(a) 
Plat Required for all Subdivisions
(1) 
The owner of a tract of land located:
(A) 
within the City’s corporate limits; or
(B) 
in its extraterritorial jurisdiction -
who divides the tract in two or more parts to lay out a subdivision of the tract, including an addition to a City, or to lay out suburban, building, or other lots, and 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. 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, including a lease purchase agreement or by using any other method.
(2) 
To be recorded, the plat must:
(A) 
describe the subdivision by metes and bounds;
(B) 
locate the subdivision with respect to a corner of the survey or tract or an original corner of the original survey of which it is a part; and
(C) 
state the dimensions of the subdivision and of each street, alley, square, park, or other part of the tract intended to be dedicated to public use or for use of purchasers or owners of lots fronting on or adjacent to the street, alley, square, park, or other part.
(3) 
The owner or proprietor of the tract or the owner’s or proprietor’s agent must acknowledge the plat in the manner required for the acknowledgment of deeds.
(4) 
The plat must be filed and recorded with the Hidalgo County Clerk after approval by:
(A) 
the City’s Planning and Zoning Commission;
(B) 
the City Commission;
(C) 
Hidalgo County Irrigation District #2; and
(D) 
Hidalgo County Drainage District #1.
(5) 
The plat is subject to the filing and recording provisions of Section 12.002, Texas Property Code, unless an exemption or waiver has been properly granted as provided below.
(b) 
Exemptions and Waivers
(1) 
Delegation of Approval Responsibility for Minor Plats
The City hereby delegates to the City Manager the authority to approve a minor plat consisting of no more than 1-1/2 acre involving four or fewer lots fronting on an existing street and not requiring the creation of any new street or the extension of City water and sewer services, as long as the street and available services otherwise meet the minimum standards of this Chapter and the City Engineer has so certified in writing. The City Manager may, for any reason, elect to present the plat for approval to the Planning and Zoning Commission or the City Commission. Unless the City Manager approves the plat with or without conditions within 10 days of receipt, he shall refer any plat, which he refuses to approve to the Planning and Zoning Commission or City Commission, or both, for consideration no more than 30 days from the date of receipt.
(2) 
Waiver of Provisions By City Commission
Upon appeal from a recommendation of rejection of a subdivision by the Planning and Zoning Commission, the City Commission may waive any requirement of this Chapter upon the satisfaction of the following conditions:
(A) 
The developer shall provide sufficient right-of-way for:
(i) 
future roads;
(ii) 
drainage; and
(iii) 
utilities consistent with the Comprehensive Plan, including specifically the Major Thoroughfare Plan, the Utilities Plan and the Master Drainage Plan.
(B) 
The width-to-length ratio of any lots to be developed for single-family residential purposes shall not exceed 2 to 1.
(C) 
If the property is within the City’s extraterritorial jurisdiction; the developer shall request voluntary annexation as a condition to approval of the plat.
(c) 
Informal Conference
Prior to the filing of an application for conditional approval of the Preliminary Plat, the subdivider may, at the subdivider’s discretion, confer with the Planning Director, or designated staff person on an informal basis to discuss:
(1) 
the proposed plat;
(2) 
its conformity with these regulations; and
(3) 
its relationship to surrounding properties and public improvements.
(d) 
Procedure for Conditional Approval of Preliminary Plat:
(1) 
All persons desiring to subdivide a tract of land may, at their discretion, first prepare and submit to the Planning and Zoning Commission a Preliminary Plat. Should the subdivider choose to submit a Preliminary Plat then the following supplementary material must be provided:
(A) 
Six copies of the Preliminary Plat, measuring 24" x 36" and one copy measuring 8-1/2" x 11", supplementary material shall be submitted to the Planning and Zoning Commission with a written and dated application for conditional approval at least fifteen (15) days prior to the meeting at which it is to be considered.
(B) 
The preliminary plat shall contain the requirements listed in Section 2.00.
(2) 
The City Secretary shall notify the subdivider and adjacent property owners by registered or certified mail of the time and place of the meeting at which preliminary approval will be considered and not less than five days before the date fixed for the hearing.
(3) 
The Planning Director or duly authorized staff person shall prepare, or cause to be prepared, comments regarding conformity or nonconformity of the Preliminary Plat with the requirements of this Chapter. At a minimum, the following persons shall be required to provide their written comments:
(A) 
Planning Director;
(B) 
City Engineer;
(C) 
Water and Sewer Utilities Director(s);
(D) 
Fire Chief or Fire Marshall;
(E) 
Building Inspector; and
(F) 
Director of Solid Waste Collection.
(4) 
The Planning Director shall recommend conditional approval of the Preliminary Plat if the plat satisfies the following requirements:
(A) 
the size and dimensions of the proposed lots, blocks, streets, alleys, easements and rights-of-way satisfy the City’s minimum standards;
(B) 
the tract of land to be subdivided is not in a flood-prone zone, or if in a flood-prone zone:
(i) 
the plat has been approved by FEMA; or
(ii) 
conditions recommended by FEMA to avoid flooding will be complied with by the developer;
(C) 
the subdivider proposes to comply with the requirements of this Chapter, specifically, each lot shall be provided with City water and sewer facilities; the streets will drain into the City’s storm sewer system; and dedications of land and improvements in conformity with the Major Thoroughfare Plan have been provided for. Otherwise, the Planning Director shall recommend disapproval and cite his reasons.
(5) 
Upon review and consideration of a Preliminary Plat and all necessary information required of a developer as well as consideration of the Planning Director’s recommendation, the Planning and Zoning Commission shall render a decision thereon within fifteen (15) days. Such decision may consist of:
(A) 
approval;
(B) 
disapproval; or
(C) 
conditional approval of the Preliminary Plat. Conditional approval shall be considered to be the approval of a proposed plat as submitted subject to conformity with prescribed conditions, but shall be deemed to be a disapproval of such plat or replat until such conditions are complied with. All objections made to the Preliminary Plat, or conditions imposed, shall be furnished to the subdivider in writing and be made a part of the official minutes of the Planning and Zoning Commission. Disapproval of the Preliminary Plat by the Planning and Zoning Commission shall be considered disapproval pursuant to Texas Local Government Code § 212.009.
(6) 
When a Preliminary Plat has been approved by the Planning and Zoning Commission, the subdivider shall file with the Planning and Zoning Commission a Final Plat. The Final Plat shall be responsive to the comments and or conditions by the Planning and Zoning Commission. When a Preliminary Plat has been approved and the subdivider has failed to file a Final plat of the subdivision or a section thereof within a period of six months, the approval of the Preliminary Plat shall automatically become void. The Planning and Zoning Commission shall give its final comments, conditions and recommendations on the Final Plat no later than 15 days from the date of submission of the Final Plat.
