; and encourage the wise use and
management of natural resources throughout the City in order to preserve
the integrity, stability, and beauty of the community;
15.
Preserve
the topography of the City and ensure appropriate development with
regard to natural features;
16.
Ensure
that new development adequately and fairly participates in the dedication
and construction of Public Improvements and infrastructure that are
necessitated by or attributable to the development or that provide
value or benefit that makes the development feasible; and
17.
Address
other needs necessary for ensuring the creation and continuance of
a healthy, attractive, safe and efficient community that provides
for the conservation, enhancement and protection of its human and
natural resources.
(Ordinance 2013-32 adopted 12/3/13; Ordinance 2021-09 adopted 2/11/21)
A.
General.
It is hereby declared to be the policy of the City to consider
the subdivision and development of land, as subject to the control
of the City, in order to carry out the purpose of the Comprehensive
Plan, and to promote the orderly, planned, efficient and economical
development of the City.
B.
Subdivision
and Development of Land Policies.
1.
Land shall
not be subdivided or developed until proper provision has been made
for drainage, water, wastewater, transportation and other facilities
required by these regulations.
2.
All public
and private facilities and improvements shall be of at least the capacity
necessary to adequately serve the development and shall conform to
and be properly related to the Comprehensive Plan of the City and
the Engineering Standards Manual (ESM).
3.
These
regulations shall supplement, and facilitate the enforcement of, provisions
and standards contained in the Zoning Regulations and building codes
adopted by the City.
C.
Requirement
to Plat.
Platting is required for the following purposes:
1.
To create
a building site on a single lot or tract;
2.
To construct
or enlarge any exterior dimension of any building, structure, or improvement
on land without an existing Plat.[;]
3.
To subdivide
land to divide a lot or tract into two or more parcels for development
of the parcels;
4.
To combine
lots or tracts;
5.
To amend
a Plat; or
6.
To correct
errors on an approved and recorded Plat.
D.
Plat Required.
1.
Subdivision
Plats Required per LGC 212 Subchapter A (i.e., All plats except Development
Plats).
a.
In accordance
with Texas Local Government Code (LGC) Section 212.004, the owner
of a tract of land located within the city limits or in the Extraterritorial
Jurisdiction (ETJ) who divides the tract in two (2) or more parts
to lay out a subdivision of the tract, including an addition to a
municipality, to lay out suburban, building, or other lots, or to
lay out streets, alleys, squares, parks, or other parts of the tract
intended to be dedicated to public use or for the use of purchasers
or owners of lots fronting on or adjacent to the streets, alleys,
squares, parks, or other parts must have a Plat of the subdivision
prepared.
b.
A division
of a tract under this subsection includes a division regardless of
whether it is made by using a metes and bounds description in a deed
of conveyance or in a contract for a deed, by using a contract of
sale or other executory contract to convey, or by using any other
method.
c.
A division
of land under this subsection does not include a division of land
into parts greater than five (5) acres, where each part has access
and no Public Improvement is being dedicated.
2.
Development
Plats Required per LGC 212 Subchapter B (i.e., Development Plats only).
a.
Any
person who proposes the development (i.e., any new construction or
the enlargement of any exterior dimension of any building, structure,
or improvement) of a tract of land located within the limits or in
the Extraterritorial Jurisdiction (ETJ) of the City shall have a Development
Plat of the tract prepared in accordance with LGC 212 Subchapter B
and this Subdivision Ordinance. (See Section 5.09 Development Plat
of this Ordinance for requirements for Development Plats.)
b.
Whenever
a property owner proposes to divide land within the City or its Extraterritorial
Jurisdiction (ETJ) into two (2) or more tracts, and claims exemption
from LGC 212 Subchapter A for the purposes of development, that results
in parcels or lots all greater than five (5) acres in size, a Development
Plat shall be required.
c.
In the
event that development of any tract of land is intended, and where
no Public Improvement is proposed to be dedicated, the Applicant shall
first obtain approval of a Development Plat.
d.
No Development
Plat is required when the land has an approved Filing Plat, Minor
Plat, Replat, or Amending Plat.
E.
Exemptions
to the Requirement to Plat.
The following are exemptions
to the platting requirements in subsection 1.05.C (above):
(Ordinance 2013-32 adopted 12/3/13; Ordinance 2021-09 adopted 2/11/21)
Compliance with all City ordinances pertaining to the subdivision
and development of land, and the Comprehensive Plan (where applicable),
shall be required prior to approval of any Application pursuant to
this Subdivision Ordinance. All such ordinances and the Comprehensive
Plan shall be construed to mean those documents as they exist or may
be amended. It is the property owner’s responsibility to be
familiar with, and to comply with, City ordinances, the Comprehensive
Plan, and the provisions of this Subdivision Ordinance.
A.
