(a)
The purpose
of this article is to set forth the general rules and regulations
governing the platting and subdivision of land within the territorial
limits and extraterritorial jurisdiction of the town to provide for
the orderly, safe, moral and healthy development of the area within
and surrounding the town and to promote the health, safety, morals
and general welfare of the community.
(b)
Every
owner of any tract of land situated within the town or within the
extraterritorial jurisdiction of the town, who may hereafter divide
the same in two (2) or more parts described by metes and bounds or
otherwise for the purpose of selling or conveying any part thereof,
for laying out any subdivision of such tract of land or any addition
to the town, or for laying out suburban, building or other lots, or
to lay out streets, alleys, squares, parks, or other parts, is required
to submit a plat of such subdivision or addition for approval by the
town. The rules and regulations of the town established by ordinance
governing plats and subdivisions of land be and the same are hereby
extended to and shall apply to all of the area under the extraterritorial
jurisdiction of the town. Any person, firm or corporation seeking
approval of any plat, plan or replat of any subdivision of land within
the town and its extraterritorial jurisdiction shall be required to
comply with the requirements of this article before such approval
may be granted.
(Ordinance 05-05 adopted 2/7/05)
(a)
Building Setback Line.
Commission.
Common Areas or Common Open Spaces.
Cul-de-sac.
Engineer.
Final Development Plan Submission.
Fire Code.
Person.
Plat.
Preliminary Development Plan Submission.
Replat or Replatting.
Street.
Street Width.
Subdivider.
Subdivision.
Surveyor.
Town.
Town Attorney.
Town Council.
Town Engineer.
Town Secretary.
Utilities.
For the
purpose of this article, the following terms, phrases and their derivations
shall have the meaning defined in this section:
The line within the property defining the minimum horizontal
distance between a building, the adjoining property line, and the
adjacent street right-of-way.
The planning and zoning commission of the town.
All real property owned by an association of property owners
for the common use and/or enjoyment of the members of the association
and those areas for which maintenance responsibilities have been conveyed
to the association by the developer, owners, etc.
A short residential street having but one vehicular access
to another street and terminated by a vehicular turn around.
A person duly authorized and registered as a registered professional
engineer under the provisions of the Texas Engineering Practice Act,
as heretofore or hereafter amended, to practice the profession of
engineering and is so licensed to practice civil engineering.
All documentation and fees required to accompany the final
(record) plat document.
The fire code in effect by the town.
Any individual, association, firm, corporation, governmental
agency or political subdivision, including a landowner, their agent,
a developer, builder, or contractor.
A map or chart of the subdivision. It shall include plan,
plat or replat, in both the singular and plural.
All documentation and fees required to accompany the preliminary
plat document.
The resubdivision of any part or all of any block or blocks
of a previously platted subdivision, addition, lot or tract.
A public right-of-way that provides vehicular access to adjacent
land. “Street” means a way for vehicular traffic whether
designated a street, highway, thoroughfare, parkway, throughway, road,
road easement or street easement, avenue, boulevard, lane, place or
however otherwise designated.
The shortest distance between the lines that delineate the
rights-of-way of a street.
Any person proposing to subdivide, develop or build upon
a tract or parcel of property. The term includes the owner and/or
his agent.
A division of any tract of land situated within the town’s
corporate limits, or within its extraterritorial jurisdiction, into
two or more parts, or the creation of a building lot or lots, for
the immediate or future purpose of sale, transfer of ownership, building,
or development, and the future or the dedication of streets or easements
by means of platting. Subdivision shall include resubdivision, replatting,
and/or any other development of the land.
A surveyor registered as a public surveyor by the state board
of land surveying and so licensed.
The Town of Double Oak, Texas.
The attorney for the Town of Double Oak, Texas.
The governing body of the Town of Double Oak, Texas.
The engineer for the Town of Double Oak, Texas.
The town secretary of the Town of Double Oak, Texas.
Any person, corporation or political subdivision furnishing
public utility service of any kind and shall include but not be limited
to water, electrical, natural gas, telephone, cable services and sewage,
if applicable.
(b)
Definitions
not expressly prescribed herein are to be construed in accordance
with customary usage in municipal planning, real estate and engineering
practices.
(Ordinance 05-05 adopted 2/7/05)
(a)
No subdivision
of real property shall be authorized, approved or allowed which would
result in a violation of the requirements of the town’s zoning
or other ordinances.
(b)
All street
and easement dedications shall be in a form approved by the town.