(7) 
The action of the Planning and Zoning Commission shall be noted on two (2) copies of the Final Plat, referenced and attached to any conditions imposed thereon. One copy shall be returned to the subdivider and the other retained by the Planning and Zoning Commission.
(e) 
Procedure for Approval of Final Flat Before City Commission:
(1) 
Application for approval of the Final Plat shall be submitted in writing to the City Commission no later than 5 days after approval or disapproval by the Planning and Zoning Commission and no earlier than ten (10) days prior to the meeting at which it is to be considered. The application for the Final Plat shall expire on the 45th day after the application has been filed if:
(A) 
The applicant fails to provide documents or other information necessary to comply with the City’s technical requirements relating to the form and content of the plat application;
(B) 
The City provides to the applicant not later than the 10th business day after the date the application is filed, written notice of the failure that specifies the necessary documents or other information and the date the application will expire if the documents or other information is not provided; and
(C) 
The Applicant fails to provide the specified documents or other information within the time provided in the notice.
(2) 
Ten copies of the Final Plat, measuring 24" x 36", one digital copy, and other required exhibits required for approval shall be prepared as specified in Section 2.01 [2.00].
(3) 
The City Commission shall act upon the Final Plat as approved or conditionally approved by the Planning and Zoning Commission within thirty (30) days of such action by the Planning and Zoning Commission. The City Commission shall approve the plat with conditions or disapprove the plat, but shall never table discussion of the plat.
(Ordinance 06-06 adopted 9/26/06; Ordinance 2021-15 adopted 4/13/21)
(a) 
Preliminary Plats and Data For Conditional Approval:
The Preliminary Plat shall be drawn on a scale of one inch to one hundred feet (1":100') or larger and may show the following:
(1) 
The title of the subdivision, north point, direction of prevailing breeze, scale and date of application;
(2) 
The name of the owners and the engineer or surveyor;
(3) 
Vicinity sketch or key map at a scale of not more one inch to four hundred feet (1":100') [sic], which shall show all existing subdivisions, streets, and tracts of adjacent acreage;
(4) 
The outline of the tract in the plat proposed for subdivision with principal dimensions;
(5) 
The location and name of existing streets, any blocks, lots, alleys, easements, building lines and watercourses or other natural features in area affected, with principal dimensions, and all significant information, including ownership in regard to the property immediately adjacent with bounding streets on all sides for a distance of not less than two hundred (200) feet;
(6) 
The proposed plan of the subdivision, showing all:
(A) 
streets;
(B) 
blocks;
(C) 
lots;
(D) 
alleys;
(E) 
easements;
(F) 
building lines;
(G) 
parks, etc., with principal dimensions. The Preliminary Plat shall cover the entire tract intended to be developed, at any time, even though it is intended by the developers to file plats and install improvements for parts of said tract by sections or units.
(7) 
The proposed names of proposed streets. Such names shall conform to the existing street naming scheme and shall not duplicate or conflict with the recognized name of any other street located in the area subject to these regulations;
(8) 
Typical cross-section of proposed street improvements;
(9) 
The location, type, and size of existing sanitary sewer, storm sewer, water and gas mains and other public utilities;
(10) 
Proposed plan for stormwater drainage sufficiently detailed to indicate the location of drainage ditches or structures and the direction of flow and the additional stormwater to drain from the subdivision;
(11) 
Any zoning districts affecting the area being platted;
(12) 
Watercourses;
(13) 
All trees over eight (8") inches in diameter;
(14) 
Contours of not more than five-foot (5') intervals;
(15) 
A letter stipulating any proposed protective and/or restrictive covenants, conditions and limitations whereby the subdivision proposes to regulate land use in the subdivision; and
(16) 
Street signs, traffic-control devices and street lighting plan.
(17) 
A detailed study of improvements proposed to all existing relevant lift stations, or of proposed new lift stations and relevant force mains.
(b) 
Data to be provided by Applicant’s Engineer.
The applicant’s engineer shall submit the following:
(1) 
Using acceptable engineering standards, the increased flow demand to be created upon 25 percent, 50 percent, 75 percent and full development of the subdivision;
(2) 
The impact of the increased flow demand on all relevant lift stations between the subdivision and the treatment plant (at a minimum provide the existing capacity of the relevant station, condition of equipment and recommended repairs, modifications or improvements);
(3) 
The existing treatment capacity of the sewer treatment plant and additional capacity required, if any, to treat the additional development at 25 percent, 50 percent, 75 percent and 100 percent of development of the subdivision.
(4) 
A rationale for the use of a new lift station and force main as opposed to gravity flow to an existing lift station. In this connection, the applicant’s engineer shall provide the estimated cost of 1) increasing the capacity of, and modernizing, an existing lift station to conform to the City’s Texas Natural Resource Conservation Commission Permit No. 11512-01 and the Texas Natural Resource Conservation Commission rules set out at Design Criteria for Sewerage System, 30 T.A.C. § 317.1 (2)(A), et seq., and 2) a gravity flow design that will allow future developments to connect gravity lines.
(c) 
Master Development Plan
(1) 
If a preliminary plan is part of an applicant’s plan for a larger development, the applicant shall file a master development plan with the director when the first application for preliminary plan approval is filed.
(2) 
A master development plan may be in schematic form, must include the applicant’s entire development, and must provide for the safe, healthful, and orderly extension of roads, utilities, drainage, and other public facilities.
