The following regulations shall be and the same are adopted
and approved and shall be known as and may be cited as the "City of
Brownfield Subdivision Regulation."
(Ordinance adopting Code)
This article shall govern every person, firm, partnership, association,
corporation or other legal entity owning any tract of land within
the corporate limits of the City of Brownfield, Terry County, Texas,
and within the extraterritorial jurisdiction of the city pursuant
to Texas Local Government Code in Chapters 211 and 212, as from time
to time amended, who may hereafter divide any tract into two (2) or
more parts for the purpose of laying out any subdivision of any tract
of land or any addition to said city, or for laying out suburban lots
or building lots, or any lots and streets, alleys or parks or other
portions indicated for public use or the use of purchasers or owners
of lots fronting thereon or adjacent thereto.
(Ordinance adopting Code)
For the purpose of this article, certain terms and words are
hereby defined. Terms not defined herein shall be construed in accordance
with other ordinances of the city, other codes, Texas state statutes,
or their customary usage and meaning.
City.
Shall mean the City of Brownfield, Terry County, Texas.
Subdivision.
Shall mean any land division regulated as authorized by the
Texas Local Government Code and further described herein. The provisions
contained herein shall apply to any of the following forms or types
of land subdivision and development activity within the city limits
or extraterritorial jurisdiction.
(1)
The following conditions constitute a subdivision and require
subdivision approval:
(A)
The division of any lot, tract or parcel of land into two 2
or more lots or sites for the purpose of sale or building development
or transfer of ownership, whether immediately or in the future.
(B)
The re-subdivision of land or lots previously divided or platted
whether the approval was by Terry County, the City of Brownfield,
or was legally recorded in Terry County with no documented approval.
(C)
The combining of two or more contiguous tracts, lots, sites
or parcels for the purpose of creating one legal lot for development,
sale or for the purpose of construction of a structure or structures.
(D)
Division of land into parcels of any size which requires the
creation of streets or public access or rights-of-way.
(2)
The following conditions shall be exempt from subdivision approval:
(A)
Land legally platted and filed for record and provided with
public streets, rights-of-way and utility service prior to the date
of this article.
(B)
Inheritance, or testamentary division of property through wills,
trusts, estates or gifts of land by metes and bounds of tracts on
which no improvements or alterations are occurring.
(C)
Division of land created by court orders on lands on which no
improvements are made, no change in utility service is required and
no access by additional public streets or rights-of-way are required.
Shall or May.
The word "shall" is mandatory; the word "may" is permissive.
Plat.
Shall mean a map or chart of the subdivision. It shall include
the terms plan, plat or replat, both singular and plural.
Major Street.
Shall mean a principal traffic thoroughfare which continues,
or is intended to continue, across the city and which serves to connect
remote parts of the city. It may also be a principal connecting street
with state or federal highways.
Secondary or Collector Street.
Shall mean a continuous street through several residential
districts intended as a connecting street between residential districts
and major streets or business districts.
Extraterritorial Jurisdiction.
Shall mean that area adjacent to the corporate limits of
the city over which the city is authorized to control among other
things, subdivisions, building codes, public utilities or as prescribed
or defined by Texas State Law.
General Plan.
Shall mean a map or plat designed to illustrate the overall
general design features and street layout of a proposed subdivision
which is proposed to be developed and platted in sections.
Revised Plat.
Shall mean a plat which has been previously submitted and
is being resubmitted with changes.
Utility Commitment.
Shall be a letter from the city documenting that a proposed
plat can be adequately served with water and sewer according to historical
events on record, regulations of the Texas Natural Resources Conservation
Commission (TNRCC) or enforcement actions thereof and any utility
planning documents approved by the city council.
City Engineer.
Shall mean a State of Texas licensed engineer(s) retained
by the city.
Planning Documents.
Shall mean a written report, map or other document developed
by the city, the city's consultants or staff.
City Planning and Zoning Commission.
The city council shall appoint a planning and zoning commission
which shall review subdivision submittals, all planning and zoning
matters and recommend action to be taken to the council.
Legal Lot.
Shall mean any singular lot, platted, surveyed, legally divided
by metes and bounds and recorded for legal title with the Terry County
Clerk's office.
Building Code.
The term "Building Code" means the latest revision of the
building code identified in other City of Brownfield Ordinances as
"being adopted."
(Ordinance adopting Code)
(a) Regulations
to Control Subdivision of Land.
The city council of the
City of Brownfield does hereby adopt the following regulations to
control the subdivision of land within the corporate limits of the
City of Brownfield and within the extraterritorial jurisdiction thereof,
in order to provide for the safe, orderly and healthful development
of the community and to secure adequate provisions for traffic, light,
air, recreation, transportation, water, drainage, sewage, public safety
and other public facilities.