The town shall not enjoy any benefits or incur any responsibility
implied by street and easement dedications until such dedications
have been formally accepted by the town council on behalf of the town.
(c)
During
the period of development and construction of any subdivision, the
subdivider shall maintain the area and roads in a clean and orderly
manner and in accordance with the current state commission on environmental
quality (TCEQ) and U.S. Environmental Protection Agency (EPA) requirements
and shall assume the responsibility to maintain all roads free of
debris and hazards.
(d)
No utilities
shall be permanently connected unless and until the subdivider satisfies
all requirements of this and other applicable ordinances.
(e)
No building
permits shall be issued for the construction of any building on any
land that has been zoned for residential or business use or as agricultural
use within the town unless the land has been subdivided in accordance
with the terms of this article or is otherwise excluded from the subdivision
definition of this article. No building permit shall be issued for
the construction of any improvements on any lot or parcel in a subdivision,
or otherwise, unless such lot or parcel is contiguous to a street
that is improved with a roadway base that meets the town’s standards
and all utilities are available to that lot or parcel. A minimum of
90% of the subdivision parcels (rounded to the nearest whole number)
contained within the subdivision shall have a frontage of no less
than 150 feet on a street that is improved with a roadway base that
meets the town’s standards. Any lots not meeting the 150 feet
frontage requirement shall, at a minimum, have 150 feet width at the
building line. Utilities must be available to 100% of the parcels
and must be underground.
(f)
The subdivider
shall submit a proposed plan and schedule of development for review
by the commission.
(g)
The subdivider
may be required to enter into a contract with the town which shall
govern the development of the subdivision. This contract shall be
based upon the requirements of this article and any other applicable
ordinances of the town and shall specify the individual and joint
responsibilities of both the town and the subdivider. The subdivider
will include in such agreement a hold harmless and indemnity clause
agreeing to hold the town, its officials, officers, agents and appointed
employees harmless from and to indemnify against any claim, damage
suit and/or judgment arising out of the subdivider’s development
or actions therein. This contract shall be filed for record in the
deed records of the county. The contract shall be executed before
the start of the clearing and/or grading of the land, the construction
of any street, alley, curb, gutter, drainage facility, water main
or secondary sewer or any other improvement, whether intended to be
dedicated to the town or not.
(h)
The town
council may grant an exception from any requirement of this article
and may include such exception as a provision in the subdivider’s
contract, provided there is a finding that such exception is not detrimental
to surrounding properties and residents.
(i)
The owner/subdivider
shall furnish a good and sufficient performance bond in an amount
equal to one hundred percent (100%) of the total cost of the improvements
to be dedicated to the town or conveyed to an association of homeowners
or property owners within the subdivision to guaranty full and faithful
performance and completion of the improvements. The performance bond
shall be furnished to the town prior to the commencement of construction
of the improvements. In addition, the owner/subdivider shall furnish
a good and sufficient maintenance bond in an amount equal to one hundred
percent (100%) of the total cost of the improvements to be dedicated
to the town or conveyed to an association of homeowners or property
owners within the subdivision to indemnify the town or association
of homeowners or property owners against any repairs which may become
necessary to any part of the construction work performed in connection
with the subdivision arising from defective workmanship or materials
used therein, for a full period of two (2) years from the date of
the town’s final acceptance of the entire project. The maintenance
bond shall provide that the contractor and the surety be firmly bound
unto the town, on condition that said contractor shall maintain said
work and keep the same in good repair for a maintenance period of
two (2) years from the date of the written acceptance by the town.
Final acceptance will be withheld until said maintenance bond is furnished
to the town. The foregoing bonds shall be executed by a corporate
surety authorized to do business in the state and approved by the
town. The surety must have an A.M. Best A+ rating and the bond shall
be payable to the town. The town engineer shall approve the bonds
as to proper amount, and the bonds shall be approved as to form by
the town attorney. The town council may at its sole discretion, waive
or reduce the amount or duration of the bonds.
(j)
Lots,
so far as practicable, shall have side lines at right angles to the
street which the lot faces, or radial to curved street lines. All
lot corners and points of curves shall be marked with steel rods or
concrete.
(k)
Building
lines shall be shown on preliminary and final plats and shall comply
with all zoning and other applicable ordinances.
(l)
All easements
shall be shown on preliminary and final plats.
