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):
1. 
Use of existing cemeteries complying with all State and local laws and regulations;
2. 
Dedication of an easement or Right-of-Way by a separate document recordable in the county records if approved by the City; and
3. 
Divisions of land created by order of a court of competent jurisdiction.
(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);
a. 
Insurance requirements in accordance with the City’s requirements for public works projects; and
b. 
An indemnification clause by which the Subdivider shall agree to hold the City harmless against any claim arising out of the proposed Subdivision or any actions taken therein.
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.
A. 
General Procedures.
1. 
Pre-Application Conference (Voluntary)
2. 
Vesting Plat
3. 
Construction Plans
4. 
Construction of improvements
5. 
City acceptance of improvements (Letter of Final Acceptance)
6. 
Filing Plat
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
-Image-1.tif
(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)