(b) Territorial
Limits of Regulations.
The jurisdiction of this article
shall include all land located within the corporate limits of the
city and all land lying within the city's extraterritorial jurisdiction.
The city's extraterritorial jurisdiction as established by state law
currently extends one (1) mile beyond its city limits.
(Ordinance adopting Code)
(a) City
Planning and Zoning Commission Approval Required.
It
shall be unlawful for any landowner or the agent of any landowner,
to lay out, identify, divide by metes and bounds, subdivide, plat
or replat any land into lots, blocks or streets within the jurisdictional
limits of the city without the approval of the planning and zoning
commission and the city council. It shall also be unlawful for any
owner or agent to offer for sale or to sell, or to otherwise transfer
ownership of any such property which has not been laid out, subdivided,
platted or re-platted in accordance with this article.
(b) City
Improvements Withheld.
The city shall make no improvements
nor will the city maintain any streets or furnish any public utility
service in any addition or subdivision for which an approved final
plat is not on file with the city secretary and legally recorded at
the county clerk's office.
(c) Building
Permits Withheld.
No street number or building permit
shall be issued for the construction of any building on any piece
of property subdivided after the date hereof, unless said property
has been subdivided or re-subdivided in accordance with this article.
(d) Penalties
to be Assessed.
Any owner, person, or entity of any type may be assessed penalties for the sale or otherwise transfer of ownership of land in violation of this article, or other violations, up to the amount provided for in Section
10.108 (Penalties) until the violation is remedied or otherwise ceases.
(Ordinance adopting Code)
(a) Preliminary
Plat.
(1) Required Copies; Filing Deadline.
The subdivider shall
submit a preliminary plan of the entire area being subdivided. Ten
legible copies shall be submitted to the city secretary for review
by the planning and zoning commission.
(2) Plat Requirements.
The plat shall be drawn to a scale
of one inch to one hundred feet (1"=100') and shall show and be accompanied
by the following information:
(B) Complete legal description by metes and bounds;
(C) Total acreage and numbers of lots and blocks;
(D) Name and address of the owner and the owner's agent;
(E) Name and seal number of registered engineers or surveyors responsible
for the project;
(F) Scale 1"=100' unless otherwise approved in writing;
(H) Date and date of each revision;
(I) Boundary dimensions and bearings;
(J) A survey tie to the original survey of which said land is a part;
(K) Name and location of adjacent subdivisions, streets, easements, pipelines,
watercourses, etc., and the property lines of adjoining property owners
in unsubdivided tracts;
(L) Existing and proposed topographic and planimetric features within
the subdivision, including watercourses and ravines, high banks, width
of existing or proposed easements, contour lines at one (1) foot intervals
and any other physical features pertinent to the subdivision;
(M) Existing transportation features within the subdivision including
the location and width of rights-of-way, streets, alleys and easements;
(N) Proposed features including location, width, surfacing and names
of streets; approximate width and depth of all lots, location of building
lines, alleys and easements; and schematic plans and outline specifications
for drainage, sanitary facilities and utilities.
(O) Designation of any sites for special uses including churches, sewage
disposal plants, water plants, business, industry or other special
land uses. If proposed use is unknown, show as undesignated. Where
a proposed site in the area taken in by a proposed addition or subdivision
is planned for a school, park or public building, such site shall
be reserved on the preliminary plat for the proposed facility.
(P) Limits of the 25 year and 100 year flood plan for all drainage ways
draining into or away from a ten (10.0) acre or more subdivision before
and after the development. If the subject subdivision is proposed
to be located on a tract contributing to downstream drainage ways
where damage to structures is known to occur, the aforementioned requirement
shall pertain to subdivision tracts of one (1.0) acre or more.
(Q) A written request for all variances, stating the justifications;
and
(R) Statement outlining the estimated average single family lot size;
and the estimated range of lot sizes by groupings of less than 7,000
square feet, 7,001-8,000 square feet, 8,001-10,000 square feet, 10,001-20,000
square feet, 20,000+ square feet.
(3) Utility Commitment Letters.
The subdivider shall submit
copies of utility commitment letters from all the utilities including
the City of Brownfield that will provide utilities for the subdivision.
(4) Building Inspector to Check for Complete Information.
The building inspector or other staff so designated is to check that
the above information has been included in the submittal. If the submittal
is not complete, it will be returned prior to further review.
(5) Planning and Zoning Commission to Review Within Forty-Five 45 Days.
The planning and zoning commission shall review the preliminary
plat, and within forty-five (45) days, act upon said plat as submitted
or as modified and if approved, shall express its approval as "conditional
approval" and state the conditions of such approval if any, or if
disapproved, shall express its disapproval and the reasons therefore.