(d) 
Plats and Data For Final Approval
The Final Plat shall be drawn to a scale of one inch to one hundred feet (1":100') or larger, on a reproducible original. In addition to the items listed at Section 2.00(a), the Final Plat shall show the following:
(1) 
The title or name by which the subdivision is to be identified, north point, the scale of the map, and the name of the registered professional engineer or state-licensed land surveyor responsible;
(2) 
A definite legal description and identification of the tract being subdivided. The description shall be sufficient for the requirements of the title examination. The plat shall be a descriptive diagram drawn to scale, and shall show by reference, that the subdivision, plat, or grant, or of which the instant subdivision is divided, or so much thereof as is owned by the subdivider;
(3) 
The boundaries with proper dimensions, of the subdivided property, the location or designation of all streets, alleys, parks, and other areas intended to be dedicated or deeded to public use. The boundaries shall be indicated by a heavy line equivalent to a No. 5 Payzant pen and shall be tied by dimensions to the established centerline of all existing boundary streets;
(4) 
The location of all adjacent streets and alleys, with their names, and the names of adjoining subdivisions with exact location and designation by number of lots and blocks;
(5) 
All lot, block and street boundary lines, with blocks and lots numbered or lettered consecutively, building lines and easements shall be shown and shall be defined by dimension. The actual width of all streets shall be shown, measured at right angles or radially, where curved. All principal lines shall have the bearing given and any deviation from the norm indicated;
(6) 
Accurate dimensions, both linear and angular, of all items on plat; the boundary survey on the site close within one (1) in ten thousand (10,000) and the plat for record shall so show. The linear dimensions shall be expressed in feet and decimals of a foot. The angular dimensions may be shown by bearings. Curved boundaries shall be defined by actual length of a radius and not by degree of curve;
(7) 
The description and location of all lot and block corners and permanent survey reference monuments shall be shown;
(8) 
A certificate of ownership in fee of all land embraced in the subdivision, and of the authenticity of the plat and dedication, signed and acknowledged by all owners of any interest in said land. The acknowledgment shall be in the form required in the conveyance of real estate. Approval and acceptance of all lienholders shall be included;
(9) 
A certificate by a registered professional engineer in charge, duly authenticated, that the plat is true and correct and in accordance with the determination of surveys actually made on the ground. If the engineer who prepared the plat did not make the original boundary survey, this fact should be noted in the certificate. Also the certificate should show whether or not the tract is within the extraterritorial jurisdiction of the City, measured in a straight line from the nearest points in the City limits, unless the information is shown in a suitable manner elsewhere on the face of the plat. The final plat shall include the following:
Certification of Surveyor and Engineer:
I,__________, a (Registered Professional Engineer/Registered Public Surveyor), do hereby certify the foregoing plat to be a true and correct representation of the subdivision of the lands hereon described as surveyed on the ground and subdivision under my direction, that the water and sewer service facilities described by the plat or on the document attached to the plat are in compliance with the model rules adopted under Section 16.343, Texas Water Code.
(SEAL)
(10) 
In addition to other required certificates the following forms shall be printed on the plat:
Approval by Planning and Zoning Commission:
I,__________, Chairman of the Planning and Zoning Commission, hereby certify that the subdivision plat conforms to requirements of the Subdivision Regulation of the City.
Chairman, Planning & Zoning Commission
APPROVED:
Date
Approval by City Commission
Approved and Accepted by the City Commission of the City, Texas, on this the day of__________, 200_____
Mayor
ATTEST:
City Secretary
Approval by Hidalgo County Irrigation District #2
This plat is hereby approved by the Hidalgo County Irrigation District #2 on this, the _____ day of __________, 200_____.
No improvements of any kind (including without limitation, trees, fences and buildings) shall be placed upon Hidalgo County Irrigation District #2 rights-of-way or easements.
________________
President - HCID #2
________________
Secretary - HCID #2
________________
Date
Approval by Hidalgo County Drainage District #1
Hidalgo County Drainage District #1 hereby certifies that the drainage plans for this subdivision comply with the minimum standards of the district adopted under Texas Water Code Sec. 49.211 (c). The District has not reviewed and does not certify that the drainage structures described are appropriate for the specific subdivision, based on generally accepted engineering. It is the responsibility of the developer of the subdivision and its engineer to make these determinations.
By:
Hidalgo County Drainage District No. 1
(11) 
To obtain final approval, a current “as-built” set of plans and specifications, detailing all improvements shall be submitted. The plans and specifications shall be sealed by a Professional Engineer registered in the State of Texas, and must have a current date and signature.
(a) 
Both the 100-year and 25-year floodplain elevations shall be provided:
(e) 
Processing of the Final Plat
The final plat may be considered officially approved when all fees and expenses are paid and all requisites of the subdivision have been met.
(Ordinance 06-06 adopted 9/26/06; Ordinance 2021-15 adopted 4/13/21)
The subdivider shall submit a separate design (plan and profile) for each of the following major separate improvements: 1) water; 2) sewer; 3) street; and 4) sidewalks and storm drainage. The designs shall comply with Major Construction Specifications provided by the City and the following requirements:
(a) 
Water System Standards.
(1) 
No City-owned water system or private utility providing water within the corporate limits of the City or within its extraterritorial jurisdiction shall provide water to any new subdivision, location, or customer unless the following requirements are met:
(A) 
A certificate has been issued by the City as required by Article II subsections (f) and (g) herein;
(B) 
The location shall be provided water from a water line no smaller than eight (8") inches in diameter at a distance no less than 500 feet;
(C) 
The residual pressure of the system within a radius of 750 feet of the location shall be 20 p.s.i. after a 750 gpm fire flow demand (the Residual Pressure).
(D) 
The design of the distribution system shall be such that a customer location shall be served from two separate water supply sources. This systematic redundancy will help ensure that all customers continue to receive water services in the event of a failure involving one water supply source.
(E) 
A fire flow certificate has been issued in conformance with Article IV herein.
(2) 
The design complies with Texas Administrative Code, Title 30 Environmental Quality, Chapter 290, Water Hygiene.
(3) 
If the system is City-owned, the Director of Utilities shall certify that the Residual Pressure of the system within a proposed subdivision requesting service will in all likelihood meet the minimum requirements set out herein.
(4) 
If the system is owned by a private utility which is certificated to provide service by the Texas Commission on Environmental Quality, the President of the Corporation, the Manager, or an Engineer, shall certify that the Residual Pressure of the system at a location or within the proposed subdivision requesting service will in all likelihood meet the minimum requirements set out herein.
(b) 
Sewerage System Standards
(1) 
On-site sewage disposal systems may be permitted in the urban designated extraterritorial jurisdiction or in the city limits, upon approval of the City, in a subdivision with lots, or on individual tracts, meeting the following criteria:
(2) 
For economic hardship caused by distance from existing facilities, and where the applicant is able to demonstrate that compliance with the subdivision requirements has not been circumvented by piecemeal metes and bounds conveyances;
(3) 
On lots which have at least 100 feet of frontage along an existing dedicated public right-of-way;
(4) 
On lots where a septic tank/drainfield has been constructed to county standards; and
(5) 
On lots where the owner of the property executes and delivers a contractual agreement for the extension of sewer utility lines.
(c) 
Streets.
(1) 
The arrangement, character, extent, width, grade and location of all streets shall conform to the requirements of the Major Thoroughfare Plan and shall be considered in their relation to the classification of thoroughfares, topographical conditions, public convenience and safety and in their appropriate relation to the proposed uses of the land to be served by such streets.
(2) 
Where such is not shown in the Major Thoroughfare Plan, the arrangement of streets in a subdivision shall either:
(A) 
Provide for the continuation of appropriate projection of existing arterial streets in surrounding areas; or
(B) 
Conform to a plan for the neighborhood approved or adopted by the Planning and Zoning Commission to meet a particular situation where topographical or other conditions make continuance of or conformance to existing streets impracticable.
(3) 
Where a subdivision abuts or contains an existing or proposed arterial street, the Planning and Zoning Commission may require marginal access streets, reverse frontage with screen planting contained in a 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 for affording separation of through traffic and local traffic.