(m)
Provisions
in all subdivisions shall be made for drainage easements to allow
for proper control of drainage and for future maintenance within the
easement area. All drainage shall be engineered to not change or adversely
affect the natural flow of rainfall runoff and stormwater and to avoid
any impact to properties down or upstream of the subdivision or development,
unless easements from all affected property owners have been obtained.
All drainage easements shall extend to a defined watercourse. No structure
shall be permitted within the easement which impedes the natural flow
to or through the watercourse.
(n)
A subdivider
or owner shall provide for the creation of a homeowners’, property
owners’ or business owners’ association for any subdivision
that contains common areas and/or common open spaces. The existence
of the association shall be perpetual, membership by owners of lots
within the subdivision shall be mandatory, and enforcement of association
dues, fees and requirements shall allow for assessments to be filed
as liens against the property. The foregoing requirements shall constitute
a covenant running with the land and must be recorded with the deed
records of the county. The association shall have the responsibility
of perpetual maintenance of common areas and/or common open spaces
within the subdivision in accordance with the ordinances of the town.
The rules of such associations, subdivision regulations, and/or the
declaration of covenants must be approved by the commission and town
council.
(o)
The town
council will establish, from time to time, and have published in the
town schedule of fees, the filing fees which must accompany any request
submitted to the town for review and action. These fees shall be charged
on each request whether the submission is approved or denied by the
town or withdrawn by the subdivider.
(Ordinance 05-05 adopted 2/7/05; Ordinance 06-02, sec. 1, adopted 1/9/06)
(a)
A preliminary
development plan for all proposed subdivisions shall be filed with
the town secretary for review by the commission and approval or denial
by the council. The preliminary development plan shall be accompanied
by the appropriate filing fee. No preliminary development plan or
preliminary plat application shall be deemed to have been filed, and
no action of the commission shall be valid, until and unless the fee
has been paid.
(b)
The preliminary
development plan shall contain a preliminary plat that shall be prepared
by a surveyor and/or engineer in accordance with this article and
applicable laws of the state. The preliminary plat shall be drawn
to a scale of 100 feet to the inch or larger and shall show the following
information:
(1)
Name
of subdivision.
(2)
Name
of owner and surveyor and/or engineer responsible for the surveying
design.
(3)
North
point.
(4)
Scale
and date.
(5)
Boundary
lines, existing and proposed building lines, the width, location and
number of all lots and blocks, planned streets, alleys and easements
within and adjacent to the property.
(6)
Width
and depth of proposed lots.
(7)
Contours
shall be at an interval of two-feet elevations unless otherwise specified
by the town council.
(8)
Physical
features of the property, including location of all planned and existing
watercourses, culverts, bridges, railroads, structures, sewers, fire
hydrants, water mains, gas, electric, telephone lines and such other
structures or improvements as may affect the consideration of the
preliminary plat.
(9)
The
limits of any floodplain and floodway as they are currently shown
on Federal Emergency Management Agency (FEMA) maps within the property
and proposed alterations which may impact water flow.
(10)
The
location of any open spaces the subdivider proposes to dedicate to
the town or as common areas to a property owners’ association.
(11)
The
location, right-of-way width and names of proposed streets.
(12)
The
location and approximate size of sites for schools, churches, and
parks and other special land uses intended to be dedicated to public
use or reserved for common use of owners in the subdivision.
(13)
The
approximate acreage of the property to be subdivided.
(14)
A
proposed utility plan should be included, and where unusual grade
conditions exist, the town engineer may require preliminary street
grades.
(15)
The
proposed use of any land contained in the subdivision that is not
within the boundaries of lots or street rights-of-way, as well as
the current zoning classification of all land within the subdivision.
(16)
A
key map showing relation of subdivision to well known streets in all
directions to a distance appropriate to locate the property.
(c)
If there
are no adjacent subdivisions, a map on a reduced scale must be presented
to show the nearest subdivision and how the streets and easements
in the nearest subdivision may connect with those in the proposed
subdivision.
(d)
The subdivider
shall file fifteen (15) copies of the preliminary development plan,
including fifteen (15) blue or black line copies of the preliminary
plat (one of which shall be no larger than 11 x 17) and one (1) electronic
copy (PDF and JPG format on a CD) together with the original drawing,
with the town secretary at least fifteen (15) days prior to the date
on which the preliminary development plan will be considered by the
commission. If such documents are filed within fifteen (15) days of
the next regular commission meeting, the application, if not rejected
for filing by the town secretary, shall be deemed to be filed on the
fifteenth (15th) day preceding the next regular commission meeting.