At the meeting during which the preliminary plat is reviewed, the
party submitting such plat shall appear in person or by agent or by
attorney.
(6) Planning and Zoning Commission to Note its Action.
The
planning and zoning commission shall note its action and conditions,
if any, on four (4) copies of the preliminary plat.
(7) Distribution of Plat Copies.
Of the four (4) copies,
one (1) shall be returned to the subdivider, one (1) shall be filed
with the city secretary, one (1) shall be furnished to the building
official, and one (1) shall be retained by the planning and zoning
commission.
(8) Authority to Proceed.
Approval of the preliminary plat
does not constitute acceptance of the subdivision, but is authority
to proceed with the preparation of the final plat. Any work done on
the subdivision before a final plat is accepted and recorded is done
at the subdivider's risk and is discouraged. All approved preliminary
plats expire at the end of one (1) year. The planning and zoning commission
may, if written request from the subdivider is received prior to the
end of the one year period, grant an extension for up to one (1) additional
year. If any major changes are required by the planning and zoning
commission, the commission may require submission of a revised preliminary
plat for approval.
(b) Final
Plat.
(1) Required Copies; Filing Deadline.
Subdivider shall provide
one (1) reproducible double matte mylar copy and ten (10) legible
white print copies of the final plat to the planning and zoning commission
after the preliminary plat has been approved and all required changes
and alterations thereto have been made.
(A) No final plat will be considered unless a preliminary plat has first
been submitted and approved, except:
(i) that the requirement of a preliminary plat may be waived in writing
by the planning and zoning commission if in the commission's opinion,
the proposed subdivision requires no new streets or utilities and
has an established land use by either existing zoning or existing
development; and
(ii)
when the requirement for a preliminary plat is waived in accordance
with (i) above, the applicant shall provide a list of adjacent property5owners
and a public hearing shall be held by the planning and zoning commission
in conjunction with consideration of the final plat.
(iii)
The final plat shall be filed with the city secretary at least
fifteen (15) days prior to the meeting at which approval is requested.
(B) Plat Requirements.
The final plat shall be drawn on
substrate of the type, size and configuration as currently required
for filing at the county clerk's office of Terry County and to a scale
of one inch to one hundred feet (1"=100'). Where more than one (1)
sheet is required, an index sheet of similar size shall be filed showing
the entire subdivision.. All restrictive covenants are to be shown
on the Index sheet or separate sheet. The currently accepted size
is 18 inches by 24 inches and the material is double matte mylar.
The following information will be shown on or will accompany the plat:
(i) A title including the name of the subdivision, the name of the landowners
or owners, the name of the registered public land surveyor responsible
for the preparation of the plat, the scale and location of the subdivision
with reference to an original corner of the original survey of which
said land is a part; the date, north point and total acres in the
subdivision.
(ii)
The certificate of the registered public land surveyor who surveyed,
mapped and monumented the land shall be placed on the face of the
plat as follows:
"THE STATE OF TEXAS
|
§
|
COUNTY OF TERRY
|
§
|
KNOW ALL BY THESE PRESENTS
|
That, I, __________ R.P.L.S. do hereby certify that I prepared
this plat from an actual and accurate on the ground survey of the
land and that the corner monuments shown thereon were properly placed,
under my personal supervision, in accordance with current "Minimum
Standards for Professional Land Surveyors" as adopted by the Texas
Board Of Professional Land Surveying and in accordance with the Subdivision
Regulation of the City of Brownfield, Texas.
|
Original Signature and Seal of Registered Professional Land
Surveyor Registration Number"
|
(iii)
A certificate of ownership and dedication to the public of all
streets, easements, alleys, parks, playgrounds or other dedicated
public uses, signed and acknowledged before a notary public by the
owners and any holders of liens against the land.
(iv)
An accurate on-the-ground boundary survey of the property with
bearings and distances showing the lines of all adjacent land, streets,
easements and alleys with their names and width. (Streets, alleys,
and lot lines in adjacent subdivisions shall be shown dashed.) All
necessary data to reproduce the plat on the ground must be shown on
the plat.
(v) A certificate of approval to be signed by the chairman of the planning
and zoning commission and the city secretary shall be placed on the
face of the plat. The plat shall show all existing features within
the area being subdivided, such as existing watercourses, railroads,
width of streets, alleys and easements to be retained and other physical
features deemed pertinent to the subdivision.
(vi)
Streets, alleys and easements that are to be dedicated shall
be shown with the following engineering data: complete curve data
(delta, length of curve, point of tangency) shown on the centerline
of on each side of the street; length and bearing of all tangents;
dimensions from all angle points of curve to an adjacent side lot
line shall be provided. The number of feet of roadway shall also be
shown on the plat.
(vii)
Lot and block lines and numbers of all proposed lots and blocks
with complete dimensions for front, rear and side lot lines.