(4) 
Where a subdivision borders on or contains a railroad right-of-way or the limited access highway right-of-way, the Planning and Zoning Commission may require a street approximately parallel 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 appropriate districts, [or] for commercial or industrial purposes in appropriate district. Such distances shall also be determined with due regard for requirements of approach grades and future grade separations.
(5) 
Reserve strips controlling access to streets shall be prohibited, with the exception of landscape strip areas required by this chapter.
(6) 
Street jogs with centerline offsets of less than one hundred and twenty-five (125) feet shall be prohibited.
(7) 
A tangent at least one hundred (100) feet long shall be introduced between reverse curves on arterial and collector streets.
(8) 
When connecting street lines deflect from each other at any one point by more than ten (10) degrees, they shall be connected by a curve with a radius adequate to insure a sight distance of not less than fifty (50) feet for residential and collector streets and of such greater radius as the Planning and Zoning Commission shall determine for other special cases.
(9) 
Streets shall be laid out so as to intersect as nearly as possible at right angles and no street shall intersect another street at less than sixty (60) degrees.
(10) 
All corner lots at street intersections shall contain corner clips of twenty (20) feet. The Planning and Zoning Commission may permit comparable cutoffs or chords in place of rounded corners as required in the Major Thoroughfare Plan.
(11) 
Half-streets shall be prohibited.
(12) 
No street name 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 and Zoning Commission.
(13) 
All residential streets or roadways shall be constructed with a prepared subgrade, a flexible base course and a surface of hot-mix asphaltic concrete. The prepared subgrade shall consist of six (6") inches of soil compacted to at least 98 percent of the maximum dry density as determined by ASTM D698. The moisture content of the subgrade shall be maintained within the range of optimum to three (3) percentage points above optimum until permanently covered. If the plasticity index (PI) of the existing subgrade is in excess of 20, the subgrade shall be treated with lime to reduce the (PI) to less than 20.
The flexible base course shall consist of eight (8") inches of material conforming to Texas Department of Transportation (TxDOT) 2004 Standard Specifications for Construction and Maintenance of Highways, Streets, and Bridges, Item 247, Flexible Base, Types A, B, or C, Grades 1 through 3. The flexible base course shall be compacted to a minimum of 95 percent of the maximum dry density as determined by ASTM D1557. The moisture content of the base course should be maintained within the range of three (3) percentage points below the optimum moisture content to three (3) percentage points above the optimum moisture content until permanently covered.
The surface of hot-mix asphaltic concrete shall have a thickness of one and one half inches (1-1/2"). The asphaltic concrete surface course shall conform to TxDOT 2004 Standard Specifications for Construction and Maintenance of Highways, Streets, and Bridges, Item 340, Dense-Graded Hot-Mix Asphalt (Method), Type D. The asphaltic concrete shall be compacted to a minimum of 92 percent of the maximum theoretical specific gravity (Rice) of the mixture determined according to Test Method Tex-227-F.
For other types of street or roadways, such as Secondary Arterial, or Primary Arterial, the subgrade preparation, base thickness, and pavement design shall be directed by the City Engineer.
(14) 
Projection of streets. Where adjoining areas are not subdivided, the arrangement of streets in the subdivision shall make provisions for the proper projection of streets into such unsubdivided areas.
(15) 
Dead-end streets. Dead-end streets shall be prohibited except as short stubs to permit future expansion.
(16) 
Cul-de-sac. In general, a cul-de-sac shall not exceed 600 feet in length, and shall have a turnaround of not less than 100 feet in diameter (right-of-way) with a pavement diameter of 80 feet in residential areas, and shall have a turnaround not less than 200 feet in diameter (right-of-way) with pavement diameter of 180 feet in commercial and industrial areas.
(17) 
Pavement widths and right-of-ways.
(A) 
Major and secondary thoroughfares shall have right-of-way widths and pavement widths as shown in typical street cross-sections of the major street plan.
(B) 
Collector streets shall have a minimum right-of-way width of 80 feet and a pavement width as specified by the city.
(C) 
Residential streets in a subdivision containing more than one access point to a higher classified roadway shall have a right-of-way width of at least 50 feet and a minimum paved width of 32 feet from back to back of curb. Residential streets in subdivisions containing only one access point to a higher classified roadway shall have a right-of-way width of at least 50 feet with an additional 5-foot utility easement adjoining the right-of-way line and a minimum paved width of 34 feet from back of curb to back of curb.
(D) 
Pavement widths and right-of-ways of streets forming part of the boundary of the subdivision (adjacent) shall be as follows:
a. 
Where the proposed subdivision abuts upon an existing street or half-street that does not conform to such subsection (17) of this section, the subdivider shall dedicate right-of-way width sufficient to make the full right-of-way to width to conform to such subsection, and there shall be paved so much of such right-of-way as to make the full pavement width comply with such subsection. Before any pavement is laid to widen existing pavement, the existing pavement shall be cut back two feet to assure an adequate subbase and pavement joint.
(18) 
Curbs. Curbs and gutters shall be installed by the subdivider on both sides of all interior streets, and on all streets forming part of the boundary of the subdivision.
(d) 
Sidewalks
Sidewalks shall be installed at the expense of the developer/homeowner in the manner described herein:
(1) 
On all residential streets by the homeowner during the construction of the dwelling unit;
(2) 
On all collectors and secondary arterials by the developer in accordance with the Major Thoroughfare Plan and shall be at least five (5) feet in width;
(3) 
Sidewalks shall be installed along both sides of residential streets which serve as collectors of traffic from minor streets, such as approaches to schools, playgrounds, shopping centers and other focal points of the community, or in areas where densities exceed three (3) families per net acre;
(4) 
Sidewalk design shall conform to the existing design in the immediate vicinity;
(5) 
All sidewalks shall be not less than four (4) feet in width, and four (4) inches in depth, and of concrete, stone, or masonry construction (a greater width may be required in multifamily, commercial, and industrial areas);
(6) 
Sidewalks be as nearly parallel to the street as possible;
(7) 
Sidewalks shall be placed so that they are at least three (3) feet from the curb or in line with existing sidewalks in the area;
(8) 
Additional sidewalks may be required as deemed necessary and in the interest of the City, by the Planning and Zoning Commission in commercial, industrial, public and multifamily areas; and such additional sidewalks as the developer may desire shall be permitted.
(e) 
Alleys.
(1) 
Except as provided, it shall be the policy of the City to prevent the inclusion of utility easements in single-family residentially zoned areas by the public and by the City as public alleys.
(2) 
Paved alleys shall be provided in all commercial and industrial districts, except that the Planning and Zoning Commission may waive this requirement where other definite and assured provision is made for services access, such as off-street parking and garbage disposal consistent with and adequate for the uses proposed.
(3) 
The minimum width of an alley shall be twenty (20) feet and shall be generally parallel to streets.