When the required documents have been filed with the town secretary,
all fees have been paid, and the plan meets all requirements of this
article, the town secretary shall make written acknowledgement to
the subdivider that the preliminary development plan has been received
and filed.
(e)
A detailed
phased plan for development of the subdivision must be included with
the preliminary development plan if the subdivision is to be completed
in a timeframe of greater than twelve (12) months. The plan shall
include an approximate completion date for each phase.
(f)
A preliminary
engineering drawing showing drainage and the potential impacts on
adjoining, upstream and downstream properties shall be provided with
the preliminary development plan.
(g)
The commission
and town engineer shall review the preliminary development plan for
compliance with this article and other applicable town ordinances.
The commission, town engineer or subcommittee of the commission may
require changes to the preliminary development plan as presented,
and the subdivider shall prepare and submit a corrected plan. The
submission of a corrected plan to satisfy the terms of this article
or for any other reason, shall invalidate the previously acknowledged
filing date and a new filing date will be established as the date
the corrected plan is filed. The commission may, in its discretion,
grant exceptions to a change in the filing date.
(h)
All utilities
and services shall be underground and the subdivider shall submit
letters from all utility companies and providers verifying that they
shall furnish all utility service as reflected on the plan. Such letters
shall be dated no more than 90 days prior to the submittal date of
the preliminary development plan.
(i)
The preliminary
development plan shall clearly reflect the location of three-way fire
hydrants within the subdivision for fire prevention with at least
one fire hydrant being located within 500 feet of any point in a residential
subdivision or 300 feet in a business development. Fire hydrants shall
be installed in accordance with Bartonville Water Supply Corporation
requirements and must have a minimum clearance of 5 feet for access
and visibility for 180 degrees facing the front. All plans shall meet
the minimum requirements of the fire code.
(j)
Copies
of percolation tests performed by a registered professional engineer
or registered professional sanitarian in accordance with applicable
building codes and specifications of the county health department
shall be submitted with each preliminary development plan. A representative
test or tests covering at least 20% of the lots, uniformly distributed
over the property, shall be required. The location of the test(s)
shall be reflected on the face of the preliminary plat. The town engineer
and/or town sanitarian may, at their discretion, require additional
tests. On the recommendation of the town engineer, the commission
may require aerobic systems for on-site septic facilities for each
residential lot.
(k)
The commission
shall take action on the preliminary development plan within thirty
(30) days of the last acknowledged filing date. Approval shall not
be given to any plan which does not satisfy the requirements of this
[article] or any other town ordinance. The commission shall make its
recommendation to the town council and the town council shall either
approve or disapprove the preliminary development plan within thirty
(30) days after receiving such recommendation from the commission.
No conditional recommendation shall be made by the commission nor
shall any conditional approval be granted by the council.
(l)
The approval
of the preliminary development plan does not constitute acceptance
of the subdivision. It is merely an authorization to proceed with
the preparation of the final plat in accordance with the approved
preliminary development plan. Approval of the preliminary development
plan expires at the end of twelve (12) months after the date of council
approval unless a final plat submission has been submitted or an exception
is allowed under the provisions of this article.
(Ordinance 05-05 adopted 2/7/05)
(a)
The final
development plan submission may include all or only a portion of the
area covered by the preliminary development plan but shall not include
areas or land not a part of the area encompassed by the preliminary
development plan.
(b)
The final
development plan submission may be submitted for review and approval
at any time after the approval of the preliminary development plan
but before the expiration date of the preliminary development plan.
(c)
Included
in the filing of the final development plan submission, the subdivider
shall submit to the town secretary detailed engineering plans and
specifications prepared, signed and sealed by a registered professional
engineer. These plans shall provide for the construction of all streets
required within or adjacent to the subdivision; shall make adequate
provisions for all surface and storm drainage within and across the
subdivision; shall provide for the construction of a water distribution
system, including fire hydrants, adequate to serve the subdivision
with water with adequate pressure for fire protection, domestic consumption
and/or light commercial use together with such mains as may be required
to connect with the existing system; and shall provide for the construction
of such other improvements as may be required. The subdivider will
be required to pay the full cost of all public improvements listed
above, including the costs of the initial installation of street lighting
and traffic control and street name signs. The subdivider may also
prepare and submit a proposed subdivider’s contract with the
town as required by this article.