Applicable
City Codes, Ordinances, and Plans.
Applicable City codes,
ordinances, and plans with which all Applications must comply include,
but are not limited to, the following.
1.
Comprehensive
Plan (including all associated maps and plans);
2.
Zoning
Ordinance;
3.
Parks
or Trails Master Plans;
4.
Building
Codes;
5.
Drainage
System Design Requirements;
6.
International
Fire Code;
7.
Stormwater
Quality and Land Disturbance Requirements; and
8.
Other
Applicable portions of the Code of Ordinances.
(Ordinance 2013-32 adopted 12/3/13; Ordinance 2021-09 adopted 2/11/21)
A.
Requirements.
1.
The subdivider
shall furnish, install and/or construct the Public Improvements (e.g.,
water and wastewater systems and the street and drainage facilities,
including any offsite Public Improvements) necessary for the proper
development of the subdivision.
a.
All
such facilities shall be designed and constructed in accordance with
the City’s Engineering Standards Manual, and any other standards,
specifications, and drawings as may be hereafter adopted, approved
by the City Council and placed on file in the office of the City Secretary.
2.
Where
considered necessary by the City Manager, and/or as recommended by
the Planning and Zoning Commission or shown on the Comprehensive Plan,
the facilities shall be sized in excess of that dictated by this Subdivision
Ordinance or the Engineering Standards Manual to provide for future
growth and expansion.
a.
The
City Council shall establish policies whereby the City may participate
in the difference in cost of the facility as sized in the Comprehensive
Plan and the cost of the facility as sized per the requirements of
this Subdivision Ordinance or the Engineering Standards Manual.
3.
Development
Agreement.
a.
Cases
that Require a Development Agreement[:]
i.
The
Subdivider shall be required to enter into a Development Agreement
with the City that shall govern the Subdivision if there are any public
improvements, pro-rata payments, escrow deposits or other future considerations,
or variances are granted to this Subdivision Ordinance, or if the
City participates in the cost of any public improvements, or if there
are nonstandard development regulations.
ii.
This Development Agreement shall be based upon the requirements of
this Subdivision Ordinance, and shall provide the City with specific
authority to complete the improvements required in the Development
Agreement in the event of failure by the developer, and to recover
the full costs of such measures.
b.
The
Development Agreement shall be a legally binding agreement between
the City and the Subdivider and shall specify the individual and joint
responsibilities of both the City and the Subdivider.
c.
The
Development Agreement shall contain:
i.
As
appropriate, provisions for pro-rata payments, City participation
in community facilities, escrow deposits or other payments for future
facilities, variances granted to this chapter, and other particular
aspects of the proposed Subdivision;
ii.
Authority for the City to withhold building permits, put a hold on
construction and inspections in the event of breach by the Subdivider;
iii.
For financial security (see section 6.05.D Security for Completion
of Improvements);
d.
The
City may provide a standard-form Development Agreement that may be
approved by the City Manager. In the event that either party desires
not to enter into the standard-form Development Agreement, then a
Subdivision-specific Development Agreement will be negotiated and
will be subject to City Council approval before execution.
(Ordinance 2013-32 adopted 12/3/13; Ordinance 2021-09 adopted 2/11/21)
A.
Development
Application.
All submittals shall conform to the appropriate
Development Application.
B.
Application
Fees.
All Application fees shall be paid according to
the Fee Schedule.
C.
Zoning
Regulations Requirements.
All requirements pertaining
to lot size, yard size, dwelling size, lot coverage, height, parking,
loading and screening contained in the current Zoning Regulations
of the City shall be adhered to for development under this Subdivision
Ordinance.
D.
Phased
Development.
1.
All phased
developments shall be in accordance with the Comprehensive Plan.
2.
The City
may establish size limits and requirements for phased development.
3.
A concept
development plan for the entire site shall be prepared and shall accompany
all submittals for a Vesting Plat and Filing Plat.
4.
Phased
Developments shall coordinate with the surrounding land use plan and
existing developments.
5.
Each phase
shall submit a Vesting Plat and Filing Plat.
E.
Drainage.
If provisions are necessary for drainage facilities on the unplatted
future phases of the development, then the Plat shall include separate
instruments for (easements) off-site drainage needs and shall include
appropriate notes and descriptions providing the City the appropriate
permissions and approvals needed for access and for maintaining and
improving the drainage system.
(Ordinance 2013-32 adopted 12/3/13; Ordinance 2021-09 adopted 2/11/21)
A.
Provisions.
1.
Plat
Filing Requirement.
a.
A Subdivision
Plat shall not be filed or record until it has been approved by the
City and all Public Improvements have been accepted by the City, and
any such actual recording shall be void unless such approval shall
be endorsed on the face of the Plat as hereinafter provided.
b.