(4) 
Alley intersections and sharp changes in alignment shall be avoided, but where necessary, property lines at these intersections shall be rounded with a reverse radii of ten (10) feet to permit safe vehicular movement, specifically for garbage collection vehicles, and other commercial and industrial vehicles.
(5) 
If the Planning and Zoning Commission finds that alleys in a residential subdivision require paving, such alleys shall be paved in accordance with the specifications found in Section 4.00 Required Improvements.
(6) 
In all subdivisions after the effective date of the ordinance from which this subsection is derived, alleys shall be provided at the rear of all lots intended to be used for business purposes, unless otherwise provided. Alleys may be required to serve property to be used for residential purposes. Alleys shall be paved according to the city’s standard and specifications by the developer. The right-of-way for all alleys shall be dedicated to the public, or conveyed in fee to the city, unless otherwise approved.
(7) 
Alleys serving residential lots which abut major or minor arterials or major collectors, the residences on such lots:
a. 
In residential subdivisions which have lots abutting major or minor arterials or major collectors, the residences on such lots:
i. 
Shall not face the major or minor arterial or major collector, unless:
1. 
there shall be provided, in addition to any front setback, a 20-foot planting area between such lot and the major or minor arterial or major collector;
2. 
If rear garbage pickup and/or rear access are not available to such lot, there shall be placed a service street, in addition to the planting area, between the front lot line of such lot, and such planting area. Such service street shall also be at least 20 feet wide, and built to city plans and specifications by the developer.
ii. 
If not facing the major or minor arterial or major collector, still plan to have rear access and/or rear garbage pickup, shall have an alley between the rear lot line of such lots and the right-of-way line of the major or minor arterial or major collector. There shall also be constructed a buffer between such alley and such right-of-way line.
(f) 
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 fifteen (15) feet wide;
(2) 
Where a subdivision is traversed by a watercourse, drainage line, channel or stream, there shall be provided a storm drainage easement or drainage right-of-way of substantially the same width as 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) 
A fifteen (15) foot utility easement shall be provided along the perimeter of all subdivisions and shall be adjacent to the right-of-way line.
(g) 
Blocks.
The length, width, and shape of blocks shall be determined with regard to:
(a) 
Provision of adequate building sites suitable to the special needs of the type of use contemplated.
(b) 
Zoning requirements as to lot size and dimensions.
(c) 
Needs for convenient access, circulation, control and safety of street traffic including future traffic needs as envisioned in the Major Thoroughfare Plan.
(d) 
Limitations and opportunities of topography.
(e) 
Specific attention shall be given by Planning Staff and the Planning and Zoning Commission to length, width and shape of existing areas of the City.
(f) 
A block may not exceed 800 feet in length, except as provided in this section.
(h) 
Lots.
(1) 
Lot dimensions shall conform to the requirements of the Zoning Regulations.
(A) 
Depth and width of properties reserved or laid out for commercial and industrial purposes shall be adequate to provide for:
(i) 
building lines and setbacks;
(ii) 
off-street services such as garbage collection, parking and loading; and
(iii) 
off-street parking facilities required by the type of use and development proposed,
(B) 
Residential lots outside the City limits shall conform to the lot size requirements of the Zoning Regulation.
(2) 
[sic] Corner lots shall have extra width to permit appropriate building setbacks from both streets. At a minimum, corner lots shall conform to the requirements as set forth in the City’s Zoning Ordinance.
(C) 
Residential lots shall meet the following minimum requirements:
(i) 
Building side-yard setback on residential street - 10 feet.
(ii) 
Building side-yard setback on collector street and wider streets - 20 feet.
(iii) 
The maximum length-to-width ratio of single-family residential lots shall be as nearly feasible, 1 to 3.
(iv) 
Residential lots shall have a minimum width of 60 feet for anterior [interior] lots and 65 feet for corner lots, and a minimum length of 100 feet.
(v) 
The subdividing of the land shall be such as to provide, by means of a public street, each lot with satisfactory access to an existing public street.
(vi) 
Double frontage and reverse frontage lots shall be avoided except where essential to provide separation of residential development from traffic arteries or to overcome specific disadvantages of topography and orientation. A landscape strip easement of at least five (5) feet wide and across which there shall be no right of access, shall be provided along the line of lots abutting such a traffic artery. Said landscape strip shall conform to the requirements under Section 4.00 (K) [4.00 (b)(4)(K)].
(vii) 
Side lot lines shall be substantially at right angles or radical [radial] to street lines.
(D) 
Commercial Lots shall meet the following minimum requirements:
(i) 
Commercial lots shall have a minimum width of 100' and 200' in length, except as provided herein;
(ii) 
If the commercial area to be developed is two acres or greater in size, smaller commercial lots may be developed if a common parking easement is provided within the commercial development. The common parking area must meet the standards and specifications of the City’s Off-Street Parking Ordinance.
(iii) 
On principal arterials the setback shall be 60', along the expressway it shall be 120' feet.
(i) 
Parks and Playgrounds
(1) 
Dedication within Subdivision
Where a proposed park, playground, school, or other public use shown in the Comprehensive Plan is located in whole or in part in a proposed subdivision, the Commission may require the dedication or reservation of such area within the subdivision in those cases in which the Commission deems such requirements to be reasonable and shall pay fair market value for the land.
(2) 
Dedication by Developers
Developers shall be required to dedicate a portion of a residential subdivision for open uses in the following minimum amounts:
(A) 
One acre for every 20 acres (residential) of the gross developed area;
(B) 
If development is in excess of 40 acres, the developer shall dedicate one acre for every 20 acres of the gross developed area, plus $500 per acre or proportionately, for land area in excess of 40 acres. The land area set aside for parks shall be dedicated to the City.
(3) 
Fee in Lieu of Parkland Dedication
(A) 
In lieu of requiring the dedication of parkland for parks and recreational areas, a parkland fee is required to be paid, as a condition of plat approval, in the following amounts to the City, to be set aside, dedicated and used by the City for the purchase and development of parks and recreational areas:
(i) 
$675.00 per lot being platted for single-family residential purposes;
(ii) 
$675.00 per dwelling unit being platted for multifamily residential purposes; and
(iii) 
$675.00 per acre being platted for commercial or industrial purposes.
(B) 
The amount of fee to be paid as indicated in paragraph (A) above shall be increased each year by $25.00 dollars or by the latest adopted city fee schedule, whichever fee is greater, after the effective date of this paragraph, on January 1st.
Annual Increasing Fee Schedule
From:
To:
Fee per Lot/Unit/Acre
January 1, 2021
December 31, 2021
$675.00
January 1, 2022
December 31, 2022
$700.00
January 1, 2023
December 31, 2023
$725.00
January 1, 2024
December 31, 2024
$750.00
January 1, 2025
December 31, 2025
$775.00
(C) 
Timing of Payment.