(d)
The final
development plan submission shall be filed with the town secretary
at least fifteen (15) days prior to the date on which the final development
plan is to be considered by the commission and shall include at least
fifteen (15) copies of the complete package. Included in each package
will be one (1) blue or black line print of a size as required by
the county. In addition, one (1) 11 x 17 copy, and one (1) electronic
copy each, in PDF and JPG and DWG formats on a CD, together with the
original, shall also be furnished. The required fees must be paid
at the time of the submission. The town secretary shall verify that
all submission requirements have been met and upon doing so will advise
the subdivider and commission with written acknowledgement that the
final development plan has been filed for consideration by the commission.
The effective date of filing shall be specified in this acknowledgement.
In the absence of such acknowledgement, the filing date shall be the
last date on which all required materials and appropriate copies are
furnished to the town secretary and the required fees have been paid.
If this date is within fifteen (15) days of the next regular commission
meeting, the submission, if not rejected for filing by the town secretary,
shall be deemed to be filed on the fifteenth (15th) day preceding
the next regular commission meeting.
(e)
The final
plat shall be in accordance with the approved preliminary plat. The
plat shall be drawn to scale of one hundred (100) feet to the inch
or larger. In the event that more than one sheet is required, an index
sheet at a reduced scale shall be provided. The final plat shall show
the same information required to be shown on the preliminary plat
and shall also contain the following information:
(1)
Name
of subdivision.
(2)
Name
of owner and surveyor and/or engineer responsible for the surveying
design.
(3)
North
point.
(4)
Scale
and date.
(5)
Boundary
lines, existing building lines, proposed building lines and the width
and location of planned streets, alleys and easements within and adjacent
to the property.
(6)
Width
and depth of proposed lots.
(7)
The
proposed use of the land in the subdivision and existing zoning.
(8)
The
limits of any floodplain and floodway as they are currently shown
on Federal Emergency Management Agency (FEMA) maps within the property
and proposed alterations which may impact water flow.
(9)
[Reserved.]
(10)
The
location of any open spaces the subdivider proposes to dedicate to
the town or as common areas to an owners’ association.
(11)
If
there are no adjacent subdivisions, a map on a reduced scale must
be presented to show the nearest subdivision and how the streets and
easements in the nearest subdivision may connect with those in the
proposed subdivision.
(12)
An
accurate on-the-ground boundary survey of the property with bearings
and distances and showing the lines of all adjacent land, streets
and easements with their name and width. Streets, easements and lot
lines in adjacent subdivisions shall be shown dotted. All necessary
data to reproduce the plat on the ground must be shown on the plat.
(13)
The
description and location of all permanent survey monuments and control
points.
(14)
Suitable
primary control points to which all dimension bearings and similar
data shall be referred. Dimensions shall be shown in feet and decimals
of a foot.
(15)
The
certificate of the surveyor shall be placed on the face of the plat.
(16)
If
appropriate, a certificate of ownership and dedication in a form approved
by the town of all streets, easements, road easements, parks, open
spaces and public ways, dedicated to public use forever which shall
be signed and acknowledged by a notary public, and by the owner and
lien holder of the land, together with an accurate description of
the land subdivided and the streets dedicated.
(17)
A
waiver of claim for damage occasioned by the establishment of grades
or the alteration of the surface of any portion of the streets and
easements.
(18)
The
following dedications and certificates:
(A)
A certificate of dedication of all streets, public highways, alleys,
parks, utility easements, and other land intended for public use forever,
signed by the owner or owners and by all other parties who have a
mortgage or lien interest in the property and acknowledged before
a notary public. All deed restrictions that are to be filed with the
final plat shall be shown or filed separately.
(B)
A waiver of claim for damages against the town occasioned by the
establishment of grades or the alteration of the surface of any portion
of existing streets and alleys to conform to the grades established
in the subdivision.
(C)
Certification by a registered engineer or a licensed state land surveyor,
duly licensed by the state, to the effect that the plan represents
a survey made by him, and that all the necessary survey monuments
are correctly shown therein.
(D)
The following certificates shall be placed on the final plat, in
a manner that will allow the filling in of the certificate by the
proper party:
|
“Approved:
| |
|
_____________________
Mayor
|
__________
Date
|
|
Acknowledged:
| |
|
This approval shall be invalid unless the approved Final Plat
for such Subdivision/Addition is recorded in the office of the County
Clerk of Denton County, Texas within ninety (90) days from said date
of final approval.
| |
|
Witness my hand this _____ day of __________, 20 _____.
| |
|
_____________________
Town Secretary
Town of Double Oak, Texas”
| |
(f)
The subdivider
shall also provide a certificate, signed by the tax assessor, stating
that any taxes and assessments then due and payable on the land contained
within the proposed subdivision have been paid. Failure to provide
this certificate shall require the commission and/or the town council
to disapprove the plan.