(viii)
Building setback lines shall be shown on all lots.
(ix)
Two (2) sets of plans and specifications prepared by a State
of Texas licensed engineer shall be provided for the installation
of water, sewer, paving and drainage, and said plans and specifications
must be approved by the city engineer or designated city official
prior to the beginning of any construction of the subdivision.
(x) A receipt showing that all taxes have been paid shall be submitted
with the final plat.
(xi)
The planning and zoning commission shall be satisfied that the
subdivider will be in a financial position to install or cause to
be installed at his own cost, risk and expense all of the improvements
herein required. The planning and zoning commission may require such
security as it, in its sole and absolute discretion, may deem best
in order to insure the orderly development within any subdivision.
(xii)
It is expressly understood that as a condition to the approval
of said subdivision, no sales will be completed until all utilities
are installed and all other improvements required by this Article
are made, and approved within the block in which said lot is contained.
(xiii)
Drainage easements to cover the limits of the 25 year floodplain.
(xiv)
Limits of the 100 year floodplain and a citation of the source
of floodplain data.
(xv)
Minimum finished floor slab elevations, at a minimum of two
(2) feet above the 100 year floodplain level, for all lots adjacent
to or affected by the floodplain.
(xvi)
Slab elevations on all structures are to be a minimum of one
and one half (1 1/2) feet above the highest top of the curb along
the front lot line.
(xvii)
A certificate of a State of Texas Licensed Professional Engineer
shall be placed on the face of the plat as follows:
"STATE OF TEXAS
|
§
|
COUNTY OF TERRY
|
§
|
I, __________, do herby certify that the information contained
on this plat complies with the Subdivision Regulations and any storm
water drainage policy adopted by the City of Brownfield, Texas.
|
Original Signature and Seal of State of Texas Licensed Professional
Engineer License Number"
|
(xviii) Planning and Zoning Commission to Review Final
Plat.
The planning and zoning commission shall review
the final plat, and when satisfied that all conditions and requirements
have been met, the planning and zoning commission shall approve said
plat, using the following format:
Approved this day of __________, 20_____, by the Planning and
Zoning Commission of the City of Brownfield, Texas.
|
____________________
Chairman
|
____________________
City Secretary
|
(xix)
Disapproval of the Final Plat.
Should the final
plat as submitted, fail to meet the conditions and requirements of
the article, the planning and zoning commission shall disapprove the
plat and note its disapproval thereon, and attach thereto a statement
of the reasons for disapproval. In the event of disapproval, the city
may withhold all city improvements of whatsoever nature including
furnishing of sewer facilities and water service from all additions
which have not been approved as provided by law and further permits
may not be issued by the building inspector or designated public official
of the city on any piece of property other than an original or a re-subdivided
lot in a duly approved and recorded subdivision.
(xx)
Time of Approval.
Approval or disapproval of the
final plat shall be voted by the city planning and zoning commission
within forty-five (45) days after submission of said final plat. Failure
to act within forty-five (45) days of the regularly scheduled meeting
at which the plat would have been presented, shall constitute approval
by the planning and zoning commission unless additional time is requested
by the developer.
(c) Only
One (1) Plat Required.
If the preliminary plat of a subdivision
meets with the hereinbefore set forth requirements for a final plat,
the planning and zoning commission may on request of the subdivider,
consider such plat as a final plat and approve or disapprove the same
as such. If the preliminary plat is approved only as such, a final
plat shall be filed in accordance with the other provisions of this
subdivision article. If the subdivider elects to use this alternative,
then he shall provide one (1) reproducible tracing and ten (10) white
print copies of the plat to the planning and zoning commission.
(d) Utilities.
If a subdivider or developer wishes to obtain city water, sewerage
or other services for his proposed or revised subdivision, he shall
be required to obtain approval in writing for the number of proposed
or revised lots prior to submitting a final plat or revised plat to
the planning and zoning commission for its approval pursuant to the
terms and provisions of this subdivision article.
(1) After a proposed final or revised plat has been issued, approved
for utilities and has received final approval by the planning and
zoning commission, no additional approval shall be required for the
final issuance of building permits for lots located within the approved
subdivision.
(2) Application for Utilities.
(A) With respect to an application for utilities, the city engineer will
be primarily guided by the most current planning documents approved
by the city council.
(B) The city engineer shall issue an opinion to the planning and zoning
commission and city council based on his interpretations of regulations
by the TNRCC, historical performance of the utility and sound engineering
practice. The planning and zoning commission shall issue a utility
commitment letter in accordance with action taken by the commission.
(C) Any participation in off-site utilities by the City of Brownfield
shall be approved by the city council.
(e) Minor
Amendments.