(i) 
For development or construction that is located within the City’s Extraterritorial Jurisdiction (ETJ) or if the proposed development or construction is commercial or industrial (whether located within the City’s ETJ or within the City), the full payment of the fee in lieu of parkland dedication shall be made at or prior to the time of recording the final plat.
(ii) 
For residential development or construction located within the City’s corporate limits, such payment in lieu of land shall be made at or prior to the time of recording the final plat, or, if no plat is required, prior to the issuance of a building permit.
(iii) 
In the alternative, for residential development or construction located within the City’s corporate limits, 50% of the fee in lieu of parkland dedication may be made at the time of the plat approval, and the other 50% at the time of building permit with the fee allocated to each building permit applicant according to their pro rata share. If this alternative is selected, and as a conditional for final plat approval, the final plat:
(a) 
must contain a note that indicates that a fee in lieu [of] parkland must be paid prior to the construction of a dwelling unit; and
(b) 
that the fee in lieu of parkland to be paid shall be in the amount that is required at the time the building permit application is submitted.
(j) 
[Reserved]
(k) 
[Reserved]
(l) 
Raw Land
The provisions of this Chapter providing for a fee for parks and recreational purposes shall not preclude the acceptance of raw land for such purposes if the City Commission or the developer shall so agree. Upon the acceptance, the City Commission may waive all or any part of the fees required.
(m) 
Unsuitable Land
Land which the Commission has found to be unsuitable for subdivision due to flooding, bad drainage, and other features likely to be harmful to the safety, welfare, and general health of future residents, and which the Commission considers inappropriate for subdividing shall not be subdivided unless satisfactory methods for correcting same are formulated by the developer.
(n) 
Streetlights
(1) 
A plat may not be approved unless the subdivider has complied with the requirements of this section, if applicable.
(2) 
This section applies to the residential portion of a subdivision if the subdivision is located:
(a) 
at least partially inside the City limits; or
(b) 
outside the city limits, and the subdivider has requested annexation.
(3) 
A subdivider shall pay street lighting charges to the appropriate utility company.
(4) 
Streetlights shall be placed at a maximum of 240 feet apart.
(5) 
Height, style and composition of streetlights shall be approved by City Administration prior to installation.
(Ordinance 06-06 adopted 9/26/06; Ordinance 2021-15 adopted 4/13/21)
(a) 
Monuments
(1) 
Monuments shall be placed at all block corners, angle points, points of curves in streets and at intermediate points as required by the Commission.
(2) 
One boundary corner shall be marked with a concrete monument, unless a concrete monument exists on an adjacent platted subdivision within 1,300 feet of the proposed plat. Permanent markers along boundary lines may be spaced not more than 1,300 feet apart.
(3) 
Monuments shall be made of an iron rod three-quarter (3/4") inches in diameter and from 24" to 30" long with its top set flush with the ground.
(4) 
Iron pins at lot corners shall be of (1/2") inch iron rods, 24 inches long, with top set flush with the ground.
(b) 
Utility and Street Improvements
(1) 
Before beginning any construction of the improvements on proposed roadways or public utilities pertaining to the subdivision, the subdivider shall file with the City six (6) complete sets of plans and specifications of all construction, approved by the City Engineer and the Planning Director. These shall show such features as:
(A) 
roadways;
(B) 
cross-section;
(C) 
longitudinal slope for drainage;
(D) 
full description of proposed pavement or street improvement;
(E) 
their grade and slope;
(F) 
dimensions and specifications concerning public utilities to be installed showing proposed position on the ground;
(G) 
specifications of materials and construction;
(H) 
profile maps of all sanitary and storm sewers showing both ground surface and flow line and any other pertinent information of similar nature. If any part of the proposed construction is considered unsatisfactory by the City Engineer, or other duly responsible planning official, construction shall not be started on the affected portions until alterations are made so that the complete work shall comply to the standards approved by the City Engineer.
(2) 
Approval by the City Engineer or the Planning Director of a clean deviation from or inconsistency with the requirements of this Chapter shall not estop the City from enforcing a design that conforms to the requirements of this Chapter.
(3) 
The subdivider shall certify that the plan and specifications satisfies the requirements of this Chapter and shall point out with specificity any deviations therefrom and the specific authority authorizing the noted deviations.
(4) 
The following minimum standards for improvements shall be agreed to and complied with by the subdivider of each subdivision before final approval of a plat by the Commission:
(A) 
All streets shall be constructed according to specifications provided by the City Policy (Major Construction Specifications).
(B) 
All utility lines in a subdivision that pass under a street or alley shall be installed before the street or alley is paved. When it is necessary that the utility lines pass under the street or alley pavement, the appropriately sized casing shall be extended to a point at least three feet beyond the edge of the pavement.
(C) 
Curb and Gutter -
Combined monolithic curb and gutter shall be constructed on each side of each street within the subdivision in accordance with construction specifications provided by the City.
(D) 
Sidewalks, Alley-Pavement -
Sidewalks shall be required where called for in the Major Thoroughfare Plan or in this Chapter. When sidewalks are required, they shall comply with construction specifications provided by the City.
(E) 
Sanitary Sewer -
Each lot within a subdivision area shall be provided with a connection to a sanitary sewer. Generally, each subdivision plat shall include all proposed on-site improvements as well as all off-site improvements which shall conform to the City’s Master Sewer Plan. The minimum requirements are the following:
(1) 
Collection Lines:
(a) 
Subdivision mains shall have a minimum diameter of 8".
(b) 
House service line - 4" minimum diameter, with a 6" diameter preferred.
(c) 
Multifamily and Commercial service lines - 6" minimum diameter.
(d) 
Grade - minimum slope from the house to the collecting line shall be, 4" - 0.009 feet/foot, 6" - 0.006 feet/foot
(e) 
Materials - shall be any of the following:
(1) 
Cast iron soil pipe
(2) 
PVC gravity sewer pipe, SDR 26, bearing the NSF seal.
(2) 
Lift Stations:
If the design and construction of a lift station is required in order to meet the sanitary sewer needs of a development, the set of plans and specifications for the lift station shall clearly show compliance with Chapter 317 of the Texas Commission on Environmental Quality entitled, “Design Criteria for Sewerage Systems.” At a minimum the following list of items must also be addressed in the plans and specifications:
(a) 
The entrance to the lift station shall include a lockable latch;
(b) 
The lift station site shall be fenced with a six (6) foot high fence, type of fencing to be determined by City Administration.