The
above subsection 1.09.A.1.a (above) shall not apply to a Minor Plat
or an Amending Plat.
2.
Wastewater
(Sanitary Sewer) Collection System Requirement.
a.
No building
permit shall be issued by the City for any structure on any lot without
connection to the City’s existing or proposed wastewater facilities.
3.
Filing
Plat or Development Plat Required for Building Permits.
No building permit shall be issued by the City for any structure
on a lot in a Subdivision for which a Filing Plat or Development Plat
has not been approved and filed for record, nor for any structure
on a lot within a Subdivision that the standards contained herein
or referred to herein have not been complied with in full.
4.
Compliance
with Standards Required.
The City shall not authorize
any other person nor shall the City itself repair, maintain, install
or provide any streets or public utility services in any Subdivision
for which the standards contained herein or referred to herein have
not been complied with in full.
5.
Dedications.
a.
Refusal
or denial of a Plat by the City Council shall be deemed a refusal
by the City to accept the offered dedications shown thereon.
b.
Approval
of a Plat shall not impose any duty upon the City concerning the maintenance
or improvement of any such dedicated parts until the proper authorities
of the City have actually appropriated the same by final acceptance.
c.
Any
such dedication, before or after actual appropriation may be vacated
by the Council in any manner provided by law.
6.
Services
Prohibited to Subdivision.
The City shall not authorize
any other person nor shall the City itself sell or supply any utility
service such as water, gas, electricity, telephone, cable, communication
or wastewater service within a Subdivision for which a Filing Plat
has not been approved or filed for record, nor in which the standards
contained herein or referred to herein have not been complied with
in full.
7.
Action
in a Court.
On behalf of the City, the City Attorney
shall, when directed by the City Council, institute appropriate action
in a court of competent jurisdiction to enforce the provisions of
this Subdivision Ordinance or the standards referred to herein with
respect to any violation thereof which occurs within any area subject
to all or a part of the provisions of this Subdivision Ordinance.
8.
Abutting
Owner or Lessee Action.
In addition thereto, any abutting
owner or lessee or other person prejudicially affected by the violation
of the terms of this Subdivision Ordinance may resort to any court
of competent jurisdiction for any writ or writs, or to obtain such
relief, either in law or equity, as may be deemed advisable in these
premises.
9.
Noncompliant
Subdivision or Subdivision without a Filing Plat.
If
any Subdivision exists for which a Filing Plat has not been approved
or in which the standards contained herein or referred to herein have
not been fully complied with, the City Council shall pass a resolution
reciting the facts of such noncompliance and failure to secure Filing
Plat approval, and reciting the fact that the provisions of this Section
will apply to the Subdivision and the lots therein.
a.
The
City Secretary shall, when directed by the City Council, cause a certified
copy of such resolution under the corporate seal of the City to be
filed in the Deed of Records of the County.
b.
If full
compliance and Filing Plat approval are secured after the filing of
such resolution, the City Secretary shall forthwith file an instrument,
in the Deed of Records of the County stating that the provisions of
this section no longer apply.
(Ordinance 2013-32 adopted 12/3/13; Ordinance 2021-09 adopted 2/11/21)
A.
Subdivision
Regulations Extend into the ETJ.
Subdivision Regulations
as they now exist or may hereafter be amended, are hereby extended
to all of the area lying within the extraterritorial jurisdiction
of the City and the rules and regulations within said Subdivision
Regulations governing Plats and Subdivision of land shall be applicable
to such area within said extraterritorial jurisdiction from and after
the date of final passage of this Subdivision Ordinance.
B.
Subdividing.
No person shall subdivide or plat any tract of land within the
extraterritorial jurisdiction of the City except in conformity with
the provisions of these Subdivision Regulations.
(Ordinance 2013-32 adopted 12/3/13; Ordinance 2021-09 adopted 2/11/21)
Any owner or Developer of any lot, tract, or parcel of land
located within the corporate limits of the City or within its extraterritorial
jurisdiction who wishes to subdivide such land shall conform to the
following general procedures.
B.
Detailed
Steps.
The detailed steps with each phase of the Subdivision
development procedure are covered in this subsection, Section 5, Section
6, and Section 7.
|
Figure 1: Subdivision Procedure Summary
 |
(Ordinance 2013-32 adopted 12/3/13; Ordinance 2021-09 adopted 2/11/21)
A.
Subdivision
Violations.
Any person, firm or corporation who violates,
disobeys, omits, neglects or refuses to comply with or who resists
the enforcement of any of the provisions of the Subdivision Ordinance
shall be fined not more than two thousand dollars ($2,000.00) for
each violation. Each day that a violation is permitted to exist shall
constitute a separate offense.
(Ordinance 2013-32 adopted 12/3/13; Ordinance 2021-09 adopted 2/11/21)