The building inspector shall have the authority
to approve the following plat amendments which may be recorded and
shall be controlling over the preceding plat without vacation of that
plat, if the amending plat is signed by the applicants and is solely
for one or more of the following purposes:
(1) to correct an error in a course or distance shown on the preceding
plat;
(2) to add a course or distance that was omitted on the preceding plat;
(3) to correct an error in a real property description shown on the preceding
plat;
(4) to indicate monuments set after the death, disability or retirement
from practice of the engineer or surveyor responsible for setting
monuments;
(5) to show the location or character of a monument that has been changed
in location or character or that is shown incorrectly as to location
or character on the preceding plat;
(6) to correct any other type of scrivener or clerical error or omission
previously approved by the planning and zoning commission, including
lot numbers, acreage, street names and identification of adjacent
recorded plats;
(7) to correct an error in courses and distances of lot lines between
two adjacent lots if:
(A) both lot owners join in the application for amending the plat;
(B) neither lot is abolished;
(C) the amendment does not attempt to remove recorded covenants or restrictions;
and
(D) the amendment does not have a material adverse effect on the property
rights of the other owners in the plat;
(8) to relocate a lot line to eliminate an inadvertent encroachment of
a building or other improvement on a lot line or easement;
(9) to relocate one or more lot lines between one or more adjacent lots
if:
(A) the owners of all those lots join in the application for amending
the plat;
(B) the amendment does not attempt to remove recorded covenants or restrictions;
and
(C) the amendment does not increase the number of lots;
Notice, a hearing, and the approval of other lot owners are
not required for the approval and issuance of an amended plat under
this subsection.
|
(Ordinance adopting Code)
(a) The
subdivider shall retain the service of a qualified State of Texas
licensed professional engineer. The engineer shall design the items
as follows:
(4) Calculation of floodplains
(5) Set slab elevations in relationship to floodplains
(b) The
engineer's utility plans shall meet the minimum requirements for submittal
to TNRCC and shall be on 24" by 36" paper. It shall be signed and
sealed by the engineer and include all information for the construction
of the project. Specifications are to be in bound sets or on the face
of the plans to assure that all city requirements are followed.
(c) The
licensed engineer responsible for the project is to perform periodic
inspections to determine if the work is performed in substantial conformance
with the approved plans and specifications.
(d) When
the project is complete and tested, the engineer is to certify to
the City of Brownfield that the work both on an off site, if any,
has been performed in substantial conformance with the approved plans,
specifications and change orders. Engineer is to deliver to the city
a reproducible copy of record plans for the project and three sets
of blue lines. The plans are to be clearly marked as "RECORD" drawings
with all record changes signed by the responsible engineer.
(e) The
subdivider shall provide a one year warranty on all work located in
dedicated city rights-of-way or easements including all utilities,
streets, drainage, street lights or other improvements. The warranty
is to begin at final acceptance by the city.
(f) The
subdivider shall be responsible for constructing paved streets, curbs
and gutters within the subdivision, subject to the conditions contained
herein.
(1) Arrangement.
Unless otherwise approved by the planning
and zoning commission, provision shall be made for the extension of
major streets through any new subdivision. Collector streets shall
be provided as required by the planning and zoning commission for
the circulation of traffic through the subdivision and the connection
thereof to the major streets. Adequate minor streets shall be provided
to accommodate the subdivision, and off center street intersections
with streets in an adjacent subdivision should be avoided. All major
and collector streets shall be continuous or in alignment with existing
streets unless variations are deemed advisable by the Commission due
to topography and requirements of traffic circulation. A minimum of
one future access, by street, to all adjacent tracts is to be maintained
through stub-out streets as approved by the planning and zoning commission.
Residential developments which introduce new street systems
shall be encouraged within the framework of applicable ordinances
to plan street systems that offer curvilinear design while facilitating
safe and adequate traffic circulation and drainage compatible with
existing patterns.
(2) Street Design Criteria.
(A) Soils Investigation.
The subdivider shall, at his own
expense, cause to be made a soils investigation by a qualified and
independent State of Texas licensed geotechnical engineer. The field
investigation shall include test borings or profile holes within the
right-of-ways of all proposed streets. The number of locations of
such borings or holes shall be submitted to the city engineer for
review. Acceptance of the boring plan by the city engineer does not
constitute approval of the plan. The geotechnical engineer of record
is the responsible engineer for this work. A minimum depth of holes
is to be ten (10) feet. For each individual soil layer identified
in each boring, the atterberg limits, Plaseticity Index (PI), moisture
content, and other required data and information to quantify the bearing
capacity, shrink-swell potential, and other characteristics necessary
for a pavement design shall be determined. The method used for these
determinations shall be the same as those used by the Texas Department
of Transportation (TxDOT) using their latest Manual of Testing Procedures,
100-E Series test methods. The results of the soils investigation
shall be presented to the subdivider and to the city engineer in written
report form.