(c) 
The location of the electrical equipment control unit shall be shown on the plans. The unit must be located at least 3 feet above the ground surface;
(d) 
Proper ventilation shall be provided for the lift station;
(e) 
The bottom of the wet well shall have a minimum slope of 10% to the pump intakes and shall have a smooth finish;
(f) 
The type of check valve being used must be stated. The check valve must be accessible without entering the wet well;
(g) 
The gate valve shown in the plan must include a position indicator;
(h) 
A flexible or flanged connection shall be installed in the piping to each pump so that the pump may be removed easily for repairs. Provisions shall be made in the design to allow flexure where the pipes pass through the walls of the lift station;
(i) 
Details of the force main shall be provided. A hydrostatic test shall be done on the force main which complies with § 317.2.d.4 of the Texas Commission on Environmental Quality;
(j) 
The velocity of all force mains shall comply with Chapter § 817.3.d.5 of the Texas Water Commission’s Rules;
(k) 
A lift station analysis for the proposed lift station in compliance with Subsection 317.3.c.4 of the Commission’s rules. The analysis should include the following items:
(1) 
Plots of appropriate system head curves (for both minimum and maximum operation conditions) together with superimposed pump head curves (indicated the capacity, horsepower, and impeller size of the chosen pumps). These curves need to be generated using C values of 100 and 140 and shall show the pumps operating at the various wet well levels.
(2) 
The firm pumping capacity of all lift stations shall be such that the expected peak flow can be pumped to its desired location. Firm pumping capacity is defined as the station’s maximum pumping capacity with the largest pump-out of service.
(3) 
Provide the wet well detention times and pump cycle times.
(4) 
Pump control elevations also need to be given.
(l) 
The Final Plat shall identify who will provide power for the lift station. Applicant shall provide for the power company 24-month history of power outages including the dates and durations of the power outages. A plan must be submitted which ensures that no spillage will occur from the lift station during either the maximum power outage during the last 24 months, or 20 minutes, whichever time is greater. This plan may utilize line storage, portable generators, or a combination of the two. Other options are also available as described in Chapter 317.3.e of the Commissioner’s rules. Identify the projected estimated power consumption at 25%, 50%, 75% and 100% of development at regular and peak flows, and based on current utility rates the estimate[d] utility cost;
(m) 
Applicant shall submit 2 copies of operation and maintenance manuals for each lift station[.]
(F) 
Water Lines -
Each lot within the subdivision area shall be provided with access to the City’s water supply. The layout shall be designed to form a loop system and the subdivision shall be provided service from two separate sources. No service laterals shall be smaller than eight (8") inches. Location of service laterals shall be marked on construction plans. Valves shall be appropriately provided at all connections to existing lines. For future connections, the City shall require the developer to extend the lines beyond its subdivision to public easements and provide valves and “ts” for future extensions. Construction shall comply with the City’s specifications.
(G) 
Off-Site Utility Lines -
Where it shall be determined by the City Engineer that larger mains or lines are required in order to provide for the future extension of the utility system beyond the limits of the subdivision in question the City may, providing funds are available, pay for the pipe in excess of the size required of the developer.
(H) 
Fire Hydrants -
Shall be as directed by the City Engineer. In general the type of fire hydrant used must be AWWA approved, cast iron fully bronze mounted, for a working pressure of 150 psi, have two standard hose connections, and one standard steamer connection with thread to conform to national standard. The variety of fire hydrant to be used will be the same as currently found within the City, or approved for use by the City Manager, Utilities Director, or the City Engineer. Fire hydrants shall be 14 inches from the top of the curb on [or] natural ground, whichever is higher, to the center of the 2-inch plug. The location of the fire hydrants will be such that it continues the pattern already established within the City of providing standard three-way fire hydrants connected to a six (6") inch main or larger in order that there will be a fire hydrant every 300 feet in commercial and industrial areas, and a fire hydrant every 500 feet in residential subdivision along the street.
(I) 
Cutoff Valves -
Shall be placed on all branch lines from the feeder mains, and between feeder mains and fire hydrants. In general, sufficient valves shall be provided so that a shutdown of a main line will not require the closing of a length of pipe longer than 500 feet in a commercial or industrial district and 1,200 feet in residential districts.
(J) 
Storm Drainage
(1) 
General:
(a) 
All drainage facilities including street curbs, gutters, inlets and pipes to the drainage outfall system shall be designed to intercept and transport runoff from a 10-year frequency storm.
(b) 
No improvements shall be constructed which will increase the frequency of flooding or the depth of inundation of unprotected structures in the 100-year floodplain or areas of flooding.
(c) 
Peak flows shall not be increased at any location for any frequency of storm, more frequent than the 10-year storm.
(d) 
Regulation of peak flows to allowable levels as determined by this chapter shall be achieved by storage on-site or off-site. Acceptable methods include swales, bermed areas, recreation areas, and ponds but the engineer is not limited to these methods.
(e) 
In subdivisions where the cost of off-site drainage is excessive in comparison to the overall cost of development, the City Commission may allow the developer to deposit with the City, an amount equal to the pro rata share of the planned drainage system evaluated for the year of proposed construction. All amounts paid to the City shall be held in a separate account and used for drainage improvements. This exception is allowable only if the proposed development will not cause additional flooding and/or the overloading of the existing drainage system.
(2) 
Street Drainage:
(a) 
Where additional hydraulic capacity is required on the street, curb inlets and storm sewers must be installed to remove a portion of the flow.
(b) 
Streets shall be graded to utilize natural existing flow patterns.
(c) 
No surface street flowing over 660 feet will be allowed.
(d) 
Storm drainage pipes shall be made of reinforced concrete, except as otherwise approved by the City Engineer and City Administration.
(3) 
Drainage Facilities:
(a) 
The drainage plan and statement will be submitted to City staff for review and approval.
(b) 
All drainage facilities for a proposed development will be constructed at the developer’s expense.
(c) 
Pipelines shall be sized so as to provide adequate capacity for the designated drainage area.
(K) 
Landscape Strip Areas
(1) 
A landscape strip area with a minimum width of five (5) feet shall be provided along the rear property lines of double fronting residential lots between the street right-of-way line and the rear property line. The rear property line of double fronting residential lots shall be the lot line adjacent to the street with the greater right-of-way or street with the greater traffic volume or street with the greater block length as determined in this order.
(2) 
A landscape strip area with a minimum width of five (5) feet shall be provided between the street right-of-way line and any adjacent alley, service drive or service street.
(3) 
A landscape strip area with a minimum width of five (5) feet shall be provided along the side property line of corner lots between the street right-of-way line and the side property line.
(4) 
A landscape strip area shall be designated by a lot number on the plat and specified as a common area.
(5) 
A cedar fence with masonry columns spaced every sixteen (16) to twenty (20) feet or a masonry wall, constructed of 8" x 16" concrete masonry units, with a minimum height of six (6) feet shall be provided within the landscape strip area along the property line of any adjacent lots, alleys or service drives, except where the wall will serve as a buffer between commercial and residential uses in which case the wall will be constructed of block or brick and reach a minimum height of eight (8) feet; and shall be constructed prior to final acceptance of the subdivision improvements.