(g)
The commission
shall take action on the final development plan submission within
thirty (30) days after the filing date. The commission shall make
its recommendation to the town council and the town council shall
either approve or disapprove the final development plan within 30
days after receiving such recommendation from the commission. No conditional
approval shall be granted.
(h)
After
approval by the commission for recommendation to the town council
and after approval by the town council, a certificate of approval
signed by the chairman of the commission and by the mayor shall be
attached to the final plat.
(i)
After
approval of the final plat by the town council, the owner, within
twelve (12) months of such approval, shall file the approved plat
with the county clerk and shall return two (2) copies of the recorded
document to the town secretary within fifteen (15) days of the date
of the recording. The subdivider shall pay all filing and recording
fees. If the plat is not filed with the county clerk within twelve
(12) months of its approval by the town council, the approval shall
be considered null and void unless the town council, at its sole discretion,
grants a one-time extension to the twelve-month limit.
(j)
The subdivider’s
failure to satisfy any of the requirements of this article or any
other requirement imposed by this code of ordinances shall require
the commission and the town council to disapprove the plan.
(Ordinance 05-05 adopted 2/7/05)
(a)
Any person
who wishes to revise all or part of a subdivision plat which has been
previously filed for record must make an application of the proposed
revised plat to the commission for review and recommendation to the
town council. The replat of the subdivision shall meet all the requirements
for a subdivision that may be pertinent. However, if after review
by the town engineer the subdivision as replatted does not require
any appreciable alteration or improvement of utility installations,
streets, alleys, building setback lines, etc., then no engineering
plans or preliminary plat may be required.
(b)
In the
event the proposed replat involves property which has been previously
developed or zoned for single-family or ranch estates residential
use, or the town engineer determines that the proposed changes require
a more detailed review, then the following will be required.
(1)
The
town secretary, after such replat application is filed, shall give
notice of the application and the public hearing thereon to the public
by causing to be published a notice in the official newspaper of the
town more than fifteen (15) days before the date of the commission
meeting at which it is to be considered. Such notice shall state the
time and place at which the commission will meet to consider the replat
and to hear public comment to the revision at a public hearing. Additionally,
written notice of the public hearing shall be sent to all owners of
property located within two hundred feet (200') of the property upon
which the replat is requested and such notice shall be sent more than
fifteen (15) days prior to the public hearing. Such notice may be
served by depositing the notice, properly addressed and postage paid,
at the local post office, to the addresses indicated on the most recently
approved tax roll.
(2)
After
consideration by the commission of the replat, it will make its recommendation
to the town council to approve or disapprove the replat.
(3)
If
the proposed replat requires a variance and is protested in accordance
with this subsection, the proposed replat must receive, in order to
be approved, the affirmative vote of at least three-fourths of the
members present of the commission or council, or both. For a legal
protest, written instruments signed by the owners of at least 20 percent
of the area of the lots or land immediately adjoining the area covered
by the proposed replat and extending 200 feet from that area, but
within the original subdivision, must be filed with the commission
or council, or both, prior to the close of the public hearing. In
computing the percentage of land area under this subsection, the area
of streets and alleys shall be included. However, compliance with
this subsection is not required for approval of a replat of part of
a preceding plat if the area to be replatted was designated or reserved
for other than single or duplex family residential use by notation
on the last legally recorded plat or in the legally recorded restrictions
applicable to the plat.
(c)
On lots
that are already platted, where replatting is requested to divide
a lot, a minimum fee is required as may be established from time to
time by the town council and published in the town’s schedule
of fees.
(Ordinance 05-05 adopted 2/7/05)
All subdivisions shall comply with the following standards:
(1)
Compliance
with the town’s comprehensive zoning ordinance, any master plans
relating to streets and other public facilities such as drainage,
and all other town ordinances, including but not limited to the town’s
flood damage prevention, erosion control, and drainage regulations.
(2)
A minimum
of 90% of the subdivision parcels (rounded to the nearest whole number)
contained within the subdivision shall have a frontage of no less
than 150 feet on a street that is improved with a roadway base that
meets the town’s standards. Any lots not meeting the 150-feet
frontage requirement shall, at a minimum, have 150-feet width at the
building line. Utilities must be available to 100% of the parcels
and must be underground.