(B) Pavement Design.
Pavement design for collector and residential
streets shall consist of surface pavement, flexible base, asphalt
stabilized base (as applicable), and compacted subgrade shall be designed
in accordance with accepted engineering practices for the conditions
and expected traffic loads. In no case shall a hot mix asphaltic cement
surface course be less than two (2) inches in thickness nor shall
a flexible base course be less than six (6) inches in thickness even
though an engineered pavement design demonstrates that a lesser thickness
would be sufficient. Flexible base and asphalt stabilized base (as
applicable) courses shall be carried at full thickness to a distance
of one (1) foot outside of the back of the curb and gutter section.
For major thoroughfare streets, a pavement design is require and shall
be based on the TxDOT triaxial design criteria as follows:
Type of Street
|
Total Equivalent 18 Kip Single Axle
|
Load Frequency Design Factor Load Application
|
Wheel Design Load Kips ATDH
|
---|
Major Thoroughfare
|
1,500,000
|
1.15
|
12
|
A written report containing pavement design data and
recommendations based on the soils investigation shall be prepared
at the subdivider's expense by a State of Texas licensed engineer
and shall be presented to the subdivider and to the city engineer.
The report shall state the load criteria and the soil classifications
used.
(C) Curb and Gutter.
All streets shall have reinforced concrete
curbs (minimum concrete strength of 3,500 psi) described as follows:
Height above pavement
|
6"
|
Thickness
|
6"
|
Concrete Gutter width
|
18"
|
Overall width
|
24"
|
Overall height above subgrade
|
12"
|
Valley Gutters (minimum concrete strength 4,000 psi)
|
|
Thickness
|
6" min
|
Width
|
6'-0" min
|
Reinforcement
|
#4 rebar W 8" on-center each way
|
Minimum Radii
|
|
Street Intersections
|
20"
|
Alleys
|
10"
|
Commercial Driveways
|
20"
|
Residential Driveways
|
10"
|
(3) Street Widths.
Note all widths are back to back of curb
unless otherwise noted.
(A)
|
Major Streets
|
R.O.W. 80'
|
Pavement 56'
|
(B)
|
Collector Streets
|
R.O.W. 60'
|
Pavement 40'
|
(C)
|
Minor or Residential Streets
|
R.O.W. 50'
|
Pavement 36'
|
(D)
|
50' either side of major intersections
|
Widened per commission approval
|
(4) Curve Centerline Radii
(A)
|
Major Streets
|
Radius 2,000' or less based on design sped and good engineering
practice as approved by the commission
|
(B)
|
Collector Streets
|
Radius 400'
|
(C)
|
Minor Streets
|
Max. 150'
|
(D)
|
Reverse Curves
|
Min. connecting tangent 100'
|
(5) Intersection Separation
Minimum
|
150' centerline to centerline
|
(6) Intersections
(A)
|
Intersecting angle
|
80 degrees without variance
|
(B)
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Acute angles
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Curb radii min., 25'
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(7) Cul-De-Sacs
(A) Maximum length dead-end street 600'.
(B) Dead-end streets at boundaries to adjacent tracts that are developable
will be allowed with proper signage.
(C) Minimum diameter 80' pavement.
(D) Minimum diameter 100' R.O.W.
(E) Temporary turn-a-round required on stubbed out future streets in
excess of 400' long.
(8) Street Names.
Similar street names are to be avoided.
List to be submitted to city and U.S. Post Office prior to putting
on plat.
(g) Sidewalks.
Sidewalks are to be included in deed restrictions for residential
subdivisions. All sidewalks shall be solely within the right-of-way
and 48" wide unless the sidewalk is immediately adjacent to the back
of curb at which it will be 60" in width with minimum building code
reinforcement. Fibrous reinforcement is permitted. Minimum concrete
strength shall be 3,500 psi. Sidewalks are required in deed restrictions
for commercial/retail subdivisions, unless concrete paving is used
in appropriate areas. Sidewalks and all handicap access ramps at all
street intersections shall meet the requirements of the Texas Accessibility
Standards of the Architectural Barriers Act as administered by the
Texas Department of Licensing and Regulation.
(h) Lots.
(1)
|
Area
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7,000 square feet minimum
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(2)
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Sizes
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Further described in zoning ordinance
|
(3)
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Width
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60 feet minimum
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(4)
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Facing
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Minimum frontage 50' unless in cul-de-sacs
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(i) Blocks.
(1) Block Length.
(A)
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Through Streets
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Minimum 1,350 feet
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(B)
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Major Streets
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Minimum 1,500 feet
|
(j) Building
Lines.