(6) 
Landscape strip areas shall be sodded, seeded or hydromulched with grass. Ground covers and shrubs may be used in lieu of grass.
(7) 
Trees shall not be planted within twenty-five (25) feet of any intersection of a street, alley or driveway.
(8) 
An automatic water-saving irrigation system shall be provided and properly maintained for each landscape strip area to provide a moisture level to sustain plant materials on a permanent basis.
(9) 
A homeowners’ association shall be organized and it shall be required to maintain common areas including the trimming and replacement of vegetation, repair and replacement of irrigation systems, and repair and cleaning of buffer walls.
(Ordinance 06-06 adopted 9/26/06)
(A) 
Construction of Improvements Prior to Recording of Final Plat
Should the subdivider choose to construct the required improvements prior to recording the plat, he/she will submit to the City six (6) copies of plans and specifications of proposed improvements prepared by a qualified engineer. An inspection fee, as determined by the City of San Juan Fee Schedule, of estimated cost of improvements will be deposited with the City. The plans and specifications will be reviewed by the City Engineer to assure that the construction will conform to the City’s standards. All construction shall be inspected while in progress by the City Engineer or his designee. The work will be approved by the City Engineer or his designee and a statement signed by same stating that the construction conforms to specifications will be presented to the City Commission for their final approval of the plat for recording. Upon completion and acceptance, the contractor will present to the City a performance bond in the amount of the total cost of construction. The bond shall remain valid for one (1) year from the date of final acceptance by the City of all subdivision improvements.
(B) 
Bond Requirements and Other Financial Guarantees
(1) 
If the City Commission requires the owner of a tract to execute a bond, the owner must do so before subdividing the tract unless an alternative financial guarantee is provided under Subsection (c) [(e)(iii)]. The bond must:
(a) 
be payable to the presiding officer of the governing body or the presiding officer’s successors in office;
(b) 
be in an amount determined by the governing body to be adequate to ensure the proper construction or installation of the water and sewer service facilities to service the subdivision but not to exceed the estimated cost of the construction or installation of the facilities;
(c) 
be executed with sureties as may be approved by the governing body;
(d) 
be executed by a company authorized to do business as a surety in this state if the governing body requires a surety bond executed by a corporate surety; and
(e) 
be conditioned that the water and sewer service facilities will be constructed or installed:
(i) 
in compliance with the model rules adopted under Section 16.343, Water Code; and
(ii) 
within the time stated on the plat or on the document attached to the plat for the subdivision or within any extension of that time.
(iii) 
in lieu of the bond an owner may deposit cash, [or] a letter of credit issued by a federally insured financial institution.
(iv) 
If an irrevocable letter of credit is used, it must:
(a) 
list as the sole beneficiary the presiding officer of the governing body; and[1]
[1]
Editor’s note—Original has this as Subsection (f).
(b) 
be conditioned that the water and sewer service facilities will be constructed or installed:[2]
(i) 
in compliance with the model rules adopted under Texas Water Code Section 16.343; and
(ii) 
within the time stated on the irrevocable Letter of Credit which shall not exceed 12 months.
[2]
Editor’s note—Original has this as Subsection (d).
(Ordinance 06-06 adopted 9/26/06)
Upon the request of a developer, or upon the City’s own motion, the City Engineer shall prepare a proposal for pro rata reimbursement to the developer of a portion of the cost of extending off-site utilities consistent with the City’s off-site utilities reimbursement policy. Any reimbursement agreement shall be adopted and execute[d] at or prior to the date of final approval of the subdivision plot.
(Ordinance 06-06 adopted 9/26/06)
The Planning and Zoning Commission may recommend variances from this Chapter to the City Commission solely in those cases when in its opinion undue hardships will result from requiring strict compliance. In considering a variance, the Planning and Zoning Commission shall prescribe only conditions that it deems necessary or desirable in the public interest. In making the finding required below, the Planning and Zoning Commission shall take into account the nature of the proposed subdivision and the probable effect of such variance upon traffic conditions and upon the public health, safety, convenience, and welfare in the vicinity. No variance can be considered unless the Planning and Zoning Commission finds:
(A) 
That there are special circumstances or conditions affecting the configuration or other factor of the land involved such that the strict application of the provisions of this Chapter would deprive the applicant of the reasonable use of his/her land;
(B) 
That the variance is necessary for the preservation and enjoyment of the legal property rights of its owner;
(C) 
That the granting of the variance will not be detrimental to the public health, safety, or welfare or injurious to the legal rights other property owners enjoy in the area; and
(D) 
That the granting of the variance will not prevent the orderly subdivision of other land in the area in accordance with the provisions of this Code. Such findings of the Planning and Zoning Commission together with the specific facts upon which such findings [are] based shall be incorporated into the official minutes of the Planning and Zoning Commission meeting at which such variance is considered. Variances may be granted only when in harmony with the general purpose and intent of this Code so that the public health, safety, and welfare may be secured and substantial justice done. Financial hardship to the subdivider, standing alone, shall not constitute undue hardship.
(E) 
The City Commission shall have the ultimate power to grant or reject variances upon receipt of a recommendation from the Planning and Zoning Commission.
(Ordinance 06-06 adopted 9/26/06)
The City Commission finds that the additional requirements which it has imposed on property owners, developers, builders and utilities operating within its corporate boundaries and within its extraterritorial jurisdiction to conform their actions to the requirements of its comprehensive development plans impose a duty on the City to respond in a judicious and efficient manner to requests made under the regulations. Therefore, in order that property owners, developers, builders and utilities may satisfy the requirements of §§ 212.0115 and 212.012 of the Local Government Code and the requirements of these regulations without undue delay, the City Commission hereby orders as follows:
(a) 
Any owner or possessor of land within the City’s corporate boundaries or its extraterritorial jurisdiction as hereinafter defined may request that the City issue a certification that the land has been properly platted and subdivided in conformance with the City’s platting and subdivision regulations.
(b) 
Upon a written request as provided in subsection (a), which includes the legal description of the land, the Director of Planning or his designee shall determine, within no later than 5 days from the date of receipt of a written application, whether the land has been previously properly platted and subdivided as required by the City’s subdivision regulations. He shall so certify if the records and minutes of the City Commission so indicate.
(Ordinance 06-06 adopted 9/26/06)
In the event the plat of a subdivision has been disapproved by the Planning and Zoning Commission, the Subdivider may petition the City Commission for a hearing upon said rejection by filing a formal request for the hearing with the City Secretary after a public hearing, [and] the City Commission, upon 2/3 vote of it entire membership, may approve the subdivision or take other action consistent with the provisions of this resolution. The hearing shall be set within twenty-one (21) days after the filing of a request for the hearing.
(Ordinance 06-06 adopted 9/26/06)