(3)
Reserve
Strips Prohibited.
There shall be no reserve strips controlling
access to land dedicated or intended to be dedicated to public use.
(Ordinance 05-05 adopted 2/7/05; Ordinance 06-02, sec. 2, adopted 1/9/06)
(a)
All streets
and roads shall have barrow ditches on each side with culverts at
each driveway. Culvert sizing shall be in accordance with town specifications
and all culverts shall be shown and sized on the subdivision map,
including those for future driveways at each lot.
(b)
Culverts
at each intersection shall be cut to the slope of the embankment and
have a concrete headwall with 6" concrete curbs alternatively, vertical
concrete headwall, curbs and wing walls.
(c)
All street
construction shall be in accordance with and satisfy the standards
and specifications set forth in the town’s street construction
specifications (Exhibit A)[1] and in Article 3.900 of the code, as such may from time to time be amended.
[1]
Editor’s note—Exhibit A is included as an attachment to this chapter.
(d)
Dead-end
streets shall not be approved, except in unusual circumstances. Cul-de-sacs
may be permitted if they are no longer than 500 feet in length, provide
proper access to all lots, and adhere to the requirements of the adopted
fire code, as amended. Any approved dead-end streets or cul-de-sacs
must be constructed with a turn-around having an outside street right-of-way
radius of at least sixty (60) feet.
(e)
A subdivision
plat that contains a proposed cul-de-sac longer than 500 feet may
be recommended by the commission to the town council for approval,
where consideration has been given to reports from the fire department
and the town engineer.
(f)
Provision
shall be made for the extension of any existing dead-end street that
is contiguous to the subdivision. In this regard, such contiguous
dead-end streets shall be extended into the proposed subdivision.
Where roadway easements are designated on the plat to provide future
access to adjacent undeveloped properties, the plat shall clearly
designate such roadway easements and same shall be dedicated to the
town for future improvement. The town encourages subdividers to propose
streets that conform and flow with the existing topography in order
to create the most attractive subdivision possible.
(g)
Street
Widths.
Street width shall be measured from front lot
line to front lot line of opposite lots.
(1)
Local
Streets.
Local streets shall have a minimum right-of-way
width of sixty (60) feet.
(2)
Secondary
Streets.
Secondary or feeder streets shall have a minimum
right-of-way width of sixty (60) feet.
(3)
Major
Streets.
The width of major streets shall be determined
by the town council, the major street plan, and adopted standards.
Major streets with a right-of-way width of less than one hundred (100)
feet are to be increased to a width of one hundred fifty (150) feet
at the approach to a major street intersection, with a transition
back to normal right-of-way over a distance of an additional one hundred
fifty (150) feet.
(4)
Major
Thoroughfare.
The width of major thoroughfares shall
be determined by the town council or major street plan; however, this
classification carries a minimum right-of-way of one hundred (100)
feet and a maximum of one hundred twenty (120) feet.
(h)
Street
Alignment.
The maximum deflection in alignment permitted
without use of curve shall be five (5) degrees.
(i)
Major
Street Curves.
Curves along street centerlines shall
conform to the following standards, with exceptions to these standards
granted only by the town council:
|
Classification
|
Design Speed
(MPH)
|
Centerline Radius
(feet)
| |
|---|---|---|---|
|
|
|
Desirable
|
Minimum
|
|
Major
|
55
|
1000
|
800
|
|
Secondary
|
40
|
550
|
425
|
|
Local
|
30
|
300
|
200
|
(j)
Reverse
Curves.
Reverse curves whenever possible shall be separated
by a minimum tangent of one hundred (100) feet,
(k)
Street
Intersections.
(1)
Angle
of Intersection.
Except where existing conditions will
not permit, all streets, major and minor, shall intersect at a ninety-degree
angle. Variations of more than ten (10) degrees on minor streets and
more than five (5) degrees on major or secondary streets must first
be approved by the town council.
(2)
Radius
at Acute Corners.
Acute angle intersections approved
by the town council are to have twenty-five (25) foot or greater radii
at acute corners.
(3)
Center-line
Tie with Existing Streets.
Each new street intersecting
with or extending to meet an existing street shall be tied to the
existing street on center line with dimensions and bearings to show
relationship.
(l)
Partial
or Half-streets.
Partial or half-streets may be provided
where the town council finds that a street should be located on a
property line. The following note shall be used in all such dedications:
“This _____ foot strip is dedicated as easement for all utility
purposes including storm and sanitary sewers and shall automatically
become dedicated for street purposes when and insofar as a _____ foot
strip adjacent to it is so dedicated and the required improvements
are installed.”