Building lines shall be as established in the
City of Brownfield Zoning Ordinance.
(k) Easements.
(1) Drainage and Public Utility Easements are to be:
Front Lot
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10'
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Rear Lot
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10'
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Side Lot
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5'
|
(2) To contain 25 year design storms flows.
(3) As otherwise necessary for maintenance.
(l) Drainage
and Storm Sewers.
(1) Storm sewers and drainage ways are to contain 25 year storms.
(2) Storm flows into and out of a tract are to be controlled to prevent
flooding of existing structures and facilities, and increasing 100
year storm elevations up or down grade of the tract resulting in damage.
(3) 100 year floodplains are to be shown on all site plans and plats.
(m) Existing
or Major Streams.
Major streams shall not be modified
without consent of applicable state and federal agencies.
(n) Sedimentation
Controls.
Brush berms, hay bales, sedimentation basins
and similar recognized techniques and materials shall be employed
during construction to prevent point source sedimentation loading
of downstream facilities.
(o) Water
Systems.
The subdivider shall provide all water lines
necessary to properly serve each lot of the subdivision and ensure
that existing and/or new water facilities can supply the required
demand for domestic use and for fire protection at the desired pressure.
The subdivider shall install all mains and shall extend the service
to all lots terminating thereon with a curb stop and meter box. The
subdivider shall submit a certificate to the city council certifying
that the system has been designed in accordance with the requirements
of the "TNRCC" and rules of the Texas Insurance Commission.
(1) Water Mains.
(A) Piping for water mains and connections shall be ductile iron Class
150, or PVC AWWA C-900 Class 150, either mechanical or single rubber
gasket joint. Service piping shall be copper or plastic as approved
by building code.
(B) Water mains used for fire protection shall not be smaller than six
inches.
(C) All lateral lines through alleys shall be not smaller than four inches
and should be looped to a six inch minimum main line.
(2) Fire Hydrants.
(A) Fire hydrants are to be compatible with the existing equipment in
the city to assure availability of parts.
(B) Fire hydrant nozzles, threads and thread type to be compatible with
fire department equipment and nozzles.
(3) Intersection Valves and Line Valves.
(A) All water system valves are to be AWWA gate valves with operator
boxes as designed for buried service. A list of approved manufacturers
are available at city hall.
(B) Three valves are required at four way intersections unless four direction
feed is possible. A minimum of two valves are required at tees. Location
of the valves shall be reviewed with the City of Brownfield water
utilities staff.
(p) Sanitary
Sewer System.
All subdivisions shall be provided with
a sewage disposal system approved by the TNRCC.
(1) Connection With Sanitary Sewer System Required Exception.
Connection with the sanitary sewer system shall be required except
where the planning and zoning commission determines that such connection
would require unreasonable expenditure of funds when compared with
other methods of sewage disposal. Where septic tanks are installed,
the subdivider shall conduct percolation tests on each lot under the
supervision of a State of Texas licensed engineer or sanitarian and
determine the adequacy of the lots sizes proposed in accordance with
septic tank regulations of the City of Brownfield and the TNRCC.
(2) Materials of Construction.
Gravity sewer in normal,
buried service shall be a minimum diameter of 6" and shall be SDR
35 PVC pipe that complies with ASTM D-3034. The cell classification
shall be 12454B as described in ASTM D-1784. Elevated crossing, bores,
road crossings and conflicts with water lines, pipe may be ductile
iron or other type pipe as required by other agencies, such as the
TxDOT, or as approved in writing by the building official. Any sewer
crossing a TxDOT roadway must have a permit issued by the TxDOT district
office in Lubbock, Texas.
Sewers shall be constructed according to the TNRCC Regulations.
Sewer lines will be properly bedded in a bedding material suitable
for the depth and location of the sewer. All bedding designs will
be included on the plans that are submitted to the city for review.
(3) Piping Size.
Six (6") inch diameter pipe shall be the
minimum acceptable for sewer mains and lines. All sewer mains shall
be graded to minimum acceptable grades as allowed by TNRCC.
(4) Manholes.
Manholes shall be spaced at all changes in
direction and not more than 400 feet apart. Manholes shall be constructed
of precast concrete sections with poured floors, or concrete precast
complete manholes and shall comply with ASTM C-470. Neoprene gaskets
are required in all penetrations. Minimum concrete strength for all
manhole components shall be 4,000 psi.
(5) Force Mains.
Force mains shall be ductile iron or pressure
class 150 PVC pipe and fittings, pressure class pipe shall have either
mechanical joints or rubber gasket joints, approved by the building
official.
(q) Street
Lighting.
Street lighting shall be provided by the developer
and shall conform to the current edition of the Illuminating Engineering
Society Handbook. Lighting levels shall be as recommended for very
light traffic; lit residential areas; medium traffic on feeder streets;
and heavy traffic on thoroughfares.
(r) Traffic
Control Signs, Street Signs and Water Meter Boxes.
All
traffic control signs shall be provided and installed by the developer
and shall conform with the Texas Manual on Uniform Traffic Control
Devices for Streets and Highways, Vols. 1 and 2. All street signs
and water meter boxes shall be provided and installed by the developer,
and said street signs and water meter boxes must meet the specifications
set forth by the city of Brownfield.
(s) Flood
Regulation.
All floodplain calculations, and the design
of changes to the floodplain shall be in accordance with the Emergency
Phase of the National Flood Insurance Program, Article 8280-13, V.A.C.S.
The city shall review each proposed subdivision to assure the following:
(1) Proposals to Minimize Flood Damage.
All such proposals
shall be consistent with the need to minimize flood damage.
(2) Public Facilities to Minimize Flood Damage.
All public
utilities and facilities, such as sewage, gas, electrical and water
systems shall be located, elevated and constructed to minimize or
eliminate flood damage.
(3) Adequate Drainage to be Provided.
Adequate drainage
shall be provided so as to reduce exposure to flood hazards.
(Ordinance adopting Code)
(a) Violation
of any Provision of Article.
Violation of any provision
or provisions of this article by any person, or corporation shall
constitute a misdemeanor and upon conviction of such violation in
Municipal Court of the City of Brownfield shall be punishable by a
fine in accordance with the general penalty provision set forth in
Section 1.109 of this code, furthermore each violation shall constitute
a separate offense and each day a violation continues shall constitute
a separate offense.
(b) Other
Legal Remedies.
No conviction or convictions under the
penal provision of this article, under the Texas Penal Code shall
ever be considered as any bar to any injunctive or other legal remedy,
relief, right or power existing in the City of Brownfield, Texas,
to enforce the application and provisions of this article by virtue
of the Constitution and laws of the State of Texas.
(c) Compliance
With Other Laws, Rules, Regulations or Ordinances.
Nothing
in this article shall be deemed to relieve the obligation of the subdivider
to comply with ordinances, rules and regulations, and laws of any
other jurisdiction including Terry County, the State of Texas or the
Federal Government.
(Ordinance adopting Code)
When a subdivider can show that a provision of these regulations
would cause unnecessary hardship if strictly adhered to and where,
because of some condition peculiar to the site, in the opinion of
the planning and zoning commission and city council, a departure may
be made without destroying the intent of such provisions and which
does not establish undesirable precedence, the city council upon recommendation
of the planning and zoning commission may authorize a variance. Variances
shall not be detrimental to the public health, safety or welfare,
and shall not be injurious to other property. All requested variances
must be fully described in writing along with the full justification
including citations from laws, policies, design manuals, regulations
and other documentation, and submitted along with the plat submittals.
Exhibits of data and documentation may be required. The planning and
zoning commission shall have the authority to hold a public hearing
if deemed necessary and formally notify adjacent or otherwise directly
affected property owners and take the resulting testimony and any
other data into consideration in their recommendation to the city
council. A variance may be granted conditionally based on agreed to
conditions that may be affected by future actions. Conditional variances
granted during or before the preliminary plat may be denied during
the final plat approval, if the conditions or future actions do not
occur.
(Ordinance adopting Code)
The engineer representing the subdivider shall present to the
planning and zoning commission, reproducible complete "Record Drawings"
for all paving, drainage structures, water lines and sewer lines within
thirty (30) days after completion of each contract. All drawings shall
be obviously marked as built or record drawings, and signed and dated
by the licensed engineer of record.
(Ordinance adopting Code)
The following schedule of fees and charges shall be paid into
the general fund of the city of Brownfield when any map or plat is
tendered to the planning department, and each of the fees and charges
provided herein shall be paid in advance and no action of the city
planning and zoning commission or any other board or any other agency
shall be valid until the fee shall has been paid.
(1)
|
Preliminary Plat
|
First submittal, fifty dollars ($50.00) plus three dollars ($3.00)
per acre
|
(2)
|
Final Plat
|
First submittal, fifty dollars ($50.00), plus three dollars
($3.00) per acre
|
(3)
|
All Re-Submittals
|
No charge for the first re-submittal; second and subsequent
re-submittals - one half the cost of the original submittal
|
(Ordinance adopting Code)
The planning and zoning commission may at any time recommend
amendments to any section of this article. The city council shall
approve or disapprove any amendment at a public meeting. If an ordinance
is disapproved, the city council shall advise the planning and zoning
commission of the reasons for the disapproval. The city council and
the planning and zoning commission may hold one or more public hearings
to consider testimony regarding any amendments to this article.
(Ordinance adopting Code)