(m)
Street
Names.
New streets shall be named so as to provide continuity
of name with existing streets and so as to prevent conflict with identical
or similar names in other parts of the town.
(Ordinance 05-05 adopted 2/7/05)
(a)
Alley
Width.
Where provided, alley right-of-ways shall not
be less than twenty (20) feet.
(b)
Alley
Intersections.
All alleys intersecting with another alley
shall have a centerline radius of forty (40) feet, a property line
radius of thirty (30) feet, and shall conform to the standard details.
(c)
Dead-end
Alleys.
Dead-end alleys will not be permitted. Alleys
in new subdivisions shall connect to alleys in adjacent subdivisions
wherever feasible.
(d)
Alleys
Required.
Alleys shall be required in all business areas
and in those portions of new residential subdivisions where partial
blocks are needed to complete existing blocks with alleys.
(Ordinance 05-05 adopted 2/7/05)
(a)
Size.
The size of easements where alleys are not provided shall be
not less than five (5) feet on each side of rear lot lines with additional
five (5) feet on each side beginning at a plane twenty (20) feet above
the ground. The full width of the easement shall be not less than
ten (10) feet at ground level and not less than twenty (20) feet beginning
at a plane twenty (20) feet above ground.
(b)
Use.
Where necessary, easements shall be retained for wires, conduits,
storm sewers, sanitary sewers, water lines, open drains, gas lines
or other utilities. Such easements may be required across parts of
lots (including side lines), other than as described above, if in
the opinion of the town council same is needed.
(c)
Underground
Utilities.
All subdivisions shall place all utilities
underground.
(d)
Major
Trees within Utility Easements.
Every precaution shall
be utilized to protect the natural environment of the subdivision,
preserving prominent trees wherever possible, and the owner/subdivider
shall advise the town council of the necessity of destroying an inordinate
amount of trees, and the method of restoration of the area in keeping
with the spirit of the town.
(Ordinance 05-05 adopted 2/7/05)
(a)
The engineer
retained by the subdivider shall prepare his plans for the construction
of required public facilities so that there is the desired degree
of uniformity, appearance and/or operation of the facility throughout
the various subdivisions of the town. Standard construction specifications
shall be used except when permission is otherwise granted by express
written permission of the town.
(b)
Drafting
standards and design practices shall be equal to that representative
of the profession in the preparation of plans for construction. The
engineer shall furnish the town with any working notes, calculations
and supplemental drawings used in the preparation of the plans for
the proposed work in the subdivision upon request.
(c)
The subdivider
shall require his engineers to furnish copies as detailed in the appropriate
sections of this article to the commission and the town council for
review. These plans shall be sufficiently detailed to enable the facilities
to be constructed according to the engineer’s intent with no
further assistance from the engineer during the construction phase.
(d)
All storm
sewers shall be constructed of RCP materials, unless an alternate
is approved by the town engineer.
(e)
A tree
survey illustrating all existing trees with trunk caliper of 6 inches
or greater (measured at four (4) feet above average grade) and those
which are proposed for removal as a result of the requested project
shall be submitted as part of the final development plan submission.
(f)
The final
development plan submission shall include common area landscaping,
screening and irrigation plans containing the height, location and
types of all proposed landscaping and screening materials. Detailed
irrigation plans shall indicate methods and diagrams of areas to be
irrigated.
(g)
Any engineering
costs and fees incurred by the town for consulting work or for review
of submittals will be paid by the subdivider.
(Ordinance 05-05 adopted 2/7/05)
When an owner/subdivider can show that a provision of this article
would cause unnecessary hardship if strictly adhered to, and where,
because of some condition peculiar to the site, in the opinion of
the town council, a departure may be made without destroying the intent
of such provisions, the town council may authorize a variance.
(Ordinance 05-05 adopted 2/7/05)
(a)
Any person,
firm or association violating any of the provisions of this article
shall be deemed guilty of a misdemeanor and upon conviction thereof,
shall be fined in accordance with the general penalty provision found
in Section 1.109 of this code for each violation, and each day such
violation continues shall constitute a separate and distinct offense.
(b)
The town
may also pursue such other legal remedies as may be available, including
injunctive and declaratory relief, as it may deem appropriate and
the remedies and sanctions provided for herein are cumulative of all
remedies.
(Ordinance 05-05 adopted 2/7/05)
